http://www.whypayfullprice.com.au/deal/index/howitworksStill some draws to be entered into!
(excl ACT)TERMS AND CONDITIONS(there are further T&C's on website in relation to the actual website and its functions)
Subject to the disclaimer below, neither we nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a Voucher, a Deal and/or the goods and services that are the subject of a Deal.
Disclaimer
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Voucher Specific Terms or other term or condition relating to a Voucher (as specified in these terms and conditions) or a Merchant's standard terms and conditions and policies.
Entries
Incomplete entries or entries not properly completed or received after the close of entry will not be considered.
The judge's decision about anything to do with the Promotion/Competition is final and binding. No correspondence will be entered into about that.
Entry is open to all Australian residents except employees of Magnus, their families and all entities associated with this completion.
The Promotion/Competition starts and ends on the times and dates mentioned below.
The draw will take place at Magnus, Block C, Unit 391 Park Road Regents Park NSW 2143 at the times and dates mentioned below. Times are in AEST and AEDST
Draw
January 2011
Open
Close
Draw
Midnight
Thursday
16/12/2010
Midnight
Monday
31/1/2011
Midday
Monday
28/2/2011
Draw
February 2011
Open
Close
Draw
Midnight
Tuesday
1/2/2011
Midnight
Monday
28/2/2011
Midday
Thursday
31/3/2011
Draw
March 2011
Open
Close
Draw
Midnight
Tuesday
1/3/2011
Midnight
Thursday
5/5/2011
Midday
Monday
6/6/2011
You can enter the Promotion/Competition by completing the online form and registering you name and email address on
www.whypayfullprice.com.au/dealMultiple entries are permitted
The winners of the Promotion/Competition will be determined by the first (5) valid entries randomly drawn by Magnus in each entry period.
The first 5(5) valid entries drawn in each entry period will win $1,000 cash.
Total prize pool for each individual prize is valued at $5,000 inc GST.
All prizes must be accepted as offered.
No prize or any part of it can be exchanged or transferred. If part of the prize is awarded to the winner as a voucher, ticket or pass, then acceptance of the prize is subject to the terms and conditions set out on the voucher, ticket or pass.
If your entry is selected as a winning entry then Magnus may verify that entry in its absolute discretion. If your entry is verified to be a winning entry, you will be notified.. You must sign any legal documents requested by Magnus about or relating to verification.
Magnus may, at any time, before or after the closing of entries, verify them, and disqualify you if you tamper with the entry process or use any techniques which in any way, are designed to avoid payments of call costs. You are not permitted to use any automated entry software or any other mechanical or electronic means that allows you to make multiple entries. They will not be accepted.
Magnus may conduct further draws at the same time and place, at midday AEST on 5th April 2011 and distribute any prize that remains unclaimed by that date to the winner, subject to any relevant State and Territory laws. Redraw winners will be notified in writing and their names will be published in the Public Notices section of the Australian newspaper on 15th April 2011. Prize winners will be notified within two business days after the end of the prize draw by telephone and email, using information given in your entry. Winners' names will also be published in the Australian on 15th Feb 2011, 15th March 2011 and 7th April 2011.
If this completion in the opinion of Magnus is delayed or cannot proceed because of anything beyond its control, it may within its absolute discretion, cancel, terminate, modify or suspend the Promotion/Competition. This clause does not apply if the State Lottery Department gives a written direction to the contrary.
Disclaimer
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
* It is recommended that prize winners seek independent financial advice prior to accepting their prize, in particular advice relating to tax implications that may rise from the prize or winnings.
* Magnus will not be held liable for any lost, stolen, forged, damaged or tampered voucher/tickets/passes.
* Magnus holds no responsibility for misdirected, lost or late mail which includes but is not limited to prizes.
* Any damage to a prize during transit for its delivery will not be Magnus' responsibility and Magnus will not be held liable for this damage.
* You must assume all responsibility in ensuring all care is undertaken in submitting correct details for the online form. Should an error occur, Magnus accepts no responsibility for any consequences. This includes, but is not limited to costs incurred as a result of the error.
Magnus is not liable for incorrect or inaccurate information which results from a technical error such as that from any equipment or programming which is associated with or utilised in this Promotion/Competition. This includes any combination of error which may result during the course of the administration of this Promotion/Competition. These include but are not limited to omissions, delays, interruptions and defects in operation or transmission, failure of communication (e.g. through a telephone, mobile or satellite network) or any unauthorized access to or alteration of entries and its consequences.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Specific warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
* adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
* commercialise any information, products or services obtained from any part of this web site;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
* in or as the whole or part of your own trade marks;
* in connection with activities, products or services which are not ours;
* in a manner which may be confusing, misleading or deceptive;
* in a manner that disparages us or our information, products or services (including this web site).
Restricted use
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
Linked web sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Privacy policy
We undertake to comply with the terms of our privacy policy which is annexed to these Terms and Conditions.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Privacy policy
We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:
* to send news, information about our activities and general Promotional material which we believe may be useful to you;
* to monitor who is accessing the web site or using services offered on the web site; and
* to profile the type of people accessing the web site.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
* we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
* we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
* we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
We consider it is the responsibility of parents to monitor their children's use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any Promotional material to persons in that category.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.
If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on
customerservice@whypayfullprice.com.auContact and Authority
You can contact Magnus by mail. Block C, Unit 1, 391 Park Road Regents Park NSW 2143 or online at
customerservice@whypayfullprice.com.auAuthorised under NSW permit number: LTPM/10/00962.
Not valid in ACT.
Authorised under SA permit number: T10/2913.
