We’ll try and keep this short and sweet....

In these terms and conditions, “we” “us” and “our” refers to frank green Enterprises Pty Ltd ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205. Your access to and use of all information on this website including purchase of our product(s) is provided subject to the following terms and conditions and our privacy policy (together, the terms and conditions).

We reserve the right to amend the terms and conditions at any time and your use of the website will represent your agreement to be bound by these terms and conditions and any amendments which will take effect immediately.. We therefore recommend that each time you access our website you read these terms and conditions. If you do not agree to these terms and conditions please do not use our website or our products.

Promotional T&Cs

Lucky Bag 2024 Promotion Terms & Conditions ("Conditions of Entry")

Schedule 

Promotion: 

Lucky Bag 2024 Promotion

Promoter: 

Frank Green Enterprises Pty Ltd ABN 61 166 075 592, 7 Raglan Street, South Melbourne, VIC 3205, Australia. 

For any inquiries regarding this Promotion, please contact the Promoter at hello@frankgreen.com.

Promotional Period:

Start date: 21/05/24 at 08:00 am AEST/NZST (frank green friends) or 23/05/24 at 08:00 am AEST/NZST (general public)

End date: 29/05/24 at 11:59 pm AEST/NZST or while stocks last

Eligible entrants: 

Entry is only open to Australian and NZ residents. Entrants under the age of 18 must have parent or legal guardian approval to enter.

How to Enter:

To enter the Promotion, the entrant must purchase a frank green ‘Lucky Bag’ from frankgreen.com.au during the Promotional Period.  Stocks of Lucky Bags are strictly limited and only available until sold out (during the Promotional Period).  


Lucky Bags are comprised of an assortment of frank green products. Entrants will not be able to select the items contained in the Lucky Bags. Entrants acknowledge that by purchasing a Lucky Bag they agree to these conditions of sale. 


Purchase of frank green ‘Lucky Bags’ is subject to the frank green Product Returns policy on ‘Lucky Bags’ (available at https://frankgreen.com.au/pages/product-returns).  Lucky Bag products cannot be exchanged or refunded for change of mind.


‘Lucky bag’ purchases will automatically be entered into the draw. 

Entries permitted:

Entrants may purchase multiple frank green ‘Lucky Bags’. Each ‘Lucky Bag’ purchased is one (1) entry into the draw.  

Total Prize Pool: 

AUD $50,000.00


Prize Description

Number of this prize

Value (per prize)

Winning Method

Conditions

The prize is $50,000 paid by direct deposit to the winner's nominated Australian/New Zealand bank account in their name.

1

AUD$50,000.00

Draw: computerised random selection - 03/06/24 at 12:00 pm AEST

The winner must provide their Australian/New Zealand

bank account details to the Promoter in order for the 

prize to be awarded.

Winner notification:

The winner will be contacted by email and phone within two (2) days of the draw. The winner will be published at https://frankgreen.com.au/pages/terms-and-conditions by 05/06/24.

Unclaimed Prizes:

Prize must be claimed by 05/08/24 at 12:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 06/08/24 at 12:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winner of the redraw will be notified by email and phone within two (2) days of the redraw. The winner will be notified publicly (and their details published) at https://frankgreen.com.au/pages/terms-and-conditions by 08/08/24. 


If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published at https://frankgreen.com.au/pages/terms-and-conditions.


1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
6. Draw
a) The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00 pm AEST on 03/06/24 using computerised random selection.
i) The first valid entry drawn will be the winner of the prize specified in the Schedule above.
b) The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
7. All reasonable attempts will be made to contact the winner.
8. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
9. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
11. No entry fee is charged by the Promoter to enter the Promotion.
12. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
13. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter will handle personal information in accordance with its privacy policy which is located at frankgreen.com.au/pages/privacy. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.
14. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory/Country or postcode of residence.
15. It is a condition of accepting the prize that the winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf.
16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ) and the Competition and Consumer Act 2010 (Cth).
18. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).
22. The winner will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
25. Authorised under: ACT Permit No. TP 24/00916, NSW Authority No. TP/03485 and SA Permit No. T24/725.

Free Shipping Over $100 (Ongoing)
Spend over $100 AUD and receive free standard shipping (valued at $7.95 AUD) at checkout. Offer can only be redeemed online at https://frankgreen.com.au/ and is only valid for Australian delivery addresses. This offer is not valid for international online orders, for wholesale orders, or with any other partners or stockists of frank green. This offer may be extended or changed at frank green's discretion.

Donation at Cart (Ongoing)
100% of every $1AUD donated at checkout at https://frankgreen.com.au/ will be passed on to Parley LLC. Limit one dollar donation per transaction. No exchanges or refunds are available on donations. This offer can be redeemed online at https://frankgreen.com.au/ only. This website is enabled to securely take donations. This offer is not valid for international online orders, for wholesale orders, or with any other partners or stockists of frank green. This offer may end or change at frank green's discretion.

Scavenger Hunt for Lucky Bag
There are ten prize packs to be redeemed in VIC and ten prize packs to be redeemed in NSW. Each individual prize pack is valued at $200 AUD+. 

frank green staff will be filming competition entrants as they redeem their prizes in public. 

Prize winner is determined as the first person to arrive at the location to claim the prize. In the event of a tie, it is up to the frank green staff member’s discretion to determine the winner. 

By accepting this prize you are giving consent for your image to be used on frank green social platforms including but not limited to, Instagram & TikTok. This footage may be used in a paid and organic capacity. 

Winners will need to sign a consent form to confirm their understanding of these T&Cs before being able to receive their prize. 

Entrants will have a maximum of 30 minutes to collect prizes at each location from the time the Instagram Story stipulating prize location is published on frank green’s Instagram channel. 

Each location will be identified via frank green’s Instagram Stories. If prizes are not redeemed within 30 minutes at each designated location, unclaimed prize packs will be taken to the next location where they will be available for the next winner to claim. 

frank green reserves the right to withhold prize pack transfer if entrants are acting outside of frank green’s code of conduct. This includes acting in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. 

VIC Scavenger Hunt will commence from 10am Saturday 18 May 2024 AEST and end between 2pm & 5pm Saturday 18 May 2024 AEST. The NSW Scavenger Hunt will commence from 10am Sunday 19 May 2024 AEST and end between 2pm & 5pm 19 May 2024 AEST. 

Employees of frank green, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter. 

frank green are not liable for any travel expenses incurred by entering this competition. Prize packs are non transferrable or refundable. frank green and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. 

frank green reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Scavenger Hunt and/or provide an alternative prize.

Digital Chocolate Hunt
Offer valid from 8am AEST Thursday 28th March 2024, until 8am AEST Tuesday 2nd April 2024. To redeem, participants must uncover the hidden animated Chocolate frank green in our iconic 34oz/1L Ceramic Reusable Bottle in five designated locations across the frank green Australia website and apply the code provided at checkout to receive a discount on eligible items. This offer is exclusively available for online redemption at https://frankgreen.com.au/ and cannot be used in conjunction with any other partners or stockists of frank green. Please ensure you refer to our exchanges and returns policy. frank green reserves the right to extend or modify this offer at its discretion.

LANEIGE x frank green Giveaway
PROMOTION DETAILS

By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.

The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter).

The Promotion commences at 8am (AEST) 8 May 2024 and closes at 11.59pm (AEST) 10 May 2024 (Promotion Period).

Entry is open to Australian and New Zealand residents only.

HOW TO ENTER
To enter this Promotion you must:
1. Follow @frankgreen_official and @laneige_anz on Instagram
2. Tag a friend in the post.

Multiple entries are permitted.

Entrants can only enter from their own Instagram account. Entering under a false account/s may invalidate all entries.

Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter.

Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

DRAW AND PRIZES
The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 10AM (AEST) 13 May 2024.

The major prize winner will win:
2x frank green Double Hydration Gift Sets
2x Laneige Icons to Go Set, Dreamy Lip Kit and Dream Team Trio Set

The total major prize pool is valued at up to $412 AUD (RRP inc. GST.)

The winner/s of this promotion will be notified via Instagram DM to their nominated IG account within five business days of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize.

Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.

The prize/s must be accepted by 10AM AEST Wednesday 22 May 2024.

The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval.

GENERAL
The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.

The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The
Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
or e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.

The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.

Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority.

The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into.

New Colours Giveaway
PROMOTION DETAILS
By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.

The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter).

The Promotion commences at 8AM (AEDT) Monday 11 March and closes at 8AM (AEDT) Tuesday 12 March (Promotion Period).

Entry is open to Australian and New Zealand residents only.

HOW TO ENTER
To enter this promotion you must:
1. Find and comment all of the four new colour names on our Instagram Post.
2. Follow @frankgreen_official
3. Tag a friend.

Multiple entries are not permitted.

Entrants can only enter from their own Instagram account. Entering under a false account/s may invalidate all entries.

Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter.

Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

DRAW AND PRIZES
The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 10AM (AEDT) 13 March 2024.

Four prize winners will win:
1x 34oz/1L Ceramic Reusable Bottle
1x 12oz/355ml Ceramic Reusable Cup

The total major prize pool is valued at up to $109.90 AUD (RRP inc. GST.)
The winner/s of this promotion will be notified via Instagram DM to their nominated IG account within five business days of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize.

Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.

The prize/s must be accepted by 10AM AEDT 20 March 2024.

The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval.

GENERAL
The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.

The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The
Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
or e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.

The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.

Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority.

The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into.

frank green Tap Tube Giveaway
PROMOTION DETAILS

By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding. 

The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter). 

The Promotion commences at 8AM (AEDT) 1 April 2024 and closes at 5pm (AEDT) 1 April 2024 (Promotion Period).

Entry is open to Australian, New Zealand, UK, US and EU residents only. 

HOW TO ENTER
To enter this Promotion you must:

Complete the online entry form, including the following prompt:
Tell us in 25 words or less the funniest remark someone has made about your emotional support water bottle.  

By entering our competition you’re signing up to frank friends and consenting to marketing emails from frank green.

Multiple entries are not permitted. 

Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter. 

Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way. 

DRAW AND PRIZES 
The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 10AM (AEDT) 12 March 2024.

The prize winner will win:

1x $200AUD (or equivalent) frank green e-Gift Card to be redeemed on the frank green website relevant to your region (frankgreen.com.au / nz.frankgreen.com / uk.frankgreen.com / eu.frankgreen.com or us.frankgreen.com). 

The total major prize pool is valued at up to $200 AUD (RRP inc. GST.) (Or equivalent depending on region). 

The winner/s of this promotion will be notified via email to their nominated email address within five business days of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize. 

Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.

The prize/s must be accepted by 10AM AEST 8 April 2024.

The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval. 

GENERAL 
The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.

The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The 

Promoter is not liable for any consequences of user error including (without limitation) any costs incurred. 

The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant: 
1. Fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
2. Tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
3. Submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
4. Acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; 

or 5. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter. 

The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. 

Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority. 

The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into. 

frank green Be Bold Giveaway
PROMOTION DETAILS
By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding. 

The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter). 

The Promotion commences at 1pm (AEDT) 2 March 2024 and closes at 6pm (AEDT) 8 March 2024 (Promotion Period).

Entry is open to Australian residents only.  

HOW TO ENTER
To enter this Promotion you must:

1. Follow @frankgreen_official on TikTok
2. Tag a friend in the post.

      Multiple entries are permitted. 

      Entrants can only enter from their own Instagram account. Entering under a false account/s may invalidate all entries. 

      Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter. 

      Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way. 

      DRAW AND PRIZES 
      The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 10AM (AEDT) 12 March 2024.

      The major prize winner will win:

      • 2x 34oz/1L Ceramic Reusable Bottles (Chrome Gold)
      • 2x 20oz/595ml Ceramic Reusable Bottles (Sketch Leopard/Savannah)
      • 1x Iced Coffee Cup (Chrome Gold)
      • 1x 10oz/295ml Ceramic Reusable Cup (Chrome Gold) 
      • 1x Reusable Carry Bag (Sketch Leopard/Savannah)

      The total major prize pool is valued at up to $ AUD (RRP inc. GST.) 

      The winner/s of this promotion will be notified via TikTok DM to their nominated TikTok account within five business days of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize. 

      Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.

      The prize/s must be accepted by 10AM AEDT 19 March 2024.

      The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval. 

      GENERAL 
      The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.

      The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The 

      Promoter is not liable for any consequences of user error including (without limitation) any costs incurred. 

      The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant: 

      1. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;

      2. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;

      3. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry; 

      4. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter. 

      The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. 

      Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority. 

      The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into. 

      FOUR DAYS OF FRANK FRIENDS GIVEAWAYS
      DAY 1: ULTRA VIOLETTE
      Spend $150 or more and receive a free Ultra Violette Fave Fluid Skinscreen, valued at $52.00 AUD. Automatically applied to cart. frank friends only. Offer can only be redeemed online at https://frankgreen.com.au/. Available for all orders $150+ between 9.30am AEDT Monday 19 February 2024 until 11.59pm AWST Monday 19 February 2024. One gift per eligible order. This offer is not valid with any other frank green websites, or any other partners or stockists of frank green. This offer may be extended or changed at frank green's discretion.

      DAY 2: NIKON 
      By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding. The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter).

      The Promotion commences at 12.00am (AEDT) 20 February 2024 and closes at 11.59pm (AWST) 20 February 2024 (Promotion Period). Entry is open to Australian residents only.

      HOW TO ENTER
      To enter this Promotion you must:
      1. Complete the mandatory data fields within the frank friends profile form (available via the personalised link in the competition email). 
      2. Click the Update Preferences button to submit.

      Competition open from 12.01am AEDT Tuesday 20 February 2024 until 11.59pm  AWST Tuesday 20 February 2024. Multiple entries are not permitted.

      Entrants can only enter directly from a personal email address signed up for frank friends communications. Entering under a false account/s may invalidate all entries.

      Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter.

      Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

      DRAW AND PRIZES
      The prize draw will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 11AM (AEDT) 27 February 2024.

      The major prize winner will win 1 x  Nikon Z fc Mirrorless Camera valued at $1,799  (RRP inc. GST) in a colour of the winner's choice.

      The total major prize pool is valued at $1,799  (RRP inc. GST).

      The winners of this promotion will be notified via email within five business days of the draw. In this message the winner will be sent instructions regarding how to redeem their prize.
      WINNER: Nabilah A (VIC)

      Once the prize winner is deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.

      The prize/s must be accepted by 11AM AEDT 5 March 2024.

      The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval.

      GENERAL
      The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.

      The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

      The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
      a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
      b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
      c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
      d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
      or e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.

      The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.

      Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority.

      The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into.

      Update your frank friends profile during the competition period for the chance to win. Submitting updated profile settings equals one entry into the prize draw. One entry into the prize draw per customer. 

      DAY 3: PARLEY FOR THE OCEANS
      20% of all* Reusable Bottle sales made by frank friends on Wednesday 21 February 2024 (AEDT) will be donated to Parley for the Oceans (Parley LLC). 

      Included products:
      - Ceramic Reusable Bottle (20oz)
      - Ceramic Reusable Bottle (34oz)
      - Ceramic Reusable Bottle (68oz)
      - Ceramic Reusable Bottle with Grip Lid
      - Original Reusable Bottle
      - franksters (16oz)
      - franksters (20oz)

      *Excluded products: 
      - Disney
      - Bundles
      - Gift Sets

      This offer can be redeemed online at https://frankgreen.com.au/ only. This offer is not valid with any other regions, or any other partners or stockists of frank green. The donation will be made to Parley LLC within 30 days of the promotion. This offer may be extended or changed at frank green's discretion. 
       

      DAY 4: YOUR REFORMER
      PROMOTION DETAILS
      1. By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.
      2. The promoter is frank green enterprises pty ltd, trading as frank green, ACN 166 075 592 of registered address Level 1, 3-7 Raglan Street South Melbourne VIC 3205 (Promoter).
      3. The Promotion commences at 9.30am AEDT Thursday 22 February 2024 and closes at 12.00pm AWST Friday 23 February 2024 (Promotion Period).
      4. Entry is open to Australian residents only.

      HOW TO ENTER
      5. To enter this Promotion you must complete the entry form hosted at https://frankgreen.com.au/pages/frank-green-your-reformer.
      6. By entering the competition, the entrant is subscribing to email marketing from frank green and Your Reformer, but can unsubscribe at any time.
      7. Multiple entries are not permitted. One entry per participant.
      8. Entrants can only enter from their own email address. Entering under a false account/s may invalidate all entries.
      9. Employees of the Promoter, immediate family members of any employee, and any associated company or agency of the Promoter are not eligible to enter.
      10. Entries not completed in accordance with these terms and conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

      JUDGING AND PRIZES
      11. This Promotion is a game of skill, and chance plays no part in determining the winner. All entries will be judged individually on their merits based on the Judging Criteria.
      12. Judging will take place at Level 1, 3-7 Raglan Street, South Melbourne VIC 3205 at 11.00am AEDT Tuesday 27 February 2024. Entries will be judged by a panel of judges appointed by the Promoter.
      13. The Entrant who submits the best Entry (as determined by the judges) will win the Prize(s) (Winner). The judges’ decision is final, and the Promoter will not enter into correspondence regarding the result.
      14. The total prize pool is valued at up to $6,930.95 AUD (RRP inc. GST.)
      14.1: Major Prize Details (One Winner):
               - 1 x Your Reformer Studio Bed in Blush (valued at $4,195)
               - 6 months free access to OnDemand App (valued at $119.95)
               - Essentials Pack (valued at $399)
                        - 1 x Jump Board
                        - 1 x Pilates Box
                        - 1 x Pilates Ring
                        - 1 x Pilates Ball
                        - 1 x Pair of Hand Weights
               - Pilates Pack (valued at $199):
                        - 1 x Floor Mat
                        - 1 x Reformer Mat
                        - 1 x Pair of Ankle/Wrist Weights
                        - 1 x Booty Band Set
               - Valet or depot delivery of prize to eligible areas in Australia (valued at $99). Valet delivery only available in select suburbs. Please check eligible Austraian suburbs for Valet delivery via Your Reformer's website https://yourreformer.com.au/pages/faq
               - $250 frank green e-Gift Card
      14.2: Runners Up Prizes (10 Winners)
               - 1 x Booty Band Set (valued at $29.00)
               - 1 x Pair of Ankle/Wrist Weights (valued at $59)
               - 1 x Pair Grip Socks (valued at $18.95)
               - 1 x frank green 34oz/1L Ceramic Reusable Bottle (valued at $59.95)
      15. The winners of this promotion will be notified via email within one business day of the draw. In this message the winner/s will be sent instructions regarding how to redeem their prize.
      MAJOR PRIZE WINNER:  Leanne S (VIC)
      RUNNERS UP x 10: Emily G (SA), Tiesh C (QLD), Tamika J (VIC), Jennifer G (NSW), Tegan H (NSW), Kate A (WA), Aryan G (NSW), Siobhan R (VIC), Emma B (SA), Diana Z (SA)

      16. Gift voucher prizes will be provided to winner/s via e-gift card codes which are to be redeemed at the checkout at https://frankgreen.com.au/ only. Gift voucher prizes are non-transferable, non-refundable, and cannot be sold or exchanged for cash. Not redeemable with frank green stockists.
      17. Once the prize winners are deemed by the Promoter to have complied with these terms and conditions of entry, the Promoter will deliver the relevant prize within 28 days of the winner/s entry being verified and accepted.
      18. The prize/s must be claimed by 11.00am AEDT Tuesday 5 March 2024.
      19. The Promoter reserves the right to alter the rules of the competition at any time, subject to regulatory approval.

      GENERAL
      20. The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this competition and/or provide an alternative prize.
      21. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
      22. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant: a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction; b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion; c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry; d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter. This includes where entrants use multiple names or addresses to register multiple entries.
      23. The Promoter and associated agencies and companies shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. Please refer to Your Reformer's Limitation of Liability policy HERE.
      24. Any disputes relating to the conduct of the promotion or the claiming of a prize are to be resolved by the Promoter in their absolute and sole discretion and subject to applicable law or direction of a relevant authority.
      25. The Promoter’s decisions in relation to the Promotion are final and no correspondence will be entered into. 

      PERSONAL INFORMATION AND PRIVACY

      1. The details contained in your entry are protected by security safeguards detailed in the Promoter’s Privacy Policy, which is available at https://frankgreen.com.au/pages/privacy.

      2. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

      Product descriptions

      We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct the error or omission.

      Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

      Product orders

      Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

      We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
      All prices are in Australian Dollars (AUD) and are inclusive of GST. Prices can be accessed on the product pages and we reserve the right to amend our prices at any time.

      Unless specifically stated otherwise, shipping is an additional charge. Charges will be provided accordingly in the checkout page when you select your shipping service.

      For international orders, shipping will be calculated based on the destination selected at time of purchase. International orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination. Any additional charges including customs clearance are your responsibility.
      When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

      Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. We undertake to ship your ordered product(s) within 48 hours of your order being received on a normal business day. Title in the goods passes to you when you have signed for the delivery.

      Once your order has been shipped we will provide you a link our third party logistics provider to track your parcel. All risk of loss or damage to the goods passes to you when we dispatch the goods.

      Payments

      We process all online payments through PayPal or Stripe. This is transmitted via a GeoTrust Secure Sockets Layer version 3.0 (SSL) certificate which encrypts your credit card data for processing by either third party payment gateway.

      All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to frank green, we will not be liable for any delay or non-delivery.

      If we are unable to process your credit card, please check to ensure you entered the details correctly and that the billing name and address match your credit card statement. Please refer to your credit card provider if the problem persists.

      Gift Cards

      Your frank green gift card can be redeemed (includes product and shipping) to the value of the gift card only via the frank green website (frankgreen.com). Gift cards purchased online are not redeemable with any stockists of frank green or as payment for frank green wholesale orders. 

      You do not have to use the total amount of your gift card in one transaction and can use the balance of the gift card over multiple transactions, within the validity period (within 36 months from date or purchase). To access your available balance, simply log in to your frank green account.

      To redeem your gift card, simply select which products you would like to purchase and add to the cart. The gift card can be redeemed on the cart page when making your purchase. Your gift card amount will then be automatically deducted as payment on your order.

      When redeeming your gift card, additional items or services may be added. The balance of the transaction must be paid using another payment accepted by the frank green website.

      The gift card is valid for a period of 36 months from the purchase date.
      The frank green gift card will be emailed to the purchaser who can forward it on to the recipient. The frank green products purchased with the gift card will arrive once the order has been processed with the gift card and payment has been taken.

      Gift cards cannot be discounted, returned or exchanged for cash.
      All returned items that were paid for with a gift card will be refunded as a store credit for you to use against a future purchase. This store credit will expire 12 months from issue.

      To return an item that has been purchased with a gift card, just head to the FAQ page for further details. If you return an item paid by both gift card and another payment method (ie credit card), you will be refunded up to the amount of your initial credit card payment and the remaining amount will be refunded as store credit.

      Order cancellation due to error

      Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to an error or oversight, we reserve the right to cancel a transaction. We will refund the total amount debited to your nominated bank as soon as practical.

      Product returns

      We want you to love everything you order from frank green, but if something isn't quite right you have 14 days from receiving your parcel to initiate a return.

      Product/s must be unopened, undamaged, and unused. Please note, monogrammed items, limited edition collections and Lucky Bags are final sale and are not eligible for return unless faulty or damaged on arrival.

      Returns are issued as store credit, a refund to the original payment method or an instant refund to your bank account via Refundid. Shipping costs for change-of-mind returns are not covered, and you're responsible until the item is delivered and inspected. You will be able to purchase a label directly from us and the amount will be taken off your refund.

      Site access

      When you visit our website, we give you a temporary and limited licence to access and use our information for personal use.

      Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, re-publish, distribute or display any of the information on this website without our prior express written permission of an Authorised Officer of Frank Green.

      The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.

       

      Hyperlinks

      This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

      You may only link to our website with our prior express written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

       

      Intellectual property rights

      The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

      All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior express written consent.

      Disclaimers

      Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability, accuracy, adequacy or completeness, or fitness for a particular purpose.

      To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

      We also take all due care to ensure but do not guarantee or warrant that our website is free of any virus, worm, Trojan horse and/or malware. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

      Statutory guarantees and warranties to consumers


      Schedule 2 of the competition and consumer act 2010 (‘c&c act’) defines a consumer. under the c&c act we are a supplier of either goods or services or both to you. if you meet the definition of a consumer under the c&c act gives you certain rights including:
      * a statutory guarantee that, amongst other things, any products ordered will be fit for its intended purpose and conform to any description provided on our website; and
      * certain remedies if a product is defective;

      Nothing in these terms and conditions are intended to affect these rights. for more information about these rights, we suggest you visit your local fair trading or accc websites.

      If you are a consumer for the purposes of the ACL, frank green is required to make certain guarantees regarding the supply of the products (including guarantees as to acceptable quality, fitness for purpose, due care and skill) and frank green makes those guarantees to the extent it is required by law to do so.

      To make a claim under the 12 month warranty, you must notify frank green in writing and provide a proof of purchase and sufficient photographic evidence of fault to enable us to identify the issue. We may request that you return the products to us for an in house assessment or request further information.Indemnity

      By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including consequential loss) including legal fees arising from or in connection with your use of our website.

      Indemnity

      To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless frank green and its officers, directors, employees, agents and representatives from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses, for any direct or indirect injury, damage, loss, cost or expense, arising in any way related to your breach of any of the Terms and Conditions or your use of our website or products.


      Force Majeure

      If a Force Majeure event causing delay, we may terminate this Agreement by giving at least 7 days Notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.

      Jurisdiction

      These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

      If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

      Privacy

      We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

      Our compliance with privacy legislation is set out in our separate privacy policy.

      Limitation of liability 

      frank green shall only be liable to you for losses up to 100% of the total value of goods purchased.

      We are not responsible for failure to meet any of our obligations under these terms and conditions where such failure is due to events beyond our reasonable control.

      To the maximum extent permitted by law, in no event shall frank green, nor any of its officers, directors, employees, agents and representatives be held liable for any special, incidental, direct, punitive, indirect, consequential or any other damages or injury of any kind arising out of or in any way connected with your use of this Website or the frank green’s products or services, under any theory of liability, even if frank green has been expressly advised of the possibility of such damages.

      Severability

      If any provision of these terms and conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

      Changes to Terms

      frank green is permitted to revise these terms and conditions at any time as it sees fit, and by using this website you are expected to review these terms and conditions on a regular basis, and agree to the current terms and conditions as posted here and updated from time to time.

      Assignment

      frank green is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms and conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder. 

      Governing law

      These terms and conditions and our policies will be governed by and construed in accordance with Australian law and the relevant courts of Australia will have exclusive jurisdiction.

      Payment facilities

      Some frank green products have the optional capability of a prepaid facility issued by Heritage Bank, a trading name of Heritage and People’s Choice Ltd ABN 11 087 651 125, AFSL and Australian Credit Licence 244310 (Issuer) and distributed by EML Payment Solutions Limited AB 30 131 436 532 AFSL 404131 (EML). Under its AFSL, EML is authorised to provide financial services including arranging for the issue of non-cash payment facilities using this product. When providing financial services in relation to frank green products, EML acts on its own behalf.

      Any advice contained in these terms and conditions is provided by Pay & Reward Pty Ltd ABN 43 619 304  979 as authorised representative of EML.

      These terms and conditions have been prepared without taking into account your objectives, financial situation or needs and so you should, before acting on the basis of any advice contained in these terms and conditions, consider the appropriateness of the advice having regard to your circumstances. You should obtain and consider the Product Disclosure Statement for frank green pay available at frankgreen.com/au/pay before making a decision in relation to the facility.

      The frank green Pay capability for any product is not valid until activated. Frank green Pay can only be used at contactless-enabled merchants/terminals. While generally accepted, use of frank green Pay may be declined by some merchants and may not operate in some countries.

      Target Market Determinations for applicable products issued by Heritage Bank can be located at www.heritage.com.au/TMD

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