Terms

Australian Watch Club (ABN 96 656 698 010) (“the Club”) memberships are subject to the following terms and conditions which includes the Club’s Code of Conduct – Members and Privacy Policy. 

When used in this document, depending on the context, “Club”, “we,” “our” and “us” refers to Australian Watch Club. 

Upfront payment memberships are subject to automatic renewal each year unless members opt out by the notified deadline. See Clause 10 for further details and terms. The Club may from time to time where reasonably necessary (and subject to applicable State and Territory Laws and the Australian Consumer Law) vary the terms and conditions of Club Membership. The Club will communicate any change to its membership terms and conditions via email and published in the members’ section online. Any changes will be effective at the time of posting. Except for any rights that members may have under applicable State or Territory Laws and the Australian Consumer Law, members will have no claim against the Club by reason of any change made to its membership terms and conditions. The Club reserves its right not to accept any membership application form in its absolute discretion. 

Terms of Membership – Subject to the following terms and conditions, your Club membership will entitle you to the benefits of Club membership from the receipt of your membership payment for 12 months. 

Membership Fees – All membership fees are for 12-months and must be paid in full up front at the commencement of your membership. Membership is non-refundable and non-transferrable. You may cancel your authority to us to debit your account at any time by giving us 10 business days’ notice in writing before the next debit payment to be made. Your responsibility – It is your responsibility to ensure that: i) there are sufficient cleared funds available in your nominated account to allow a debit payment to be made, and ii) the authorisation to debit the nominated account is in the same name as the account signing instruction held by the financial institution, and iii) suitable arrangements are made if the direct debit is cancelled by yourself, your financial institution or for any other reason. Your membership for the following 12-month period will not be confirmed until payment has been processed.  

If your payment is returned or dishonoured by your financial institution, you will receive notification requesting immediate payment. Any fees levied to you by your financial institution will be payable by you. It is your responsibility to ensure all contact details are correct at all times and to update them if they change. 

Australian Watch Club may suspend or cancel your membership if on two consecutive occasions your payment is dishonoured by your financial institution. 

You will be notified if we suspend or cancel your membership and your login will be blocked until the membership payments are brought up to date. Please note that at least 24 hours will be needed to reinstate your membership once payment is received. 

If your membership is suspended or cancelled, all membership benefits including access to Australian Watch Insurance will be suspended.This may affect the validity of your insurance policy with Australian Watch Insurance. Please refer to the Australian Watch Insurance policy for more details. 

Termination – 30 days written notice is required to terminate your membership. The membership can be used up to and until it becomes non-financial. 

Membership Fee Increases – The Club reserves the right at any time to increase or vary any, or all fees. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Australian Watch Club to increase any direct debits to your nominated credit card or bank account. 

Change of Personal Details – You agree to inform Australian Watch Club of any changes to your personal details including address, contact numbers, email, bank account or credit card details for payment and any other information relevant to your membership. 

Misconduct/ Breaches – Australian Watch Club reserve the right to refuse any person, and to suspend your Australian Watch Club membership and entitlements to and benefits thereto associated, without warning or notice, for any harassment, inappropriate or threatening behaviour, to any party including any member or staff member of Australian Watch Club, and any action causing wilful damage, risk to life or property, creation of hazardous circumstance to Australian Watch Club brand, assets or equipment in its facilities. Furthermore, other than the CEO, no member is authorised to speak on behalf of the organisation, speak to the media or act in any way that may be considered misconduct. Any breach or failure to comply with membership terms and conditions or unreasonable behaviour breaching the terms and conditions may result in the immediate suspension or termination of your Australian Watch Club membership dependent on the discretion of the CEO. Australian Watch Club shall be entitled to claim for any losses, costs, expenses and legal costs on and indemnity basis of whatsoever nature that may be incurred as a result for Your failure to comply with The Terms. 

Member perks/ Third party vendors with whom we foster separate agreements, all have separate terms and conditions that apply to the use of the respective platforms and must be adhered to and are available on their respective websites. 

Refund Policy – Subject to the Australian Consumer Law, once a membership has been purchased, memberships are non-refundable. Subject to the Australian Consumer Law, there will be no refunds available if you wish to terminate your membership prior to the end of your agreement. 

Cancellation Policy – Club memberships are valid for 12 months from the date of joining. By becoming a member of the Club, you agree to this period of membership. 

In exceptional circumstances, if a member wishes to cancel their membership, the Club will advise the member to submit a written request to Club Membership Services via email to memberservices@australianwatchclub.com.au for consideration at its discretion. 

Australian Watch Club reserves the right to cancel or suspend a Club membership without refund of any member that breaches any of the terms and conditions of membership (including where that member attempts to transfer or sell their Club membership and/or associated benefits). Any membership cancelled by the Club will result in consecutive years of membership being ceased. 

Australian Watch Club reserves its right to cancel a member’s Club membership without a refund where that member is deemed by the Club to have breached these terms and conditions (including where that member attempts to transfer or sell their Club membership and/or associated benefits). 

Membership Promotions – Australian Watch Club can introduce new promotions and offers to members. Any member who has purchased membership prior to these offers will not be able to request a refund for membership or have the promotion apply to their membership. Australian Watch Club may launch or participate in other marketing campaigns or promotions for members. These campaigns or promotions will be subject to individual terms and conditions. 

It is a condition of membership that you always comply with the Club Code of Conduct – Member while attending any Club events, get-togethers, or functions. Any failure to comply with the Club Code of Conduct, may result in the immediate suspension or cancellation of your membership at the Club’s discretion. You will not be entitled to any refund if your membership is suspended or cancelled in these circumstances. 

General Venue Rules – Club members must adhere to all rules, policy and restrictions imposed by the venues attended by the Club member including providing their bags for inspection and allowing physical security checks. All venues are smoke-free. 

Australian Watch Club respects your privacy. All personal information we collect about you and individuals whose information you provide to the Club, will be used and disclosed by the Club for the purpose of processing member applications and administering Club memberships as well as on behalf of selected third parties in accordance with our Club Privacy Policy which you agree will apply when you sign up as a Club member. Our Privacy Policy can be found on the website under the Privacy Policy section. 

Australian Watch Club may also use personal information we collect from you, for promotional and direct marketing purposes and other uses and disclosures as specified in our Privacy Policy. Your personal information is kept securely and treated confidentially. 

Although you may choose not to provide us with your information or to only provide us with certain information, please be aware that this choice will affect the type and quality of service we provide to you, the processing of your membership and it may also result in delays. 

Feedback and Complaints – We are committed to assisting you with any concerns you may have. Feedback forms are available, and complaints should be directed, in the first instance, to the Australian Watch Club member services who will endeavour to contact you within 7 days to discuss and resolve your complaint. Should you feel that your complaint has not been resolved effectively, you may wish to take up the matter with the CEO. The CEO’s decision is final. 

Severability – (i) If any provision of this Agreement is, or at any time, becomes prohibited by or unlawful under any applicable law, or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as possible, without having any effect on the remaining provisions of this Agreement. (ii) The remaining provisions of this Agreement will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect. 

Entire Agreement – The Parties hereto covenant and agree that this document embodies the sole and entire document and understanding between them and relevant to the subject matter herein contained and supersedes all prior understandings, deeds, agreements, condition or representations whether oral or written, express or implied with reference to the subject matter hereof. Save in so far as the same may have been performed or satisfied in full as at execution of this Agreement, the terms and covenants conditions, provisions, agreements, stipulations, obligations, representations, warranties, undertakings and agreements contained in this Agreement, continue in full force and effect execution of this Agreement, and do not merge on execution. Further Assurances – Each of the parties hereto will do, execute, provide, acknowledge and deliver all and every such further acts, deeds, matters, assignments, charges, guarantees, covenants, assurances, documents and thing as shall reasonably be required fo the purposes and intentions of this Agreement. Counterparts – This Agreement may be executed in counter parts. If this document is executed in counter parts, each counter part is an original and all of the counter parts together constitute this Agreement. Notices – Any notice to the served by one party on the other under this Agreement must be in writing and is deemed to have been duly served if given: (i) by mail, two (2) business days after it is posted where the party’s last known address in the Commonwealth of Australia, and five (5) business days after it is posted by airmail where the party’s last known address is outside the Commonwealth of Australia; or (ii) by hand, at the time it is left at the party’s last known place of residence or business; or (iii) by email, upon receipt or the answer back; Or such earlier time if acknowledged by the receiving party. 

Intellectual Property/Trademarks – All brands or trademarks remain the ownership of Australian Watch Club and must not be misused in any way. Nothing contained within the website should be construed as granting any license or the right to use any trademark without the prior written consent of Australian Watch Club. These terms and conditions do not give you any intellectual property rights at Australian Watch Club, or in our services or products. 

Privacy Statement and Acknowledgement – During the process of entering into the contract with you and during the term of the contract we will obtain access to your personal information. We, and the direct debit service provider, will only use, disclose or deal with such information in accordance with the Australian Watch Club privacy policy. 

Variation – Australian Watch Club may alter these terms and conditions at any time upon thirty days written notice. If you continue to use Australian Watch Club services and products after the date such alterations become effective you agree to the altered terms and conditions, and you will be deemed to have agreed to the altered terms and conditions. 

General Disclaimer – To the fullest extent permitted by law (including without limitation the Australian Consumer Law) the Club shall in no circumstance be liable to you for any direct or consequential losses or any loss (whether direct or indirect) arising out of your purchase of or participation in Club membership, except to the extent the loss is caused by the Club’s breach of these terms and conditions, its negligence or wilful default. 

Compliance – You must ensure you read, understand and abide by the terms and conditions provided by Australian Watch Club as required. 

Please read carefully. When you join us, these conditions are deemed to have been accepted by all members who use our services. The Australian Watch Club Staff are authorised to ensure that members comply with these Terms and Conditions.