Terms of service

Last updated on 16 February 2023

Challenge List Pty Ltd

ABN 60 330 271 519


TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to the Challenge List.

In these terms, we also refer to the Challenge List as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://challengelister.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase our challenge cards through this Website (Products).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Insert Link].


How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.


I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.


DISCLAIMER

You acknowledge that participating in challenges curated by the Challenge List may expose you to certain activities that present risks, and that by participating in these activities, you do so at your own risk. The Challenge List is not responsible for any injury, illness, disability, death, or property damage that may arise from your participation the challenges.

  1. For When You Buy Products…
  1. products
    1. We sell challenge cards for buyers (Products) to undertake novel challenges (each a Challenge and together the Challenges) over the course of ten weeks (each a Challenge Block). 
    2. These Products are available for purchase through our Website and can be refined to meet specific requirements, including but not limited to the following categories:
      1. challenges suitable for different age groups;
      2. location-based challenges; and
      3. challenges for groups.
    3. You understand each Challenge Block is designed to be completed over the course of ten weeks, with each individual Challenge completed on a weekly basis. For the avoidance of doubt, you understand that you will not receive the Products in full at the time of checkout. Instead, the Products will be mailed in instalments, with a new challenge card sent out for each consecutive week. 
    4. You acknowledge and agree that the delivery of each individual challenge card is subject to external delivery partners and potential delays in accordance with clause 9. We will make our best effort to ensure that the Products are delivered on a weekly basis, but we cannot guarantee that the Products will arrive each week, or that you will complete a Challenge Block within the allotted time frame of ten weeks as intended.
    5. You are responsible for selecting the appropriate Products that meet your individual needs and interests, and for using the Products as intended to complete the Challenges within the allotted time frame of ten weeks per Challenge Block (subject to the delivery limitations set out in clause 9).
    6. By accessing or using our Website, and by purchasing our Products, you agree to be bound by our terms and conditions. If you do not agree with any of these terms and conditions, please do not use our Website or purchase our Products.
  2. SUBMITTING AN ORDER
    1. By submitting an order for purchase of our Products using the Website’s functionality (either for yourself or on behalf of someone else) (Order) you represent and warrant that:
      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  3. PRODUCTS
    1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    2. Until the price of your Products is paid in full, title in those Products is retained by the Challenge List. Risk in the Products will pass to you on delivery in accordance with clause 9. Delivery must not be refused by you.
  4. ACCOUNTS
    1. To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
    2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  5. client obligations

You agree that during each Challenge, you will: 

  1. behave respectfully and with consideration to all other people they communicate with in the course of completing a Challenge;
  2. exercise reasonable judgement in relation to the interpretation of instructions provided for each Challenge and make an assessment of the suitability of each Challenge in the context of your individual circumstances; 
  3. not take any actions that may put yourself or any other person in any kind of harm or danger,  including but not limited to physical harm, emotional distress, or financial loss; 
  4. not engage in any behaviour that is illegal, harmful, or offensive, including but not limited to hate speech, harassment, or discrimination; and
  5. not take any actions that would threaten to bring the reputation of the Challenge List into disrepute.
  1. challenge activities 
    1. recommendation only

You acknowledge and agree that the Challenges provided on each challenge card are recommendations only and do not constitute a direction by the Challenge List. The Challenges are intended to be completed at your own discretion and at your own risk.

  1. suitability
    1. While the Challenge List provides buyers with the ability to refine their search and purchase Products within specific categories, the Challenge List does not account for individual circumstances, and does not provide any guarantee as to the suitability of Products for any buyer category or age group. 
    2. It is your responsibility to assess the suitability of any Products based on your individual needs or the needs of any person or minor on whose behalf you are purchasing Products.
  2. limitations

You acknowledge and agree that the Challenge List is not responsible for any injury, illness, disability, death, or property damage that may arise from your participation in the Challenges. You further acknowledge and agree that the Challenge List does not assume any responsibility for the actions or omissions of any third-party providers of goods or services related to the Challenges.

  1. RISK

You assume all risks and liability for injuries to or deaths of persons or damage to property arising in connection with your participation in the Challenges.

  1. EXCLUSIONS
    1. While the Challenge List aims to create accessible and inclusive Challenges, it cannot guarantee that all Challenges will be appropriate or accessible for individuals with disabilities. 
    2. Persons with disabilities, including those with visual, auditory, mobility, cognitive, neurological, or other disabilities, may not be able to participate in some or all of the Challenges provided by the Challenge List. 
    3. By using the Challenge List, you acknowledge and agree that the Challenge List does not guarantee accessibility or suitability for individuals with disabilities, and that you assume full responsibility for determining whether a Challenge is appropriate for you or any person or minor on whose behalf you are considering a Challenge.
  1. disclaimer
    1. By participating in Challenges offered by the Challenge List, you understand that you are voluntarily participating in activities that may involve risk of injury, illness, or property damage. These risks may include, but are not limited to, allergic reactions, adverse reactions to new products, and physical injury resulting from various activities such as cooking, hiking, biking, or trying new beauty products. 
    2. You are solely responsible for your own safety and well-being while participating in any Challenges. The Challenge List is not liable for any injury, illness, disability, death, or property damage that may occur as a result of your participation in the Challenges. 
    3. By participating in the Challenges, you hereby release, indemnify, and hold harmless the Challenge List, its owners, employees, and agents from any and all claims, damages, and expenses arising from or related to your participation in the challenges, in accordance with Part C of these terms. 
  2. PAYMENT
    1. All prices are:
      1. per unit (except where indicated);
      2. in Australian Dollars; and
      3. subject to change prior to you completing an Order without notice.
    2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    3. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by the Challenge List, you must pay the GST subject to the Challenge List providing a tax invoice.
    4. (Card surcharges) The Challenge List reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    5. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  3. DELIVERY AND SHIPPING
    1. (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    2. (Delivery Details) The Challenge List may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      1. delivery is to the delivery point specifically accepted by the Challenge List; and
      2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    3. (Weekly Deliveries) Delivery of each challenge card is intended to occur weekly over the course of ten weeks, commencing from the date of purchase. While we endeavour to ensure that the Challenges are delivered to you in a timely manner, we do not guarantee that delivery will occur on a specific date or within a specific timeframe. Delivery times are estimates only and may be subject to postal delays or other circumstances beyond our control.
    4. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with delayed delivery, including any loss or damage resulting from your inability to participate in the Challenge as scheduled.
    5. (International Orders) The Challenge List reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
  4. CHANGES TO YOUR ORDER
    1. CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  1. CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 10.3 may apply.

  1. RETURNS AND EXCHANGES
    1. We do not offer change of mind returns.
    2. We will provide a full refund of the price paid for a Product if we determine that:
      1. a Product you have ordered was not received by you solely due to failure by us;
      2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      3. a Product is faulty, in accordance with clause 10.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
    3. (Faulty products) The following process applies to any Product you believe to be faulty.
      1. If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
      2. If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
      3. If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
      4. If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      5. If you fail to comply with the provisions of this clause 10 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
      6. Nothing in this clause 10 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
  1. INTELLECTUAL PROPERTY
    1. The Challenge List retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
    2. In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  2. THIRD PARTY SUPPLIERS
    1. We may do any of the following:
      1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      2. procure materials and Products from third party suppliers,

without further notice to or permission from you.

  1. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
  1. For When You Browse This Website…
  1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  1. YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Challenge List;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of the Challenge List, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.
  1. INFORMATION ON THE WEBSITE
    1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      1. the Website will be free from errors or defects (or both, as the case may be);
      2. the Website will be accessible at all times;
      3. messages sent through the Website will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Website will be secure or confidential; and
      5. any information provided through the Website is accurate or true.
    2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  2. INTELLECTUAL PROPERTY
    1. The Challenge List retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Challenge List or as permitted by law.
    3. In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  3. THIRD PARTY TERMS AND CONDITIONS
    1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    2. You agree to any Third Party Terms applicable to any third party goods and services, and the Challenge List will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  4. LINKS TO OTHER WEBSITES
    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  5. THIRD PARTY PLATFORM
    1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
    2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  6. SECURITY

The Challenge List does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  1. Liability And Other Legal Terms
  1. LIABILITY
    1. (Liability) To the maximum extent permitted by applicable law, the Challenge List limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by the Challenge List to the total Fees paid by you to the Challenge List under the most recent Order.
    2. Claims for loss of or damage to Products in transit must be made against the carrier.
    3. Products sold by the Challenge List, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    4. All other express or implied representations and warranties in relation to Products and the associated services performed by the Challenge List are, to the maximum extent permitted by applicable law, excluded.
    5. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    6. (Indemnity) You indemnify the Challenge List and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
      1. breach of any third party intellectual property rights;
      2. breach of any of these terms;
      3. use of the Website; 
      4. negligent, wilful, fraudulent or criminal act or omission; or
      5. use of any goods or services provided by the Challenge List.
    7. (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Challenge List be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by the Challenge List (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  2. GENERAL
    1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  1. COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

  1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  1. INTERPRETATION
    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (currency) a reference to $, or “dollar”, is to Australian currency;
    3. (gender) words indicating a gender includes the corresponding words of any other gender;
    4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  1. NOTICES 
    1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
    2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
    3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.