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Terms & Conditions
GIVEAWAY CONTEST/DRAW RULES
Mile Sky Club (hereinafter referred to as ‘We’ or ‘Us’ or ‘Our’) is conducting a lucky draw (hereinafter
referred to as the ‘Contest’) for Individuals (hereinafter referred to as ‘Participant’ or ‘Participants’ or
‘Members’ or ‘Entrants’ or ‘Them’ or ‘You’ or ‘Your’). The prize will be drawn on 8 December 2019 at
Participants shall be allowed to enter the Contest via official links provided by the website and social
media platforms, IF:
1.1. Participants agree to comply with the Terms and Conditions; and
1.2. Participants purchase access to our premium online content from the official links.
2. PARTICIPANT’S ENTRY IN THE CONTEST
We are giving away a 7-day New Year’s Eve trip to Bali, Indonesia (‘the Prize’) as a promotion of the
MILE SKY CLUB Brand. In order to be eligible for the Contest, participants are required to purchase a
package via the official links which shall automatically place them in the Contest. Details of the
packages can be found on the official website.
2.1. The Participants will have to purchase access to our premium content via
http://www.mileskyclub.com which will automatically place you in the Draw.
2.2. The Contest will be drawn on 8 December 2019 (‘the Event’).
2.3. The Winner of the Prize will be announced live at 4.00pm via a Barrel Draw.
2.4. The announcement of the Winner will also be broadcast live on all our social media platforms.
The Winner shall also be contacted via phone and email immediately after the announcement.
2.5. The Prize will be sent to the Winner 10 days after the Event.
2.6. Proceeds from the Contest will be supporting the MAKE-A-WISH-FOUNDATION as follows:
2.6.1. Economy Package: $1.00 from each Bronze package purchased will be donated to the MAKEA-WISH-FOUNDATION;
2.6.2.Business Class Package: $5.00 from each Silver package purchased will be donated to the
2.6.3. First Class Package: $10.00 from each Gold package purchased will be donated to the MAKEA-WISH-FOUNDATION.
The Participant shall be entitled to contact us at firstname.lastname@example.org. All communications in
relation to the Contest must be made via email@example.com.
4. REPRESENTATIONS AND WARRANTIES OF MILE SKY CLUB
MILE SKY CLUB warrants the following:
4.1. The Prize to be given away in the Contest as a promotional gift are the property of MILE SKY CLUB.
4.2. The purpose of this promotion is to bring awareness to the MILE SKY CLUB Brand.
4.3. MILE SKY CLUB neither sells raffle tickets nor any tickets specifically to win these prizes.
4.4. This Prize is strictly a promotional giveaway, which can be won by any person that purchases an
access package to our premium content on our website via our website or any official link, thereby
becoming a Customer of MILE SKY CLUB.
4.5. Entries to the Contest are only provided as a promotional gift to Customers of MILE SKY CLUB and
cannot be purchased and will not be sold separately.
5. REPRESENTATION AND WARRANTIES OF THE PARTICIPANT
The Participant represents and warrants that it shall not contact the any affiliate, employee, sponsor
or partner of MILE SKY CLUB in order to manipulate the Contest results.
6.1. By becoming a Customer of MILE SKY CLUB the Participant agrees to enter the Contest and Agrees
6.1.1.Any and all disputes, claims and causes of action arising out of or in connection with the
Contest and the promotional gifts shall be resolved individually with any form of class action;
6.1.2.Any claims judgments and awards shall be limited to actual out of pocket costs incurred in
entering the Contest, but under no circumstances will MILE SKY CLUB be responsible for any
6.1.3. Participants hereby waive all rights to claim punitive, incidental or consequential damage
and any rights to have damages multiplied or otherwise increased and any other damages,
other than damages for actual out of pocket expenses incurred in entering the contest.
6.1.4. In no event will MILE SKY CLUB, their licensees, parents, affiliates, subsidiaries and related
companies, their advertising or promotional agencies or their respective officers, directors,
employees, representatives and agents, be responsible or liable for any damages or losses
of any kind, including direct, indirect, incidental, consequential or punitive damages arising
from access to, or use of, this website, electronic or computer malfunctions, or entrant
participation in this contest, even MILE SKY CLUB was advised of the possibility of such
6.1.5.MILE SKY CLUB reserves the right to disqualify any Participant found to be tampering with
or otherwise abusing any aspect of this Contest as solely determined by MILE SKY CLUB.
6.1.6. In the event the Contest is compromised by non-authorised human intervention, tampering
or other causes beyond the reasonable control of MILE SKY CLUB, that corrupt or impair the
administration, security, fairness or proper operation of the Contest, MILE SKY CLUB
reserves the right to suspend, modify or terminate the Contest.
6.1.7.Any attempt by a Participant to deliberately damage the website or undermine the
legitimate operation of this contest is a violation of criminal and civil laws, and should such
an attempt be made, MILE SKY CLUB reserves the right to seek damages from any such
Participant to the fullest extent permitted by Law.
6.1.8.MILE SKY CLUB assumes no responsibility for any problems or technical malfunction of
computer systems, servers, software, website, internet service provider, or e-mail systems,
failure of any entry to be received on account of technical problems or incomplete, late, lost,
damaged, illegible or misdirected electronic communications, or any combination thereof.
6.1.9. The Contest is void where prohibited or restricted by law.
GENERAL TERMS AND CONDITIONS
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS
AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. IN USING
THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND
CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE
CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN
STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS
MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS
FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR
UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND
ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION
1.1. Agreement/Terms means the terms and conditions as detailed herein including all Exhibits,
agreement as amended, negated, supplemented, varied or replaced from time to time.
1.2. Account means the account created by the users on our website in order to utilise the services
offered by the website and require information such as name, email address, password, contact
1.3. Website refers to the premium access based website which provides travel information to users
who create an purchase a package which provides them with specific access to premium content.
1.4. Package means the level of access purchased by the users of the website in order to access
various levels of premium content from the Website.
1.5. Customer or User shall mean any person who uses the services offered by the website by
purchasing a package for access to the services of the website.
1.6. User or You means and includes Sellers and Buyers using or accessing the services provided on
this Site and any person who access or avail this site for the purpose of hosting, publishing,
sharing, transacting, displaying or uploading information or views and includes other persons
jointly participating in using the Site.
1.7. Account refers to the account created by the users on the website for accessing the premium
content and availing the services provided by the website.
1.8. The official language of these terms shall be English.
1.9. Content means text, graphics, images, music, audio, video, information or other materials.
2. The MILE SKY CLUB website and online platform (hereinafter referred to as the “Website”, “We”, “Us”,
“Our”), is owned and operated by Xclusive Tech Pty Ltd (‘the Company’), its registered office located
at 5/82 Eucumbene Drive, Ravenhall Victoria, Australia.
3. The Website is offered to you on basis that you accept, without modification, the terms, conditions,
and notices contained herein (the “Terms”).
4. By purchasing any products on the MILE SKY CLUB platform, the users (collectively referred to as
‘Users’ and individually as a ‘User’) (hereinafter referred to as “You” or “Your”) agree to be bound by
the Terms of this Agreement. Please read this entire agreement carefully before accepting its term.
Your usage of the Website signifies your assent to the following binding agreement.
5. The Website provides an online platform through which we offer premium travel content by way of
various levels of access to users who create an account. The Website acts as a facilitator for such
services and all commercial and contractual terms are offered by and agreed to by users. You
understand and agree that we are not making any recommendation but merely comparing data from
6. By using the Website, you agree to comply with and be legally bound by the Terms. These Terms govern
your access to and use of the Website and Services and all Collective Content, and constitute a binding
may be found at www.mileskyclub.com, and which is incorporated by reference into these Terms. If
you do not agree to these Terms, you have no right to obtain information from or otherwise continue
using the Website. Failure to use the Website in accordance with these Terms may subject you to civil
and criminal penalties. This website reserves the right to recover the cost of services, collection charges
and legal fees from persons using the Website fraudulently. The Company reserves the right to initiate
legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts
or acts or omissions in breach of these terms and conditions. The use of this Website constitutes your
consent to, and agreement to, abide by the most current version of the Terms. We may at any time
revise and update these Terms. You agree to be bound by subsequent revisions and agree to review
the Terms periodically for any changes. The most up to date version of the Terms will always be
7.1. Use of the Site for availing its services is available only to persons who can form legally binding
contracts under applicable law. You cannot create account on our Website if you are under the
age of eighteen (18) years.
7.2. Our website reserves the right to terminate your account and refuse to provide you with access
to the Site if we discover that you are under the age of 18 years. The Website is not available to
persons whose membership has been suspended or terminated by us for any reason whatsoever.
7.3. If you use the Website on behalf of a company, organisation, or other entity, then (a) “you”
includes you and that entity, and (b) you represent and warrant that you are an authorised
representative of the entity with the authority to bind the entity to this Agreement, and that you
agree to this Agreement on the entity’s behalf.
7.4. You may not operate any link to our website without our first obtaining our written permission.
Any such permission may be revoked without notice and we reserve the right to require you to
remove any link immediately and at any time.
8.1. In order to avail the services provided by this Website user’s need to first register their account
on the website. Registering on our website requires the user to choose a certain level of access
as described by the individual packages available for purchase. In order to register for the purpose
of availing the services provided therein the users will have to register with us by providing details
such as name, address, e-mail address and password.
8.2. You represent and warrant that all required registration information you submit is truthful and
accurate, and you will maintain the accuracy of such information. You are responsible for
maintaining the confidentiality of your Account login information and are fully responsible for all
activities that occur under your Account. You agree to immediately notify us of any unauthorised
use, or suspected unauthorised use of your Account or any other breach of security. Website
cannot and will not be liable for any loss or damage arising from your failure to comply with the
above requirements. You must not share your password or other access credentials with any
other person or entity that is not authorised to access your account. Without limiting the
foregoing, you are solely responsible for any activities or actions that occur under your website
account access credentials. We encourage you to use a “strong” password (a password that
includes a combination of upper and lower case letters, numbers, and symbols) with your
account. We cannot and will not be liable for any loss or damage arising from your failure to
comply with any of the above.
8.3. You agree to provide and maintain accurate, current and complete information about your
Account. Without limiting the foregoing, in the event you change any of your personal
information as mentioned above in this Agreement, you will update your Account information
8.4. We reserve the right to suspend or terminate your Account if any information provided during
the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim
any username that you create through the Service that violates our Terms. If you have reason to
believe that your Account is no longer secure, then you must immediately notify us at
8.5. You may not transfer or sell your account to another party. If you are registering as a business
entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
8.6. Our Services are not available to temporarily or indefinitely suspended members. We reserve the
right, at our sole discretion, to cancel unconfirmed or inactive accounts. We also reserve the right
to refuse service to anyone, for any reason, at any time.
8.7. One individual can own only one account in his or her name.
8.8. You agree to comply with all local laws regarding online conduct and acceptable content. You are
responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated
in the Agreement and the website policy documents published on the Website as well as all other
operating rules, policies and procedures that may be published from time to time on the Website
9.1. The Website is a platform that Users utilise to access premium travel information.
9.2. The Website enables the users to use its service after creating an account and choosing a package
from the Website. Once a package has been chosen the amount is deducted once from their
chosen payment method.
9.3. Once your personal details are filled in and payment is made, user may avail the services of the
10. PAYMENTS AND CHARGEBACKS
10.1.Payments can be made via valid debit cards and credit cards.
10.2.We reserve the right to refuse to process transactions by buyers with a prior history of
questionable charges including without limitation breach of any agreements by the buyer with us
or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
10.3.We reserve the right to recover the cost of goods, collection charges and lawyers’ fees from
persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such
persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach
of these Terms.
10.4.The Company does not offer refunds. All purchases made from our websites are final and the
customer is liable for their checkout cart. We do not take responsibility for the customers
purchase or mistakes upon checkout.
11.1.If for any reason we are unable to charge your Payment Method for the full amount owed for
purchasing a package, or if we receives notification of a chargeback, reversal, payment dispute,
or is charged a penalty for any fee we previously charged to your Payment Method, you agree
that we may pursue all available lawful remedies in order to obtain payment, including but not
limited to, immediate cancellation, without notice to you, of your access to the Website.
We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for
tasks which we may perform outside the normal scope of our Services, additional time and/or
costs which we may incur in providing our Services, and/or your noncompliance with this
Agreement (as determined by us in our sole and absolute discretion). Typical administrative or
processing fee scenarios include, but are not limited to:
i. customer service issues that require additional personal time or attention;
ii. recouping any and all costs and fees, including the cost of Services, incurred by us as the
results of chargebacks or other payment disputes brought by you, your bank or Payment
Method processor. These administrative fees or processing fees will be billed to the
Payment Method you have on file with us.
12. MILE SKY CLUB AS A PLATFORM
12.1.We are not responsible for reliability of content posted on the website as this is subject to change
due to the nature of the content.
12.2.The Website does not make any representation or warranty as to the attributes of any of its
contents. You are advised to independently verify the reliability of any information posted on the
website and use your best judgement in that behalf.
12.3.The Website is only a platform through which Users can obtain access to premium travel
12.4.You release and indemnify us and/or any of our shareholders, directors, officers, employees and
representatives from any cost, damage, liability or other consequence of any of the actions of the
Users of the Website and specifically waive any claims that you may have in this behalf under any
applicable law. Notwithstanding its reasonable efforts in that behalf, our website cannot control
the information provided by other Users which is made available on the Website.
13. USER GUIDELINES
13.1.Users shall ensure strict compliance with the following user guidelines set out hereunder (“User
i. Users shall ensure that they provide current, accurate, and complete information for opening
the account with us and shall ensure that the same is updated immediately upon change of
circumstances and also when prompted by us to update the same;
ii. User shall not divulge their account details to third parties. Users shall be solely responsible
for ensuring the confidentiality and protection of the data pertaining to their account.
iii. Users shall not share their account passwords with third parties;
iv. Users shall not allow third parties to use their account. Each account is intended for the use
of a single user, who has registered the account upon due compliance of the KYC norms
v. Similarly, User shall only use the account allotted to the User and shall not use third party
accounts. A single User shall have only one account and shall not open or maintain multiple
vi. User shall not directly or through others gain illegal access to any account of the members on
the Website including their own. Failure to follow the procedures set out for accessing one’s
own account shall amount to a violation of these terms;
vii. Users shall be fully responsible for all activities that occur under the User’s Account,
irrespective of whether the User claims personal knowledge of the same or otherwise;
viii. Users shall utilise our services only for the personal purposes and not for commercial
ix. Users shall use their account on the Website only for legal purposes and shall not use any part
of our Services, for or in connection with or to perpetuate or commit any actions, which
amount to a violation of any law, statute, ordinance or regulation. Users shall be solely liable
for any such illegal activities that they undertake and the consequences arising therefrom
including those initiated by us, as more fully set out hereunder;
x. Without prejudice to the generality of the above, Users shall not use our services for any illegal
purpose including but not limited to money laundering, terrorism or to fund any illegal act.
Users shall also not use or avail our services for converting illegal or wrongful gains including
those from criminal activities;
xi. Users shall not use circumvention or obfuscating technologies to mask their IP addresses or
to hide transaction details;
xii. Users shall not create or circulate any technologies which violate or which would facilitate
other users to violate the terms hereof including for masking IP addresses or to obfuscate
xiii. Users shall ensure that true and correct details are furnished to us including the personal
details required for KYC; transactional details and such or other Clarifications the company
may require during the subsistence of this agreement;
xiv. Users shall not misrepresent, misinform or misguide us in any manner. Users are hereby duly
informed that we shall share all details with regulatory or legal authorities and the User shall
be solely be responsible for the correctness of the contents provided or for legal action for
false or incorrect information furnished;
xv. Users shall avail our services only for legal purposes and shall not use the same for any illegal
or criminal activities or in connection therewith or in association thereof.
xvi. User shall ensure that the source of the monies used for subscription/membership to services
of the Website is through legal means and shall also ensure that all transactions on the account
are for legal purposes.
xvii. The Website is only for the purpose of subscription/membership based comparative services
for sale and purchase of vehicles in Australia by collecting data from multiple sources and
comparing it with market value.
14. MISUSE OF THE WEBSITE
14.1.You may not use the site for any of the following purposes:
i. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
ii. Transmitting material that encourages conduct that constitutes a criminal offense, results in
civil liability or otherwise breaches any relevant laws, regulations or code of practice.
iii. Interfering with any other person’s use or enjoyment of the Site.
iv. Breaching any applicable laws;
v. Interfering or disrupting networks or web sites connected to the Site.
vi. Making, transmitting or storing electronic copies of materials protected by copyright without
the permission of the owner.
vii. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate
our services and user accounts, prohibit access to our website, services, applications, and
tools, and their content, delay or remove hosted content, and take technical and legal steps
to keep users from using our sites, services, applications, or tools, if we think that they are
creating problems or possible legal liabilities, infringing the intellectual property rights of third
parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts or accounts that have been inactive for a period of
months, or to modify or discontinue our site, services.
15. YOU AGREE AND CONFIRM
15.1.That you will use the services provided by the Website, its affiliates and contracted companies,
for lawful purposes only and comply with all applicable laws and regulations while using the
Website and transacting on the Site.
15.2.You will provide authentic and true information in all instances where such information is
requested of you. We reserve the right to confirm and validate the information and other details
provided by you at any point of time. If upon confirmation your details are found not to be true
(wholly or partly), we have the right in our sole discretion to reject the registration and debar you
from using the Services of our website and / or other affiliated website’s without prior intimation
16. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
can access the latest version of the User Agreement at any given time on the Website. You should
regularly review the Terms on the Website. In the event the modified Terms is not acceptable to
you, you should discontinue using the service. However, if you continue to use the service you
17. INTELLECTUAL PROPERTY OF WEBSITE:
17.1.The Website, its suppliers and licensors expressly reserve all intellectual property rights in all text,
programs, processes, technology, content and other materials, which appear on this Site. Access
to this Site does not confer and shall not be considered as conferring upon anyone any license
under any of MILE SKY CLUB or any third party’s intellectual property rights. All rights, including
copyright, in this Website are owned by or licensed to third party suppliers or us. Any use of this
Website or its contents, including copying or storing it or them in whole or part, other than for
your own personal, non-commercial use is prohibited without the permission of our website. You
cannot modify, distribute or re-post anything on this Website for any purpose.
17.2.The MILE SKY CLUB names and logos and all related services and our slogans are the trademarks
or service marks of MILE SKY CLUB. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorise anyone to use any name, logo or
mark in any manner.
17.3.All materials, including images, text, illustrations, designs, icons, photographs, programs, music
clips or downloads, video clips and written and other materials that are part of this Website
(collectively, the “Contents”) are intended solely for personal, non-commercial use. You may
download or copy the Contents and other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or website is transferred
to you as a result of any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site
or any related website. All website used on this Site is the property of our website or its suppliers
and protected by Australian Copyright Act 1968. Any other use, including the modification,
distribution, transmission, republication, display, or performance, of the Contents on this Website
is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or
other intellectual property owned, controlled or licensed by our website, one of its affiliates or
by third parties who have licensed their materials to us and are protected by Australian copyright
act, 1968. The compilation (meaning the collection, arrangement, and assembly) of all Contents
on this Site is the exclusive property of our website and is also protected by Australian Copyright
17.4.If you learn of any unlawful material or activity on our website, or any material or activity that
breaches this notice, please inform us in the manner as described in our Copyright Information
policy published on the Website. We respect the intellectual property rights of others and expect
users of the Services to do the same. We will respond to notices of alleged copyright infringement
that comply with applicable law and are promptly and properly provided to us.
17.5.We have the right to remove the Content alleged to be infringing without prior notice, at our sole
discretion, and without liability to you. In appropriate circumstances, we will also terminate a
user’s account if we determine that the user is a repeat infringer.
17.6.We take the protection of our copyright very seriously. Thus, if we discover that you have
infringed any of our copyright, we may bring legal proceedings against you, seeking monetary
damages and/or an injunction to stop you using those materials. You could also be ordered to pay
You agree to defend, indemnify and hold harmless our Website, its employees, directors, officers,
agents and their successors and assigns from and against any and all claims, liabilities, damages, losses,
costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your
actions or inactions, which may result in any loss or liability to our website or any third party including
but not limited to breach of any warranties, representations or undertakings or in relation to the nonfulfillment of any of your obligations under this User Agreement or arising out of your violation of any
applicable laws, regulations including but not limited to Intellectual Property Rights, payment of
statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of
service by other subscribers and infringement of intellectual property or other rights. This clause shall
survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or us. You may terminate
this User Agreement at any time, provided that you discontinue any further use of this Website. We
may terminate this User Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, such termination will be without any liability to us. Upon any
termination of the User Agreement by either you or us, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made
under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of
this User Agreement.
20. LIMITATION OF LIABILITY AND DISCLAIMERS
20.1.The Website is provided without any warranties or guarantees and in an “As Is” condition. You
must bear the risks associated with the use of the Website.
20.2.The Site provides content from other Internet sites or resources and while our website tries to
ensure that material included on the Site is correct, reputable and of high quality, it shall not
accept responsibility if this is not the case. We will not be responsible for any errors or omissions
or for the results obtained from the use of such information or for any technical problems you
may experience with the Site. This disclaimer constitutes an essential part of this User Agreement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to
hold Company responsible, for any damages or losses (including, but not limited to, loss of money,
goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential
damages) resulting directly or indirectly from:
i. Information posted on the Website.
ii. Your use of or your inability to use our Website, Services and tools;
iii. Delays or disruptions in our Website, Services, or tools;
iv. Viruses or other malicious website obtained by accessing our Website, Services, or tools or
any site, Services, or tool linked to our Website, Services, or tools;
v. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the
information and graphics obtained from them;
vi. The content, actions, or inactions of third parties, including items listed using our Website,
services, or tools or the destruction of allegedly fake items;
vii. A suspension or other action taken with respect to your account; and
viii. The duration or manner in which, as a seller, your listings appear in search results.
20.3.To the fullest extent permitted under applicable law, our website or its suppliersshall not be liable
for any indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of
or in connection with the Website, its services or this User Agreement.
20.4.Our website, its associates and technology partners make no representations or warranties about
the accuracy, reliability, completeness, correctness and/or timeliness of any content,
information, website, text, graphics, links or communications provided on or through the use of
the Website or that the operation of the Website will be error free and/or uninterrupted.
Consequently, our website assumes no liability whatsoever for any monetary or other damage
suffered by you on account of the delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Site; and/or any interruption or errors in
the operation of the Site.
20.5.The Website periodically schedules system downtime for the Sites for maintenance and other
purposes. Unplanned system outages also may occur. You agree that we have no responsibility
and is not liable for:
i. the unavailability of any of the Website;
ii. any loss of data, information or materials caused by such system outages;
iii. the resultant delay, mis-delivery or non-delivery of data, information or materials caused by
such system outages; or
iv. any outages caused by any third parties, including without limitation any companies or servers
hosting any of the Sites, any Internet service providers or otherwise.
20.6.In addition to the above, we shall also not be liable for the following:
i. We shall not be liable for any loss, harm or damage caused to the User due to information
that is being offered through our services;
ii. We shall not be liable for discontinuation of its services, which is warranted due to Force
Majeure or regulatory directions that may be issued by appropriate authority;
iii. We shall not be liable for any loss caused to User due to fluctuations in the price of
automobiles as presented on the website. We shall be responsible to account for only such
services, as is within its control, in the event of termination of this agreement or closure of the
Company. This liability is also subject to applicable laws and deductions including towards
dues owed to us or to any government or regulatory authority. We shall not be liable for any
loss, harm, damage caused to User for suspension, cancellation or termination of a User
account including for reasons of User violations or in compliance with judicial, regulatory or
iv. User agrees that we will not be liable to User or to any third party for termination of the User
Account or restricting access to our Services;
v. User shall not be entitled to any damages for any reason whatsoever including for
consequential or compensatory damages against us for any reasons including suspension,
cancellation or termination of the User Account or for cessation of our Services.
21. GOVERNING LAWS AND JURISDICTION
21.1.These Terms and any action related thereto will be governed by the laws of the state of Victoria,
Australia without regard to or application of its conflict of law provisions or user’s state or country
21.2.Users agree to submit to the exclusive jurisdiction of the courts in the state of Victoria, Australia,
in relation to proceedings arising out of this agreement.
22. DISPUTE RESOLUTION
22.1.Generally, transactions are conducted smoothly on our website. However, there may be some
cases where Users may face issues. We have a Dispute Resolution process in order to resolve
disputes between the Website and Users. A ‘Dispute’ can be defined as a disagreement
between Website and User in connection with services offered on the Website. Disputes arise
out of an issue that is raised by either party not being completely satisfied with the resolution of
22.2.We advise that before a user raises a dispute, they shall write to us at
firstname.lastname@example.org in order to raise a dispute. Once a dispute is raised by either party,
we shall try to but are under no obligation to mediate and resolve the matter amicably.
22.3.In the interest of resolving disputes between you and us in the most expedient and costeffective manner, you and we agree that any and all disputes arising in connection with the
Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts. Arbitrators can
award the same damages and relief that a court can award. Our agreement to arbitrate disputes
includes, but is not limited to all claims arising out of or relating to any aspect of the Terms,
whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and
regardless of whether the claims arise during or after the termination of the Terms. YOU
UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
All Personal Information and User Generated Content provided to or displayed on the Site and Services
are subject to our Privacy Statement.
24.1.By using the Website and Services, you accept that communication with us will be mainly
electronic. We will contact you by email or provide you with information by posting notices on
the Site and Services.
24.2.You acknowledge that all contracts, notices, information and other communication we may
provide electronically comply with any legal requirements that such documents are in writing.
18.3 Notice will be deemed received and properly served immediately when posted on the
Website, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
25. LINKS TO OTHER WEBSITES
25.1.Links to third party websites on this site are provided solely as a convenience to you. If you use
these links, a new browser will be lodged to access linked websites. We have not reviewed these
third-party websites and does not control and is not responsible for any of these websites or their
content. We do not endorse or make any representations about them, or any information, or
materials found there, or any results that may be obtained from using them. If you decide to
access any of the third-party Website’s linked to this site, you do this entirely at your own risks.
26. NO WAIVER IMPLIED
26.1.The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure
to require at any time performance by you of any of these provisions, shall in no way be construed
to be a present or future waiver of such provisions, nor in any way affect our right to enforce each
and every such provision thereafter. The express waiver by us of any provision, condition or
requirement of these provisions shall not constitute a waiver of any future obligation to comply
with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or
unenforceable, such invalidity shall in no way effect the validity or enforceability of any other Term.
28.1.You will not assign any rights or delegate any obligations under these Terms, in whole or in part,
by operation of law or otherwise, without obtaining our prior written consent, which may be
withheld in our sole discretion.
28.2.We may assign our rights and delegate any of our obligations under these Terms, in whole or in
part, without your consent. Any assignment or delegation in violation of the foregoing will be null
and void. These Terms will be binding and inure to the benefit of each party’s permitted
successors and assigns.
29. FORCE MAJEURE
29.1.We shall be under no liability to you in respect of anything that, if not for this provision, would or
might constitute a breach of these Terms, where this arises out of circumstances beyond our
control, including but not limited to:
i. acts of god;
ii. natural disasters;
vi. shortage of supplies, equipment, and materials;
vii. strikes and lockouts;
viii. civil unrest;
ix. computer hacking; or
x. malicious damage.
30. DIGITAL SIGNATURE
30.1.By using our services, you are deemed to have executed this Agreement electronically, effective
on the date you register your Account and start using our services. Your Account registration
constitutes an acknowledgement that you are able to electronically receive, download, and print
30.2.In connection with this Agreement, you may be entitled to receive certain records, such as
contracts, notices, and communications, in writing. To facilitate your use of the website, you give
us permission to provide these records to you electronically instead of in paper form.
30.3.By registering for an Account, you consent to electronically receive and access, via email, all
records and notices for the services provided to you under this Agreement that we would
otherwise be required to provide to you in paper form. However, we reserve the right, in our sole
discretion, to communicate with you via the Postal Service and other third-party mail services
using the address under which your account is registered. Your consent to receive records and
notices electronically will remain in effect until you withdraw it. You may withdraw your consent
to receive further records and notices electronically at any time by contacting Customer Support.
If you withdraw your consent to receive such records and notices electronically, we will terminate
your access to the Services, and you will no longer be able to use the Services. Any withdrawal of
your consent to receive records and notices electronically will be effective only after we have a
reasonable period of time to process your request for withdrawal. Please note that your
withdrawal of consent to receive records and notices electronically will not apply to records and
notices electronically provided by us to you before the withdrawal of your consent becomes
30.4.In order to ensure that we are able to provide records and notices to you electronically, you must
notify us of any change in your email address by updating your Account information on the
website or by contacting Customer Support.
31.1.All Prizes given away by MILE SKY CLUB are as described.
31.2.We do not conduct lotteries nor do we sell tickets specifically to enter our giveaways. All
purchases on the website are solely for access to our premium travel content thereby making you
a MILE SKY CLUB customer. The giveaways are to our MILE SKY CLUB members only.
32. LEGAL COMPLIANCE
32.1.In addition to this Agreement, you must familiarise yourself with, and comply with the Policies,
domestic laws (including common law), state legislation, international laws, statutes, ordinances
and regulations regarding your use of our services. Notwithstanding successful conclusion of a
transaction you must ensure strict compliance with any particular formalities that, if not complied
with, will either render a transaction void or unlawful.
32.2.You alone, and not we, are responsible for ensuring that the services and any other activities
conducted on the website are lawful. You must ensure that they comply with all applicable laws
in Australia and all other countries.
32.3.You should comply with country and state and regulations.
33. ENTIRE AGREEMENT
33.1.These Terms collectively represent the entire agreement and understanding between you and us
and supersede any other agreement or understanding (written, oral or implied) that you and we
may have had. Any statement, inducement, promise, covenant or condition not expressly found
either in these Terms shall be deemed as void.
For any further clarification of out Terms and Conditions, please write to us at