Owl Club Terms & Conditions
- Owl Club, the NightOwl Convenience mobile application (Application), the NightOwl website at https://www.nightowl.com.au/owlclub (Website) and their associated platforms and social media channels (together, the Service) are owned and operated by NightOwl Marketing Pty Ltd (ABN 31 126 734 567) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (NightOwl Convenience or we, us or our).
- Information about:
- how to become a member of Owl Club,
- how to receive and redeem various services, rewards, gifts, prizes and/or benefits available to members of Owl Club, which may include food/beverage items, non-food items, and/or promotional offers or information (Benefits),
- how to contribute ideas, submissions or other content to Owl Club and/or other parts of the Service,
- how to engage with any interactive component of Owl Club and/or other parts of the Service (Contributions), and
- how to use the Service generally,
forms part of these Terms and Conditions.
- By applying to join Owl Club, accessing or using the Website, accessing or using the Application, you accept these Terms and Conditions.
- If you do not agree with these Terms and Conditions, you should not use the Service.
- We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.
- You may only join and participate in Owl Club and provide personal information if you are an Australian resident aged 14 years or over. If you are under 18, you need your parent or guardian’s consent. Once you join Owl Club, you are bound by these Terms and Conditions, and your parent or guardian who provided consent (if applicable) will also be bound.
How to Join Owl Club
- You must join Owl Club to receive and redeem Offers and Rewards.
- You can join Owl Club by:
- Collecting a card in a NightOwl Convenience store and registering on the Website by providing your given name, family name, current email address, phone number and a password. We’ll then send you an activation SMS and you’ll need to follow the prompts; or
- Downloading the NightOwl Convenience mobile application and registering by providing your given name, family name, current email address, phone number and a password
- The information that you provide in registering your Account must be current, correct and complete. You are only able to register and maintain one Account and the Account must be in your own name. You must not use another member’s Account.
- You can manage your Account via the Website or Mobile Application, including changing any of the information provided and deleting your Account.
- We can refuse membership and Account registration requests. This includes where you have previously been banned from the Website or another website.
- We may refuse requests for log-ins that are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trademarks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person.
- We may ask you to produce identification to confirm your details and eligibility. If you choose not to provide identification we may cancel your Account.
- You must keep your Account details confidential and you are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. It is your responsibility to delete your Account when you no longer wish to be a member.
- The Club will continue for as long as we decide.
- We also run other promotions and competitions outside the Club. They are run in accordance with their own terms and conditions.
- We may conduct surprises, voting polls, promotions, competitions, incentive programs or offers for Owl Club members (generally, Offers). These Offers are subject to their own terms and conditions as well as these Terms and Conditions.
- We may offer services, rewards, gifts, prizes or other benefits Owl Club members (Benefits). The Benefits may be provided by us or a third party (Benefit Partner). The nature, quantity, availability and award of Benefits are in our absolute discretion.
- To redeem a Benefit, you must follow the instructions provided by NightOwl Convenience and/or the Benefit Partner. Any additional costs which may be incurred in redemption of a Benefit, such as travelling to and from a NightOwl Convenience store, are your responsibility.
- You must redeem a Benefit within the time stated. Otherwise, it will expire. There may be limits on the number of Benefits you can receive, or other conditions such as time of day and availability at particular NightOwl Convenience store or similar. Subject to law, these are subject to change without notice.
- Subject to law and these Terms and Conditions, we are not responsible if a Benefit is or becomes unavailable. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to law, we are not responsible for any variation in Benefits or their value.
- Benefits cannot be used in conjunction with any other Benefit, claim, offer, upgrade, promotion or discount or similar. Benefits are only valid for the specific item stated (including size, type and flavour).
- NightOwl Convenience or the Benefit Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Benefit.
- If a Benefit Partner is providing the Benefit, they are responsible for the Benefit, not us, and they are not our agent (and we are not their agent). You should address any queries about the Benefit to the Benefit Partner. Subject to law, we are not liable for availability, quality or fitness for purpose of Benefits offered by a Benefit Partner.
- Sometimes we will invite you to contribute ideas, submissions or other content to the Club and/or other parts of the Service, to participate in polls, or to engage with any interactive component of the Service (Contribution). Contributions will be made public.
- By making a Contribution, you assign all your worldwide intellectual property rights in the Contribution to us. We can modify or delete your Contribution and we don’t have to acknowledge you as the author or make any payment to you. We can feature your Contribution on social media platforms.
- By making a Contribution, you also consent to our using the Contribution and your name, likeness, image and/or voice (including photograph, film and/or recording), in any media worldwide for an unlimited period of time.
- Each time you make a Contribution, you warrant that:
- your Contribution is your original creation;
- you have the right to make the Contribution and to make the assignment in section 30;
- information in the Contribution is accurate and not misleading or deceptive;
- your Contribution doesn’t infringe the rights of any third party, including privacy rights, intellectual property rights and contract rights;
- your Contribution isn’t illegal or in breach of any regulation, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive, objectionable, in support of terrorism, or disparaging to any person;
- your Contribution doesn’t contain content that has been used in previous marketing for any third party and you won’t submit your Contribution to any third party for any commercial purpose; and
- your Contribution doesn’t contain any harmful or malicious code.
- You waive claims against us for use of any idea, product, design and/or concept similar or identical to any idea, product, design and/or concept in your Contribution.
- If a law enforcement authority or court asks or requires us to disclose your identity because of allegations of illegal or inappropriate Contributions, we will fully co-operate with the request or requirement. If a third party requests or requires us to remove your Contribution, then it is our decision whether to do so, without liability or notice to you.
- You are fully liable for any harm caused to people or property, illegal conduct, or breach of other people’s rights arising from your Contributions. You will co-operate with us in any legal action relating to your Contribution when we reasonably request it.
- Do not rely on the Contributions of others. They are not the views of NightOwl Convenience. We are not responsible for the content of Contributions even if they are defamatory, incorrect, illegal or offensive.
- In order to use the NightOwl Convenience Mobile Application or Owl Club Website, you must be a member of Owl Club. When you create an Account for the NightOwl Convenience Mobile Application or Owl Club Card, you accept these Terms and Conditions in relation to Owl Club.
Use of the Service
- You download, install, access and use the Service at your own risk and cost, including Internet service provider costs.
- All material and logos on the Service remain our property.
- All material and logos on the Service remain our property.
- You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Service.
- The Service is only for use in Australia.
- Use your own judgement when using the Service and take care of your personal safety. In particular, never use the Service when driving.
- We are not responsible for the content of any other websites, social media platforms or applications linked on the Service. They may have their own terms and conditions.
- The Service may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the social media platform).
- We collect, use and disclose your personal information in accordance with any privacy collection statement that we give you, and as stated in these Terms and Conditions.
- We collect and use your personal information through the Service for the purposes disclosed when we collect the information and to allow you to:
- register an Account,
- receive and redeem Benefits,
- make Contributions;
- otherwise use and interact with the Website,
- and to allow us to:
- contact you with information about the Service and NightOwl Convenience generally, including special offers, market research or marketing materials via any method;
- share your information with our Australian and overseas related entities, officers and agents, third parties and promotional purposes, who may also contact you for similar purposes;
- and use and disclose your personal information for other reasonable related purposes.
- If you decide not to provide us with your personal information, that’s ok, but we may not be able to process your Owl Club membership or accept Contributions, or provide you with Benefits, and it may restrict your ability to use the Service overall.
- Keeping your personal information safe is important to us. Sometimes your information will be processed and stored overseas by us or our service providers, and we have confidentiality and security requirements for processing and storage. However, security of communications cannot be guaranteed and to the extent permitted by law we are not liable for unauthorised access.
- When you use the NightOwl Convenience Mobile Application, you consent to our use and disclosure of the location of your device, so that we can provide functionalities to you, such as store location.
- We can monitor Account activity. We can terminate or suspend your Account, your Owl Club membership and/or your Website access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity.
- If we believe you are using any automated software or other mechanical or electronic automated method to accept Owl Club membership or receive and/or redeem Benefits, or to take advantage of other promotions, we can suspend or terminate your Account, your Owl Club membership and/or your Website access.
- To the extent permitted by law, the Service is provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied. NightOwl disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose or that the Service will be error-free or free from harmful code.
- To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Service.
- Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service.
- To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
- The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
- Our decision in relation to all aspects of Owl Club is final and no correspondence will be entered into.
Governing Law & Amendments
- These Terms and Conditions are governed by the laws of Queensland, Australia and you consent to the jurisdiction of the courts having jurisdiction in that State and courts of appeal from them.
- We may amend these Terms and Conditions, so you should check them from time to time. Your use of our Service, following any changes, is your acceptance of those changes.
- You may contact NightOwl Convenience via:
- address: 1/184 Main Street Kangaroo Point QLD 4169
- Telephone: +61 7 3088 1200; and
- email: email@example.com