MEMBER TERMS AND CONDITIONS

Effective date: August 1st, 2023

The Good Friend (“us”, “we”, or “our”) operates the https://thegoodfriend.com.au website (“the Site”).

This page informs you of our Terms & Conditions regarding Membership to our site.

1. 1. These terms and conditions (Terms and Conditions) apply when you visit or use an app,
      social media site, online account or website (the Site) owned and operated by or on behalf of The Good Friend Australia Pty Ltd (The Good Friend).
   2. If you do not agree to these Terms and Conditions, you may not use the Site.
   3. Your use of the Site is governed by and subject to these Terms and Conditions and any additional Terms and Conditions posted on the Site from time to time. Should any term within these Terms and Conditions conflict with the additional Terms and Conditions of the Site, the Site Terms will prevail to the extent of any inconsistency.
   4. By purchasing a membership with The Good Friend (Membership) and continuing to use the Site, you indicate your consent and agreement to these Terms and Conditions.

THE SERVICE:

1. The Good Friend Site is a membership platform that offers its members discounts (Member Discounts) with participating partners across Australia (Service).
2. Members can access the Member Discounts in accordance with their Membership tier.
3. The Good Friend also offers promotions to its Members (Promotion). The Promotions run each calendar month (Promotion Period). For Promotion terms and conditions, please visit https://thegoodfriend.com.au/terms-conditions-promotions.
4. The Good Friend reserves the right to modify, suspend or discontinue the Service or any part of the Service, in its sole discretion and without notice, at any time.
5. Membership of The Good Friend is open to Australian residents only aged 18 years and over.

6. Privacy Policy:

7. Our privacy policy, which sets out how we will use your information, can be found at https://thegoodfriend.com.au/privacy-policy/. By using the Site, you consent to the use of your information as described in the privacy policy and warrant that all data provided by you is accurate.
   

   Membership:

8. You agree that all information you provide to The Good Friend for the purpose of creating an account (Membership Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these Terms and Conditions and may result in the immediate termination of your Membership.
9. You agree to:
10. a. Ensure your Membership Information is and remains true, accurate, current, and complete;
    b. Maintain the confidentiality of your Membership Account password.
11. In creating a Membership Account, you shall not:
12. a. select or use the email address or username of another person with the intent to impersonate that person;
    b. use a name subject to the rights of any other person without authorisation;
    c. use an email address or username that is profane, offensive, or otherwise inappropriate;
    or
    d. allow any other party to use your Membership Account and/or password except as permitted by these Terms and Conditions.
13. You may not share or transfer any Membership Account.
14. You agree to immediately notify The Good Friend by sending an email to info@thegoodfriend.com.au of any known or suspected unauthorised use(s) of your Membership Account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password.
15. You understand and agree that you shall be liable for all activities that occur under any Membership Account created for your use, even if such activities were not committed or authorised by you.
16. The Good Friend is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

17. MEMBERSHIP TIERS:

18. The following tiers of Membership are available:
19. a. Good Friend – $19.99 per month;
    b. Fun Friend – $49.99 per month;
    c. Best Friend – $99.99 per month. (collectively the Membership Tiers). 
    

    LOYALTY BONUS:

20. Members will receive bonus entries to the Promotion for each month of continuing valid
    Membership is as follows:
21. i. Good Friend – three (3) bonus entries;
    ii. Fun Friend  – nine (9) bonus entries;
    iii. Best Friend – twenty five (25) bonus entries. (collectively the Bonus Membership Entries).
22. The Bonus Membership Entries accrue with each month of valid Membership, in accordance with the Membership tier.
23. Members may upgrade or downgrade their Membership Tier (Membership Variation) at any time.
24. Membership Variations will take effect on the first day of the next Promotion Period.

25. MEMBERSHIP FEES:

26. Membership fees (Membership Fees) will be deducted by direct debit on the first day of each calendar month from the Member’s nominated account.
27. Membership Fees are non-refundable.

28. TERMINATION:

29. You understand and agree that you have no ownership rights in your Membership Account and The Good Friend may cease the Service at any time.
30. The Good Friend may cancel your Membership Account, delete all of your Membership Information and any other information you have provided through the Site (Member Content) associated with your Membership Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these Terms and Conditions. The Good Friend will not be liable for any damages or loss resulting from the removal of any Member Content from the Site and/or the Service.
31. You may terminate your Membership Account at any time by accessing your Member profile on the Site.
32. Any accrued Membership Entries will be forfeited upon termination of your Membership.

33. CONDUCT:

34. You must not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
35. You agree to comply with all applicable laws, regulations, codes of conduct, and any guidelines we may publish that govern your use of the Site and Service.
36. In particular, you will not:
37. a. commit or encourage a criminal offence;
    b. transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    c. hack into any aspect of the Site or Service; corrupt data; cause annoyance to other Site Members;
    d. infringe upon the rights of any other person’s proprietary rights;
    e. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
    f. attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.
38. The Good Friend retains the right at all times to monitor the Site and retain or disclose any information as necessary to satisfy any applicable law, regulation, code of conduct, legal process or governmental request.

39. PARTNER PRODUCTS AND DISCOUNTS:

40. The Good Friend may publish information regarding, and links to, Partner discounts, services and products on the Site as part of the Services. The information and links are provided solely for the benefit of Members and The Good Friend makes no representations or warranties regarding any Partner information, products, services or discounts and takes no responsibility and assumes no liability for any Partner information, products, services or discounts. Partner information, products, services and discounts are subject to the applicable terms and policies of the third parties that offer them.

41. PARTNER SITES:

42. The Good Friend may publish links to websites operated by Partner businesses (Partner Sites).
43. The Good Friend provides these links to Partner Sites as a convenience, and use of the Partner Sites is at your own risk.

44. INTELLECTUAL PROPERTY:

45. For the purposes of this clause intellectual property means the content of the Site including, but not limited to, The Good Friend trademark and logo, code, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content (Intellectual Property).
46. The Intellectual Property rights in all software and content of the Site remain the property of The Good Friend or its licensors and are protected by copyright law. All such rights are reserved by The Good Friend and its licensors.
47. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site nor may you use any such content in connection with any business or commercial enterprise.
48. You agree that nothing in these Terms and Conditions transfers or grants any right, title or interest in or to any Intellectual Property. The Site nor any Intellectual Property may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of The Good Friend.

49. DISCLAIMER:

50. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
51. To the fullest extent permitted by law, The Good Friend hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site or the Partner Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
52. This does not affect The Good Friend’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability that cannot be excluded or limited under applicable law.
53. The Good Friend will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Partner Sites.
54. To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
55. a. in the case of services supplied or offered by us:
    i. the re-supply of those services; or
    ii. the payment of the cost of having those services re-supplied; and
    b. in the case of goods supplied or offered by us:
    i. the replacement of the goods or the supply of equivalent goods; or
    ii. the repair of the goods;
    iii. the payment of the cost of having the goods replaced; or
    iv. the payment of the cost of having the goods repaired.
56. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:
57. a. the use of or access to, or any inability to use or access, the Site or any material on the Site;
    b. unauthorised access to or alterations of your transmissions or data;
    c. statements or conduct of any third party on the Site; or
    d. any goods purchased through the Site.
58. Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on the Site are in no way associated, linked or affiliated with The Good Friend and you should not rely on the existence of such a connection or affiliation.
59. Any trademarks/names featured on the Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Good Friend.

60. MEMBER’S WARRANTY:

61. You represent and warrant that you will not contact any affiliate, employee, sponsor or Partner of The Good Friend in order to manipulate the Promotion results.

62. INDEMNITY:

63. You agree to indemnify, defend and hold harmless The Good Friend, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Site and/or your breach of these Terms and Conditions

64. SEVERANCE

65. If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.

66. WAIVER:

67. Any failure or delay by The Good Friend in exercising or enforcing any right in these Terms and Conditions does not waive its right to enforce that righ(collectively the Membership Tiers).