Terms & Conditions

1.Introduction
The secretsociety.com.au Web site ("Site") and service ("Service") is operated under license by Secret Society Pty Ltd A.C.N. 114 292 232 (referred to hereafter as "Secret Society").

2. General Disclaimer
Material and content published on the Forum area of this site represents the views and opinions of participating members of the general public. Due to the unsolicited and unauthenticated nature of the Forum methodology, Secret Society does not warrant that the results will represent the opinions held by the wider community.

AS SUCH, ALL CONTENT AND INFORMATION ARE PRESENTED FOR ENTERTAINMENT PURPOSES ONLY.

Secret Society does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, views, opinions, or statements posted in Polls, bulletin boards, forums or otherwise contained in the Service.

The information on this site is not intended to be, nor should it solely be relied upon as a substitute for formal business research, academic or personal research.

3.Acceptance of Terms
Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms and Conditions' ("TAC").

BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TAC. If you do not agree to our TAC, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site.

This Site is provided for the personal enjoyment of Members subject to these TAC and all modifications thereto, and any other rules or guidelines, including any game or sweepstakes rules that may be published from time to time by SECRET SOCIETY on this Site. SECRET SOCIETY reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms and Conditions periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.

4. Description of Service
The Service is provided to you at no charge, however you must: (1) pay all costs, including equipment and access charges associated with accessing the Internet; (2) pay all costs, including equipment and access charges associated with your mobile telephone service; and (3) comply with the TAC. Members agree to receive one weekly promotional email from SECRET SOCIETY and if they have so elected occasional promotional SMS messages.

5. Conditions of Membership
SECRET SOCIETY Members must agree to accept email promotions from SECRET SOCIETY. In addition, you may elect to receive SMS promotions.

SECRET SOCIETY reserves the right to send you email messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail.

As a condition of your membership you represent and warrant that:

  • You are at least 13 years of age;
  1. You are a permanent resident of Australia;
  2. All information supplied by you is complete, true and accurate.
  3. You understand and agree that if your account is terminated for your breach of this agreement, you will not receive future emails from SECRET SOCIETY. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of SECRET SOCIETY.
  4. You understand and agree that in addition to these TAC, each draw will be governed by the official terms of that draw as notified on the Site.
  5. You acknowledge that in order for us send emails; your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account.
  6. You must inform SECRET SOCIETY of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favor of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person.
  7. You will not send unsolicited email (SPAM) to strangers to promote the SECRET SOCIETY Service.
  8. You will not post or SMS materials that contain or encourage indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the SECRET SOCIETY site into disrepute.
  9. You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  10. You will not use the Service to send unsolicited or commercial messages. This means that you must only send personal messages and have the consent of the recipient before sending any message from the Site.
  11. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify SECRET SOCIETY.
  12. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with unlawful activity on the Site.

SECRET SOCIETY may reject any new member application from any person with or without cause at its sole discretion. SECRET SOCIETY reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TAC.

Employees of CYF P\L and their immediate families are ineligible to participate in the SECRET SOCIETY prize draws.

6. Third Party Promotions
As a part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by SECRET SOCIETY or its affiliates, directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that SECRET SOCIETY will not be held responsible or liable for any part of any such dealings or promotions.

7. Linked Sites
SECRET SOCIETY may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by SECRET SOCIETY in any way. SECRET SOCIETY is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply SECRET SOCIETY's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall SECRET SOCIETY be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. SECRET SOCIETY reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduces different features or links to different Members.

8. Privacy Policy
The information collected and used by this Site is governed by the SECRET SOCIETY Privacy Policy.

9.Disclaimer of Warranties
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, SECRET SOCIETY excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TAC and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TAC. However, SECRET SOCIETY's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation 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 acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.

10. Limitation of Liability
To the extent permitted by law, SECRET SOCIETY, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SECRET SOCIETY has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the service;
  • the use of, or reliance on any information published on the site;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services
  • purchased or obtained or messages received or transactions entered into through or from the service;
  • unauthorised access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the service; or
  • Any other matter relating to the service.

SECRET SOCIETY shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.

11. Indemnification
You indemnify SECRET SOCIETY, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.

12. Termination
You may terminate your membership with SECRET SOCIETY at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your SECRET SOCIETY Points and you will not be eligible to participate in any auction or prize draw from the date of termination.

If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect SECRET SOCIETY Points until we have re-validated your email address. Other than a notification on the Site, SECRET SOCIETY will not be responsible for notifying you that your account has been suspended.

SECRET SOCIETY reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

  • Your account has been suspended for more than 30 days
  • Failing to log in to the site for a period of more than 6 months
  • Your breach of this TAC
  • Any conduct by you that we believe is detrimental to the business interests or reputation of SECRET SOCIETY
  • Any action taken by you that harms or potentially harms SECRET SOCIETY or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.

If SECRET SOCIETY terminates your membership you will not be eligible to participate in a SECRET SOCIETY prize draws from the date of termination. Once your membership has been terminated by us you will be ineligible to re-enroll at any future date.

13. Intellectual Property
SECRET SOCIETY.co.nz, SECRET SOCIETY and SECRET SOCIETY.com.au are trademarks of PINCI PTY LTD A.C.N. 114 292 232. All contents of the service are Copyright © 2006 PINCI PTY LTD A.C.N. 114 292 232. The Service is operated under license by PINCI Pty Ltd A.C.N. 114 292 232. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SECRET SOCIETY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

14. Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.