The Feel Good Club Terms Of Use

Membership

The Feel Good Club, the memo’s loyalty program (the “Program") is offered by the memo Pty Ltd. ("Company") to customers making purchases and to potential customers on thememo.com.au. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.

Members' Acceptance of Terms

By participating in the Program, Members agree to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.

Company's Right To Change/Cancel Program

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.

Membership Eligibility

The Program is open to Australia only. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.

Membership Enrollment

Individuals can enroll by creating an account at thememo.com.au/loyalty. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, and/or email address, by visiting thememo.com.au/account and updating their Member account.

Program Communications

Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

Company is not responsible if you don’t notify us of any change of details, which may result in you not obtaining any Benefit or the loss or downgrade of your The Feel Good Club tier.

Data Privacy

See Privacy Policy for information about the Company's privacy policy.

Returns

Merchandise returns must be made in accordance with Company's return policy available at Returns and Exchanges. Upon the return of an item, the spend amount applied to Program tier status for the original purchase will be deducted from the Member's account.

Eligible Purchases

Purchases of merchandise and/or services, after promotional offers have been applied, before shipping charges have been applied, made at thememo.com.au count toward your Program tier status. The amount of a purchase made with a the memo gift card as method of payment will not be applied to Tier earnings. The purchase of a the memo gift card will be applied to Tier earnings. Additional items may be excluded from Tier accumulation at the sole discretion of Company.

Tier Status

Program tier status is based solely on a customer’s total dollar spent using the email address registered with a loyalty account on thememo.com.au.

The criteria for each Tier are as follows and are subject to change at any time.

  1. Tier 1 (Little): Free to join.
  2. Tier 2 (Big): AUD $500 lifetime spend
  3. Tier 3 (Huge): AUD $1000 lifetime spend.

For more information on Program tiers, see The Feel Good Club.

Valid Email Address

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online. Member may forget the password to their account as often as they please.

Right To Revoke

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

No Transfer

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.

Program Benefits and Details

All benefits offered to Members at any time are subject to change.

  1. Tier 1 (Little): 10% off your first order on thememo.com.au. Valid for 30 days from the date of entering the Little Tier. One time use per customer. 
  2. Tier 2 (Big): AUD $25 discount off your next order. Valid for 30 days from the date of entering the Big TierOne time use per customer. Must be used in one transaction. 
  3. Tier 3 (Huge): 10% off for 12 months from the date of entering the Huge Tier. 

Exclusions from benefits and rewards:

  • Not in conjunction with any other offer, sale, discount or coupon code. 
  • Not valid on gift cards.
  • Not valid on the SNOO Smart Sleeper Bassinet by Happiest Baby.
  • Any other exclusions can be added at any time at the discretion of the Company. 

For more information on Program tiers, see The Feel Good Club.

Intellectual Property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by the Company.

 

 

September Parenting Perk, One Month Free Subscription to KIC

This offer is exclusive to members who sign up The Feel Good Club during the month of September. The one free month is available to new KIC members who sign up via www.keepitcleaner.com, select the monthly subscription ($19.49/month) and enter the promo code sent to you via email. Once membership is created via the website, the App can be downloaded and accessed via iOS or Google Play stores. Valid credit card details are required to sign up. Keep it Cleaner will commence charging your credit card at the end of your free month unless you cancel your subscription prior. Cancellation is free, cancel anytime. Offer ends 22/10/2021. 

 

 

THE FEEL GOOD CLUB, WIN A $1000 SHOPPING SPREE COMPETITION

  1. This “The Feel Good Club, Win a $1000 Shopping Spree” (Competition) is promoted by THEMEMO PTY LTD (ABN 70 633 277 531) (we, us or our).
  2. By entering this Competition, all entrants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
  3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
  4. The Competition:

(a) begins at 12.01am Australian Eastern Standard Time (AEST) on 31 August 2021; and

(b) ends at 11.59pm AEST on 30 September 2021.

(Promotion Period).

 

Entry Requirements

  1. The Competition is open to Australian residents aged 16 or over. Entrants under 18 years of age must have parent or guardian’s permission to enter
  2. Employees and contractors (and their Immediate Families) of THEMEMO PTY LTD (ABN 70 633 277 531) and the agencies associated with this Competition are ineligible to enter.


How do I enter?

  1. This Competition is a game of chance. Skill plays no part.
  2. To enter the Competition, you must, during the Promotion Period: 

(a) Visit www.thememo.com.au and sign up to The Feel Good Club loyalty program. 

(b) Only one entry is permitted

  1. We may, at any time:

(a) verify the validity of entries and entrants (including your identity, age and place of residence); and

(b) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.

  1. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
  2. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
  3. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

 

Selecting the winner

  1. There will be 1 winner.
  2. The winner will be randomly drawn.
  3. We will conduct the draw:

(a) at our office at 41/140 Chesterville Road, Cheltenham Victoria 3192, Australia; and

(b) between 9am and 5pm AEDT on Monday 04 October 2021.

  1. We may draw additional valid reserve entries and record them in case:

(a) an ineligible entrant is drawn; and

(b) we elect to draw on the reserve entries. 

 

How will the winner be notified?

  1. The winner will be notified after 9am AEDT on Tuesday 05 October 2021 by email.
  2. It is your responsibility to notify us in writing if your contact details change.
  3. The name of the winner may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details.
  4. Our draw is final.

 

Prize details

  1. The total prize pool value for this Competition is AUD $1,000 (inclusive of GST) and will be supplied as 1 x the memo gift voucher.
  2. Prize values are based on the recommended retail prices in Australia on 30 August 2021. We accept no responsibility for any change in prize value on the date the prize is redeemed.

 

How do I claim a prize?

  1. To claim the prize, respond to the email message with your full name and nominated email address for the voucher.
  2. The prize(s) must be claimed as offered within 7 days of the winner’s announcement and is subject to product availability.
  3. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
  4. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  5. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize(s).
  6. You must comply with all terms and conditions of use of the prize(s).
  7. Before claiming the prize we may require you to sign a legal release in a form we determine.
  8. At the end of the Competition, we will, acting reasonably meet all applicable existing claims for prizes and entitlements to claims notwithstanding the advertised prize pool has been exceeded. If a printing error or other quality assurance matter occurs outside your control, we will not refuse to award a prize.

 

Unclaimed Prizes

  1. If the winner does not claim their prize within the prescribed time, we will conduct a redraw:

(a) using the same method of draw specified in clause 14;

(b) at our office at 41/140 Chesterville Road, Cheltenham Victoria 3192, Australia; and

(c) between 9am and 5pm AEDT on 18 October 2021.

  1. The winner of the redraw will be notified after 9am AEDT on 19 October by email.

 

Entries

  1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
  2. We are not liable in any way for your entry to the fullest extent permitted by law.
  3. You warrant and agree that:

(a) your entry does not contain viruses and will not cause injury or harm to any person or entity; and

(b) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

 

What happens to my personal information?

  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us:

(a) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and

(b) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us.

  1. If you wish to access, or for us to update, correct or delete, your Personal Information or your entry, contact us using the details below.



Liability

  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
  2. Subject to clause 39 and to the fullest extent permitted by law, we:

(a) are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;

(b) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and

(c) exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:

  1. any technical difficulties or equipment malfunction (whether or not under our control);

iii. any theft, unauthorised access or third party interference;

  1. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
  2. any variation in prize value or specification;
  3. any tax liability or similar charge incurred by the winner or the runners-up; or

vii. use of a prize by the winner

  1. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.
  2. You are solely responsible for any costs associated with accessing our website, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
  3. Without limiting any other terms, you indemnify us from and against your breach of these Terms.

 

Disruption to competition

  1. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:

(a) disqualify any entrant who tampers or interferes with the entry process; or

(b) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.

  1. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred at our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

 

General

  1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
  2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
  3. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
  4. The promoter of this Competition is THEMEMO PTY LTD (ABN 70 633 277 531 of 41/140 Chesterville Road, Cheltenham Victoria 3192, Australia.
  5. If you have any questions regarding these Terms, you may contact us at hello@thememo.com.au

 

Definitions

  1. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
  2. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
  3. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
  4. Personal Information has the meaning in the Privacy Act 1988 (Cth).

 

 

THE FEEL GOOD CLUB, HAT COMPETITION

  1. This “The Feel Good Club, Win 1 of 20 hats with any purchase” (Competition) is promoted by THEMEMO PTY LTD (ABN 70 633 277 531) (we, us or our).
  2. By entering this Competition, all entrants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
  3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
  4. The Competition:

(a) begins at 12.01pm Australian Eastern Standard Time (AEST) on 10 September 2021; and

(b) ends at 11.59am AEST on 14 September 2021.

(Promotion Period).

 

Entry Requirements

  1. The Competition is open to Australian residents aged 16 or over. Entrants under 18 years of age must have parent or guardian’s permission to enter
  2. Employees and contractors (and their Immediate Families) of THEMEMO PTY LTD (ABN 70 633 277 531) and the agencies associated with this Competition are ineligible to enter.


How do I enter?

  1. This Competition is a game of chance. Skill plays no part. 
  2. To enter the Competition, you must, during the Promotion Period: 

(a) Visit www.thememo.com.au, sign up to The Feel Good Club loyalty program or login in to your existing account and make a purchase (no min spend required)

(c) Multiple entries are permitted

  1. We may, at any time:

(a) verify the validity of entries and entrants (including your identity, age and place of residence); and

(b) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.

  1. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
  2. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
  3. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

 

Selecting the winner

  1. There will be 20 winners
  2. The winners will be randomly drawn and conducted as follows;

(a) at our office at 41/140 Chesterville Road, Cheltenham Victoria 3192, Australia; and

(b) between 12.01am on Friday 10 September and 11.59pm AEST on Tuesday 14 September 2021, where 1 of 20 hats will be placed inside the winner's order.