This document sets out the terms and conditions, hereafter referred to as Terms, under which The Dynamis Alliance (TDA) (ABN ###) provides access to, and use of, the TDA website at www.The Dynamis Alliance.com, plus the content, information, features and services provided via that website, hereafter collectively referred to as Service/s. Where more specific meaning of Service/s is required, for example, exclusive discounts and promotional giveaways, these will be referred to as Benefits. The TDA Returns Policy, located at www.thedynamisalliance.com/Returns, forms part of these Terms.

Individuals who use the TDA website are hereafter collectively referred to as User/s. Where more specific meaning of User/s is required, User/s will be referred to as Registered Member User/s, Non-Registered Member User/s and TDA Affiliate Business/es. Any party other than TDA administration personnel and TDA website Users, is hereafter referred to as Third-Party/ies.

Using the TDA website, and/or becoming a Registered Member User of the TDA website, entails agreement to be bound by and comply with these Terms and the TDA Privacy Policy at www.thedynamis alliance.com / Privacy Policy, as amended from time-to-time. Anyone who does not agree with these Terms and the TDA Privacy Policy, does not have permission to use the TDA website or the TDA website Services.

TDA may make changes to the TDA website and/or Services, at any time, and TDA may amend these Terms at any time by posting the amended Terms on the TDA website. By using the TDA website, the User agrees to be bound by any changes to these Terms.

TDA Affiliate Businesses

TDA Affiliate Business services, products, discounts, content, and information are made available by TDA via the TDA website. TDA Affiliate Business offers are provided solely for the benefit of our TDA Registered Member Users. The inclusion of such products and services is not an endorsement of them. TDA makes no representations or warranties regarding any TDA Affiliate Business offers, including their accuracy, quality, standard, suitability for any purpose, completeness or safety.

TDA takes no responsibility, is not a party to, and assumes no liability for any TDA Affiliate Business offers. The User agrees to release and indemnify TDA against loss, damage or claim, that relates to you using goods or services from a TDA Affiliate Business provider.

TDA Affiliate Business offers are subject to the applicable terms and policies of the TDA Affiliate Businesses that offer them.

TDA Registered Member User

TDA offers an ongoing subscription to the TDA website and Services that is direct debited monthly until terminated or cancelled. Whilst a membership account is active, it provides TDA Registered Member Users with uninterrupted ongoing membership and access to Service/s. Any requested upgrading/downgrading of membership comes into effect in the first billing cycle after the request is made.

Apart from the ongoing TDA Registered Member User option, TDA offers multiple tiers of Short-Term Membership that grant limited time access to the TDA website and Services. For details of the current one-off membership benefits see www.the dynamisalliance.com/Membership Options.

TDA Registered Member Users, are entitled to exclusive membership Benefits from TDA Affiliate Businesses across Australia. As part of their TDA membership account, Registered Member Users have access to a dashboard where, depending upon the individual membership package option subscribed to, TDA Registered Member Users can manage payments and update details as needed.

TDA Registered Member User automatic entries into promotional giveaways are sent via email and can be reviewed on the My Account dashboard on the TDA website. The TDA Registered Member User should check their My Account dashboard prior to a promotion, as entries are removed after completion of each promotional giveaway. If you have not received your entries, please contact www.thedynamisalliance.com.

TDA may amend the subscription fees at any time. Current TDA Registered Member Users will be given reasonable notice of the new fees via email, text or the TDA website. Amended fees will apply from the beginning of the next subscription billing period. The amended fees will be considered to have been accepted unless the TDA Registered Member User cancels their membership account before the end of the current subscription period.

TDA reserves the right, at any time, to add, change, modify, suspend, or discontinue any portion of the Service/s, at TDA’s sole discretion. In addition, TDA may impose limits on any part of the Service or restrict access to parts of or the entire TDA website at TDA’s sole discretion, without notice or liability.

TDA Registered Member User Account

To be entitled to all Services and Benefits of the TDA website, a User must become a TDA Registered Member User by creating an account. Creating an account is permissible only at aged 18 years or older.

As part of the process to become a TDA Registered Member User, it may be necessary to submit the name, address, email address and/or similar information of the User registering, and to create a password. Registration entails agreement that all information provided to TDA for purposes of becoming a TDA Registered Member User and creating an account, will be true, accurate, current, and complete. Failure to do so shall constitute a breach of these Terms and may result in the immediate termination of the account. Additionally, a TDA Registered Member User must:

Promptly update registration information to maintain it as true, accurate, current, and complete.

• Maintain the confidentiality of the relevant password.
• In creating an account, the User creating the account cannot:
• Use the email address or username of another person with the intent to impersonate that person,
• Without authorisation, use a name subject to the rights of any other person, and
• Use an email address or username that is offensive, profane, or otherwise inappropriate.

A TDA Registered Member User may not share or transfer their account, nor disclose their password to anyone. A TDA Registered Member User agrees to immediately notify TDA by email to support@thedynamisalliance.com of any known or suspected unauthorised use(s) of their account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of their password.

A TDA Registered Member User understands and agrees to be liable for all activities under any account created for their use, even if such activities were not conducted by that TDA Registered Member User.

TDA is not responsible for any loss or damage arising from the failure of a TDA Registered Member User to maintain the confidentiality of their password.

Membership Benefits

Becoming a TDA Registered Member User supports the TDA brand, a mutual benefit, business promotion community, and gives access to all membership Benefits, including automatic entry in promotional giveaways, at times with the option to acquire further entries into promotional giveaways for the specified limited duration of ticket sales to TDA Registered Member Users.

For questions regarding membership benefits, current promotional giveaways and accumulated entry numbers please contact support@thedynamisalliance.com. For details of the current TDA Registered Member User membership Benefits go to www.thedynamisalliance.com/Membership Benefits.

Promotional Giveaways

Participation by User/s in promotional giveaways will be subject to additional terms specific to each contest. TDA will publish these additional terms upon announcement of each promotional giveaway.

Limitations and Changes to Benefits

Benefits may be of a limited nature. For example, if there is a finite number of entries to a promotion, TDA may limit TDA Non-Registered Member User access on a TDA Registered Member User first-come, first-serve basis, or any other basis at TDA’s sole discretion. Also, Benefits available to both TDA Registered Member Users and TDA Non-Registered Member Users may be limited to particular geographical areas or locations, and neither category of User is entitled to a refund of any fees paid if unable to, for example, travel to an event or access a Benefit.

TDA may suspend, remove, add or alter Benefits at any time, at TDA’s sole discretion. While TDA will endeavour to replace any removed Benefits with similar offers, TDA cannot guarantee this. Users are not entitled to any refund of fees already paid due to changes in the Benefits.

Termination of Accounts by TDA

A TDA Registered Member User understands and agrees to having no ownership rights in their account and that TDA may stop offering the Service at any time. TDA may cancel a TDA Registered Member User account, delete all registration information and any other information provided to the TDA website (hereafter referred to collectively as, User Content), associated with an account at any time, without notice, for any reason or no reason including, without limitation, the violation of these Terms or a suspected security breach by the TDA Registered Member User.

TDA will not be liable for any damages or loss resulting from the removal of any User Content from the TDA website and/or the Services.

If the TDA Registered Member User bank account contains insufficient funds to honour their subscription by the due date, four (4) automatic attempts can be made by to activate the direct debit. These four attempts are inclusive of any attempt by the TDA Registered Member User to contemporaneously edit the account. If there are still insufficient funds on the final attempt by the TDA automatic electronic processor, it will terminate the Registered Member User account and membership.

TDA reserves the right to temporarily or permanently restrict or block access to the TDA website and/or the Service/s to any former TDA Registered Member User who has had their account terminated. Termination of an account does not affect the obligation of the account holder to pay any outstanding amounts to TDA.

Cancellation of Account by User

A TDA Registered Member User may cancel their account at any time, by contacting support@thedynamisalliance.com. Cancellation will take effect as soon as TDA administration has processed the request, whereby TDA will cancel all future direct debits and entries from any current and future promotional giveaways. Terminating membership does not remove a member from our mailing or text lists, but this can be achieved by following the associated links provided as part of the cancellation process on the TDA website.

Once a TDA Registered Member User account is cancelled the TDA payment processor does not allow for the reactivation of that subscription. If a former TDA Registered Member User wants to continue their subscription, instructions  on how to achieve this are provided in TDA’s notification emails or email TDA at support@thedynamisalliance.com

Use of TDA Webite & Services

In using the TDA website and/or Services, no User should violate any applicable law or regulation. Without limiting the foregoing, the TDA website Users agree not to:

• make available through the TDA website any material or information that infringes copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the TDA website and/or the Services or otherwise attempt to disrupt the TDA website and/or the Services or any other person’s use of the TDA website and/or the Services; or
• attempt to gain unauthorised access to the TDA website, Services, registered User accounts, or computer systems or networks connected to the TDA website and/or Services.

Furthermore, a User may not use the TDA website and/or Services to develop, generate, transmit or store information that:

• is hateful, harmful, abusive, defamatory and/or obscene;
• in any way obstructs or interferes with the usual performance of another person’s use of the PDA website and/or Services,
• enacts any unsolicited commercial communication not permitted by applicable law;
• constitutes a violation of privacy, harassment, or threatens other people or groups of people;
• is in any manner harmful to children;
• violates applicable law, regulation or ordinance;
• makes any false, misleading or deceptive statement or representation regarding TDA and/or the TDA website or Services or;
• constitutes phishing, pharming or impersonating another person, and/or steals or assumes another person’s identity (whether real identity or an online nickname or alias).

TDA website Users agree that they will not:

• obtain or attempt to obtain from the TDA website, any information without limitation and including, email information of other registered members and/or other TDA website data;
• intercept, examine or otherwise observe any proprietary communications  used by the TDA website, whether through the use of a network analyser, packet sniffer or any other device;
• use any type of virus, bot, spider, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or Third-Party software that is designed to provide covert or unauthorised access to, or distort, damage, delete or disassemble, the TDA website.

The TDA website and Services are operated by TDA in Australia. Users who access the TDA website and/or Services from locations outside Australia do so at their own initiative and are responsible for compliance with the applicable local laws.

Comments and User Content

All feedback, suggestions, ideas, comments and other submissions the User discloses, submits or offers to us in connection with use of the TDA website or Services, like suggestions for improvements to the TDA website or Services (hereafter collectively referred to as Comments) will become the exclusive property of TDA. Such disclosure, submission or offer of any Comments shall constitute assignment to TDA of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights in and to the Comments, and a waiver of any claim based on breach of implied contract, breach of confidentiality, unfair competition, moral rights, and any other legal theory relating to submissions. TDA will exclusively own all such right, title and interest and not be in any way limited in the use, commercial or otherwise of any Comments.

Users should not submit any Comments to TDA if the User does not wish to assign such rights to TDA, which is and will be under no obligation to:

• maintain Comments in confidence;
• pay the User or any Third-Party compensation for Comments;
• respond to any Comments.

The User is and shall remain solely responsible for the content of Comments made by the User. By posting Comments or any other content, the User warrants and represents that the User owns the rights to the content or is otherwise authorised to post, display, transmit, perform, or otherwise distribute such content and/or Comments and grant TDA the right to do the same.

TDA website User Comments and the contents of all the User Comments and other online communications, including without limitation, chat text, voice communications, IP addresses and personal information, will be managed in accordance with the TDA Privacy Policy, available at www.thedynamis alliance.com/Privacy Policy. TDA may amend the Privacy Policy at TDA’s sole discretion. If TDA amends the TDA Privacy Policy, the new policy will be posted on the TDA website.

Hyperlinks

The TDA website may contain links to websites operated by TDA Affiliate Business offers and Third-Parties. TDA provides these links as a convenience to Users and use of these sites is at the User’s own risk. Such links do not imply TDA endorsement of information or material on TDA Affiliate Business and Third-Partiy websites and TDA disclaims all liability with regard to User access to, and use of, such linked websites. The linked sites are not under the control of TDA, and TDA is not responsible for the content available on them.

No entity may place a link to the TDA website on a TDA Affiliate Business or Third-Party website without the prior written consent of TDA and with that consent the TDA hyperlinking policy must be adhered to as follows:

• any aspect and/or attribute of the link may not be such as to damage or dilute the goodwill associated with TDA and/or its Users, Affiliate Businesses and/or their names and trademarks;
• any aspect and/or attribute of the link may not create the false appearance and/or impression that the organisation or entity of the entity creating the hyperlink is sponsored by, affiliated with, or associated with TDA;
• when selected, the link must display the TDA website in full-screen, not within a frame on the linking site, and;
• in its sole discretion, TDA reserves the right to revoke consent to a hyperlink at any time.

Intellectual Property

The arrangement and layout of the TDA website including, but not limited to, interfaces, content, the TDA trademark and logo, designs, text, artwork, graphics, images, buttons, User interfaces, information and other content, and any compilation of TDA Intellectual Property, are the property of TDA, except where otherwise noted, and are protected from simulation, imitation, copying, and/or communication, under Australian and international laws ,and may not be reproduced, modified, displayed, communicated, distributed, and/or transmitted without the prior written permission of TDA.

The User understands and acknowledges that, by visiting the TDA website, they do not obtain and/or acquire by implication or otherwise, any right and/or license to use and/or make copies of any information and/or materials displayed on the TDA website. The User further agrees not to use and/or display any TDA intellectual property or Third-Party content located on the TDA website in any manner not expressly permitted under these Terms.

Maintenance and inaccessibility 

The User agrees and acknowledges that the TDA website and Services are operated from servers owned and/or controlled by Third-Parties. At times, access to the TDA website and Service/s may be limited and/or interrupted, during which time TDA will use all reasonable efforts to restore access as soon as possible. However, TDA is not liable for any damage and/or harm the User may suffer during an interruption to access.

At times, TDA may electively render the TDA website and/or Service/s inaccessible as required for maintenance, upgrades and/or updates. In this event, TDA will use all reasonable efforts to provide Users with advance notice of limited and/or interrupted access. However, this may not always be possible, and the User acknowledges that TDA is not liable for any damage and/or harm the User may suffer such during an interruption to access.

Errors

In the event that there may be technical or administrative errors in the TDA website and Service, including errors of description and/or functionality, TDA reserves the right to correct any errors and/or update to the TDA website and Service/s at the absolute discretion of TDA. Further, TDA is not responsible for any errors in information provided by Users or Third-Parties.

Duties & Taxes

The User is solely responsible for the payment of any kind of government charges, duties, and/or taxes incurred as a result of using the TDA website and/or in connection with these Terms.

Liability

If the User is a consumer within the meaning of Australian law, the User has certain rights and/or guarantees that cannot be excluded from these Terms (Non-Excludable Conditions). Subject to those Non-Excludable Conditions, and to the maximum extent permitted by law, TDA excludes from these terms:

• all guarantees, conditions, and/or warranties that are not expressly stated;
• all liability for any damage and/or loss suffered by the User directly or indirectly in connection with these Terms and;
• all liability for any pure economic loss, loss of profit, and/or any form of consequential or indirect loss.

If TDA’s liability under these Terms cannot be lawfully excluded to the maximum extent permitted by law, to the option of TDA, the liability of TDA for breach of any Non-Excludable Condition is limited to:

• in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
• in the case of services, repeat of the service/s or payment of the cost of repeat of the service/s.

The User agrees to release and indemnify TDA and/or employees and/or agents of TDA against all liability in any way connected with:

breach of these Terms by the User;

• any agreement between the User, a TDA Business Affiliate and/or a Third-Party supplier of goods and/or services;
• any damage to personal property, and/or personal injury and/or death arising directly or indirectly from the conduct of the User;
• any libel, slander, defamation, product disparagement, and/or indecent, false, misleading and/or deceptive conduct by the User;
• any infringement of the intellectual property rights of TDA by the User;
• TDA being required under privacy laws to correct any data, respond to any complaint, and/or address any other matter raised by a User;
• TDA relying on any incorrect, fraudulent or false information provided to TDA by the User, and/or;
• any incorrect, false and/or fraudulent information provided by a Business Affiliate and/or Third-Party to the User.

TDA may make a claim under indemnities in these Terms relating to a cost before having incurred the cost, and/or before making a payment towards the cost. In these Terms, the indemnities are in addition to any damages to which TDA may be entitled for breach of contract by the User. In the event of a breach of these Terms by the User, nothing in the indemnities will be construed as preventing TDA from claiming damages. In these Terms, each indemnity is a continuing obligation, separate and independent from other obligations of TDA and the User, and survives termination of these Terms for whatever reason.

Complaints and disputes

If the User has a complaint about the TDA website or Service, the User must submit to TDA a complaint in writing. At their sole discretion, TDA may or may not investigate User complaints, depending on the nature of that complaint.

In accordance with this section of these Terms, and to the fullest extent of the law, the User agrees not to bring court or tribunal proceedings against TDA for any complaint unless the User complies with the requirements of this clause.