PATCH CLUBHOUSE TERMS AND CONDITIONS
Pumpkin Patch Direct Limited is currently in RECEIVERSHIP. The Receivers advise that they are unable to provide refunds or credits except to the extent specifically required by any statute. The Receivers shall have no personal liability under or in respect of any sale transaction, and in particular, to the maximum extent permitted by law, any personal liability of the Receivers in respect of any guarantee, warranty or undertaking relating to any goods sold is excluded. In proceeding to complete any sale transaction, the Customer by doing so agrees that the sale transaction and the supply of any goods in relation to it is subject to the terms set out in this clause. To the extent that any aspect of the Terms and Conditions are inconsistent with this clause, this clause prevails.
Becoming a member
1. The Patch Clubhouse Programme is conducted by Pumpkin Patch Limited (“we/us/our”), 439 East Tamaki Road, East Tamaki, Auckland, New Zealand.
2. You may apply for membership of our Programme in any Pumpkin Patch store in Australia, or online at www.pumpkinpatch.com.au.
3. You must provide a valid email address and opt in to receive emails and other electronic messages from us in order to join the Programme.
4. You will receive emails and other communications from us, which will include promotional offer/s. You will also be sent invitations to special events or sales previews. If you choose to opt out of receiving emails, electronic messages or other correspondence from us, you will not be removed from the Programme but this may mean that we are unable to contact you with important information about the Programme.
7. We may at any time verify the eligibility of members, and disqualify any member who tampers with the Programme or the membership benefits (e.g. by creating numerous membership accounts).
General Terms and Conditions of your Membership
13. Participation in the Programme is deemed acceptance of these Terms and Conditions. You will be bound by these Terms and Conditions upon joining the Patch Clubhouse Programme in a Pumpkin Patch store in Australia or by submitting an application online at www.pumpkinpatch.com.au
14. The Programme is not valid with any other discount card or voucher.
15. The Programme is only available for Australian residents aged 18 years or over. Proof of age and/or identity may be requested.
16. Our employees and those of any agencies associated with the Programme (and their immediate families) are ineligible to participate in the Programme.
17. All references to currency or values in these Terms and Conditions are references to Australia dollars.
18 Our decision in relation to all matters arising under the Programme is final and binding, and no correspondence will be entered into.
19. We may cancel, terminate, modify or suspend the Programme at any time without giving any prior notice to you
20. We may in our absolute discretion at any time update these Terms and Conditions without prior notice to you and without liability. Updated Terms and Conditions will be published on our website at www.pumpkinpatch.com.au
21. The laws of Australia apply to these Terms and Conditions and the Programme, to the exclusion of any other law. You submit to the exclusive jurisdiction of the courts of Australia.
22. Except for any liability that cannot be excluded by law, we (including our officers, employees and agents) exclude 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 Programme, including but not limited to where, arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under our control); (b) any theft, unauthorised access or third party interference; (c) any Programme account activation requests, orders, purchase data or reward that is late, lost, altered, damaged or misdirected due to any reason beyond our reasonable control; (d) any tax liability incurred by a member or claimant; or (e) use of a membership reward.
23. Any cost associated with accessing the Programme membership application website is your responsibility and is dependent on the Internet service provider you use.
24 If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
25. We collect personal information in order to process membership applications and conduct the Programme and may, for these purposes, disclose such information to third parties, including but not limited to agents, contractors, and service providers. Participation in the Programme is conditional on providing this information. You authorise us to use the personal information provided for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. Please direct any request to access, update or request the correction of your personal information to our Privacy Officer within our customer service department at email@example.com
Competitions and Promotions
34 From time to time, we run competitions and promotions which will be open to you (in each case, a "Promotion"). The following terms apply to each Promotion (including those specifically mentioned above) unless specified otherwise and in addition to any other terms and conditions published in respect of the Promotion.
- Prizes cannot be transferred or exchanged for cash
- Winners agree to the use of their name, image and photograph/s, by us and/or any other company participating in the Promotion (each a "Promoter"), for publicity and promotional purposes, without compensation, and you agree to make yourself reasonably available for publicity photographs. The Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
- The Promoter reserves the right to change any of the terms and conditions applying to a Promotion or to modify, terminate, suspend or reschedule a Promotion due to an event beyond the Promoter's reasonable control. Any changes to the terms and conditions applying to a Promotion will be updated in the terms and conditions on the Promoter's website www.pumpkinpatch.com.au.
- Neither us nor any other person or party associated with the Promotion will be liable to you for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss and including loss caused by negligence) or personal injury suffered or sustained in connection with either participation in the Promotion or the use of any prize offered, except for any liability which cannot be excluded by law.
- Neither us, nor any other person or party associated with the Promotion is responsible for errors resulting from computer hardware, software or telecommunications errors or failure, or for fraud
- Our decision in relation to any aspects of the Promotion is final and binding on every person who enters and no correspondence will be entered into..
All rights reserved. v8.17.3.