Website Terms & Conditions
Last updated: 11 May 2026
1. Introduction
1.1. By accessing or using our website at thegiveawaycollective.com.au (Website), related sites, URLs, social media platforms (collectively Sites) and services including purchases and contact forms (Services), you agree to these Terms and Conditions (Terms). If you disagree, immediately cease using the Website and Services.
1.2. By agreeing to these Terms, you are entering into an agreement with CM & CO Group Pty Ltd trading as The Giveaway Collective (ABN 12 694 830 898) trading as The Giveaway Collective, including its successors, assignees and related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (The Giveaway Collective or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.3. Our Services and Website are not intended for users under 18 years of age. Users under 18 may only access the Website and Services with parental/guardian consent, who must also agree to these Terms.
1.4. By using our Website and Services, you confirm that you: (a) have read and agree to these Terms; (b) are over 18 years old; and (c) have the legal capacity to enter into this agreement.
1.5. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Sites and Services.
2. Use of the Website and Services
2.1. You agree that you are solely responsible for your access to our Website and for ensuring that any persons that access the Website and Services through your internet connection or account credentials are aware of and compliant with these Terms. You agree to be liable for any breach of these Terms by such persons.
2.2. You warrant and represent to us that your use of the Website and Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Website and Services and otherwise where applicable, and that you will not use our Website and Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
Your Conduct
2.3. You agree that you will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Website with any party;
(c) use the Website and Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user's use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
(e) use the Website to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Website to redirect users to other websites or encourage users to visit other websites;
(i) use the Website for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Website;
(k) harvest or collect email addresses or other contact information of other users from the Website by electronic or other means or use the Website to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Website or features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the Website that you are not authorised to access;
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;
(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(r) use any kind of code, program or device containing reference to the Website in order to direct any person to any other website for any purpose;
(s) resell, rent out or make any commercial use of the Website;
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Website;
(u) attempt to mislead others as to the origin of any information through the Website by copying, forging or manipulating identifiers such as headers, footers or signatures;
(v) use automated methods or processes to use or access the Website or create user accounts;
(w) cause harm to our Website by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services or Website; or
(x) use the Website or the Services other than for their intended purpose.
User accounts
2.4. To access and use the Services, you may be required to register for a user account on our Website.
2.5. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account. When you register an account with us, please note that your Personal Information will be accessible by us in accordance with our Privacy Policy.
2.6. You agree that User Content (as defined below) you provide to us may be made publicly accessible to third parties, including other users or visitors of the Website. You agree that we are not liable to you for any use, access, misuse, or misappropriation of User Content (as defined below) by third parties, and you hereby release us from any claims relating to such use.
2.7. We retain the right, at our sole discretion, to screen and verify you (or your business, if applicable) and your identity at any time, including through third-party verification services. You agree and consent to such verification process and to provide to us immediately upon request, complete, accurate and current information and documentation, confirming your identity and eligibility to use the Website and Services.
2.8. We reserve the right to terminate or suspend your access to the Website or your account at any time and for any reason, with or without notice, including for failure to verify your, or your businesses’ identity or your breach or suspected breach of these Terms.
3. User Content
Licence to use User Content
3.1. By providing any content to us or our Website (User Content), you grant us and our affiliates a perpetual, worldwide, royalty-free license to use, modify, publish, distribute and sublicense that content in any form for any purpose, without attribution or compensation.
3.2. By uploading, publishing, transmitting or making available any User Content to us, you warrant and represent to us that:
(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to us;
(b) our use of the User Content will not infringe or violate any third-party rights, including but not limited to intellectual property rights, moral rights and privacy rights;
(c) our use of the User Content will not give rise to an obligation to make any payment to a third party;
(d) any User Content you provide within or in relation to the Services is accurate, complete, not false and not misleading;
(e) the disclosure and use of the User Content to us will not defame or cause harm to any other user or third party;
(f) our use of the User Content will not breach the security of our Website, us or our users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(g) our disclosure and use of the User Content does not violate these Terms or other policies, or any applicable law, rule or regulation;
(h) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(i) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(j) our disclosure and use of the User Content does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(k) our disclosure and use of the User Content will not bring us into disrepute; and
(l) the User Content does not contain, promote or enable illegal or unlawful activities.
Our Rights and liability in relation to User Content
3.3. We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however we are not obliged to do so.
3.4. You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within one (1) day’s written notice to you.
3.5. We are not responsible user or third-party content for, any on our Website. You release us and our personnel from all related claims. All content may be protected by copyright regardless of any notice copyrighted.
4. Orders and cancellations
4.1. You agree that any purchase of goods through our Website (Goods) is subject to these Terms.
Orders
4.2. You may place an order for Goods directly via our Website (Order).
4.3. An Order is accepted upon the latter of the following to occur:
(a) you have submitted your Order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c) we have issued an Order confirmation.
4.4. By placing an Order, you are making an offer to purchase those Goods for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order.
4.5. We reserve the right to:
(a) reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in Goods or pricing information, where fraud is suspected, or where there is an error in your Order;
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
(c) cancel an Order at any time, for any reason; or
(d) restrict the quantity or total value of Goods available for purchase to each person or address.
4.6. Where we exercise the rights above, we will notify you by email and suggest alternative Goods, remove an item from an Order or provide a refund of the purchase price where applicable and we shall not be liable for any loss or damage whatsoever arising from such acts.
Cancellations
4.7. Please note that you cannot cancel, modify or amend an Order once it has been placed and confirmed by us (except as required by Australian Consumer Law or other applicable laws).
4.8. If you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by us as a direct result of the cancellation.
5. Goods
Product images
5.1. Product images are representative only and actual items may vary. Styled accessories shown are not included unless specified. Read all product descriptions carefully before purchase.
Availability of Goods
5.2. All Orders are fulfilled subject to availability. Whilst we use our best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable.
5.3. Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you complete your Order. Please note that we may need to reject your Order or reject part of your Order on this basis.
5.4. If your Order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular Good and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Good. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delay.
5.5. We reserve the right to limit the sale of Goods to reasonable or a specific quantity.
Recalls and bans
5.6. If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Goods and you consent to us contacting you in this regard. You further agree to immediately inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.
Variation to Goods and Prices
5.7. We reserve the right to vary, amend, add or remove payment methods, prices or Goods offered on the Website from time to time in our sole discretion, by providing reasonable notice where practicable. We reserve the right to amend the description, name, category and quantity of the Goods available on our Website at any time, in our sole discretion without notice. We also reserve the right to provide specific terms and conditions related to the sale or use of a particular Good, in our sole discretion. Such changes will not affect Orders submitted before the change was made.
6. Prices and payment
Prices
6.1. Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST. Please note that shipping and delivery charges are not included in the displayed prices and will be a separate charge.
6.2. Prices of Goods, as well as delivery and any other charges displayed on our Website are current at the time of issue but may change at any time.
6.3. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any Goods acquired or ordered by you from our Website, except where prohibited by law. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the price of the Goods.
Payment
6.4. Full payment of the price of Goods ordered is required at the time of placing your Order, including the price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the Order check-out process. We will not accept any Orders which have not been paid for in full.
6.5. Payment may be made by the methods and to the accounts specified on the Website or approved by us in writing.
6.6. You must not pay, or attempt to pay, for an Order through any fraudulent or unlawful means. If your payment is not successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may immediately cancel the Order, retain any payments made, and report such activity to relevant authorities.
7. Returns and refunds
Returns, refunds and defective Goods will be handled in accordance with our Returns Policy.
8. Delivery and shipping
8.1. Shipping and delivery will be handled in accordance with our Shipping Policy.
8.2. Delivery of the Goods (Delivery) is taken to occur at the time that:
(a) you, or your nominated carrier takes possession of the Goods at our address; or
(b) we (or our nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.
8.3. You must take Delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take Delivery as arranged, then we are entitled to charge a reasonable fee for redelivery and/or storage.
8.4. Any delivery date or time specified by us is an estimate only and you agree that you will still accept Delivery even if they are delivered on a different date or time. We will not be held liable for any loss or damage suffered as a result of any delay in Delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
9. Risk and title
Risk of damage to or loss of the Goods passes to you upon Delivery of the Goods. Title to the Goods passes to you only upon receipt of full payment for the Goods.
10. Promotions and discounts
10.1. Promotions or discounts are subject to their own specific terms and conditions as provided by us from time to time.
10.2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 discount’ coupon cannot be used during a ‘20% Off’ sale.
10.3. We reserve the right to:
(a) terminate, modify or extend any promotional offer at any time, without notice; or
(b) cancel any Order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
11. Termination
11.1. Without prejudice to any other remedies, we may:
(a) cancel all or any part of any Order with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
(b) terminate these Terms and the provision of Services to you, in our absolute discretion, at any time by providing 30 days written notice to you. Upon termination, we may, at our election, complete or cancel any Orders placed prior to the date of termination. If we elect to cancel any Orders, we will refund any payments made for such cancelled Orders.
11.2. If we cancel an Order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, we will not be liable to you for any further loss or damage you suffer because we have exercised our rights under this clause or these Terms.
12.1. We own, control or licence all materials on our Website and Services, including but not limited to text, images, graphics, logos, designs, audio, videos, coding, and the overall design and arrangement of content ("The Giveaway Collective IP").
12.2. The Giveaway Collective IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without our prior written consent.
12.3. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the The Giveaway Collective IP or our Website or cause or assist others to do so;
(b) challenge our ownership of The Giveaway Collective IP;
(c) infringe The Giveaway Collective IP; or
(d) use or make any intellectual property that is similar to The Giveaway Collective IP.
12.4. You may access and use the information provided on our Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.
12.5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.
12.6. This clause survives termination of these Terms.
13. Privacy and communications
13.1. You expressly consent to and agree to allow us to send you emails regarding the Websites and Services, including any information regarding or relating to your Order, our Goods and services and marketing and promotional materials in accordance with our Privacy Policy. You may opt-out of receiving marketing communications at any time by following the unsubscribe instructions in our emails.
13.2. When you provide your details to us, you warrant and represent that the details are accurate, complete and up-to-date, and that you are the account holder or authorised nominee of the contact number and email address that you provide to us. You agree to promptly notify us of any changes to such information.
13.3. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, Order confirmation/assistance, product offers and/or other promotional purposes) via the contact details you provide to us, including by phone, email or post (as applicable).
14. Unauthorised access and malicious materials
14.1. You must not attempt to, or actually gain, unauthorised access to our Website or Services, the server on which our Website is stored or any server, computer or database connected to our Website and Services. You agree that you will not cause harm to our Website and Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website or Services or other users of our Services.
14.2. To the maximum extent permitted by law, including the Australian Consumer Law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website and Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
15. Third Parties
Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
16.1. To the maximum extent permitted by law, we (including our directors, employees and agents) will not be liable for any loss, damage or injury (including negligence, death, special, indirect or consequential losses, loss of profits, revenue, goodwill, opportunity, or data), whether in contract, tort or otherwise, arising from:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or on our Website;
(b) any, use of the information on or access to our Website including if for any reason the Website or the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained on the Website;
(d) any Goods or services supplied by us; or
(e) these Terms or any breach of these Terms.
16.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website and Services, that you will be responsible for those consequences.
16.3. To the maximum extent permitted by law, our liability under these Terms shall be limited to any one or more of the following:
(a) the replacement of the Goods or re-supply of the services;
(b) the repair of such Goods;
(c) the payment of the cost of replacing or resupplying the Goods or services or of acquiring equivalent goods or services or a refund of the price paid; or
(d) the payment of the cost of having the Goods repaired.
16.4. To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated on or Website or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
16.5. To the maximum extent permitted by law, including the Australian Consumer Law, our total aggregate liability to you under or in any way connected with these Terms or an Order, or the performance or non-performance of these Terms is limited to the greater of: (a) the total amount paid by you for the specific Goods or Services that gave rise to the claim; or (b) any minimum amount required by law.
16.6. This clause survives termination of these Terms.
17.1. We provide the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither we, nor any of our employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
17.2. We reserve the right to restrict access to the Website and Services or any part of the Website and Services, change or withdraw any Goods, information or content featured on the Website or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website or any part of the Website, at any time, in our sole discretion.
18.1. You agree to indemnify and hold us and (as applicable) our directors, affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, arising directly from: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your negligent or willful misuse of the Goods, Website or Services.
18.2. This clause survives termination of these Terms.
19. Amendments and correction of errors
19.1. We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.
19.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. For the avoidance of doubt, we will not change any terms applying to an existing Order that has already been accepted by us. The Terms that would apply to any such Order are the Terms that applied at the time you placed the Order.
19.3. We reserve the right to amend any errors on the Website, including (without limitation) any pricing errors and Goods description errors, at any time without notice to you.
20.1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
20.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
20.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
20.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
20.5. Entire agreement: These Terms, including incorporated policies and any additional terms you've agreed to, constitute the entire agreement and supersede all prior agreements and understandings. Additional Terms prevail over these Terms where inconsistent. This clause survives termination.
20.6. Jurisdiction: These Terms are governed by Western Australian law. You submit to the exclusive jurisdiction of Western Australian courts. Disputes must first be mediated through the Australian Disputes Centre in Melbourne before court proceedings (except urgent relief), with parties sharing mediator costs equally. For users outside Australia: we make no warranties about compliance with foreign laws - you access our Services at your own risk and must comply with your local laws. These jurisdiction and mediation requirements survive termination.
