Terms and Conditions TMC

1. Terms of Service

These terms and conditions (the "Agreement") govern your access to and use of the website, services, and content provided by TMC ("TMC," "we," "our," or "us"), including any content, features, and services made available through our website located at www.clubmonnaie.com (the "Site"). By accessing or using the Site or by purchasing a membership or services from TMC, you agree to comply with and be bound by the terms and conditions outlined below. If you do not agree to these terms and conditions, you must refrain from using the Site or the services.

Amendments to Terms and Conditions

TMC reserves the right to amend or update these terms and conditions at any time. Any changes will be posted on the Site and will become effective immediately upon posting. Your continued use of the Site or the services following the posting of changes to these terms will constitute your acceptance of those changes.

Privacy Policy

By accessing or using our Site, you consent to our Privacy Policy. Please refer to our Privacy Policy for more information about how we collect, use, and protect your personal information.

Services Provided

TMC offers a range of services including but not limited to membership rewards, discounts, experiences and other services as described on our Site. Our services are available to registered users who have purchased a membership. You agree to provide accurate and current information when registering or creating an account, and you agree to promptly update any information as necessary.

TMC reserves the right to modify, suspend, or discontinue any part of our services at any time, in our sole discretion, without prior notice.

Membership and Account Registration

To access certain services on our Site, you must create an account. You must be 18 years or older to register and use the services. You agree to:

Provide accurate, current, and complete information during the registration process;
Keep your account information, including your password, secure;
Notify TMC immediately of any unauthorized access to your account.
You are responsible for all activity that occurs under your account, whether or not you authorized the activity.

TMC is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account credentials.

Payment and Refunds

When purchasing a membership or any other services, you agree to pay the applicable fees. TMC may offer non-refundable memberships and packages, including during promotional periods. However, we comply with Australian Consumer Law, and you may be entitled to a refund in case of major defects or failures with services. Refunds are not available for change of mind or if you fail to understand the terms and conditions.

For further details on refunds, returns, and exchanges, refer to our [Refund Policy URL].

2. Acceptance of the Terms

By using the TMC website and services, you agree to the following terms and conditions:

Compliance with Laws
You agree to use the site and services in a way that does not violate any laws or regulations. This includes not sharing content that infringes on copyrights, trademarks, or other intellectual property rights.

Prohibited Actions

You will not:
Attempt to disrupt, attack, or gain unauthorized access to the site or other users' accounts.
Share harmful, offensive, or illegal content, including defamatory, obscene, or fraudulent material.
Use bots, viruses, or any other tools to interfere with the site's operations or to access it in an unauthorized manner.

User Content and Submissions
Any feedback, comments, or suggestions you submit to TMC will become TMC's property. You agree to give TMC full rights to use, modify, or distribute your comments without compensation. You are responsible for ensuring that any content you share does not violate others' rights.

Privacy and Monitoring
TMC may monitor your content and communications to ensure the proper functioning of the site and services. Your information may also be disclosed when required by law, for fraud protection, or to ensure safety.

Intellectual Property
You agree to respect the intellectual property rights of others and will not upload or distribute content that violates third-party rights.

Responsibility for Violations
You are solely responsible for any legal violations or third-party infringements caused by the content you share or actions you take on the site.

By continuing to use the TMC website and services, you accept and agree to these terms.

3. Eligibility and Jurisdiction

To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18.

TMC operates in Australia. If you access the site from outside Australia, you are responsible for complying with local laws.

4. Maintaining Membership Plans and Loyalty Perks

To cancel your TMC membership, please email members@clubmonnaie.com and follow the provided link to complete the process. Cancelling your membership will stop any future payments and remove your eligibility for bonus entries in future promotional giveaways.

If you wish to unsubscribe from TMC’s mailing or text lists, please use the unsubscribe links in any communications you’ve received from third parties. Please note that canceling your membership will not automatically remove you from these lists.

If your payment fails, our system will automatically attempt to charge your account four times over a 20-day grace period, with attempts every 5 days. If the fourth attempt is unsuccessful, your membership will be canceled, and any accumulated loyalty entries for giveaways will be lost.

Once your membership is canceled, Stripe does not allow reactivation, and all history related to the canceled subscription will be lost. To continue your membership, follow the instructions in the notification emails you receive or log in to your account to update your payment details.

If your membership is canceled and you create a new subscription within 30 days, your most recent active subscription’s entry history will be synced. However, if there are multiple cancellations, the history from previous subscriptions will not be included in your new account’s entry accumulation after the 30-day period.

Please note: Our system allows only four payment attempts, which includes any manual attempts to charge your account.

5. Giveaway T&C'S

By entering the TMC giveaway, you agree to the following terms:

Any disputes or claims related to the contest will be handled individually, and class actions are not allowed.

The only compensation available for any claims will be out-of-pocket expenses incurred from entering the contest, and TMC is not responsible for legal fees.

You waive the right to claim any punitive, incidental, or consequential damages and can only claim actual out-of-pocket expenses.

TMC, its affiliates, employees, and agents are not liable for any damages or losses related to website access, technical issues, or participation in the contest.

TMC has the right to disqualify any participant who tampers with or abuses the contest.

If the contest is disrupted by issues beyond TMC’s control (e.g., tampering or technical problems), TMC may suspend, modify, or end the contest.

Any attempt to damage the website or disrupt the contest may result in legal action.

TMC is not responsible for any technical problems with computer systems, servers, or entries not received due to technical issues.

Prizes are delivered via Australia Post (or similar), and a signature is required. TMC is not liable for any damages, loss, or theft after delivery confirmation.

By entering, you consent to TMC using your personal information to run the contest and for promotional purposes. This may include sharing with third parties for these purposes.

The winner’s name and state/territory will be published as required.

Winners may need to send a photo or video with their prize to TMC within 7 days for promotional purposes.

The contest is void where prohibited by law.

TMC reserves the right to suspend, modify, or end the contest at any time.

6. Termination and Limited Liability

Termination of Account

TMC reserves the right to suspend or terminate your account at any time if we believe you have violated these terms and conditions. If you wish to cancel your account, please contact us at members@clubmonnaie.com. Upon account termination, we may delete your registration information and all other content associated with your account however all benefits will be lost.

Use of the Site and Services

You agree to use the Site and services only for lawful purposes and in accordance with these terms and conditions. You must not:

Violate any applicable law or regulation;
Infringe on the intellectual property rights of others;
Engage in any activities that disrupt or interfere with the operation of the Site;
Upload, distribute, or transmit harmful content, including viruses or malware.
TMC reserves the right to monitor and review all content submitted or posted by users on the Site to ensure compliance with these terms and conditions.

Third-Party Products and Services

TMC may provide links to third-party products, services, or websites. These third-party services are provided for convenience, and TMC is not responsible for their content or services. Any transactions with third-party providers are at your own risk, and TMC is not liable for any issues arising from those transactions.

Intellectual Property

All content and materials available on the Site, including logos, trademarks, text, graphics, images, and other intellectual property, are the property of TMC or its licensors and are protected by copyright and other intellectual property laws. You may not use, copy, or distribute any of these materials without prior written consent from TMC.

Contest and Giveaways

TMC may periodically offer giveaways or contests to its members. By entering a contest or giveaway, you agree to the following:

All disputes or claims related to the contest will be resolved individually and not as part of a class action;
TMC is not responsible for any damages, losses, or legal fees arising from your participation in the contest;
You may be required to provide a photograph or video of yourself with the prize for promotional purposes;
Prizes are non-transferable and subject to availability.
Limitation of Liability

TMC is not liable for any damages, losses, or injuries arising from the use of the Site or services, including but not limited to any technical malfunctions, loss of data, or issues resulting from third-party content. In no event will TMC be liable for any indirect, incidental, or consequential damages.

Indemnification

You agree to indemnify and hold TMC harmless from any claims, losses, damages, or legal expenses arising from your use of the Site, violation of these terms, or infringement of any third-party rights.

Governing Law

These terms and conditions are governed by the laws of Queensland, Australia. Any legal disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Queensland.

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