Terms and Conditions
These terms and conditions sets forth the terms and conditions under which Munificent of Level 23, 727 Collins St (Tower 5) (Munificent, we, or us) provides you access to giveaways, and governs your use of our website located at munificent.com (the Site), and the Munificent Members platform made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).
YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT MUNIFICENT MAKES FROM TIME TO TIME.
If you do not agree to these terms and conditions, you may not use the Site or the Service.
Munificent may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. Munificent may make changes to the Site and/or the Service at any time. You understand that Munificent may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
1. Privacy Policy
By clicking purchasing a membership and using our platform, entering one of our giveaways or entering one of our chance draws, you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. Munificent may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
2. The Services.
The Munificent Site is a membership discovery and education platform that offers its members personal development resources and/or product recommendations.
Munificent reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, Munificent may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
3. Refunds, returns, and exchanges
By purchasing a membership or a one-time package for our platform, you are providing support to the Munificent brand. It is important to note that memberships and one-time packages purchased during a promotional period or giveaway are non-refundable.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to
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cancel your service contract with us; and
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a refund for the unused portion or compensation for its reduced value.
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You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind or failure to not understand properly.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18.
As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to Munificent for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Munificent by sending an email to support@bemunificent.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Munificent is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Munificent employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an Munificent, employee, director or manager may not win the offered giveaways.
4. Termination of Account.
You understand and agree that you have no ownership rights in your Account and Munificent may stop offering the Service at any time. Further, Munificent may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions.
Munificent will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.
To cancel your account, simply contact support@bemunificent.com and request cancellation. Once the request has been made, a specific cancellation link will be sent to you within 24 hours. You will need to click on this link and follow the prompts to complete the cancellation process. There are no refunds on loyalty memberships. If a payment has recently been made, please cancel your membership at the end of the billed period.
5. One-Off Membership Packages Loyalty Memberships
Customers have a choice of selecting a Once off Package or become a monthly Member to access the Munificent Platform. Purchasing a package will provide entry into any promotions for that period (for more info please see FAQ).
6. Termination of Membership
Upon cancelling your loyalty membership which must be done via email to support@bemunificent.com and then following the link provided upon request, you will be removed from all future payments and forfeit the bonus accumulated entries from all future promotional giveaways. There are no refunds on loyalty memberships. If a payment has recently been made, please cancel your membership at the end of the billed period.
To be removed from our mailing or text lists, please use the associated links as they are sent via third parties. Terminating your loyalty membership alone will not remove you from these lists.
If your account fails to pay, there will be 2 automatic attempts made to bill it. The system will attempt to bill your account every 7 days (14-day grace period) from the initial payment failure. On the 4th and final attempt, if there are insufficient funds, your subscription will be terminated, and your loyalty streak will be lost.
If you cancel your subscription, Stripe does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue your subscription, please follow the instructions in the notification emails provided or log in to the member’s dashboard and update your banking details.
If your account is cancelled, you can sync up the entry history by creating a new subscription within 30 days of the cancellation. Only the most recent active subscription will be synced up, and if there are multiple cancellations, the previous entry history will not be included in the accumulation of entries moving forward since the cancellation date is beyond 30 days from the current active subscription.
Please note that the system only allows for 4 attempts, which includes any manual attempts made by the user to charge the account.
7. Use of Site and Service.
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Munificent and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or Software.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit card theft reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Munificent, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Site and the Service are operated by Munificent in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.
8. Third-Party Products, Services + Resources from Our Partners.
Third party services, content, information, and products may be made available by Munificent on or through the Site. Third Party Products, services and discounts are provided solely for the benefit of our paid members and Munificent makes no representations or warranties regarding any Third-Party Products, services and resources and takes no responsibility and assumes no liability for any Third-Party Products, services or discounts. Third Party Products, services and resources are subject to the applicable terms and policies of the third parties that offer them.
9. Disclaimer
Munificent makes no representations or warranties as to the accuracy of the Content. Munificent is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify Munificent of the error or omission; however, Munificent does not warrant that such error or omission will be corrected.
Munificent and the blogs, articles, comments, answers, questions, and other features therein are for informational purposes only and provided "as is" without warranties, representations, or guarantees of any kind. Content on Munificent should never be used as a substitute for advice from a qualified professional. Munificent shall not be liable for the accuracy, usefulness or availability of any Munificent content, and you agree to hold Munificent harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any Munificent content.
Munificent and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that Munificent has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless Munificent and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. Munificent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Munificent.
Munificent shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. Munificent does not warrant that the Service will be uninterrupted, error free, or virus free; nor does Munificent make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an "as is, as available" basis. Munificent MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Munificent shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
10. Hyperlinks.
Links from the Site. The Site may contain links to websites operated by other parties. Munificent provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Munificent, and Munificent is not responsible for the content available on the other sites. Such links do not imply Munificent endorsement of information or material on any other site and Munificent disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to Munificent inking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Munificent and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Munificent (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Munificent reserves the right to revoke its consent to the link at any time and in its sole discretion.
11. Munificent Intellectual Property and Intellectual Property Infringement.
The interfaces, content, arrangement and layout of the Site including, but not limited to, the Munificent trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Munificent Intellectual Property) are the property of Munificent, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Munificent.
You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Munificent Intellectual Property or third party content located on the Site in any manner not expressly permitted under these terms and conditions.
12. Representation and Warranties of Members
The Participant represents and warrants that it shall not contact the any affiliate, employee, sponsor or partner of Munificent in order to manipulate the Contest results.
13. Giveaway Disclaimers
By becoming a member or Customer of Munificent the Participant agrees to enter the Contest/Competition and Agrees that:
Any and all disputes, claims and causes of action arising out of or in connection with the Contest/Competition and the promotional gifts shall be resolved individually with any form of class action;
Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will Munificent be responsible for any legal fees;
Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the contest.
In no event will Munificent, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this contest, even Munificent was advised of the possibility of such damages.
Munificent reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest/Competition as solely determined by Munificent.
In the event the Contest/Competition is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Munificent, that corrupt or impair the administration, security, fairness or proper operation of the Contest, Munificent reserves the right to suspend, modify or terminate the Contest/Competition.
Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, Munificent reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
Munificent assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
The Contest/Competition is void where prohibited or restricted by law.
You agree that Munificent offers you an alternative method of entry to participate in any giveaway or draw game.
You agree that the purchase of any Booster Pack during a promotion period counts as a purchase of a digital product regardless of whether additional functionality, unique serial number or product code is provided.
The administration, security, fairness or proper operation of the Contest/Competition, Munificent reserves the right to suspend, modify or terminate the Contest.
Competition Terms
Competition Details
PART A
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Competition Name: Draw Games
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Promoter: Munificent Enterprises (Promoter). Contact details available at: https://www.bemunificent.com/.
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Entry Requirements: Entrants must be at least 18 years of age and must purchase a
limited, chance card booster pack from https://www.bemunificent.com/ to receive their entry. -
Maximum entries: 100,000 total entries for any individual given draw.
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Number of winners: There will be a maximum number of one (1) Winner, and a maximum number of three (3) Winners for Super Draws that are designated as "Multi-Winner".
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Location: The Competition runs Australia-wide, excluding South Australia. International
entrants residing overseas may enter the Competition but are responsible for
ensuring compliance with the laws in their applicable country and jurisdiction. For the
avoidance of doubt, the Promoter is not liable or responsible for any consequences in
connection with a breach of international laws by the entrant as a result of entering or
otherwise participating in this Competition. -
Promotion Period: Competition commences 1st of September and ends 25th of August or sooner if entries are fully allocated
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Prizes are as follows:
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One (1) Richard Mille RM 58-01 “Jean Todt”. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Audemars Piguet Royal Oak Concept Tourbillon “Spider-Man”. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Audemars Piguet Royal Oak Concept Tourbillon “26227BC”. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Audemars Piguet Royal Oak Chronograph “Murtoli”. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Jacob & Co. x "Bugatti Chiron V2" Tourbillon. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Audemars Piguet Royal Oak Offshore Diver. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Rolex Submariner Date "126618LB". The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Omega SEAMASTERDIVER 300M "Sedna Gold". The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Rolex Day-Date Platinum. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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One (1) Rolex Masterpiece Pearlmaster. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
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Prize date and selection of winners: All entries will be assigned a number and the Winners will be drawn by a random electronic number generator accessed on a device at 20:00pm AEST on 25th of August unless notified sooner. An independent scrutineer will be present for the drawing of the winner, in accordance with the relevant laws.
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Publication of winners: Winners will be personally notified in writing by within 7 days
of the draw. The Promoter will also attempt to contact the Winner by the phone number
and social media handle(s) provided by the Entrant. Winners will also be announced
online at https://munificent.com/ within 7 days of the draw. -
Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain
correct and accurate information. Employees of the Promoter and family members of
employees of the Promoter are not eligible to win. -
Prize Delivery: Prizes will be sent to the Winners to their nominated address within ten
(10) business days of confirmation of the Winner’s eligibility. The Promoter will pay for the
delivery of the Prize to the Winner’s nominated address, however the Winner is
responsible for any other costs associated it’s receipt of the Prize, including any taxes or
transfer duties or costs. The Promoter is not liable for any delay in delivery of the Prize.
Additional Competition Details
PART B
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Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.
Participation -
To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements.
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Entry is open to residents of the Territories.
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The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.
Selection of Winner -
The Winner will be selected by random draw, on the dates and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
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Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
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If for any reason, a prize or element of a prize is unclaimed by the Winner within 3 months of the drawing date despite reasonable steps by the Promoter to contact the Winner, the prize will be re-drawn at 20:00pm AEST the following Friday, in the same manner and at the same place as paragraph 5 or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing.
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The Entrant is solely responsible for ensuring that it are eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.
Prizes -
Prizes are provided on an “as is” basis and the Promoter will not make any modifications to the Prizes at the Winner’s request.
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The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
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If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.
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The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.
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The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.
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Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.
Personal information -
As a condition of entering this Competition, Entrants agree to provide personal information to the Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with the Promoter’s Privacy Policy. Personal information submitted may be provided to third parties for the purpose of
administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. The Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time. -
As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.
Intellectual property -
By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate,
reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution. -
The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the Entrant
Content to the Promoter; and
(c) the Promoter’s use of the content will not infringe or violate any third-party rights,
including but not limited to defamation, intellectual property rights, moral rights and
privacy rights and will not give rise to an obligation to make any payment to a third
party. -
The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.
Reservation of rights -
The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
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The Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
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The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or
is suspected by the Promoter to have:
(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper
conduct of the Competition or the reputation of the Promoter.
Exclusion of liability -
The Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, the Promoter will not accept any liability for any error, omission or failure to administer this Competition.
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Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and participation in the Competition, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
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Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
(a)inaccurate or incorrect transcription of entry information;
(b) any technical difficulties or equipment malfunction, malfunction of any telephone
network or lines, computer online systems or network, servers or providers, computer
equipment, or software (whether or not under Promoter ’s control);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic
congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) redemption or use of a prize; and
(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or
agents, in connection with the arrangement for supply, or the supply, of any goods or
services by any person to a Winner and, where applicable, to any family/persons
accompanying a Winner.
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To the maximum extent permitted by law, the Promoter’s total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.
General
ROAD TO 20K INSTAFOLLOWER GIVEAWAY
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This giveaway is independent to any Draw Game or Competition during a promotion period
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Entry is open to anyone locally and internationally, individual laws and policy may apply depending on the entrant's home state
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Entry is ensured for all followers of the @bemunificent Instagram account who like the "Road to 20K" post.
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Entrants outside of Australia recognize their responsibility to adhere to the applicable local laws and regulations in their respective territories (International Laws) and the Promoter is not liable for any failure by the Entrant to adhere to International Laws. The Entrant will receive a number of entries in the Competition(s) as set out on the entry page and official Instagram Post, as well as additional entries aquired from participating in other activities outlined by the Promoter which may include commenting on posts and tagging usernames, sharing the post on Instagram, following Instagram page for @bemunificent.
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Prizes are given away at each designated milestone: 500 followers, 1000 followers, 5000 followers, 10000 followers.
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Values of prizes are subject to change and any representation of products belong to their respective owners.
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Giveaway period starts from 1st September 2024 and will conclude once 20000 followers are achieved on the @bemunificent account.
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Winners' first names and last initial or Instagram handles may be published publicly on this website or select social media to ensure transparency
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Winners can choose to be anonymized upon request
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Prizes not claimed within 48 hours of announced winners will be forfeited to a random entrant
Membership Terms
-
Introduction
1.1. By using this website (located at https://www.bemunificent.com/), any related websites or URLs, social
media platforms owned or operated by us (Sites) and our services, including making a purchase
on the Sites, purchasing a subscription (Subscription) from us and use of our contact form
(collectively, the Services), you agree to be legally bound by these Terms and Conditions
(Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with Munificent Enterprises, including its successors, assignees and related bodies corporate (defined
in the Corporations Act 2001 (Cth)) (Munificient or we or us).
1.3. By accessing or using our Services, you warrant and represent to us that:
(a) you have read, understand and agree to be bound by these Terms;
(b) you are over the age of 18 years old; and
(c) you have the right, authority and legal capacity to enter into a legally binding agreement
and to abide by these Terms.
1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy
Policy, are incorporated into these Terms. You agree to comply with all such Terms when
accessing or using our Services. -
Subscription
2.1. We offer a Subscription, you will receive access to various discount codes and/or invitations to a
variety of events (Subscription).
2.2. You may purchase a Subscription for membership (Membership) with Munificent for a
specified period of time (Subscription Period) by selecting the Membership tier of membership
(Membership Tier) and paying the purchase price at checkout. The Membership packages
available may be amended from time to time on our Membership Page. This clause applies if
you have purchased a Membership.
2.3. To access and use your Subscription, you will need to register for an account with Munificent by
completing your details at checkout from the Membership page.
2.4. The fees for your Subscription will be as selected by you, depending on the Membership Tier at
checkout, and once purchased the fees will be as specified on your Account Dashboard, plus
any applicable taxes or duties (Fees).
2.5. Your Subscription will commence once you have paid the Fees and continue for the Subscription
Period, subject to you paying the Fees for your relevant Membership Tier.
2.6. Each Membership Tier or Subscription provides you with access to specific inclusions as set out
on the Membership page. If you reach the limit of such inclusions, you will be prompted to
upgrade your Membership Tier in order to obtain additional inclusions. If you select to upgrade
your Membership Tier, you agree to the new Fees and inclusions notified to you at the time of
such upgrade.
2.7. You agree that you are solely responsible for maintaining the confidentiality of your account
details and credentials, including your password.
Renewal and Payment
2.8. Upon purchase of any Subscription, you authorise Munificent and our relevant payment
processors (such as Stripe) to obtain payment from you for the Subscription (including, without
limitation, ongoing membership fees plus relevant taxes and duties) on the date that you
purchase your subscription and the anniversary of that date each month (or any other fixed day
as amended by Munificent from time to time) (Renewal Date) and to store your payment
information and any other information related to your payment or provision of the Services as
outlined in our Privacy Policy.
2.9. From time to time, Munificent may offer various payment methods, including without
limitation, payment by credit card, by debit card, by mobile payment providers or by payment
gateway websites. When you select to pay Munificent for a Subscription, you authorise
Munificent to charge you through any payment method(s) you select when making your
initial purchase and you agree to continue to make payments using that payment method for the
term of your Subscription.
2.10. The Subscription will be automatically renewed at the end of each Subscription Period for a
further term of the same duration as the expiring Subscription term for our then-current Fee
and/or in accordance with your Membership Tier or subscription details, unless terminated earlier
in accordance with these Terms.
2.11. You acknowledge and agree that your payment method will be automatically charged for such
Fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your
Subscription is subject to automatic renewals and you consent to and accept responsibility for all
recurring charges to your credit or debit card (or other payment method, as applicable) based on
this automatic renewal feature without further authorisation from you and without further notice
except as required by law. You further acknowledge that the amount of the recurring charge may
change if the applicable tax rates change or if you are notified that there will be an increase in
the applicable Fees and you do not subsequently cancel your Subscription.
2.12. You warrant and represent to us that at all times during the term of your Subscription Period you
will ensure that we have valid and up to date payment details, including credit card details and
you grant us the authority to automatically debit the Fees due to us from the payment methods
you have provided to us, including credit card. The parties agree that this authority will remain
in force until either party validly terminates these Terms. It is your responsibility to ensure that all
charges processed are accurate. You agree that you will notify us within 30 days from a billing
date if any charge is not accurate after which date you will be deemed to have accepted all
charges and to have waived any claim regarding a disputed charge.
2.13. You understand that from time to time, we may receive and use updated payment method
information provided by you or related financial institutions or payment processors, such as
updated expiration dates or account numbers.
2.14. Please note that certain payment methods may involve agreements between you and the
financial institution, credit card issuer or other provider of your chosen payment method. If we do
not receive payment from you or your payment provider, you agree to directly pay us all amounts
due upon demand from us. Your non-termination or continued use of the Subscription reaffirms
that we are authorised to charge your Payment Method.
2.15. If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel
your use of the Service without notice, including the right to delete your account and any content
affiliated with the Service and you must pay us for any costs or expenses we incur due to or in
connection with your non-payment or breach of these Terms, including but not limited to any
legal, enforcement or collection costs and we may charge interest of 10% p.a. on any unpaid
overdue amounts. -
Pricing
3.1. Munificent reserves the right, in its sole discretion, to offer free trials and other
promotions of its Services. You agree that all prices for Subscription are subject to change in
our sole discretion provided that if you have signed up to a Subscription, we will notify you of any
increase to the subsequent term no later than 10 days before the end of the then current term.
3.2. If we do not notify you 10 days before the end of your then current term of any price increase, to
the maximum extent permitted by law, your sole remedy will be to continue your current
Subscription at the price prior to the price increase for a period of 10 days following which you
may terminate the Subscription with immediate effect (provide notice is received within the 10
days’ notice of the price increase) or continue the Subscription at the increased price.
3.3. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars
(AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges,
which are calculated at check-out.
3.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency,
including, without limitation, any goods and services taxes or any value added tax imposed on
any goods or services acquired or ordered by you in the Services. Where applicable, you must
pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts,
at the same time and on the same basis as you pay the purchase price. -
Cancellation
4.1. You may cancel your Subscription at any time, at least 2 business days’ prior to your next
Renewal Date, on the Account Settings page.
4.2. If you cancel your Subscription, your Subscription benefits will continue until the end of your thencurrent Subscription Term, but your Subscription will not be renewed after that term expires.
Except in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth)
(Australian Consumer Law) or if we cancel your Subscription without cause, you will not be
entitled to a prorated refund of any portion of the Subscription Fees paid for the then-current
Subscription Term.
4.3. Munificent provides remedies (such as cancellation of your Subscription, a renewal of
your Subscription or where necessary, a refund of amounts paid) if the Subscription is not
provided in accordance with the Australian Consumer Law. -
Discounts and events
5.1. By purchasing a Subscription, you may receive access to discounts, promotions and offers
(Offers) and invitations to events (Events) from us or third-party service providers (Service
Providers). For the avoidance of doubt, we are merely a platform to provide you with access to
the Offers and Events and do not manage or run the Offers or Events themselves, unless
specified in writing.
5.2. You acknowledge and agree that the Offers and Events are subject to their own terms and
conditions as set out with the Offer or Event or by the Service Provider.
5.3. You agree that, to the maximum extent permitted by law:
(a) we are not liable for any information published or provided by any Service Providers;
(b) we do not endorse any of the Service Providers or their goods/services;
(c) the Service Provider is solely liable and responsible for the Offers and Events, the
redemption of Offers, the operation and running of any Events and the provision of its
goods/services;
(d) you will direct any issues relating to the Offers or Events to the Service Provider directly;
(e) we are not liable for any act, omission or negligence by any party in connection with the
security and privacy of any information provided by you to a third party, including Service
Providers;
(f) we are not in any way liable for any punitive, special, indirect or consequential loss,
damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of
or in connection to any act, omission or negligence of any Service Provider including as a
result of obtaining their goods/services, redeeming an Offer or attending an Event; and
(g) we are not an agent for any Service Provider and have no responsibility or liability for the
communications or conduct of such Service Provider, including but not limited to any
fulfilment of an Offer, organisation or management of any Event or quality of the goods or
services provided by a Service Provider.
5.4. We reserve the right to deactivate, cancel or remove any Offer or vary, cancel or remove any
Event, at any time and for any reason with written notice to you.
5.5. You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer
if your redemption of such Offer breaches the Offer’s terms and conditions or other policies set
by the Service Provider.
5.6. Offers cannot be transferred or redeemed for cash and are not legal tender. -
Trade Promotions
6.1. If you make a purchase with us, whether it be a purchase of a Good or a Subscription, you may
receive entries into a trade promotion conducted by us as specified at checkout. You
acknowledge and agree that the relevant trade promotion is subject to its own terms and
conditions as provided on the relevant giveaway page including eligibility requirements and agree
to comply with such terms and conditions.
6.2. Upon cancellation of your Subscription, your agreement to the trade promotion terms and
conditions, and entries into the next trade promotion with a promotional period which commenced
prior to your cancellation date, will still be valid until no longer applicable.
6.3. We reserve the right to modify, suspend or terminate any trade promotions in our sole discretion.
6.4. You acknowledge and agree:
(a) that any and all disputes, claims and causes of action arising out of or in connection with
your Subscription, any competition, contest, giveaway or trade promotion managed or
operated by us (Competition) and any prizes, must be resolved individually without any
form of class action;
(b) that in addition to the limitation of liability in clause 14, any claims, judgments and awards
will be limited to actual out-of-pocket costs incurred in entering into any Competitions, and
under no circumstances will Munificent be liable for any legal fees;
(c) to waive all potential rights to punitive, incidental or consequential damage and any rights
to have damages multiplied or otherwise increased and any other damages, other than
damages for actual out of pocket expenses incurred in entering into or participating in any
Competitions; and
(d) in the event any Competitions are compromised by non-authorised human intervention,
tampering or other causes beyond the reasonable control of Munificent , that
corrupt or impair the administration, security, fairness or proper operation of any contests
or competitions associated with the Subscription, Munificent reserves the right to
suspend, modify or terminate your Subscription and/or your entry into such Competition.
6.5. If you choose to participate in any Competitions and are selected as a winner, you agree that
Munificent may use your name (either in full or part), likeness, voice and image (including
any photograph) in any marketing and you will not be entitled to any fee for such use. You
acknowledge and agree to this as a condition of entry to any Competitions.
6.6. This clause survives termination of these Terms. -
Your information, errors and access
Current Information Required
7.1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
7.2. Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Munificent as soon as you become aware of the issue. Failure to provide such information to Munificent may result in charges to your current Payment Method for the Subscription, and you acknowledge that you remain responsible for these charges.
Errors and Incorrect Payments
7.3. Munificent reserves the right to correct any errors or mistakes that may result in incorrect
payment for any Services, including your Subscription and may, in its absolute discretion, return
or refund all or some of the amount of the payment even after a request or receipt of payment is
made or may require additional payment in the event that an underpayment has been made.
Termination or suspension of your access or use of the Services
7.4. You agree that Munificent may, in its sole discretion, immediately and without notice to
you, terminate, limit your access to, or suspend your access or use of, the Services, including
but not limited to by blocking your IP address or email and blocking, deactivating or deleting your
Munificent account or terminating your licence to use Munificent intellectual
property if you breach or become in breach of any of these Terms and Munificent shall
be released from its obligations to you under these Terms and shall not be liable to refund to you
any pre-paid Fees or for any loss caused to you by such action. If your Services have been
terminated due to your breach, you agree that you will not create another Munificent
account without the prior written consent of Munificent.
7.5. You agree that Munificent may, in its sole discretion, immediately and with 5 days’ notice
to you, terminate, limit your access to or suspend your access or use of the Services for any
reason. Munificent may, at its election:
(a) continue to provide your Subscription benefits until the end of your then-current
Subscription Term, cease providing the Subscription after that term expires; or
(b) immediately cease providing the Services or Subscription benefits and provide a prorated
refund of any portion of the Fees paid for the then-current Subscription Term. -
Orders and cancellations
8.1. You agree that any purchase made through our Services (Goods) is subject to these Terms. For
the avoidance of doubt, your purchase of a Subscription constitutes a purchase of Goods.
Orders
8.2. An order is accepted upon the latter of the following to occur:
(a) you have submitted your order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs;
and
(c) we have issued an order confirmation.
8.3. By placing an order, you are making an offer to purchase those Goods for the price (including
the delivery and other charges and taxes) specified at the time that you place your order.
8.4. Munificent reserves the right to:
(a) accept or reject your order or a part of your order for any reason, including, without
limitation, the unavailability of any goods, limitations on quantities available for purchase,
inaccuracies or errors in goods or pricing information, where fraud is suspected, or where
there is an error in your order;
(b) request identification from you, including photo ID or any other such documentation for
verification purposes before we process your order;
(c) cancel an order at any time, for any reason; or
(d) restrict the quantity or total value of goods available for purchase to each person or
address.
8.5. Where we exercise the rights above, we will notify you by email and suggest an alternative goods,
remove an item from an order or provide a refund of the purchase price where applicable and
Munificent shall not be liable for any loss or damage whatsoever arising from such acts.
Cancellations
8.6. Please note that you cannot cancel or amend an order once it has been placed (except as
required by Australian Consumer Law).
8.7. In the event that you are entitled to cancel an order, to the maximum extent permitted by law,
you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Munificent as a direct result of the cancellation (including, but not limited to, any loss of
profits). -
Termination
9.1. You may terminate the Subscription by cancelling via the Account Settings and your
Subscription will terminate at the end of your Subscription Period.
9.2. Without prejudice to any other remedies, Munificent may immediately suspend or
terminate the Services, or these Terms, or cease offering the Services, in its absolute discretion,
at any time and without notice to you if:
(a) you are in breach of any obligation (including those relating to payment) under these Terms
which has not been remedied after seven (7) days written notice;
(b) you have breached these Terms and that breach is not capable of remedy;
(c) any money payable to Munificent becomes overdue, or in Munificent’
opinion, if you will be unable to make a payment when it falls due;
(d) you become or are suspected to be, insolvent, convene a meeting with your creditors or
propose or enter into an arrangement with creditors, or make an assignment for the benefit
of your creditors; or
(e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in
respect of you or any of your assets, and any amounts owing to Munificent at the time of the suspension or termination shall
become immediately due and payable.
9.3. Munificent may terminate these Terms at any time and for any reason on 30 days’ notice
without the requirement to provide you with reasons. If Munificent terminates these
Terms under this clause 9 then any pre-paid and unused portion of your Fees will be refunded,
except as required by law, in no other instances will any Fees be refundable. Munificent
will not be liable to you for any further loss or damage arising out of or in connection with Munificent exercising
its rights under this clause.
9.4. Munificent may suspend the Services and suspend your access to the Services or any
part of the Services until any relevant Fees have been paid in full or until any breach of these
Terms is remedied.
9.5. Upon termination of these Terms, Munificent may immediately remove any access to
the Services, disable the Services and/or delete your account and data. -
Intellectual Property
10.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not
limited to the design, structure, selection, coordination, expression, “look and feel” and
arrangement of such content, contained on or in our Services are owned by, or licensed to Munificent, and are protected by copyright, patent and trademark laws, and various other
intellectual property rights.
10.2. You may access and use the information provided in our Services, on a limited, revocable, nonsublicensable licence, for your personal, non-commercial informational purposes. No content
may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way to any other computer, server, website
or other medium for publication or distribution or for any commercial enterprise, without the prior
written consent of Munificent.
10.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any
licence to, or assignment of, any of Munificent’s intellectual property rights, whether by
estoppel, implication or otherwise. Munificent reserves all rights not expressly granted
in the Services. -
Privacy
11.1. You agree to allow Munificent to send you emails regarding the Services, including any
information regarding or relating to our goods and services, in accordance with our Privacy Policy.
Please see our Privacy Policy for information about our privacy practices. -
Unauthorised access and malicious materials
12.1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on
which our Services is stored or any server, computer or database connected to our Services.
You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses,
trojans or other programs, scripts or material that may be malicious or technologically harmful to
us, our Services or other users of our Services.
12.2. To the maximum extent permitted by law, we will not be liable for any losses or damage
whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in
contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies
that may affect our Services as aforementioned, system failures or any other harmful material
that may infect your computer, device, programs, data or other proprietary material and you
release us from any such liability. -
Third Parties
13.1. Our Services may, from time to time, contain links to and from websites which are owned or
operated by other parties. Links in the Services to third parties do not constitute sponsorship,
approval or endorsement of the content, policies, practices or services offered by those parties
unless expressly stated by us in writing. Third party websites are governed by their own terms
and conditions and privacy policies and we recommend that you make your own enquiries as to
their terms. We do not accept any liability for any information on, or the privacy practices of, any
third party websites.
13.2. Munificent makes no representations or warranties regarding any third party goods or,
services and discounts and takes no responsibility and assumes no liability for any third-party
goods, services or discounts. Third-party goods, services and discounts are subject to the
applicable terms and policies of the third parties that offer them. -
Limitation of Liability
14.1. To the maximum extent permitted by law, neither Munificent, nor any of its employees
or agents, will be liable for any loss, damage or injury whatsoever (including for negligence,
death, injury or illness and special, indirect or consequential loss or damage such as loss of
profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of
data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or
opinions contained obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the Services
are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any goods or services supplied by Munificent; or
(e) these Terms or any breach of these Terms.
14.2. You understand and agree that you are responsible for your own acts, omissions and negligence
and if there are any consequences to your acts, omissions or negligence or through your use of
the Services, that you will be responsible for those consequences.
14.3. To the maximum extent permitted by law, Munificent’s liability under these Terms shall
be limited to any one or more of the following:
(a) the replacement of the Goods or re-supply of equivalent goods or services;
(b) the repair of such Goods or services;
(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods
or services or a refund of the purchase price; or
(d) the payment of the cost of having the Goods repaired.
14.4. To the extent permitted by law, Munificent expressly disclaims all warranties of any kind
unless expressly stated in the Services or if required under Australian Consumer Law. Nothing
in these Terms purports to exclude any rights or remedies in respect of goods or services under
the Australian Consumer Law which cannot be excluded, restricted or modified.
14.5. This clause survives termination of these Terms. -
Disclaimer of Warranty
15.1. Munificent provides the Sites and their contents on an “as is” basis and use of this
information is at your own risk. While we aim to update the Sites regularly, neither Munificent, nor any of its employees or agents, makes any representation or warranty as to the
accuracy, completeness, currency or reliability of the information contained on the Sites.
15.2. We reserve the right to restrict access to the Services or any part of the Services, change or
withdraw any goods, information or content featured in the Services or provided through our
Services, without notice. You acknowledge and agree that we retain complete editorial control
over the Services and may alter, amend or cease the operation of the Services or any part of the
Services, at any time, in our sole discretion. -
Release and Indemnity
16.1. You agree to release and indemnify and hold Munificent and (as applicable) its affiliates,
agents, and employees, harmless from and against any claims, demands, proceedings, losses
and damages (actual, special and consequential) of every kind and nature, known and unknown,
including legal fees on a full indemnity basis, arising from or in relation to your purchase or use
of goods or services purchased from the Munificent, your use or access of the Services,
or any access to the Services by a third party arising out of your breach of these Terms, or your
violation of any law or the rights of a third party.
16.2. This clause survives termination of these Terms. -
Amendments and correction of errors
17.1. Munificent reserves the right to amend these Terms from time to time as it sees fit. Any
amendments or changes to these Terms are effective from the date on which the amended terms
are published except in relation to orders placed prior to the publication of any varied terms.
17.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms
by email or by a notice on or in the Services, it is your responsibility to keep up to date with any
changes or amendments to these Terms by checking this page, which contains our most accurate
and up to date version of our Terms.
17.3. Munificent reserves the right to amend any errors in the Services, including any pricing
errors, and amend any prices and goods, at any time without notice to you. -
General
18.1. Waiver: Any failure or delay by Munificent in exercising a power or right (either wholly
or partially) in relation to these Terms does not operate as a waiver or prevent Munificent
from exercising that power or right or any other power or right. We are not liable to any other
party for any loss, cost or expense that may have been caused or contributed to by the failure,
delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
18.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms
as a result of any fact, circumstance or matter beyond our control, we are relieved of that
obligation to the extent and for the period that it we are unable to perform the obligation. You
agree that Munificent will not be held liable for any delay or failure in performance of any
part of the Services or delivery of Goods.
18.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction
to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does
not affect the validity of the remaining provisions of these Terms. This clause survives
termination of these Terms.
18.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee employer or franchisor-franchisee relationship between Munificent and you or any other
party unless expressly stated otherwise.
18.5. Entire agreement: These Terms (and all other terms and conditions and policies that are
incorporated by these Terms) and any additional policies or terms you have agreed to through
use or access of our Services make up the entire agreement, and supersede all prior written and
oral agreements, representations, undertakings and understandings. Where there is an
inconsistency between these Terms and any additional Terms, the additional Terms will prevail.
This clause survives termination of these Terms.
18.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its
appellate courts. Although the Services may be accessed throughout Australia and overseas, we
make no representations or warranties that its content, or the Services, comply with the laws
(including intellectual property laws) of any country outside Australia. If you access the Services
from outside Australia, you do so at your own risk and are responsible for ensuring compliance
with all laws in the place where you are located. This clause survives termination of these Terms.
Privacy Policy
Be Munificent owned and operated by Munificent having registered office in Victoria, Australia, is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information we collect from users of our website.
By using the Services, users consent to the collection and use of their Personal Information by us. You also represent to us that you have any and all authorisations necessary to use these Services including using them to process Personal Information. We collect and use the information you provide to us, including information obtained from your use of the Services. Also, we may use the information that we collect for our internal purposes to develop, tune, enhance, and improve our Services, and for advertising and marketing consistent with this Privacy Policy.
This Privacy Policy has been drafted having regard to our obligations under the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act). This Privacy Policy is a public document and has been prepared in light of Australian Privacy Principle 1 i.e. Open and Transparent Management of Personal Information.
Please read our privacy policy carefully to get a clear understanding of how our website collects, uses, protects or otherwise handles users’ Personal Information.
This Privacy Policy is intended to inform users about how our website treats Personal Information that it processes about users. If users do not agree to any part of this Privacy Policy, then we cannot provide its Services to users and users should stop accessing our services.
By using the Services, You acknowledge, consent and agree that we may collect, process, and use the information that you provide to us and that such information shall only be used by us or third parties acting under our direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve the Services.
Although we may attempt to notify you when changes are made to this Privacy Policy, you are responsible for periodically reviewing any changes which may be made to the Policy. We may, in our sole discretion, modify or revise the Policy at any time, and you agree to be bound by such modifications or revisions.
DEFINITIONS
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“Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
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“Express Consent Consequences” includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.
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“Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
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“Opt Out” means an individual’s expressed request not to receive further Direct Marketing communications.
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“Personal Information” means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s first name, last name, email address, phone number, password and address.
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“Primary Purpose” is the main reason for the Collection of any Personal Information.
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“Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the relevant purpose.
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“Secondary Purpose” means a purpose of Use or Disclosure other than a Primary Purpose.
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“Sensitive Information” is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).
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“Use” means the handling of Personal Information by our Company.
INFORMATION WE COLLECT
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When you register with us, you provide us information about yourself – your name, email address, phone number etc. If you correspond with us by e-mail, we may retain the content of your e-mail messages, your e-mail address, and our responses. We also collect general information about your use of our services.
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By entering your email and phone number on our website, you may receive marketing material from us. This includes, but is not limited to, promotional offers, newsletters, and information about new products or services. We may use the information you provide us to contact you via email or phone, even if you do not submit any forms. If you do not wish to receive marketing material from us, please let us know by emailing us at support@bemunificent.com or by unsubscribing from our emails.
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While interacting with other users on the Forum or Interactive Area, you share your contact information, the messages which you share are not private and can be viewed by any member or user of the website.
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The advertisement and other related details that you post on the website and the information which you share therein are collected by us.
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INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES
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When you access or use our Services, we automatically collect information about you, including:
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Log Information: We log information about your use of our website, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our website.
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Device Information: We may collect information about the device you use to access our Services, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.
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Location Information: With your consent, we may collect information about the location of your device to facilitate your use of certain features of our Services, determine the speed at which your device is traveling, add location-based filters (such as local weather), and for any other purposes.
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Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. A “cookie” is a small data file transferred to your computer’s hard drive that allows a Website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Overall, cookies are safe, as they only identify your computer to customize your Web experience. Accepting a cookie does not provide us access to your computer or any Personal Information about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus. Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer, Firefox or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. If you turn off cookies completely, there may be some website features that will not be available to you, and some Web pages may not display properly. To support the personalized features of our website (such as your country and language codes and browsing functions) we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered website user.
INFORMATION SHARED WHILE POSTING ON
VARIOUS PLATFORMS OF THE WEBSITE
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While interacting with other users on the Forum/interactive area, you share your contact information; the messages which you share are not private and can be viewed by any member or user of the website.
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The advertisements and related material that you post on the website and the information which you share therein are collected by us.
INFORMATION SHARED DURING TRANSACTION
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You agree that you will enter into transactions with third parties through our website and will share your Personal Information with them for easy completion of the transaction. You hereby expressly agree that we shall not be involved or held liable for any breach of the privacy or security of that data. The said breach, if any, shall be a matter of dispute between you and the third party and we shall not be held liable or be issued a notice for the same.
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We STRONGLY recommend that you should be careful and vigilant while disclosing your Personal Information with your transaction partner. Please do not disclose your bank and account details to anyone through our website or to any individual whom you have met through our website.
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We do not take credit card/debit card or other bank details on our website. For payment you will be directed to sign in through the respective payment gateways integrated on our website and the transaction would be completed therein. It is to be noted that we will not be storing any Bank related information on our records and none of our staffs will hold or be exposed to this information.
HOW WE USE YOUR INFORMATION
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We use the personal information we collect to fulfil your requests for services, improve our services and contact you.
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By typing into any form and providing us your e-mail address and or mobile number, you consent to us using the e-mail address and mobile number to send you our website and services related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send notifications of activity on our website to the e-mail address or mobile device you give us, in accordance with any applicable privacy settings. We may use your e-mail address to send you other messages, such as newsletters, changes to our features, or other information. If you do not want to receive optional e-mail messages, you may modify your settings to opt out.
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Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from us, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
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Following termination or deactivation of your services, we may (but are under no obligation to) retain your information for archival purposes. We will not publicly disclose any of your Personal Information other than as described in this Privacy Policy.
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At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content or messages, if we believe that such action is necessary (a) to conform to the law, comply with legal process served on us, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our website; or (c) to exercise or protect the rights, property, or personal safety of the website, our users, or others.
HOW WE SHARE YOUR INFORMATION
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As a matter of policy, we will not sell or rent information about you and we will not disclose information about you in a manner inconsistent with this Privacy Policy except as required by law or government regulation. We co-operate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.
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We will not share the personal information we collect about you with any third party for their own marketing purposes without your consent. We have contract with third parties prohibiting them from sharing your Personal Information.
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If you do not agree with our Privacy Policy or Terms of Service, please discontinue use of our Service; your continued usage of the Service will signify your assent to and acceptance of our Privacy Policy and Terms of Use.
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WE CAN (AND YOU AUTHORISE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.
ENSURING INFORMATION IS
ACCURATE AND UP TO DATE
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We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
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Let us know if there are any errors in your Personal Information; and
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Keep us up-to-date with changes to your Personal Information such as your name or address.
HOW WE PROTECT YOUR INFORMATION
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We are very concerned about safeguarding the confidentiality of your personal data. We employ administrative, physical and electronic measures designed to protect your information from unauthorised access.
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By using this website or the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website or Services.
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We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
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Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Policy is intended to limit any legal defences or objections that you may have to a third party, including a government’s, request to disclose your information.
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We strictly advise you not to share any personal information regarding your bank account details or other confidential information with any other user on the website and in case you do so, you shall be personally responsible for the same. We shall in no such case be held responsible or liable for the same.
YOUR CHOICES ABOUT YOUR INFORMATION
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You have several choices regarding use of information on our Services:
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Email and Phone Number Communications: We will periodically send you free newsletters and e- mails that directly promote the use of our website, or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
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Changing or Deleting Your Personal Data: You may change any of your personal information by visiting the website and following the directions therein or by emailing us at support@bemunificent.com. You may request deletion of your personal data by us, and we will use commercially reasonable efforts to honour your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
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You may, of course, decline to submit personal data through the website, in which case, we may not be able to provide certain services to you. You can review and correct the information about you that we keep on file by editing your account settings or by contacting us directly at support@bemunificent.com.
CHILDREN’S PRIVACY
Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, phone number, or email address. No one under age 18 may provide any personal data for accessing the Service. In the event that we learn that we have collected personal data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us.
MERGERS AND ACQUISITIONS
In case of a merger or acquisition, we reserve the right to transfer all the information, including personal data, stored with us to the new entity or company thus formed. Any change in the website’s policies and standing will be notified to you through email.
LINKS TO THIRD PARTY WEBSITES
Our website contains links to other websites. The fact that we link to a website is not an endorsement, authorisation or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
NOTIFICATION PROCEDURES
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
DO NOT TRACK
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Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform website and services that they do not want certain information about their webpage visits collected over time and across websites or online services.
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We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the opt-out links. However, we do not recognise or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
OPTING OUT OF INFORMATION SHARING
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We understand and respect that not all users may want to allow us to share their information. If you do not want us to share your information, please contact us through the support@bemunificent.com and we will remove your information as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number.
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However, under the following circumstances, we may still be required to share your personal information:
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if we are responding to court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.
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If we believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law.
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If we believe it is necessary to restrict or inhibit any user from using any of our Site, including, without limitation, by means of “hacking” or defacing any portion thereof.
PHISHING OR FALSE EMAILS
If you receive an unsolicited email that appears to be from us or one of our members that requests personal data (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us on the contact details provided on the website if you get an email like this.
CHANGES TO OUR PRIVACY POLICY
We may update this Privacy Policy and information security procedures from time to time. If these privacy and/or information security procedures materially change at any time in the future, we will post the new changes conspicuously on the website to notify you and provide you with the ability to opt out in accordance with the provisions set forth above.
Continued use of our website and Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
BREACH OF PRIVACY POLICY
We reserve the right to terminate or suspend any account or delete certain contents from any profile or public domain within the ambit of this website if the said account or content is found to be in violation of our privacy policy. We sincerely request you to respect privacy and secrecy concerns of others. The jurisdiction of any breach or dispute shall be determined in accordance with the terms of use of the website.
NO RESERVATIONS
We do not accept any reservation or any type of limited acceptance of our privacy policy. You expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever.
NO CONFLICT
The policy constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
CONTACT US
If you have any questions about this Privacy Policy, our practices relating to the website, or your dealings with us, please contact us at support@bemunificent.com.
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