Website Terms & Conditions

Welcome to https://www.familyaction.com  (our Site), which is owned and operated by Family Action Pty Ltd ACN 613 912 191 ATF The Family Action Trust (Family Action, us, we, our).

This Site gives you an opportunity to browse and purchase family friendly entertainment deals (Deals) through our Family Action community.

These Terms and Conditions (Terms) govern your use of this Site and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully. Please contact Family Action at admin@familyaction.com.au if you have any questions before using the Site.

By purchasing a Deal, you warrant that you are over 18 years of age.

ACCEPTANCE OF THE TERMS

1.              By visiting this Site and/or purchasing Deals offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2.              We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes.

LEGAL RELATIONSHIPS

3.              The promotion of Deals on the Site constitutes an invitation to treat only, not an offer to sell.

4.              Whatever Deal you purchase via the Site will be subject to the terms and conditions of the third party provider of the goods or services the subject of the Deal (Merchant), which will be set out on the Deal voucher emailed to you following your purchase of the Deal.

5.              Your contract of sale will be with the Merchant. As such, Family Action it is not responsible for and disclaims any and all liability related to the Deals to the maximum extent permitted by law.

6.              The Merchant is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the Deal.

REGISTERING YOUR DETAILS, PRIVACY AND THE DEALS

7.                In order to purchase Deals, you will be required to register an account by (Account) and provide details such as your name, email address, telephone number, physical address, payment details, and other personal information (Registration Details).

8.                You must provide accurate, complete and up-to-date Registration Details, and it is your responsibility to inform us of any changes to your Registration Details. 

9.                To the extent that you provide personal information to us as part of your Registration Details, in the course of delivery of the Deals, or otherwise in your use of the Site, Family Action will treat such information strictly in accordance with its Privacy Policy .

10.              When you register an Account, you acknowledge and agree that:

                       a.    You are solely responsible for the protection and confidentiality of your details, including any password or user identification that may be issued to or subscribed for by you (Password);

                       b.    You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

                       c.    You will immediately take the steps necessary to update your Password if it is lost or becomes known to any other person; and

11.              To the extent that you provide personal information to us as part of your Registration Details, in the course of delivery of the Deals, or otherwise in your use of the Site, Family Action will treat such information strictly in accordance with its Privacy Policy [insert hyperlink].

12.              Your Account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

13.              Family Action reserves the right to, in its sole discretion, suspend or terminate your access to all or any part of the Site, including if Family Action believes that you are abusing the Site in any way or have breached these Terms.

DISCLAIMER

14.             Information about Deals on this Site is based on material provided by Merchants. Except as required by law, including the Australian Consumer Law, Family Action cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by the Merchants.

15.             For some Deals, photographic depictions are created or chosen by Family Action for promotional purposes and may not be an exact representation of the products and services advertised in the Deal information.

16.             You agree to make your own enquiries to verify Deal information and to assess the suitability of the Deal before your purchase it.

PURCHASING DEALS

17.             Deals are only confirmed once payment is received in full. Such confirmation will be notified to you by way of a Deal voucher in an email to your registered email account. If payment is not received or declined by your bank, Family Action cannot ‘hold’ vouchers for Deals on your behalf.

18.             Family Action or the Merchant may reject your order for a Deal in circumstances including, but not limited to, where there has been an error in the Deal information or description on the Site.

19.             You must review your Deal order carefully before placing it. Once an order is confirmed, you may be unable to cancel or change it. Please note that change of mind refunds are given at our absolute discretion. As a general rule, Family Action will not change or replace your order where you have made an error.

PAYMENT FOR DEALS

20.             The price of Deals are in Australian Dollars ($AUD) and are current at the time of display, but may be subject to change.

21.             Payments for Deals are automated and managed via Stripe Connect hosted by Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe). Please refer to Stripes Terms and Conditions available at www.stripe.com/au/legal.

DEAL BOOKINGS AND CANCELLATIONS

22.             All Deals are subject to availability. Family Action recommends booking as soon as the Deal becomes valid. Family Action makes no guarantees that the goods or services the subject of the Deal will be available at your preferred date and time.

23.             Bookings for the redemption of goods and services in exchange for the supply of Deal vouchers are made subject to any Merchant terms and conditions. If you cancel you booking, your Deal voucher may be void, or you may incur a cancellation fee payable to the Merchant.

24.             Merchants reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law, including Australian Consumer Laws, Family Action will not be held liable for such events and will not reimburse you for any travel, accommodation or other expenses incurred by you or any other person.

REFUNDS OR COMPLAINTS

25.            Any request for a refund needs to be made with the Merchant directly. If your complaints cannot be resolved with the Merchant, Family Action will provide you with a remedy in accordance with these Terms and the Australian Consumer Laws.

26.            You will be entitled to a refund or rebooking remedy (in accordance with your statutory rights) when:

                       a.    The Merchant fails or cannot provide the goods or services within the validity period

                       b.    The goods or services supplied by the Merchant are not reasonably fit for purpose, not of acceptable quality, or the goods or services are materially different to those advertised on the Site;

                       c.    The goods or services are not provided within a reasonable time; or

                       d.    Family Action has chosen to withdraw the Deal.

INTELLECTUAL PROPERTY

27.            Family Action reserves all intellectual property rights, including but not limited to copyright in content on this Site. Content displayed on or via the Site is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

28.            Nothing in these Terms constitutes a transfer of intellectual property rights, and specifically does not give you a right to use any of our trade marks, marketing material, logo or other distinctive brand features.

29.            Merchant trade marks displayed on our Site are used with the Merchant’s permission and remain the Merchant’s intellectual property.

30.            You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site.

LIABILITY

31.            The disclaimers and liability limitations within these Terms do not exclude rights that by law may not be excluded.

32.            Family Action does not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Site.

33.            You agree that Family Action will not be liable for any loss or damage which it incurs as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site including hyperlink to or from third party websites.

INDEMNITY

34.            You agree to fully indemnify Family Action and its directors, officers, employees and agents from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by it as a consequence of your breach of these Terms.

ACCESS TO THE SITE

35.            While Family Action will use reasonable endeavours to ensure that the Site is available continuously, it does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

LINKS

36.            Our Site may contain links to websites not owned or operated by Family Action. Family Action does not accept liability for the availability or content of these websites.

GST

37.            GST means the Australian goods and Deals tax charged under A New Tax System (Goods and Deals Tax) Act 1999.

38.            Unless stated otherwise, charges referred to for any Deals supplied (or offered for supply) via the Site are to stated inclusive of GST.

GENERAL

39.            If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

40.            If Family Action doesn’t enforce any particular provision, Family Action is not waiving its right to do so later. If a court strikes down any of these terms, the remaining terms will survive. Family Action may automatically assign this agreement at its sole discretion.

41.            These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises under the Terms.

42.            You may not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.