THE SUPER CHALLENGE TERMS & CONDITIONS AGREEMENT
LAST REVISION: 1st April 2023
This Terms & Conditions Agreement (the “Agreement”) governs your use of this website, www.thesuperchallenge.com (the “Website”), The Super Challenge offer of products & or services for purchase on this Website, or your purchase of products & or services available on this Website. The Super Challenge reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Super Challenge will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Super Challenge encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
PRODUCTS & SERVICES
Terms of Offer. This Website offers for sale certain products and services (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify The Super Challenge, you are agreeing to continue to receive further email solicitations from The Super Challenge.
Opt Out Procedure: You may use the opt out link found in any email solicitation that you may receive.
Proprietary Rights. The Super Challenge has proprietary rights and trade secrets in the Products. The Super Challenge also has rights to all trademarks and trade dress and specific layouts of the Website, including calls to action, text placement, images, and intellectual property.
You may not copy, reproduce, any Products manufactured or distributed by The Super Challenge. Products may be resold under the agreement as specified in the Fundraising section of this document. You must not use the Website and content for commercial purposes without first obtaining our express written authority.
WEBSITE
Use of Website; Users of the Website are responsible to protect their usernames and passwords from any unauthorised use. Please notify The Super Challenge immediately in the event of any unauthorised use of your account.
The Super Challenge is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website unless first obtaining our express written authority, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
Subscriptions and Renewal: Subscriptions are on an auto-renewing basis. All Subscriptions have an initial term as listed on the Membership Options page. This term automatically renews for a renewal term. On cancellation of a Subscription prior to the expiry of the initial or renewal term, users may continue to have access to the website until the end of the initial or renewal term. Refunds are not provided to users who cancel part way through the initial term or any renewal term of a subscription, unless mentioned our refunds policy below.
Pricing: Fees for subscription are detailed on the Membership Options page and on the Member Checkout page. For each renewal term your payment details will be automatically charged at the fee listed for the subscription type you have selected, on a recurring basis unless you cancel your subscription. Discounts and Free Trials apply for the period specified and will commence on the purchase date.
Product Delivery: Access to the Website is provided immediately upon payment processing.
Website access and use: Users are responsible for their own costs associated with accessing the Website, including but not limited to internet usage charges, data costs and equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the relevant product.
Two users at one time: Once you create your username and password, when logging in, you will only be able to have two simultaneous logins. If a third person tries to use your login, then the first logged in person will be logged out.
Refunds Policy: For annual Subscriptions we offer a 48-hour money back guarantee, commencing on the day and time of purchase of purchase. No refunds will be offered after this time except in the event the goods or services being faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws.
No refunds will be offered for monthly subscriptions or for purchase of Fundraising Discount Codes. No refunds to schools or organisations will be offered on any purchase of memberships or for unsold or unused memberships.
Consumer Purchasing Security: All payments are completed using PCI compliant payment gateways over a secure internet connection via Stripe. Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the highest and most stringent level of certification available in the payments industry. All data and communication is encrypted, the service uses PGP keys for safe communication.
Special offer for Schools: Schools are offered multiple 12-month memberships at a reduced price. The minimum initial purchase of 100 memberships as advertised on the website will apply for each school year. I.E. The minimum purchase for membership applies each year a school participates.
FUNDRAISING
“Fundraiser/Fundraising Campaign” means the act of holding an activity with the intention of raising funds for your school or organisation.
“You” or “Registered Fundraiser” means a person, school or organisation who has received an authorisation email from The Super Challenge to conduct a Fundraising Campaign.
To conduct The Super Challenge Fundraising Campaign, you must have received an authorisation email from The Super Challenge.
Your school or organisation will be given the opportunity to purchase multiple 12-month memberships to The Super Challenge website at a reduced price. You will be given website membership access codes called Fundraiser Codes. Each code gives a 12-month membership to The Super Challenge website. Minimum initial order for codes/memberships is 100. All fundraisers then have 60 days to pay the invoice. Giving you plenty of time to collect funds.
If requested, at the end of the Fundraising Campaign, schools/organisations do not have to pay for unused codes, as is recorded by The Super Challenge website.
A Fundraising Campaign will be considered as completed 60 days after the date of joining the fundraiser. Even after the fundraiser, members continue to enjoy 12-month access to the website from the date of joining.
The date of joining is the date the email authorising the fundraising campaign is sent to your school or organisation. 60 days after this email is sent, all invoices for memberships to your school or organisation must be paid to The Super Challenge company. This gives your school or organisation 60 days to collect funds before paying for memberships.
Memberships must not be resold by a school or organisation at a higher price than the current website advertised fee for a 12-month membership available directly from The Super Challenge. The Super Challenge may change the 12-month membership fee at any time.
Any use of our logo, images or any intellectual property must first be approved by us. The fundraising letters and the certificate included on our website have approval for you to use.
After your school has paid all invoices for memberships to The Super Challenge, if needed, your school may receive printed glossy A4 certificates delivered free of charge. This offer is only available for schools within Australia.
The Super Challenge accepts no responsibility for any loss, liability, or injury, occupational, health, safety and welfare claims arising from any Fundraising Campaign.
Authorised Fundraisers agree to pay all costs involved with running their Fundraising Campaign. The Super Challenge will not reimburse any school, organisation or person/s for any Fundraising Campaign associated costs.
The Super Challenge is unable to take a coordination role in your activities, nor are we able to assist in organising publicity to help you in the running of the Fundraising Campaign.
Schools may also purchase memberships without running a fundraising campaign. In this case no authorisation letter from The Super Challenge company is required. Your school will be invoiced for the purchase of multiple 12-month memberships to The Super Challenge website at a reduced price. You will be given website membership access codes. Each code gives a 12-month membership to The Super Challenge website. Minimum initial order for codes/memberships is 100. Schools have 30 days to pay the invoice.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Super Challenge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Super Challenge MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
LIMITATION OF LIABILITY
Disclaimer and Limitation of Liability.
The Super Challenge and our employees and contractors do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free or free of viruses. The content is provided “as is” without warranties of any kind.
The Super Challenge and our employees and contractors will not be liable for any loss or damage, however arising, in connection with your access, the content or any omissions from the content, except where liability is made non-excludable by applicable legislation.
The Super Challenge ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
The Super Challenge WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE; (5) the accuracy, adequacy or completeness of the information contained on the Website. THE SUPER CHALLENGE WILL not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained on the Website
INDEMNIFICATION
You will release, indemnify, defend and hold harmless The Super Challenge, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to The Super Challenge. When The Super Challenge is threatened with suit or sued by a third party, The Super Challenge may seek written assurances from you concerning your promise to indemnify The Super Challenge; your failure to provide such assurances may be considered by The Super Challenge to be a material breach of this Agreement.
PRIVACY
The Super Challenge believes strongly in protecting user privacy. Please refer to The Super Challenge Privacy Policy, posted on the Website. By agreeing to these Terms & Conditions, you agree to the terms of our Privacy Policy.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure. The Super Challenge will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. The Super Challenge may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and The Super Challenge and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of The Super Challenge to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; This Website originates from Perth, Australia. This Agreement will be governed by the laws of the State of Perth without regard to its conflict of law principles to the contrary. Neither you nor The Super Challenge will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Perth. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. The Super Challenge reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and The Super Challenge may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, The Super Challenge reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until The Super Challenge chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.