WEBSITE TERMS AND CONDITIONS OF USE

Last updated: 25/06/2025

About the Website

Welcome to FTW Perks (the Website). The Website provides members with access to giveaways, exclusive discounts, perks, and promotional offers available throughoutAustralia (the Services).

The Website is operated by FTW Perks PTY LTD (ACN 686 929 573) (ABN 62686929573). Access to and use of the Website, or any of its associated Services, is subject to these terms and conditions (Terms), our Privacy Policy, and where applicable, our MembershipTerms and Giveaway Terms. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

FTW Perks PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FTW Perks PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, were commend you keep a copy of the Terms for your records.

You agree that FTW Perks PTY LTD may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, databases, Membership access, Giveaway functionality, or content. FTW Perks PTY LTD shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services.

Acceptance of the Terms

YYou accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FTW Perks PTY LTD in the user interface.
By using the Website or any of its associated products or Services, you agree to these Terms, the policies they reference (including the Privacy Policy), and any additional terms and conditions applicable to specific Services you access—such as the Membership Terms and Giveaway Terms. Participation in any FTW Perks giveaway constitutes acceptance of the Giveaway Terms, which form part of this agreement.

Subscription to Use the Services

In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).

In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

Once you have purchased the Subscription, you will then be required to register for an account through the Website in order to access and manage your Membership benefits (Account).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address

  • Full name

  • Preferred username

  • Telephone number

  • Password

  • Payment details (processed securely via Stripe)

You warrant that any information you give to FTW Perks PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of theWebsite (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with FTW Perks PTY LTD; or

  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your Obligations as a Member

As a Member, you agree to comply with the following:

  • you will use the Services only for purposes that are permitted by:

    • these Terms; and

    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  • You are solely responsible for maintaining the confidentiality of your login credentials, including your email address and password. Any unauthorised use of your password may result in immediate suspension or cancellation of yourMembership.

  • You agree to immediately notify FTW Perks PTY LTD of any unauthorised use of your Account, password, or any other breach of security of which you become aware

  • Access to and use of the Website is limited, non-exclusive, non-transferable, and intended solely for your personal use in connection with the Services provided by FTW Perks PTY LTD.

  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of FTW Perks PTY LTD;

  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by FTW Perks PTY LTD for any illegal or unauthorised use of the Website; and

  • You acknowledge and agree that the use of bots, scripts, or any automated systems to access, interact with, or attempt to gain advantage through the Website or itsServices is strictly prohibited.

Payment

All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of theServices, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

You agree and acknowledge that FTW Perks PTY LTD may vary the Subscription Fee at any time, with such changes taking effect at the end of your current Subscription Period.

You acknowledge and agree that FTW Perks PTY LTD may, at its sole discretion and without prior notice, suspend or terminate your access to the Website and Services if you breach these Terms or engage in conduct that FTW Perks PTY LTD determines to be unlawful or damaging to its reputation, its affiliates, or any third party.

Refund Policy

FTW Perks PTY LTD will only provide you with a refund of the Subscription Fee if it is unable to continue providing the Services, or if the manager of FTW Perks PTY LTD determines, in its sole discretion, that it is reasonable to do so under the circumstances. Any refund issued will be for the unused portion of your current Subscription Period. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

The benefits outlined in these Terms are in addition to any rights and remedies you mayhave under the Australian Consumer Law.

Copyright and Intellectual Property

The Website, the Services and all of the related products of FTW Perks PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FTW Perks PTY LTD or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed byFTW Perks PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;

  • copy and store the Website and the material contained in the Website in your device's cache memory; and

  • print pages from the Website for your own personal and non-commercial use.

FTW Perks PTY LTD does not grant you any other rights whatsoever in relation to theWebsite or the Services. All other rights are expressly reserved by FTW Perks PTY LTD.

FTW Perks PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of FTW Perks PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way theServices or third party Services for any purpose, unless otherwise provided by theseTerms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by FTW Perks PTY LTD, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

You agree to indemnify and hold harmless from any claim or demand, including reasonableattorneys' fees, made by any third party due to or arising out of your breach of theseTerms, your violation of any law, or your violation of the rights of a third party.

Privacy

FTW Perks PTY LTD takes your privacy seriously. Any personal information you provide through your use of the Website and/or Services is subject to our Privacy Policy, available on the Website. By using the Website or becoming a Member, you consent to the collection, use, and disclosure of your personal information in accordance with that policy and applicable Australian privacy laws.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions that are not expressly set out in these Terms are excluded; and

  • FTW Perks PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or theseTerms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and theServices is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FTW Perks PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FTWPerks PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Services or any of the products of FTW Perks PTY LTD; and

  • the Services or operation in respect to links which are provided for your convenience.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney,Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

Limitation of Liability

To the fullest extent permitted by law, FTW Perks PTY LTD’s total aggregate liability arising from or in connection with these Terms or the Services—whether in contract, tort (including negligence), statute or otherwise—will be limited to the resupply of the Services or the cost of having the Services supplied again.

You expressly understand and agree that FTW Perks PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor ofFTW Perks PTY LTD. Competitors are not permitted to use, reproduce, or access any information, content, or materials available on the Website or through the Services for commercial purposes. If you access the Website or Services in breach of this clause, FTW Perks PTY LTD reserves the right to take legal action, including but not limited to seeking injunctive relief, damages, and an account of profits obtained through the unauthorised use.

Termination of Contract

The Terms will continue to apply until terminated by either you or by FTW Perks PTY LTD as set out below.

If you want to terminate the Terms, you may do so by:

  • providing FTW Perks PTY LTD with 0 days' notice of your intention to terminate; and

  • closing your accounts for all of the services which you use, where FTW Perks PTYLTD has made this option available to you.

Your notice should be sent, in writing, to FTW Perks PTY LTD via the 'Contact Us' link on our homepage.

FTW Perks PTY LTD may terminate these Terms and your access to the Services at anytime if:

  • you have breached, or are reasonably suspected of breaching, any provision of these Terms;

  • FTW Perks PTY LTD is required to do so by law;

  • the provision of the Services to you by FTW Perks PTY LTD is, in the opinion ofFTW Perks PTY LTD, no longer commercially viable.

Subject to local applicable laws, FTW Perks PTY LTD reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FTW Perks PTYLTD's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify FTW Perks PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

  • any breach of the Terms.

Dispute Resolution

Compulsory:

  • If a dispute arises out of or relates to the Terms, neither party may commence any Tribunalor Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

  • A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:

  • Within 28 days of receiving the Notice, the Parties must endeavour in good faith toresolve the Dispute expeditiously by negotiation or such other means upon whichthey may mutually agree;

  • If the Dispute is not resolved within 28 days, the Parties must either;

    • agree on a mediator or:

    • request that the Australian Mediation Association appoint a suitable mediator.

  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  • The mediation will be held in Sydney, Australia

Confidential

  • All communications concerning negotiations made by the Parties arising out of and inconnection with this dispute resolution clause are confidential and to the extent possible,must be treated as "without prejudice" negotiations for the purpose of applicable laws ofevidence.

Termination of Mediation:

  • If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and themediator must do so.

Venue and Jurisdiction

The Services offered by FTW Perks PTY LTD are intended to be viewed by residents of Australia.In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, not withstanding mandatory rules. The validity of this governing law clause is not contested. TheTerms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competentjurisdiction, that part shall be severed and the rest of the Terms shall remain in force.