Terms & Conditions
OUR TERMS AND CONDITIONS
These terms and conditions sets forth the terms and conditions under which Hip Pocket Network Pty Ltd – ABN: 93 683 583 511 – (Hip Pocket Network, HPN, Fight for 100k, we, or us) provides you access to our advocacy services and occasional giveaways for members, and governs your use of our website located at fightfor100.com (the Site), and any other information, content, features and services provided through the Site and via email, text, phone or other correspondence (collectively, the Service).
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YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT HPN MAKES FROM TIME TO TIME.
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If you do not agree to these terms and conditions, you may not use the Site or the Service.
HPN may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. HPN may make changes to the Site and/or the Service at any time. You understand that HPN may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
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1.PRIVACY POLICY
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By clicking purchasing a membership and using our platform or being entered into one of our member giveaways, you represent that you have read and consent to our Privacy Policy in addition to these terms and conditions. HPN may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.
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2.THE SERVICES.
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The Fight for 100 Site is a public advocacy business that fights for its members to receive the benefits of potential future actions of the government. Paid members of the Site get access advocacy, representative and political services, carried out on their behalf, in furtherance of causes highlighted on the Site. HPN reserves the right to add, change, modify, suspend or discontinue any portion of these Services, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, HPN may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
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3.AGENCY AGREEMENT FOR POLITICAL DONATIONS
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As part of delivering the advocacy, representative and political services for members HPN may determine that it is necessary to make a donation to a Member of Parliament of the Commonwealth, or of a State or Territory, or to make a donation to a registered political party. To the extent that these donations are made in the name of HPN, HPN will comply with all relevant thresholds and limitations outlined in any Commonwealth, State or Territory law.
As part of accessing the site or the Service, you agree to appoint HPN as your agent for the purposes of making donations, in your name and on your behalf, to a Member of Parliament of the Commonwealth, or of a State or Territory, or to make a donation to a registered political party. These donations will be made up to an amount not exceeding the amount paid to HPN by you in any relevant Commonwealth, State or Territory donation reporting period. If HPN makes a donation in your name, we will make a reasonable attempt to notify you. This agency agreement will persist as long as you remain a member of the Site and/or the Service, and for the duration of any relevant Commonwealth, State and Territory donation reporting period that commences while you are a member of the Site and/or the Service.
As part of this agency agreement, you agree to reduce any donations made by you to any Member of Parliament of the Commonwealth, or of a State or Territory, or to a registered political party, by the amount of the membership fees paid by you to HPN during any relevant Commonwealth, State or Territory donation reporting period.
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4. PRIMACY OF PURPOSE IN JOINING
As a condition of using this site and services, and for becoming a member of the Fight for $100K off your loans, you agree that the primary purpose for you in joining this campaign is political. You, as an Australian Citizen, are seeking to influence the policy of the Commonwealth Government – as well as state and territory governments as required – for the purpose of the Government adopting policies that give effect to a $100K debt jubilee. To the extent that you have secondary or other purposes for becoming a member of the campaign – including any associated member rewards (e.g. $100K member reward paid to one lucky member when we raise a fixed amount) – you warrant to us that these are minor considerations that did not materially affect your decision to become a member of this campaign.
5. RECOGNITION OF POLITICAL RISK
The campaign proposed by Fightfor100.com and the Hip Pocket Network, may not be successful. Although we will use our best efforts to influence government, we cannot guarantee any changes to government policy and we do not make any promises as to any future changes to the law.
As such, the membership contributions that you make on a monthly basis, must not be considered to be payment for a guaranteed outcome or political effect. By becoming a member, you warrant to us that you will not take any action against us, or seek any refund of your membership fees, in the event that the Commonwealth Government or any other government in Australia fails to take the necessary steps to legislate for or otherwise implement a $100K debt jubilee or other similar policy.
6. RECOGNITION THAT MEMBER REWARDS ARE SUBJECT TO SUFFICENT REVENUE
It is the intent of HPN to offer a draw to members for a $100,000 AUD member reward each time that HPN, through the Fight for 100 campaign, raises an amount of $1,000,000 AUD, after relevant Commonwealth and State government taxes, and any other duties, licences, fees or other charges imposed on HPN or the Fight for 100 by the Commonwealth and/or a State Government, from members of the campaign who are registered at a tier capable of gaining them entry into a member rewards draw.
HPN does not guarantee, warrant, promise or otherwise assert that it will ever raise sufficient revenue, after relevant Commonwealth and State government taxes, and any other duties, licences, fees or other charges imposed on HPN or the Fight for 100 by the Commonwealth and/or a State Government, to ever be in a position to offer a $100,000 AUD member reward.
Further, HPN does not guarantee, warrant, promise or otherwise assert that even if it does raise $1,000,000 AUD after relevant Commonwealth and State government taxes, and any other duties, licences, fees or other charges imposed on HPN or the Fight for 100 by the Commonwealth and/or a State Government, that it will offer a $100,000 AUD member reward. This is because there may be operational or other circumstances that make it impossible for us to do so while remaining viable as a business, or while still effectively pursuing the purpose of this campaign. To the extent that such circumstances exist, HPN may in its absolute discretion determine not to offer any member reward draws, for any value, whatsoever.
If HPN collects less than $1,000,000 AUD, after relevant Commonwealth and State government taxes, and any other duties, licences, fees or other charges imposed on HPN or the Fight for 100 by the Commonwealth and/or a State Government, from members, we may, at our absolute discretion, choose to offer a draw for a member reward of less than $100,000 AUD or for some other reward. However, we do not guarantee to members that we will do so.
It is a condition of you becoming a member of the campaign, that, you warrant to us that you will not take any legal or other action to seek to compel HPN to host a member reward draw, or to seek a particular value for any member reward draw.
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7.REFUNDS, RETURNS, AND EXCHANGES
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By purchasing a membership you are providing support to the advocacy and other efforts undertaken on an ongoing basis by HPN. It is important to note that memberships and one-time packages purchased during a promotional period or giveaway are non-refundable.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to
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cancel your service contract with us; and
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a refund for the unused portion or compensation for its reduced value.
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You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind, failure to follow instructions or failure of understanding.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons who are: Australian citizens; equal to or over the age of 18; registered to Vote in Australia; and who provide their address as it appears on the electoral roll.
As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to HPN for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in you not receiving some or all of the benefits available through the site and or the service, as well as resulting in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the name, residential address, email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify HPN of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. HPN is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
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8. LIMITATION ON MEMBERSHIP
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Membership is only available to Australian citizens, over the age of 18, who are registered to vote in elections in Australia. To the extent that HPN identifies that any member does not have these attributes, their membership will be terminated immediately.
In addition, HPN employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an HPN, employee, director or manager may not register as members, or be entered to win any offered giveaways.
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9.TERMINATION OF ACCOUNT AND MEMBERSHIP.
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You understand and agree that you have no ownership rights in your Account and HPN may stop offering the Service at any time. Further, HPN may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions. HPN will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.
To cancel your account, please email admin@fightfor100.com with the subject line ‘Cancelation’ and including in the body of the email, your name, email address, and postal address. Kindly note that all memberships are non-refundable. If a payment has recently been processed, it will not be eligible for a refund. Any cancellation will proceed at the conclusion of the current billing period.
Upon cancelling your membership you will receive an email notification confirming the cancellation of your subscription and you will be removed from all future payments linked to that subscription plan.
To be removed from our mailing or text lists, please use the associated links as they are sent via third parties. Terminating your loyalty membership alone will not remove you from these lists.
If your account fails to pay, there will be a number of automatic attempts made to bill it. On the final attempt, if there are insufficient funds, your membership will be terminated.
If you cancel membership, our systems do not allow for its reactivation, and all accumulated history for that membership will be lost. To continue your membership, please sign up again.
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10.USE OF SITE AND SERVICE.
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You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
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Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding HPN and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, 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 a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or Software.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit card theft reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of HPN, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
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You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Site and the Service are operated by HPN in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws, subject to the restrictions on access by non-Australian citizens outlined above.
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11. THIRD-PARTY PRODUCTS, SERVICES AND OPERATIONS.
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Third party services, content, information, and products may be made available by HPN on or through the Site (for example, third party payment integration or support from our web hosting service). Third Party Products, services information and other content are provided solely for the benefit of our paid members and HPN makes no representations or warranties regarding any Third-Party Products, services, information and other content and takes no responsibility and assumes no liability for any Third-Party Products, services information and other content. Third Party Products, services, information and other content are subject to the applicable terms and policies of the third parties that offer them.
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12. HYPERLINKS
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Links from the Site. The Site may contain links to websites operated by other parties. HPN provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of HPN, and HPN is not responsible for the content available on the other sites. Such links do not imply HPN endorsement of information or material on any other site and HPN disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent.
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13. HPN INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY INFRINGEMENT.
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The interfaces, content, arrangement and layout of the Site including, but not limited to, the HPN trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (HPN Intellectual Property) are the property of HPN, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of HPN.
You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any HPN Intellectual Property or third party content located on the Site in any manner not expressly permitted under these terms and conditions.
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14. MEMBER REWARD DISCLAIMERS
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By becoming a member or Customer of HPN the you agree that from time to time HPN may enter you as a Participant in a member reward draw. You also agree that as a participant in any member reward draw that:
Any and all disputes, claims and causes of action arising out of or in connection with the member reward draw and the promotional gifts assosicated with that member reward draw shall be resolved individually and without resort to any form of class action;
Any claims judgments and awards shall be limited to actual out of pocket costs incurred in entering the member reward draw, but under no circumstances will HPN be responsible for any legal fees;
Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the member reward draw.
In no event will HPN, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in this member reward draw, even if HPN was advised of the possibility of such damages.
HPN reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of any member reward draw as solely determined by HPN.
In the event any member reward draw is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of HPN, that corrupt or impair the administration, security, fairness or proper operation of the member reward draw, HPN reserves the right to suspend, modify or terminate the member reward draw.
Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of any member reward draw is a violation of criminal and civil laws, and should such an attempt be made, HPN reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
HPN assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
Any member reward draw will be void where prohibited or restricted by law.