Promotional Terms & Conditions 

Promotion name Get Your Concert Look Promotion
Eligible States/Territories NSW, QLD, VIC
Promotion period Start: 05 Feb 2024 12:00 PM
End: 21 Feb 2024 11:59 PM
No entries will be accepted outside this time.
Website address https://www.instagram.com/byscosmetics/
Promoter GFA Pty Ltd / BYS Cosmetics
ABN: 81 006 436 362
61 Sunmore Close
Heatheron VIC 3202
Eligible entrants Entry to the Promotion is open to Australian residents in all eligible states/territories
who fulfil the method of entry requirements and are 18 years of age or older.
Details of prizes MAJOR PRIZE 1
2 x GA1 Golden Circle Standing tickets to the Pink Summer Carnival Tour at Allianz
Stadium on Sat 10 Feb 2024 (NSW) TOTAL: $619.75
MAJOR PRIZE 2
2 x Golden Circle Pod 1 General Admission tickets to the Pink Summer Carnival
Tour at Marvel Stadium on Tue 12 Mar 2024 (VIC) TOTAL: $621.16
MAJOR PRIZE 3
2 x GAGOLDEN2 Golden Circle Standing tickets to the Pink Summer Carnival Tour
at Suncorp Stadium on Tue 19 Mar 2024 (QLD) TOTAL: $630.05
MAJOR PRIZE BONUS
Get Your Concert Look Glam Prize Packs for each concert winners (6). Each Glam
Pack contains BYS Cosmetics and Accessories from the Get the Concert Look
range valued at RRP $115.35. TOTAL: $692.10
RUNNER UP PRIZES
10 x Get Your Concert Look Glam Prize Packs. Each Glam Pack contains BYS
Cosmetics and accessories from the Get the Concert Look range valued at RRP
$115.35. TOTAL: $1153.50
All Pink Summer Carnival Tour tickets winners are financially responsible for their
own travel costs to and from the concert venue.
Total number of prizes 13
Total prize value Total prize pool (inc GST): $3,716.56
Method of entry To enter, an entrant must, during the promotional period:
Visit the BYS Cosmetics Australia Instagram page and complete the required
details on the online entry form, in accordance with any instructions on the
Instagram post.
To enter the competition:
– Follow @byscosmetics and @bigwaustralia on Instagram
– Like and Save the Get Your Concert Look post on the @byscosmetics Instagram
– Tag a friend with their preferred location – Sydney, Melbourne or Brisbane.
– Your friend must also @byscosmetics and @bigwaustralia on Instagram
– Share @byscosmetics Instagram post to your stories

Competition Closed 
Major Prize Winners 
NSW – @travellers.timeline
VIC – @stav.m_melbournecitygal 
QLD – @meeannadee

Runner Up Prize Winners 
@_mattersof theheart 
@realworlddaria
@yvonneryan11
@bellbonello
@melbourne_girl_x
@mollyoates_
@sunnylife_4eva
@littlejesska
@miso_hungrie
@angellifeu

Terms & Conditions of entry

1. Information on how to enter and prize details form part of these terms & conditions (Terms of
entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the
terminology used in these Terms of entry. Where there is any inconsistency between these
Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed
acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of
entry. Directors, officers, management, employees, suppliers (including prize suppliers) and
contractors (and the immediate families of directors, officers, management, employees, suppliers
and contractors) of the Promoter and of its related bodies corporate, and of the agencies and
companies associated with this Promotion, including the competition permit providers TPAL
(Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of
the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent,
step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The time zone applicable to any time stated, relates to the state or territory where the Promoter is
located, unless expressly stated to the contrary.
5. The Prize/s are specified in the Details of prizes section of the Schedule.
6. The total prize pool is specified in the Total prize value section of the Schedule.
7. If the prize winner of the Event prize has not confirmed their availability to take the prize on the
specified dates by the specified time and date, the prize winner’s entry will be deemed invalid.
The Promoter reserves the right to conduct a further draw to award the prize, subject to any
directions given by any relevant authority.
8. Neither the Promoter nor any company or agency associated with the Event accepts
responsibility for the cancellation or delay of the Event for any reason beyond their control or any
inability of the winner to attend the Event when scheduled.
9. If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner
and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the
event and no cash or alternative tickets will be substituted for that element of the prize.
10. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen,
forged, lost, damaged or tampered with in any way.
11. Entrants are advised that tax implications may arise from their prize winnings and they should
seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no
responsibility for any tax implications that may arise from accepting a prize. Entrants are
responsible for any and all expenses that they incur in entering the competition and they will not
be reimbursed regardless of whether or not they win the competition.
12. The entrants must follow the Method of entry during the Promotion period to enter the Promotion.
Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry
is deemed invalid.
13. The time of entry will be deemed to be the time the entry is received by the Promoter.
14. Entrants may submit up to the Maximum number of entries (if applicable).
15. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly
submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to
omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication
network or medium, or otherwise including those entries not received by the Promoter for any
reason. The Promoter is not liable for any consequences of user error including (without
limitation) costs incurred. No correspondence will be entered into.
16. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize
draw details. The Promoter may draw additional reserve entries (and record them in order). In the
event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize,
the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the
entrant drawn, the promoter will then continue this process until the prize is awarded.
17. The winner does not need to be present at the draw unless expressly stated to the contrary.
18. The winner(s) will be notified in accordance with the Notification of winners and Notification of
unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be
deemed to have occurred on the later of the time the winner receives actual notification from the
Promoter or two business days thereafter. The notification will include details about how the
prize(s) can be claimed.
19. The Promoter takes no responsibility where it is unable to contact prize winners who have not
provided correct or complete contact details. If an entrant’s contact details change during the
promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any
entry information should be directed to Promoter.
20. It is a condition of accepting any prize that the winner must comply with all the conditions of use
of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no
compensation will be payable if a winner is unable to use the prize as stated.
21. The winner(s) name and state/territory of residence will be published in accordance with the
Public announcement of winners section of the Schedule (if applicable).
22. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to
any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize
draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the
event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of
the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of
the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the
Unclaimed prize draw will be published in accordance with the section of the Schedule entitled
Public announcement of winners from unclaimed prize draw. If a prize is no longer available the
promoter may substitute with a prize of higher or equal value subject to any written directions
from a regulatory authority. The promoter is not allowed to deduct any administrative costs
associated with provision of the prize.
23. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or
guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties
which may have been made in the course of advertising or promoting the Promotion. The conduct
of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no
Warranties and disclaims all liability in connection with any such third parties, their acts or
omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its
related bodies corporate (including the officers, employees and agents of each) from and against
all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or
that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a
direct or indirect result of an entrant entering or participating in the Promotion or winning or failing
to win a prize, or using or permitting any other person to use the prize, except for any liability
which cannot be excluded by law or which would cause any part of this clause to be void or
unenforceable.
24. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which
implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s
liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those
goods or services.
25. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have
any liability to the other for any loss or damage suffered which is indirect or consequential in
nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of
business opportunity.
26. The Promoter and its associated agencies and companies will not be liable for any delay,
damage, or loss in transit of prizes.
27. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry,
or cancel the entire Promotion at any time without giving reasons and without liability to any
entrants, subject to any written directions from a regulatory authority. Without limiting this the
Promoter reserves the right to verify the validity of entries, prize claims and entrants and to
disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance
with these Terms of entry or who manipulates or tampers with the entry process. In the event that
a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute
will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by
the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be
taken as cash, subject to any written directions from a regulatory authority. Where a prize is
unavailable for any reason, the Promoter may substitute the prize for another item of equal or
higher value subject to any written directions from a regulatory authority. The Promoter accepts
no responsibility for any variation in prize value (including between advertising of the Promotion
and receipt of the prize).
29. In the case of the intervention of any outside act, agent or event which prevents or significantly
hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with
the Promotion on the dates and in the manner described in these Terms of entry, including but
not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism,
the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the
event and, in addition, the Promoter may in its absolute discretion cancel the promotion and
recommence it from the start on the same conditions, subject to approval of the relevant
authorities.
30. All entries become the property of the Promoter. As a condition of entering into this Promotion,
entrants agree to assign all their rights in and to their entry and any related content to the
Promoter, including any copyright or other intellectual property rights in the entry and related
content. Without limiting this, the Promoter may use entry content for any and all purposes
including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third
parties. The Promoter has no obligation to credit you as the author of any content submitted and
may otherwise do any acts or omissions which would otherwise constitute an infringement of any
moral rights you may have as an author of content.
31. Entrants consent to the Promoter using the personal information provided in connection with this
promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes,
including to third parties involved in the promotion and any relevant authorities. In addition to any
use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties
may, for an indefinite period, unless otherwise advised, use the private information for
promotional, marketing, publicity, research and profiling purposes, including sending electronic
messages or telephoning the entrant.
32. The collection and disclosure of personal information provided in connection with this promotion
will be handled in accordance with the Promoter’s Privacy statement which adheres to the
Privacy Act 1988 (cth) and Australian Privacy Principles.
33. The Promotion and these Terms of entry will be governed by the law of the State or Territory in
which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and
tribunals of that State or Territory in connection with disputes concerning the Promotion.
34. Facebook, YouTube, Instagram, TikTok or Snapchat may be used to advertise or promote the
Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored,
endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or
Snapchat; and to release Facebook, YouTube, Instagram, TikTok or Snapchat from all liability in
relation to this Promotion. Any questions, comments or complaints regarding the Promotion
should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok or Snapchat.
35. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Live Nation or P!nk’s Summer Carnival Tour; and to release Live Nation or P!nk’s Summer Carnival Tour from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Live Nation or P!nk’s Summer Carnival Tour.

Website Terms and Conditions of Use

1. About the Website

1.1.Welcome to www.bys.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

1.2.The Website is operated by GFA (Aust) Pty Ltd PTY. LTD. (ABN 81 006 436 362). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by GFA (Aust) Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services,immediately.

1.3.GFA (Aust) Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GFA (Aust) Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by GFA (Aust) Pty Ltd in the user interface.

3. Registration to use the Purchase Services

3.1.In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address

(b) a mailing address

(c) a telephone number

(d) a password.

3.2. You warrant that any information you give to GFA (Aust) Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with GFA (Aust) Pty Ltd; or

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

4. Your obligations as a Member

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

You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify GFA (Aust) Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of GFA (Aust) Pty Ltd providing the Purchase Services;

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

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by GFA (Aust) Pty Ltd for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

5.2. Payment of the Purchase Price may be made through one of the following third party providers:

(a) Paypal

(b) SecurePay (the ‘Payment Gateway Providers’)

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by GFA (Aust) Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and GFA (Aust) Pty Ltd may record your purchase details for future use.

5.4. GFA (Aust) Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

6.1. GFA (Aust) Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 1 from the date of purchase (the ‘Warranty Period’).

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to GFA (Aust) Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to GFA (Aust) Pty Ltd at 61 Sunmore Close, Heatherton, VIC 3202, Australia or by email at ecommerce@bys.com.au.

6.4. Where the Warranty Claim is accepted then GFA (Aust) Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by GFA (Aust) Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by GFA (Aust) Pty Ltd integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).

7.2. In providing the Purchase Services, GFA (Aust) Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that GFA (Aust) Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

7.3. In the event that an item is lost or damaged in the course of the Delivery Services, GFA (Aust) Pty Ltd asks that you:

(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(b) contact us by sending an email to ecommerce@bys.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of GFA (Aust) Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by GFA (Aust) Pty Ltd or its contributors.

8.2. GFA (Aust) Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of GFA (Aust) Pty Ltd; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

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

8.3. You may not, without the prior written permission of GFA (Aust) Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

GFA (Aust) Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to GFA (Aust) Pty Ltd’s Privacy Policy, which is available at www.bys.com.au/privacy-policy.

10. General Disclaimer

10.1. You acknowledge that GFA (Aust) Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

10.2. GFA (Aust) Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

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

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

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

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

10.5. Use of the Website, the Purchase Services, and any of the products of GFA (Aust) Pty Ltd (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of GFA (Aust) Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of GFA (Aust) Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of GFA (Aust) Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

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

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d) the Content or operation in respect to links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1. GFA (Aust) Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of GFA (Aust) Pty Ltd is the resupply of information or Purchase Services to you.

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

11.3. GFA (Aust) Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of GFA (Aust) Pty Ltd, by third parties or by any of the Purchase Services offered by GFA (Aust) Pty Ltd.

11.4. You acknowledge that GFA (Aust) Pty Ltd does not provide the Delivery Services to you and you agree that GFA (Aust) Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination ofContract

12.1. The Terms will continue to apply until terminated by either you or by GFA (Aust) Pty Ltd as set out below.

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

(a) notifying GFA (Aust) Pty Ltd at any time; and

(b) closing your accounts for all of the Purchase Services which you use, where GFA (Aust) Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to GFA (Aust) Pty Ltd via the ‘Contact Us’ link on our homepage.

12.3. GFA (Aust) Pty Ltd may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) GFA (Aust) Pty Ltd is required to do so by law;

(c) the partner with whom GFA (Aust) Pty Ltd offered the Purchase Services to you has terminated its relationship with GFA (Aust) Pty Ltd or ceased to offer the Purchase Services to you;

(d) GFA (Aust) Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Purchase Services to you by GFA (Aust) Pty Ltd is, in the opinion of GFA (Aust) Pty Ltd, no longer commercially viable.

12.4. Subject to local applicable laws, GFA (Aust) Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts GFA (Aust) Pty Ltd’s name or reputation or violates the rights of those of another party.

12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and GFA (Aust) Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

13.1. You agree to indemnify GFA (Aust) Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c) any breach of the Terms.

14. DisputeResolution

14.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

14.2. Notice:

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

14.3. Resolution:

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

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the ACCC or his or her nominee;

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

(d) The mediation will be held in Victoria, Australia.

14.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation:

If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue andJurisdiction

The Purchase Services offered by GFA (Aust) Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law

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

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

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