Terms & conditions
Last updated: 18 July 2017
Please read these user terms carefully before using our service
These terms and conditions apply whenever you access the Site, regardless of how you access the Site.
By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, TPAL® may terminate your right to access the service.
1. Definitions and interpretation
1.1 In these Terms and Conditions:
- TPAL® means Trade Promotions and Lotteries Pty Ltd (ABN 19 668 780 510), its agents, officers, employees, contractors, successors and advisers.
- randomdraws.com™ means the service and website operated and owned by TPAL®.
- Content means any and all data, text, document, software, images, audio or video material and other content, in any medium, provided by TPAL® to you;
- Document means a document you order which is generated by our service;
- Lawyer means an Australian legal practitioner as defined under the Legal Profession Act 2004 (NSW) or under any corresponding law in any other jurisdiction;
- Master Documents means the master documents on which the documents you order are based, depending on the information you provide when using our service;
- Product means a document or other service which you order using our Service;
- Professional Adviser means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal implications
- Service includes any information on our website including Content, the interface, user system, and document merging engine and the menu of legal documents you order, and the services which we provide to you which are ancillary to these services, including telephone or email helplines;
- You means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
1.2 the singular includes the plural and vice versa; and
1.3 a reference to currency is a reference to Australian dollars.
1.4 You agree that each of these definitions has the same meaning wherever they appear on our website.
2. Accessing or Using the Site
2.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
2.2 All content and services provided on or through this Site are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.
2.3 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time. Agreement posted on randomdraws.com™ reflects the latest agreement and you should carefully review the same before you use our site.
2.4 If you wish to become a member or user (Users) of randomdraws.com™, please read these Terms and Conditions of use carefully before using and placing an Order for the Services offered by randomdraws.com™.
2.5 You understand and agree, however, that you will use randomdraws.com™ including its tools and services with full responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations.
If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following Terms and Conditions as they apply at the time. Please read them carefully. At the end of these Terms and Conditions, you will be given the choice of accepting or rejecting the Terms and Conditions. If you accept them, you may use our service, including to order a product. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to have read the relevant Terms and Conditions carefully.
3. Scope of Services
3.1randomdraws.com™ is a facilitator who carries out the Services for its users.
3.2The Services allow for Users to:
- Upload a file in a specified file format within a specified file size limit, containing competition entries in rows,
- Immediately draw or schedule a random draw, based on the randomdraws.com™ draw methodology
- View and download the generated winners
- Keep records of past draws
4. Use of Service
4.1randomdraws.com™ or TPAL® is not a government or regulatory body or a law firm.
4.2randomdraws.com™ agrees to provide you with a licence to order products from our service on the condition that you accept these Terms and Conditions and pay our fees in the way required. The licence is not transferable. The licence begins on the day you use our service, and ends in accordance with these Terms and Conditions (see below).
5. Order Process
5.1You may register an account on the website to place an order.
5.2Once you have completed the draw process, you will be given the options to:
- Pay for one draw, or
- Pre-purchase ten draws for use within a 12 months period
5.3Payment for the Order must be made through the Site, at the time of placing the Order and paid via credit card unless prior arrangements have been agreed upon.
5.4You agree that you are solely responsible in verifying the data filled in and submitted.
5.5You agree that by using randomdraws.com™, you understand and acknowledge that randomdraws.com™ provides you with an online platform to hold draws for chance based competitions for your benefit and therefore randomdraws.com™:
- does not warrant or guarantee that you will find suitable Services for your specific requirements.
- does not accept responsibility for any of the information submitted to any regulatory body,
- will not be liable for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to any Services ordered by the user data inputs.
6. Order Payments and randomdraws.com™ fees
6.1randomdraws.com™ uses third party merchant facilities to process payments. randomdraws.com™ is not responsible or has any control over any third party merchant facilities. Users acknowledge and agree that randomdraws.com™ will not be liable for any loss or damage arising out of their use of a third party payment gateway.
6.2All prices shall be shown in AUD excluding GST where applicable, and/or delivery costs.
6.3Users acknowledge and agree that they are liable to pay the fees, which shall be transferred into the TPAL® account at the time of placing the order.
6.4randomdraws.com™ service fees shall be as stated in the content of the website, as is subject to change.
6.5You cannot cancel an order once it has been submitted through our Site.
6.6One Pre-purchased credit can be used to order one draw. If you pre-purchase credits before your original credits expire, the original credits will receive the same expiry as the additional credits, effectively increasing the expiry period of the original credits.
6.7We are not able to offer a refund on unused credits regardless of the extent of the expiry period.
7.1randomdraws.com™ agrees that:
- it has taken all reasonable steps to generate the random winners, based on your uploaded file
- all your personal and billing information that is identifiable to you will be kept confidential. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and
- the products you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download them or when you click to have us send them to you by email to the email address you have nominated.
8. Registration and Account Security
8.1As a user of randomdraws.com™ you commit to us to maintain the security of your account, if you set up an account:
- You will not provide any false personal information on randomdraws.com™, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will keep your contact information accurate and up-to-date.
- You will not do anything that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
9. Limitations on use
9.1randomdraws.com™ agrees that you will have a licence to use the products that you order using our service.
9.2In relation to your use of our service and the products you order, you agree that:
- you must not use any part of the products for any purpose except the specific purpose for which they were ordered;
- you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered;
- you must not modify the products in any way that may compromise randomdraws.com™ after they are sent to you;
- you must not interfere with, alter or attempt to copy or reproduce any part of our service or the products you order while using them;
- you must not incorporate any part of our service in any other program, system or document creation package; and
- you must not represent that the products ordered using our service were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the master documents from which your documents are generated).
10. No legal advice
10.1 You agree that:
- we cannot, and do not, give you legal advice;
- the company that owns and operates randomdraws.com™ (Trade Promotions and Lotteries Pty Ltd) is not a law firm;
- our service provides information to help you perform a random draw for the purpose of a chance based competition and to order a product and that that information is information only, not advice;
- we cannot and do not warrant that a product you decide to order is appropriate or suits your needs;
- we cannot and do not warrant that your use of our service is appropriate or suits your needs;
- the legal and commercial effects of a product vary and a product’s suitability will therefore vary according to particular circumstances;
- only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
- you must consult with a lawyer for advice concerning the suitability of a product you order using our service;
- randomdraws.com™ does not warrant accuracy for the information, commentary, advice and other documents (including sample documets) which appear on our website; and
- randomdraws.com™ disclaims responsibility for the information, commentary, advice and other documents (including sample documents) which appear on our website
11. Generated winners and documents depend on your answers
11.1 You agree that:
- certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
- you are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
- we are not responsible for any mistake that you make in understanding the questions or how to answer them.
12.1 You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
- because the service or product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
- because you fail to obtain formal advice from a professional adviser concerning whether the service or product you choose is suitable for its intended purpose or is suitable for particular circumstances;
- because of the answers you provide to questions asked of you when using our service;
- because you do not answer all questions completely and accurately;
- because you modify the products after they are provided to you; or
- because you breach these Terms and Conditions in some other way.
12.2 You agree that you continually indemnify us against any cost, loss, liability, or damage incurred as a result of your use of our service.
13. Our partners
13.1 randomdraws.com™ may promote to you, or refer you to, products or services of a third party (Partner).
13.2 When you use a Partner’s website, or services available from that website:
- randomdraws.com™ is not responsible for those services or any information or hyperlinks contained on that website;
- randomdraws.com™ provides access to those services for convenience only and does not endorse the Partner or the services available from that Partner’s website;
- you access that website, and services available from that website, at your own risk;
- it is for you to decide whether you will, or should, rely on the Partner’s services; and
- you agree with randomdraws.com™ that you acknowledge the disclaimers made by that Partner and that you will comply with any separate Terms and Conditions which the Partner applies, and requires you to consent to, in respect of those services.
14. Website contents
14.1 You agree that:
- each time you order a service or product from us you agree to the then current version of these Terms and Conditions
- we do not warrant the accuracy or appropriateness of the contents of our website;
- the legal information and commentary on our website is general only and that randomdraws.com™ does not endorse it and disclaims responsibility for it;
- our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
- we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
- you access these other websites at your own risk; and
- it is for you to decide whether these other websites should be relied on.
15.1 We may terminate your access or use or account for any reason at any time. If you are using a paid version of the service and we terminate your access or use of the service because you have breached this Agreement, you will not be entitled to any refund of unused fees.
15.2 If you violate these terms and conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of randomdraws.com™ to you. We will notify you by email or at the next time you attempt to access your account. You may terminate your access, or delete your account or disable your account for any reason at any time. Even after your account is terminated, certain sections of this Agreement will remain in effect.
16.1 The parties shall first attempt to resolve any claim, cause of action or dispute ("claim") arising out of or relating to these terms and conditions, in an amicable manner by mediation with a mutually acceptable mediator based in Sydney, Australia prior to commencing any legal action. The laws of the State of New South Wales, Australia will govern this terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia for the purpose of litigating all such claims.
16.2 randomdraws.com™ will use reasonable endeavours to mediate any disputes concerning the Services, excluding disputes arising with the relevant regulatory bodies. If you raise a dispute as to the quality of the Services, then we may contact you to get further information and carry out investigation and notify you about the outcome of the investigation.
16.3 If anyone brings a claim against us related to your actions, content or information on randomdraws.com™, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
17.1 You use randomdraws.com™ at your own risk. We provide the service on a "as is" basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for particular purpose, and non-infringement. randomdraws.com™ is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
17.2 We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this terms and conditions or your use of the Services offered by randomdraws.com™ or the liability or fitness of any regulatory body, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this terms and conditions or randomdraws.com™ will not exceed the greater of $50 or the amount you have paid us for carrying out the Services.
17.3 Where the above limitation or exclusion of liability, or incidental or consequential damages is not permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, then such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect, and randomdraws.com™ excludes all rights, liabilities, remedies, conditions and warranties in respect of goods or Services from your use of TPAL® whether based in statute, common law or otherwise to the fullest extent permitted by applicable law.
17.4 As a condition of your access to and use of the Services, you agree to indemnify randomdraws.com™ and TPAL® and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Services; or (b) your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
18. Limited liability18.1 You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
- replacing the service you used our website to order;
- supply of some equivalent service;
- amendment of the service; or
- the payment of the cost of such replacement, supply or amendment.
18.2You agree that:
- to the extent that we are not prohibited by law from limiting our liability, then our liability is limited, including in respect of any liability that arises as a consequence of our negligence;
- our liability to you for any matter related to the subject matter of these Terms and Conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
- we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
18.3We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
19. Intellectual property
19.1 You agree that:
- we remain the owner of all of our interest in the intellectual property and know-how that resides in our service;
- you are licensed to use our service for the sole purpose of ordering services and other specific products outlined on the website; and
- you get no property right whatever in relation to our service, and no ownership in the copyright of the services or documents that you order.
19.2 randomdraws.com™ owns all of the rights, title and interest in relation to the user content and information you post through the website, or through the Service or Application and you automatically assign all rights, title and interest, absolutely in the content and information you post and share through randomdraws.com™.
20. Recovery for breach
20.1 If we discover that we have lost revenue through your misuse of our service or your breach of these Terms and Conditions, then you agree that we may recover from you each of the following:
- the revenue we have lost;
- our costs of discovering our loss and the extent of it;
- our costs of recovering the revenue; and
- default interest on any amount owing under this clause.
20.2 Also, if we can show that we have lost revenue through your misuse of our service or breach of these Terms and Conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.
21. Licence (end)
21.1 You agree that:
- the licence to you is limited to the creation of the services and documents for which you have paid and that once those services and documents have been ordered, the licence ends;
- your licence will also end if you breach any material obligations contained in these Terms and Conditions; and
- if you breach any material obligation contained in these Terms and Conditions, then we may deny you any further access to our service.
22.1 Our standard arrangement is for you to pay us online by credit card through an online payment system set up through our website. The Merchant is Trade Promotions and Lotteries Pty Ltd of 24/ 88 Pitt Street, Sydney NSW 2000, Australia.
22.2 At the time you place an order through our website, we electronically provide you with our invoice/receipt.
22.3 If you do not make payments at the time of lodgement of your order, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
- suspend or terminate the order;
- use amounts you pay us to pay-off any amount you owe at our choice
- set our system so that you no longer have access to services you have ordered from us in the past (regardless of whether you have paid for them);
- charge default interest on any amount you owe us.
23. Refunds, returns, exchanges
23.1 You agree that because of the nature of our products, we are most unlikely to allow any refunds, returns, or exchanges and that we provide refunds at our absolute discretion, in exceptional circumstances.
23.2 You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:
- the intended purpose to which the documents or service were to be applied;
- the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
- the reasons that you want a return, a refund, or an exchange;
- copies of the materials or documents you have provided to that person in place of the randomdraws.com™ product in relation to which you now want a refund, a return, or an exchange; and
- any other information or materials we ask for that we believe is relevant to our decision.
24.1 These Terms and Conditions are governed by and are to be read and interpreted according to the laws of the State of New South Wales, Australia. Each of randomdraws.com™ and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
24.2 If you want to use randomdraws.com™, you must agree to our Terms and Conditions. If you don’t agree, then you can’t buy anything through our system.