Terms and Conditions for LXG AU
These Terms and Conditions (“Terms”) govern your access to and use of LXG AU (ABN: 25 669 603 874) (“LXG AU”, “we”, or “us”). These Terms apply to giveaways, your use of our website at lxg.net.au (the “Site”), the LXG AU Members platform made available through the Site (the “Software”), and the information, content, features, and services provided through the Site (collectively, the “Service”).
YOUR USE OF THE SITE AND/OR SERVICE, OR THE PURCHASE OF A MEMBERSHIP, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THEM, INCLUDING ANY MODIFICATIONS THAT LXG AU MAY MAKE FROM TIME TO TIME.
If you do not agree with these Terms, please refrain from using the Site or the Service.
LXG AU reserves the right to amend these Terms at any time by posting the amended Terms on the Site. Continued use of the Site and/or Service following such changes signifies your acceptance of the updated Terms. We may change, suspend, or discontinue any aspect of the Site or Service at any time, with or without notice and without liability.
1. Privacy Policy
By purchasing a membership, using our platform, or entering one of our giveaways, you represent that you have read and consented to our Privacy Policy in addition to these Terms. LXG AU may revise the Privacy Policy at any time, and the updated versions will be posted on the Site. If you disagree with any portion of the Privacy Policy, you must stop using the Site and/or Service immediately.
2. Services
The LXG AU Site is a membership rewards platform that offers members discounts at leading brands across Australia. Members access a dashboard where they can utilize discounts and manage payments based on their selected packages.
LXG AU reserves the right to modify, suspend, or discontinue any part of the Service in its sole discretion and at any time. Your use of the Site and/or Service will be subject to these Terms. We may impose limits on certain features or restrict your access to sections of the Site without notice or liability.
3. Support
LXG AU supports all registered and official Australian business partners. To become a registered partner, please visit lxg.com.au/partners.
4. Refunds, Returns, and Exchanges
By purchasing a membership or a one-time package, you are supporting LXG AU. It is important to note that memberships and one-time packages purchased during promotional periods or giveaways are non-refundable.
Under Australian Consumer Law, our goods and services come with guarantees that cannot be excluded. For major failures, you are entitled to:
- Cancel your service contract with us.
- Receive a refund for the unused portion or compensation for its reduced value.
For non-major failures, you are entitled to have the issue rectified within a reasonable time. If this is not addressed, you have the right to a refund or to cancel your service contract. Refunds cannot be issued for change of mind, failure to follow instructions, or misunderstanding.
5. Account Registration
To use certain parts of the Site and Service, you must register and create an account (“Account”). Eligibility is limited to individuals aged 18 or older.
As part of registration, you may need to provide your name, address, email, and to select a password. You agree that all information provided to LXG AU during registration will be true, accurate, and complete. Failure to provide correct information may result in the immediate termination of your Account.
You agree to:
- Keep your registration information up to date.
- Maintain the confidentiality of your password.
- Notify LXG AU immediately at support@lxgau.com.au of any unauthorized use of your Account or breach of security.
You may not share or transfer your Account or disclose your password to anyone. You will be responsible for all activities that occur under your Account. LXG AU is not liable for any loss ensuing from your failure to maintain password confidentiality.
Employees, directors, and their immediate family members may not participate in giveaways.
6. Termination of Account
You acknowledge that you have no ownership rights in your Account, and LXG AU may stop offering the Service at any time. LXG AU reserves the right to cancel your Account, delete your Registration Information, and any other information associated with your Account without notice for any reason, including violation of these Terms. LXG AU is not liable for any damages arising from removal of User Content.
To cancel your Account, log into your LXG AU web portal at www.lxgmembers.com, navigate to the membership section, and follow the prompts. All memberships are non-refundable, and recent payments are ineligible for refund. Cancellations take effect at the end of the current billing period.
7. Membership Packages
Customers can choose between a one-off package or a monthly loyalty membership to access the LXG AU platform. Detailed information about memberships can be found at lxgau.com/membership-terms-conditions.
8. Termination of Loyalty Membership
To cancel your loyalty membership, log into your LXG AU web portal, go to the Membership section, click the cancel button, and follow the prompts. Upon cancellation, you will receive a confirmation email, and future payments will cease. Cancellations forfeit accumulated entries for future promotional giveaways—there are no refunds on loyalty memberships. If a recent payment was made, please cancel your membership at the end of the billing cycle.
To unsubscribe from our mailing or text lists, use the provided links in those communications. Terminating your loyalty membership does not remove you from these lists.
If your account fails to pay, four automatic billing attempts will be made every five days during a 20-day grace period. If payment fails on the fourth attempt, your subscription will be terminated, and loyalty streaks will be lost.
If you cancel your subscription, note that reactivation is not permitted through Stripe, and history associated with that subscription will be lost. To continue your subscription, follow instructions in notification emails or log in to update your payment details.
If your account is cancelled, you may sync your last active history by creating a new subscription within 30 days of cancellation. Only the most recent active subscription will sync. Multiple cancellations will cause prior entry history to be excluded based on the cancellation date.
9. Use of Site and Service
You agree to use the Site and Service in accordance with applicable laws and regulations. You must not:
- Share material that infringes on intellectual property rights.
- Engage in denial of service attacks or other disruptive activities.
- Attempt unauthorized access to other users’ Accounts or computer systems.
You agree that you will not use the Site to develop, transmit, or store content that is:
- Defamatory, abusive, obscene, or hateful.
- Unauthorized commercial communication.
- Harassing or violating the privacy of others.
- False, misleading, or deceptive.
Your use of the Site is subject to laws related to copyright, ownership, and the use of intellectual property. You are solely responsible for violations of relevant laws and for any infringements caused by the content you transmit.
10. Third-Party Products and Services
LXG AU may offer third-party services, content, and products through the Site. These offerings are provided solely for the benefit of our paid members. LXG AU makes no warranties or representations regarding third-party products and assumes no liability for them. Such offerings are subject to their own terms and conditions.
11. Hyperlinks
The Site may contain links to other websites. LXG AU provides these links for your convenience but is not responsible for the content or practices of those sites. Use of these links is at your own risk. You may not create a link to the Site on another website without our prior written consent and must adhere to the following linking policies:
- Do not damage or dilute LXG AU’s goodwill.
- Ensure links create no false affiliation with LXG AU.
- Display the Site in full-screen and not framed within another site.
12. LXG AU Intellectual Property
All interfaces, content, and arrangements on the Site are the property of LXG AU, protected under Australian and international laws. You do not obtain any rights to use or copy any material from the Site without our written consent. You agree not to display or utilize any LXG AU intellectual property inappropriately.
13. Representation and Warranties of Participants
Participants represent and warrant that they will not contact any affiliate or employee of LXG AU to manipulate the contest results.
14. Giveaway Disclaimers
By entering the giveaways or becoming an LXG AU member, you agree to the following:
- Any disputes will be resolved individually, without class actions.
- Claims are limited to out-of-pocket costs incurred and LXG AU is not responsible for legal fees.
- Participants waive the right to claim punitive or consequential damages.
LXG AU is not liable for any damages resulting from website access or technical malfunctions. We reserve the right to disqualify participants for any tampering or abuse of the contest.
15. Affiliate Program Terms and Conditions
1. Introduction
This Affiliate Program Terms and Conditions Agreement (“Agreement”) is entered into by LXG AU and the undersigned affiliate (“Affiliate” or “You”). This Agreement governs your participation in the Affiliate Program, where you promote our membership services in exchange for compensation.
2. Affiliate Obligations and Conduct
You agree to promote LXG AU’s services ethically and in compliance with applicable laws and regulations. You must accurately represent the Company and its services in all promotional materials.
3. Tracking and Compensation
3.1 Tracking Mechanism
LXG AU will provide tracking links to monitor your performance and compensation based on active sign-ups attributed to your efforts.
3.2 Compensation Structure
Compensation will be outlined in Schedule A attached hereto and will be based on active subscriptions resulting from your promotion.
3.3 Negative Growth Adjustment
A net decline in referred subscriptions for three consecutive months may result in termination of the Agreement, and compensation will not be granted during this period.
4. Intellectual Property
You are granted a non-exclusive right to use LXG AU’s trademarks and promotional materials solely for promotional purposes under this Agreement.
5. Non-Compete and Confidentiality
During the term of this Agreement and for a specified period after termination, you agree not to promote competing services and to keep all confidential information secure.
6. Governing Law and Jurisdiction
This Agreement is governed by Australian law. Any disputes will be exclusively handled by the courts of Australia.
7. Termination
Either party may terminate this Agreement with written notice. Upon termination, you must cease promotional activities and return any confidential information.
8. Amendment
This Agreement may only be amended in writing, signed by both parties.
9. Restrictive Covenant
To protect LXG AU’s goodwill, you agree not to solicit customers for a specified period post-termination, without prior written consent.
10. Confidential Information
You must keep all confidential information, received during this Agreement, private and not disclose it unless authorised.
11. Acceptance
By participating in the Affiliate Program, you agree to be bound by these Terms.
IN WITNESS WHEREOF, the Parties have executed this Affiliate Program Terms and Conditions Agreement upon your enrollment in the program.
