These Terms and Conditions apply to the use of this website including the purchase of services. This Agreement contains the complete Terms and Conditions that apply to users and others who interact with randomdraws.co.nz™. By using or accessing randomdraws.co.nz™, which you may access in several ways, including but not limited to the web, mobile phones and tablets, constitutes your acceptance of and agreement to all of these Terms and Conditions and the Privacy Policy, and your representation that you are eighteen (18) years of age or older and capable of entering into legally binding contracts.
If you object to anything in these Terms and Conditions or the Privacy Policy, you are not permitted to use the Site and the Services offered by randomdraws.co.nz™.
These terms and conditions apply whenever you access the Site, regardless of how you access the Site.
By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, TPAL may terminate your right to access the service.
1.1 In these Terms and Conditions:
1.2 the singular includes the plural and vice versa; and
1.3 a reference to currency is a reference to Australian dollars.
1.4 You agree that each of these definitions has the same meaning wherever they appear on our website.
2.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
2.2 All content and services provided on or through this Site are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.
2.3 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time. Agreement posted on randomdraws.co.nz™ reflects the latest agreement and you should carefully review the same before you use our site.
2.4 If you wish to become a member or user (Users) of randomdraws.co.nz™, please read these Terms and Conditions of use carefully before using and placing an Order for the Services offered by randomdraws.co.nz™.
2.5 You understand and agree, however, that you will use randomdraws.co.nz™ including its tools and services with full responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations.
If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following Terms and Conditions as they apply at the time. Please read them carefully. At the end of these Terms and Conditions, you will be given the choice of accepting or rejecting the Terms and Conditions. If you accept them, you may use our service, including to order a product. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to have read the relevant Terms and Conditions carefully.
3.1randomdraws.co.nz™ is a facilitator who carries out the Services for its users.
3.2The Services allow for Users to:
4.1randomdraws.co.nz™ or TPAL is not a government or regulatory body or a law firm.
4.2randomdraws.co.nz™ agrees to provide you with a licence to order products from our service on the condition that you accept these Terms and Conditions and pay our fees in the way required. The licence is not transferable. The licence begins on the day you use our service, and ends in accordance with these Terms and Conditions (see below).
5.1You may register an account on the website to place an order.
5.2Once you have completed the draw process, you will be given the options to:
5.3Payment for the Order must be made through the Site, at the time of placing the Order and paid via credit card unless prior arrangements have been agreed upon.
5.4You agree that you are solely responsible in verifying the data filled in and submitted.
5.5You agree that by using randomdraws.co.nz™, you understand and acknowledge that randomdraws.co.nz™ provides you with an online platform to hold draws for chance based competitions for your benefit and therefore randomdraws.co.nz™:
6.1randomdraws.co.nz™ uses third party merchant facilities to process payments. randomdraws.co.nz™ is not responsible or has any control over any third party merchant facilities. Users acknowledge and agree that randomdraws.co.nz™ will not be liable for any loss or damage arising out of their use of a third party payment gateway.
6.2All prices shall be shown in AUD excluding GST where applicable, and/or delivery costs.
6.3Users acknowledge and agree that they are liable to pay the fees, which shall be transferred into the TPAL account at the time of placing the order.
6.4randomdraws.co.nz™ service fees shall be as stated in the content of the website, as is subject to change.
6.5You cannot cancel an order once it has been submitted through our Site.
6.6One Pre-purchased credit can be used to order one draw. If you pre-purchase credits before your original credits expire, the original credits will receive the same expiry as the additional credits, effectively increasing the expiry period of the original credits.
6.7We are not able to offer a refund on unused credits regardless of the extent of the expiry period.
7.1randomdraws.co.nz™ agrees that:
8.1As a user of randomdraws.co.nz™ you commit to us to maintain the security of your account, if you set up an account:
9.1randomdraws.co.nz™ agrees that you will have a licence to use the products that you order using our service.
9.2In relation to your use of our service and the products you order, you agree that:
10.1 You agree that:
11.1 You agree that:
12.1 You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
12.2 You agree that you continually indemnify us against any cost, loss, liability, or damage incurred as a result of your use of our service.
13.1 randomdraws.co.nz™ may promote to you, or refer you to, products or services of a third party (Partner).
13.2 When you use a Partner’s website, or services available from that website:
14.1 You agree that:
15.1 We may terminate your access or use or account for any reason at any time. If you are using a paid version of the service and we terminate your access or use of the service because you have breached this Agreement, you will not be entitled to any refund of unused fees.
15.2 If you violate these terms and conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of randomdraws.co.nz™ to you. We will notify you by email or at the next time you attempt to access your account. You may terminate your access, or delete your account or disable your account for any reason at any time. Even after your account is terminated, certain sections of this Agreement will remain in effect.
16.1 The parties shall first attempt to resolve any claim, cause of action or dispute ("claim") arising out of or relating to these terms and conditions, in an amicable manner by mediation with a mutually acceptable mediator based in Sydney, Australia prior to commencing any legal action. The laws of the State of New South Wales, Australia will govern this terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia for the purpose of litigating all such claims.
16.2 randomdraws.co.nz™ will use reasonable endeavours to mediate any disputes concerning the Services, excluding disputes arising with the relevant regulatory bodies. If you raise a dispute as to the quality of the Services, then we may contact you to get further information and carry out investigation and notify you about the outcome of the investigation.
16.3 If anyone brings a claim against us related to your actions, content or information on randomdraws.co.nz™, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
17.1 You use randomdraws.co.nz™ at your own risk. We provide the service on a "as is" basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for particular purpose, and non-infringement. randomdraws.co.nz™ is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
17.2 We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this terms and conditions or your use of the Services offered by randomdraws.co.nz™ or the liability or fitness of any regulatory body, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this terms and conditions or randomdraws.co.nz™ will not exceed the greater of $50 or the amount you have paid us for carrying out the Services.
17.3 Where the above limitation or exclusion of liability, or incidental or consequential damages is not permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, then such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect, and randomdraws.co.nz™ excludes all rights, liabilities, remedies, conditions and warranties in respect of goods or Services from your use of TPAL whether based in statute, common law or otherwise to the fullest extent permitted by applicable law.
17.4 As a condition of your access to and use of the Services, you agree to indemnify randomdraws.co.nz™ and TPAL and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Services; or (b) your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
18.2You agree that:
18.3We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
19.1 You agree that:
19.2 randomdraws.co.nz™ owns all of the rights, title and interest in relation to the user content and information you post through the website, or through the Service or Application and you automatically assign all rights, title and interest, absolutely in the content and information you post and share through randomdraws.co.nz™.
20.1 If we discover that we have lost revenue through your misuse of our service or your breach of these Terms and Conditions, then you agree that we may recover from you each of the following:
20.2 Also, if we can show that we have lost revenue through your misuse of our service or breach of these Terms and Conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.
21.1 You agree that:
22.1 Our standard arrangement is for you to pay us online by credit card through an online payment system set up through our website. The Merchant is Trade Promotions and Lotteries Pty Ltd trading as TPAL of 24/88 Pitt St, Sydney NSW 2000 Australia
22.2 At the time you place an order through our website, we electronically provide you with our invoice/receipt.
22.3 If you do not make payments at the time of lodgement of your order, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
23.1 You agree that because of the nature of our products, we are most unlikely to allow any refunds, returns, or exchanges and that we provide refunds at our absolute discretion, in exceptional circumstances.
23.2 You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:
24.1 These Terms and Conditions are governed by and are to be read and interpreted according to the laws of the State of New South Wales, Australia. Each of randomdraws.co.nz™ and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
24.2 If you want to use randomdraws.co.nz™, you must agree to our Terms and Conditions. If you don’t agree, then you can’t buy anything through our system.
25.1 This terms and conditions is an agreement between you and TPAL. This terms and conditions and privacy policy collectively makes up the entire agreement between the parties regarding randomdraws.co.nz™, and supersedes any prior agreements. If any portion of this terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this terms and conditions, it will not be considered a waiver. Any amendment to or waiver of this terms and conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under this terms and conditions to anyone else without our consent. All of our rights and obligations under this terms & conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this terms and conditions shall prevent us from complying with the law. This terms and conditions does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing randomdraws.co.nz™. This Agreement will remain in full force and effect while you use randomdraws.co.nz™. TPAL reserves the right to change and update this terms and conditions without any notice to you. Continued use of the Website will be deemed to constitute your acceptance of those changes.