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Terms and Conditions

WORKSFUN™ PTY LTD

TERMS & CONDITIONS

USER AGREEMENT

Welcome to Worksfun™.

Please take the time to read these Terms and Conditions. If you do not agree with these Terms and Conditions you must not access this website.

In these Terms and Conditions, “you”, “user”, “member”, "guest" means anyone who visits, uses, or joins this website. “We’, “us”, “our”, means Worksfun Pty Ltd (ACN 147 418 880) and “website” means worksfun.com.au.

These terms and conditions apply to the use of this website. Your access and/or use of this website constitutes your acceptance of these terms and conditions and forms an agreement between us and you.

1. Membership and Accounts

1.1 In order to use the various functions of the website you need to complete the membership application for and then once your email is verified activate your account. Becoming a member will enable you to interact with the website using Simple Chef and the Noticeboard, have access to member only vouchers and deals, offers, gifts and advertisements in Fun 2 Work and Fun 2B Fit, Lucky Door prizes and the Trivia Challenge.

1.2 You do not have to be a member to place orders (vouchers, coupons, deals) on the Staff Shop, you can access as a guest. You will need to register your details in order to complete the order, however you will need to become a member to be entitled to any further discounts or member only vouchers or deals.

1.3 You agree to provide accurate and complete information about yourself and to keep this information up-to-date.

1.4 We reserve the right to restrict use of the website or cancel a membership if there has been a breach of the terms and conditions without notice. You must update your place of employment and email address immediately it changes otherwise you are in breach of the Terms and Conditions.

1.5 You agree to be solely responsible for the activity on your account and for keeping your log in and password details secure.

2. Legal Capacity

2.1 All members must be over 16 to use Simple Chef, Trivia Challenge, Noticeboard.

2.2 All users of Staff Shop must be over 18. All members using Fun 2 Work and Fun 2B Fit must be over 18. My placing an order or using deals, vouchers, or coupons you warrant to Worksfun that you are over 18 and that you are entering into a contract with Worksfun in respect to that deal, voucher, or coupon.

3. Limitation of Liability

3.1 Certain statutory warranties under consumer protection laws will be implied for your benefit. Nothing in these Terms & Conditions is intended to exclude or restrict the application of such laws but Worksfun does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, neither Worksfun nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:


3.1.1 to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
3.1.2 for disruptions to this Website; and
3.1.3 to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

3.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of Worksfun for such a claim will (at Worksfun’s option and to the extent permitted by law) be limited to:

3.2.1 in the case of goods: (a) repairing or replacing those goods; or (b) paying the cost of having those goods repaired or replaced; and

3.2.2 If the breach relates to services: (d) resupplying those or equivalent services; or (d) paying the cost of having those services resupplied. 

4. Indemnity

You will at all times indemnify, and keep indemnified, Worksfun and its directors, officers, employees, agents and related bodies corporate(as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Worksfun  arising from any claim, demand, suit, action or proceeding by any person against you or Worksfun where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct or your breach of any Voucher, coupon or deal code specific Terms and Conditions, these Terms & Conditions of Use, User Agreements, Merchants Terms and Conditions and policies, and Club Partners Terms and Conditions. 

5. Website Information

5.1 Although we use our best efforts to confirm the accuracy of any information supplied to us by merchants, supplier, club partners or other third parties, you agree that we cannot be held responsible for errors or inaccuracies caused by incorrect information supplied to us relating to goods and services or for changes to product specifications and design.

5.2 You agree that you are responsible for making your own reasonable enquiries to verify information we publish about particular goods and services and to assess the suitability of products and services before you purchase.

5.3 Photographs or pictures are for illustrative purposes only and may not be identical to the products or services described in the website.

6. Links to Third Party Websites

6.1 This website may contain links to other websites. The links are provided for your convenience only and may not be maintained by us.

6.2 We do not endorse nor support, recommend or approve the third party websites, its content or business offers unless expressly stated by us.

6.3 You should review the privacy policy and terms and conditions of those third party websites.

USER AGREEMENT – Terms of Use

7. Trivia Challenge & Lucky Door Prize

7.1 By participating in the trivia challenge you agree to be bound by the Worksfun terms and conditions

7.2 The trivia challenge is a fun game for members only based on skill and is designed for entertainment purposes. It awards points to a member’s workplace which is published on the website in the form of a Leader board. Points are award to the member as well and stores their score on the database but are not shown on the website but maybe mentioned from time to time as part of the “What’s News” section. Only the member’s first name and workplace will be published, no other personal information will be published.

7.3 The first correct answer received by Worksfun will be the winner of that day’s round

7.4 Prizes, rewards and/or recognition may be provided by Worksfun at the total discretion of Worksfun. Worksfun does not guarantee the availability of prizes or contribution of prizes, types of prizes or value of prizes. Notification will be sent to the successful member by email

7.5 Worksfun can at its discretion provide prizes, rewards, recognition for efforts, participation or contribution to Trivia challenge at its discretion and may vary these from time to time. Notification will be sent to the successful member by email. Prizes cannot be exchanged, redeemed for cash, given credit or modified from the original offer. Only the original manufacturer's warranty applies to all prizes. Worksfun is not liable under any circumstance for the prize suitablity, performance, use or misuse. The winner is solely responsible for the use, set-up, installation and suitability of the prize.  In the event a winner declines the prize they may return it into the prize pool or nominate a charity to receive the prize. On transfer of the prize , all conditions remain in place for the new recipient.

7.6 Members with the first correct answer will be notified by email.

7.7 If the winner of a prize has not provided personal information to enable the delivery of the prize, then this will be requested by email and required in order to provide the prize. No prizes can be picked up or sent to a PO Box. It must be sent to a physical address.

7.8 Worksfun may at its discretion provide from time to time prizes, rewards and/or recognition to the winning workplace.

7.9 Worksfun is not responsible, and cannot be held liable in any way whatsoever, for delays in transmission of trivia answers, ISP malfunctions or delays, individual’s workplace network downtime or malfunctions, workplace spam filtering, computer malfunctions or general delays that can be experienced by the internet, systems and software.

7.10 Worksfun decisions in relation to the winning answer are final and no correspondence will be entered into. Worksfun can determine the start date and the end date of each competition round at its sole discretion.

7.11 Lucky Door Prize - is a fun concept designed to provide members with prizes. There is no set time for drawing the prize, no guarantee of the prize value, frequency of offer, or quality of product.

7.12 The draw for the Lucky Door Prize is totally random, generated by the computer from the membership list. The winner will be notified by email. The first name and workplace of the winner will be published on the website, in the newsletter and on the Worksfun Facebook page.

7.13 If the winner of a prize has not provided personal information to enable the delivery of the prize, then this will be requested by email and required in order to provide the prize. No prizes can be picked up or sent to a PO Box. It must be sent to a physical address.

7.14 Prizes will be sent by Australia Post or by courier at the discretion of Worksfun.

7.15 Prizes cannot be exchanged, redeemed for cash, given credit or modified from the original offer. Only the original manufacturer's warranty applies to all prizes. Worksfun is not liable under any circumstance for the prize suitability, performance, use or misuse. The winner is solely responsible for the use, set-up, installation and suitability of the prize.  In the event a winner declines the prize they may return it into the prize pool or nominate a charity to receive the prize. On transfer of the prize, all conditions remain in place for the new recipient.

8. Simple Chef

8.1 This user agreement also applies to the posting of user recipes and review/comments. Breaches of the user agreement may result in comments being removed, recipes being removed and user having their membership restricted or deleted without warning

8.2 Simple Chef recipes and comments are strictly for members use only. The menu planner and recipes can be printed for personal use only. Please refer to the Copyright policy located in this website.

8.3 You agree by providing, typing or publishing recipes to Simple Chef that they are original work and do not infringe upon the copyright of any other person or party.

8.4 Member’s recipes and comments submitted to Worksfun will remain the property of Worksfun for use as seen fit by Worksfun. This includes but is not limited to, use elsewhere in the website, any extension of Worksfun operations, publications, books, magazines or other electronic forms. Worksfun will not be held liable for payment, fees, royalties, licensing or any other form of payment for worldwide use nor does Worksfun need to provide credit or acknowledgement to the provider of the recipes.

8.5 Please be advised that the Worksfun reserves the right to ban a user at any time, without notice.

8.6 Worksfun, at its discretion, can edit, modify, and delete recipes and comments due to inappropriate language, inappropriate material, offensive or degrading in any way to anyone. Worksfun does not guarantee that member’s recipes and comments will be published.

9. Noticeboard

9.1 This user agreement applies to the posting of notes to the Worksfun Noticeboard

9.2 Notes posted on the Worksfun Noticeboard can be viewed by all members of Worksfun.

9.3. User first name only and a time log will be published on each note you submit

9.4 Members can edit/delete only their own messages. Members can report other messages to the Worksfun administrator if they deem those messages to be an offence to other individuals or to their workplace, to contain offensive language, degrading material to others or any other inappropriate material. The Administrator has the right to edit or delete such notes and may restrict or cancel the offending member’s membership without notice

9.5 Members should remember to treat the Noticeboard like any other internal workplace communication and respect their colleagues, their workplace and other members.

9.6 All notes on the Noticeboard will not be used by Worksfun for any promotional material and will not be published or reproduced without the member's written consent.

9.7 Worksfun can suspend or cancel your membership if you are no longer employed by the stated workplace and have not updated their profile.

10. Vouchers, Coupons, Orders, Deals

10.1 We provide our members and guests the opportunity to purchase vouchers, coupons, deals, gift vouchers, unique deal code, hyperlink (herein known as vouchers) from third parties (merchants). By placing an order for a voucher(s) you agree to receive and be charged for the voucher either once the minimum quantity of offers has been reached, or you chose the voucher offer/deal or you purchase a gift voucher within the parameters of the voucher offer (time period, minimum quota, validity dates of use)

10.2 Offers for products and services made by us via the website do not constitute an offer to sell but an invitation to treat only.

10.3 Once you have made an order to purchase a voucher on the website, and confirmed your order, you cannot cancel that order.

10.4 You commit to the purchase a voucher based on the specific terms and conditions, place of redemption and other special conditions of that voucher and otherwise on the terms and conditions set out in this policy.

10.5 We reserve the right to accept or reject your offer to purchase for any reason whatsoever; in the case of an order cancellation we will charge-back the full purchase price, if one has been made, to your credit card or payment facility.

10.6 Your offer to purchase and the issuing of a voucher will only occur when

  1. Full payment is received and recorded on our database, and/or the minimum quote has been met, and/or the time limit has not expired.
  2. You have met all of the requirements set out in these terms and conditions
  3. You will be notified by email to confirm your order and payment.

10.7 To the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website or any failure to receive an electronic instruction for whatever reason. We will treat all electronic transmissions as authentic and by the authorised person and we are under no obligation to verify the accuracy or completeness of such electronic instructions.

11. Refunds

11.1 Please choose carefully as refunds are not normally provided where you have simply changed your mind, made the wrong selection or simply found a cheaper price elsewhere. If the minimum quota has not been reached or if the stock is sold out, we will charge-back the full purchase price to your credit card.

11.2 You will not be entitled to any consideration, credit or full or partial refund on the purchase price of an issued voucher except as required by law.

12. Terms of Vouchers

12.1 Price shown on the website and on vouchers is in Australian dollars and includes GST where applicable. Delivery and handling charges may not be include in the price, but may be shown separately and are subject to change. Savings are off the Merchants recommended price as advised to us.  We reserve the right to correct any errors.

12.2 All payments must be made in full.

12.3 Goods and services will be supplied and/or delivered as shown on your order confirmation or voucher. Personal pick up is not available on any goods.  Dispatch will normally be within 3-10 days, however, this may vary depending on your location, seasonality constraints or factors outside of our control. Regional or remote areas may be greater than 10 days delivery time.

12.4 The delivery address cannot be a PO Box or a freight forwarding location and must be within Australia. You must inform us of any special delivery instructions 48 hours prior to delivery and for some products you may need to accept the delivery in person. We cannot accept responsibility for delays or delivery issues by our third party delivery contractors.

12.5 Title and risk in the products, such as loss and damage pass to you on delivery.

12.6 The Merchant is solely responsible for providing the product or service as stipulated on the voucher and not us.

13. General Terms and Conditions for Vouchers

13.1 Vouchers are not redeemable for cash

13.2 Lost or stolen vouchers will not be replaced. We are neither liable nor responsible if this happens.

13.3 The expiration date of the voucher will be published on the voucher and on the website. All vouchers not redeemed by the expiration date will be considered void and will not be honoured by us or the Merchant. No full or part refund is applicable to expired vouchers.

13.4 Vouchers may not be resold or offered for resale, duplicated, traded, exchanged, and used to promote other goods and services, used in any form of advertising or for commercial purposes.

13.5 If for any reason you do not or cannot use or redeem a voucher you have purchased in full, you will not be entitled to any consideration, full or partial refund, exchange, credit or other substitution on the purchase price of that Voucher, except as required by law.

13.6 Where vouchers have specific conditions, advance bookings, or limited operational hours you may need to organise the details of your voucher in advance to your request is met as best as possible. We cannot guarantee that services will be available to you at your preferred date and time. The specific details of the service or products on the Voucher cannot be altered, amended or modified in any way unless prior approval by the Merchant and only after full payment has been received and the voucher is activated. We cannot negotiate or be involved in any changes to the voucher unless covered by these terms and conditions.

14. Additional Terms and Conditions.

14.1 We reserve the right to amend, vary and/or replace these Terms and Conditions at any time and from time to time at our sole discretion. Your continued use of the website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms and Conditions.

14.2 The Privacy policy and Copyright policy form part of these Terms and Conditions.

14.3 If any of these terms and conditions are found to be unlawful, unenforceable or invalid, that those provisions will be deemed to be severed from these terms and conditions and the remaining terms and conditions will remain in force and constitute the agreement between us and you. If we fail to exercise or enforce or validate any right or provision under these terms and conditions will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Worksfun.

15. Force Majeure

We will not be liable for any delay in performing and of our obligations if such delay is caused by circumstances beyond the reasonable control, including but not limited to, failure of or interruption in the provision of essential websites such as electricity supply, bank payment systems or postal deliveries.

16. Governing Law

16.1 These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

16.2 If you access the website in a jurisdiction outside of New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We do not make representation that the website and its contents comply with the laws of any country outside of Australia.

17. Transfer and Assignment

If Worksfun sells, mergers or otherwise changes control of its business or this website to a third party, we reserve the right to transfer or assign the personal information, content and rights and the current status of the business, that we have collected from you and agreements or contracts we have made with you, without giving notice or requesting consent.

18. Contact

You can contact us by email or online at contact@worksfun.com.au or by mail at: Worksfun™, PO BOX 340, Kogarah, NSW, 1485.