WEBSITE TERMS AND CONDITIONS

Lucky Breaks Club Pty Ltd, ABN 76 677 772 575, (“we”, “us” or the “Company) provides corporate branding services and custom branded company merchandise.

1. Use of Site Acceptance of Terms 1.1. By accessing this site, you agree to be bound by these terms and conditions (“Website Terms and Conditions”). These Website Terms and Conditions constitute a binding agreement between you and the Company and govern your use of this site.

Eligibility 1.2. If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.

Privacy 1.3. Your use of this site is governed by these Website Terms and Conditions and is also subject to our Privacy Policy, which is incorporated by reference and available at [INSERT URL]. We are committed to protecting your privacy, and any personal information collected during the purchase process will be handled in accordance with our Privacy Policy.

Access and Use 1.4. You may use the Site for lawful purposes and in accordance with these Terms. You agree not to use the Site: i. In any way that violates any applicable federal, state, local, or international law or regulation. ii. To engage in any conduct that is fraudulent, harmful, or otherwise objectionable. iii. To transmit or procure the sending of any advertising or promotional material without our prior written consent.

Changes to Terms 1.5. The Company reserves the right to amend these Website Terms and Conditions and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect of content of this site of the products/services offered through this site. 2. Indemnity 2.1. You agree to indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates from and against any losses, liabilities, costs, expenses, or damages (including all legal fees on a solicitor-client basis) arising out of or in any way related to: i. Any material or information that you submit, post, transmit, or otherwise make available through this site; ii. Your use of or connection to this site; iii. Your negligence or misconduct, breach of these Website Terms and Conditions, or violation of any law or the rights of any person or legal entity. 3. Registration, Account Security, User Information and User Responsibilities Registration 3.1. The Company reserves the right to make any parts of this site accessible only to users who have registered.

Account Security 3.2. Upon registration with this site, you will be issued a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorized representative.

3.3. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User Information 3.4. In order to register an account with this site, you must provide the Company with: (a) A valid email address; (b) Accurate billing and contact information (including your street address and the name and telephone number of your authorized billing contact and administrator); and (c) Any other information that may be required by the Company during the registration process. You must promptly update this information to maintain its accuracy at all times.

3.5. You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

User Content 3.6. In these Website Terms and Conditions, the term "User Content" means any and all content that is submitted, posted, or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings, and feedback.

License to Use User Content 3.7. By submitting content to our site (e.g., designs, logos), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion. This license will terminate upon your removal of the content from the site except where such content has been shared with others and they have not deleted it.

4. Prohibited Uses 4.1. You agree not to use the site for any illegal or unauthorized purposes, including but not limited to: i. Engaging in activities that violate any law or regulation. ii. Impersonating others or engaging in fraudulent behaviour. iii. Attempting unauthorized access to the site or its systems. iv. Distributing viruses, malware, or other harmful code. v. Sending spam, phishing attempts, or unsolicited communications. vi. Infringing on intellectual property or privacy rights. vii. Exploiting or harming individuals, especially minors. viii. Disrupting or interfering with the site’s operations. ix. Using automated means, such as bots, spiders, or scrapers, to access the site, collect data, or perform any activity that imposes an unreasonable load on our infrastructure. Any violation of these terms may result in immediate termination of your access and potential legal action.

5. Violations and Termination of Access 5.1. Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice: a) Temporarily or indefinitely suspend or terminate your access to this site or refuse to provide products or services to you if: i. You breach any provision of these Website Terms and Conditions; ii. The Company is unable to verify or authenticate any information that you provide to us; iii. The Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers, or any other person; and b) Remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights, or these Website Terms and Conditions.

6. Membership Fees and Cancellations 6.1. Weekly Plans Membership fees for weekly plans are charged on a recurring basis and are non-refundable. Members may cancel their weekly membership at any time.

6.2. Yearly Plans Yearly memberships are billed in full upfront and are non-refundable. If you choose to cancel a yearly membership, your access will remain active until the end of the paid period, but no refunds will be issued, and the cancellation will prevent any future renewals.

7. Products and Services Descriptions and Availability 7.1. We strive to ensure that all products and services listed on our site are accurately described and available as advertised. However, we do not guarantee that descriptions, pricing, or other content is error-free. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. The availability of products and services is subject to change, and we reserve the right to discontinue any product or service at any time.

Merchandise 7.2. All merchandise sold through our site is intended for personal use only, unless otherwise explicitly stated. We do not guarantee that the merchandise will meet your expectations, and minor variations in colour, design, or packaging may occur. Merchandise is sold on an "as-is" basis, and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Merchandise availability is subject to change, and we reserve the right to limit quantities or discontinue any merchandise at any time without prior notice.

Pricing 7.3. The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order. All amounts payable through your use of this site are expressed to be exclusive of GST unless otherwise stated. GST may be added to the supply of the goods or services requested in your order, and the total amount including GST will be clearly shown before your finalise your purchase at checkout. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment Terms 7.4. Payment for orders placed through this site may be made: (1) by credit card processed online using the secure payment gateway provided by our payment providers; (2) using a payment provider account; or (3) via direct bank deposit by electronic funds transfer (EFT).

Payment Providers 7.5. The Company uses the third-party payment gateways for secure online payment transactions. Currently, the Company uses the following payment providers: (1) PayPal: Payments made through PayPal Australia Pty Ltd (ABN 93 111 195 389) are subject to PayPal’s own terms and conditions and privacy policy, links to which are provided from the PayPal checkout pages. For more information about PayPal, see the PayPal website (http://www.paypal.com.au). (2) Apple Pay: Payments made through Apple Pay are subject to Apple’s s terms and conditions and privacy policy. For more information, visit the Apple Pay website (https://www.apple.com/au/apple-pay/). (3) Google Pay: Payments made through Google Pay are subject to Google’s terms and conditions and privacy policy. For more information, visit the Google Pay website (https://pay.google.com/intl/en_au/about/). By using these payment methods, you agree to their respective terms and conditions and privacy policies.

7.6. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).

Credit and Debit Card Payments 7.7. It is not necessary to have a payment provider account in order to make a purchase on this site. Our payment providers accept all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

Payment by EFT 7.8. If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

Payment Security 7.9. While our payment providers and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company. 7.10. The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Order Acceptance 7.11. Acceptance of each order will take place if and when the Company; (1) in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Company, and title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place; (2) in the case of digital items, either; (a) send the requested items to you, at the time at which the items are sent by the Company; or (b) notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company; any title to, and risk in, the items will pass from the Company to you at that time; or (3) in the case of services, either: (a) provide the services to you, at the time at which the Company commences providing the services; or (b) notifies you in writing that you order has been accepted, at the time at which such notification is sent by the Company.

7.12. We reserve the right to refuse or cancel any order for any reason, including, but not limited to, product availability, errors in product or pricing information, or issues identified by our fraud detection process. Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to limit the quantity of items purchased per person, per household, or per order.

7.13. Lucky Breaks Club managers, directors, employees and their respective immediate family members (i.e, spouces, parents, domestic partners, siblings and children) or any other person residing in the same household as the Lucky Breaks Club manager or director WILL NOT be able to win any offered giveaway.

8. Shipping and Delivery Shipping Costs 8.1. Shipping costs are calculated based on the delivery location, the weight, size, and dimensions of the purchased items, as well as the selected shipping method. These costs will be clearly displayed and itemized during the checkout process before you finalize your purchase. Please note that additional fees may apply for expedited shipping, international deliveries, or special handling requests.

Free Shipping 8.2. Complimentary shipping is available for merchandise purchases totalling AUD $100 or more. This offer applies to standard shipping only and does not include expedited shipping, international deliveries, or special handling requests.

Delivery Times 8.3. While we strive to provide accurate estimated delivery times, these estimates are subject to variation and are not guaranteed. Delivery times depend on several factors, including the shipping carrier's schedule, the destination's distance from our distribution centre, and any unforeseen circumstances such as weather delays, customs processing, or logistical challenges. We are not responsible for delays caused by shipping carriers, and we advise you to track your order using the tracking information provided once your items have been dispatched.

9. Refunds and Cancellations

Refunds and Non-Refundable Payments 9.1. Except as required under Australian Consumer Law or explicitly stated otherwise in these Terms, all payments made through this site are non-refundable. Refunds will only be provided in circumstances where they are mandated by Australian Consumer Law, such as in cases of major defects of products or services. Refunds will be issued in the following circumstances: (1) Clothing Items: We will provide a refund for clothing items that meet the return criteria below: i. The clothing item is returned due to size issues; or ii. The customer has changed their mind about the purchase.

(2) Eligibility: To be eligible for a refund, the following conditions must be met: (a) All original tags and labels must remain attached to the clothing; and (b) The item must be returned with a tracking number, and the cost of return shipping is the responsibility of the customer.

9.2. Refunds will be processed once the returned item is received confirmed to meet the above criteria. Please allow 14 business days for the processing of refunds from the date the returned item is confirmed.

Refunds for Cancelled Deals 9.3. If a deal is cancelled due to not meeting the minimum sales or other reasons beyond your control, you may receive a full refund to your original payment method at our sole discretion. Refunds will be processed promptly, and you'll be notified by email once initiated.

Voucher Refunds 9.4. Vouchers that have been fully or partially redeemed are non-refundable. Once used, no refunds, exchanges, or credits will be provided. Please confirm your purchase before redeeming.

Remedies Limited 9.5. Our liability for breaches of non-excludable conditions is limited to the following remedies, at our discretion: i. Goods: Replacement, repair, or payment for the cost of replacement or repair. ii. Services: Re-supply of services or payment for the cost of re-supply.

9.6. Our Referral Program: To qualify for the 2 additional entries for referring someone, you must be an active paying member. These extra entries will only apply if your membership payments are up to date. If you stop paying for your membership, you will not be eligible for the draw and the extra entries will no longer count.

10. Consumer Rights Guarantees and Major Failures 10.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. If the goods fail to be of acceptable quality and the failure does not amount to a major failure, you are also entitled to have the goods repaired or replaced.

10.2. A product or good has a major failure when: (1) It has a problem that would have stopped someone from buying it if they had known about it; (2) It is significantly different from the sample or description provided; (3) It is substantially unfit for its common purpose and cannot easily be fixed within a reasonable time; (4) It does not perform as requested and cannot easily be fixed within a reasonable time; or (5) It is unsafe.

10.3. Vouchers and Promotions (1) Vouchers are protected under Australian Consumer Law. (2) Any misleading or deception conduct related to the promotions of deals will be subject to the provisions of the ACL.

11. Intellectual Property 11.1. All proprietary content on our website is owned by or licensed to us. Any unauthorised use is prohibited. In these Website Terms and Conditions, the term “Proprietary Consent” means: (1) this site; (2) all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and (3) all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

12. Third-Party Content, Dealings, and Websites 12.1. This site may include an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as an agent for any such third parties and take no responsibility and assume no liability for: i. Any such content that is or may reasonably be considered to be abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically, or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful, or plagiarized; ii. Any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files, or any other material); and/or iii. Any loss or damage that results from any dealings that you may have with such third parties.

12.2. We do not recommend or endorse any third-party goods or services that are listed, advertised, or referred to in this site or the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within this site, or third-party advertisements, and we do not make any representations or provide any guarantees or warranties regarding their content or accuracy. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.

13. Limitation of Liability Disclaimer of Warranties 13.1. This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that: (1) the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (2) this site will meet your requirements or expectations; (3) anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date; (4) the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations; (5) errors or defects will be corrected; or (6) this site or the servers that make it available are free of viruses or other harmful components.

13.2. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms and Conditions or the use of this site by you or any other person.

13.3. Our liability for any claim related to your use of the site or products is limited to the amount paid by you for the relevant product or service.

14. Force Majeure To the maximum extent permitted by law and without limiting any other provision of these Website Terms and Conditions, the Company excludes liability for any delay in performing any of its obligations under these Website Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

15. Release You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

16. Interpretation In these Website Terms of Use, the following rules of interpretation apply: i. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use; ii. these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them; iii. the singular includes the plural and vice-versa; iv. a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and v. the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

17. Costs Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

18. Assignment You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person. The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

19. No Waiver Waiver of any power or right under these Website Terms and Conditions must be in writing, signed by the party entitled to the benefit of that power or right, and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

20. Severability The provisions of these Website Terms and Conditions are severable, and if any provision of these Website Terms and Conditions is held to be illegal, invalid, or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

21. Variation The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site. You may only vary or amend these Website Terms of Use by written agreement with the Company.

22. Governing Law These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

23. Contact Information For any inquires or concerns about these Terms of your order, please contact us at [email protected].