Membership Terms & Conditions
Introduction
- By using this website (located at https://grailflex.com/), any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including making a purchase on the Sites, purchasing a Membership from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
- By agreeing to these Terms, you are entering into an agreement with TAWK Collective (ACN XXXXXXXXXXXX), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) and agree to comply with any and all applicable laws and regulations, whether domestic or international.
- By accessing or using our Services, you warrant and represent to us that:
you have read, understand and agree to be bound by these Terms;
you are over the age of 18 years old; and
you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
- All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
Subscriptions and One-Time Packages
- We offer membership packages in the form of a subscription or a one-time membership package, where you will receive access to various discount codes and/or invitations to a variety of events, plus free entry into our giveaway(s) as set out in this clause (Membership).
- If you wish to purchase a subscription for membership for continual monthly access to our discounts, rewards and benefits on offer you may sign up for a subscription by selecting the Membership tier of membership (Membership Tier) and paying the purchase price at checkout (Subscription). The Subscription packages available may be amended from time to time on our Membership Page.
- We also offer one-off packages which operate as one-time short-term memberships with LIVE LAUGH LUXE (One-Time Package) for a specified period of time (Access Period). For the avoidance of doubt, the One-Time Packages are not on-going and are solely a one-off purchase for access to special offers (i.e. discounts, rewards and benefits) for the specific Access Period. The One- Time Package will not automatically renew.
- To access and use your Subscription or One-Time Package, you will need to register for an account with Flex Club by completing your details at checkout from the Membership Page.
- The fees for your Subscription will be as selected by you, depending on the Membership Tier at checkout, and once purchased the fees will be as specified on your Account Dashboard, plus any applicable taxes or duties (Fees).
- Your Subscription will commence once you have paid the Fees and continue for the Subscription Period, subject to you paying the Fees for your relevant Membership Tier.
- Each Membership Tier or Subscription provides you with access to specific inclusions as set out on the Membership page. If you reach the limit of such inclusions, you will be prompted to upgrade your Membership Tier in order to obtain additional inclusions. If you select to upgrade your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of such upgrade.
- The Memberships may be amended from time to time on our Membership Page and you agree that we may update the Membership Tier packages at any time by updating the Membership Page and that any changes will apply to Memberships purchased, renewed or extended after the date of the publication of the new Membership details. If you do not agree to the updated terms you must notify us before the end of your current billing cycle and your Membership will be terminated. It is your responsibility to check the Membership Page before the end of your Subscription Period.
- If you selected a specific Membership Tier and you upgrade to, or purchase, another Membership of a higher Membership Tier before the expiry of your current Membership, then we will extend the expiry date of your then current Membership to that of the newer or higher Membership you purchased.
- By paying the purchase price of the selected One-Time Package at checkout, you will have access to all the benefits of your chosen package for the duration of the Access Period.
- If you selected a One-Time Package and you either upgrade to a Subscription or purchase another One-Time Package before the expiry of your current package then we will extend the expiry date of your then current One-Time Package or it will roll into a Subscription.
- You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.
Pricing
- Flex Club reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscription are subject to change in our sole discretion provided that if you have signed up to a Subscription, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.
- If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription with immediate effect (provide notice is received within the 10 days' notice of the price increase) or continue the Subscription at the increased price.
- Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
- You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on anygoodsorservicesacquiredororderedbyyouintheServices. Whereapplicable,youmust pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
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Cancellation
- You may cancel your Subscription at any time, at least two (2) business days’ prior to your next Renewal Date, on the Account Settings page.
- If you cancel your Subscription, your Subscription benefits will continue until the end of your then- current Subscription Term, but your Subscription will not be renewed after that term expires. Except in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription Fees paid for the then-current Subscription Term.
- Flex Club provides remedies (such as cancellation of your Subscription, a renewal of your Subscription or where necessary, a refund of amounts paid) if the Subscription is not provided in accordance with the Australian Consumer Law.