TERMS & CONDITIONS
Your privacy is important to us. It is Club Winkle's policy to respect your privacy regarding any information we may collect from you across our website, http://clubwinkle.com, and other sites we own and operate.
By accessing the website at http://clubwinkle.com you are agreeing to be bound by these terms of service (“TOS”).
The following TOS is a legal agreement between you and Club Winkle and sets forth the rights and obligations with respect to any content accessed by (licensed to) you and our account terms.
Content and “material” refers to all content available for license from the Club Winkle website, including images, footage, music, commentary and notations.
By accessing this site you are agreeing to be bound by these TOS as modified or amended from time to time. If you do not accept being bound or any terms and conditions you must not access this site or its content.
Upon your payment of the subscription fee Club Winkle grants you permission to view images in our galleries for personal, non-commercial transitory viewing only.
This is a license for access by one person only. It is not intended or supplied as providing access to multiple people on the one payment plan. If you require a license for multiple people or for commercial use please contact Club Winkle so we can discuss your requirements.
This is the grant of a license and not a transfer or grant of any property rights. You may not and must not: modify, download, share or copy the materials; modify or use the materials in a manner which changes the context of what is presented or depicted by the image; use the materials for any commercial purpose or for any public display (whether commercial or non-commercial) or for any social media; attempt to decompile or reverse engineer any software contained on Club Winkle’s website; remove any copyright or other proprietary notations from the materials; or, transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate without notice to you if violate these conditions of use and maybe terminated by Club Winkle at any time. Upon termination your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By subscribing you warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, that you are not insolvent and that this agreement creates binding and valid legal obligations on you. In Australia you must be at least 18 years of age. If you are not in Australia you must satisfy any minimum age requirements in your place of residence and you warrant to us that you have done so.
Club Winkle may license, sub-license or sub-contract all or any part of its rights and obligations without your consent and may assign or novation the benefit and burden of agreement without your additional consent being required.
The materials on Club Winkle’s website are provided on an “as is” basis. Club Winkle makes no warranties express or implied and hereby disclaims and negates all other warranties without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Club Winkle does not warrant or make any representations concerning the accuracy, likely results or reliability of the sue of the materials on this website or otherwise relating to such materials on any sites linked to this site.
In no event shall Club Winkle or its supplier or content providers be liable for any damages (including without limitation, damages for loss of date or profit, or due to business interruption) arising out of the access, use or inability to use the materials or content on Club Winkle’s website, even if Club Winkle or a Club Winkle authorised representative has been notified orally or in writing of the possibility of such loss or damage. Some jurisdictions may provide statutory limitations on the disclaimer on damages and/or on Club Winkle’s non-acceptance of the implied warranties or limitation of liability.
You agree that Club Winkle is not and shall not be liable to you for any consequential or indirect loss or damage.
Club Winkle's total aggregate liability to you or any person party claiming through you, arising out of or in connection with your use of or accessing content or your inability to use or access the Club Winkle websites or content be greater than the monthly subscription fee or access fee charged by Club Winkle and paid by you.
ACCURACY OF MATERIALS
The materials appearing on Club Winkle’s website could include technical, typographical, or photographic errors. Club Winkle does not warrant that any of the materials on its website are accurate, complete or current. Club Winkle may make changes to the materials contained on its website at any time without notice. Club Winkle does not make any commitment to update the materials.
Club Winkle has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Club Winkle of the site, its legality or contents.
Use of any such linked site is at your own risk. We cannot and do not guarantee any data or program available for download on this site or any linked site) is free of malware, spyware, viruses or other harmful programs or unwanted cookies or similar. You assume the risk of any damage to your computer, smart phone or other access device as a result of using this site or any linked site.
MODIFICATION AND AMENDMENT
Club Winkle reserves the right to modify the TOS at any time in its sole discretion and without prior notice. Accordingly, we recommend that regularly revisit these TOS as you may not receive notification by email or other means.
Except where modifications are required by a relevant statutory or other authority to protect the intellectual property of a party, we shall endeavour to ensure that modifications to this TOS will only apply from the next invoicing or billing period.
By licensing content following any such modifications, you agree to be bound to the TOS as modified.
If any term, provision, agreement, covenant or restriction of these TOS is held by a court of competent jurisdiction or other competent authority to be invalid, void or unenforceable, the remainder of the terms, provisions, agreements, covenants and restrictions of this agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto. Upon such a determination, the parties shall negotiate in good faith to modify these TOS so as to effect the original intent of the parties as closely as possible in a reasonably acceptable manner in order that the transactions contemplated hereby may be consummated as originally contemplated to the fullest extent possible.
These TOS are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
ACCOUNT AND PAYMENT TERMS
The subscription fee ($19.99 or $39.99 USD per month as at 1 December 2021) is payable monthly in advance. By entering your card details you are agreeing that we can deduct the subscription fee and any agreed payments such as special access fees and you irrevocably authorise us accordingly.
We will continue deducting fees and charges without further notice to you until your account is terminated, cancelled or paused in accordance with these TOS and our account policies. Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original subscription and you expressly grant Club Winkle the right to charge you for each automatic renewal period until you timely disable automatic renewal.
Unless otherwise stated the subscription fee may not include value added tax (such as GST in Australia, VAT in the UK, sale tax or a consumption tax). In addition to the subscription fee you may be required must pay to us an amount equal to any GST that we must pay for any supply under this agreement. In which case you must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the subscription fee. In addition we may require you to pay any other taxes and duties that may be applicable in addition to the subscription fee except where they are expressly included in the subscription. Where Club Winkle or you are required to collect or remit taxes, whether direct or indirect taxes, we may require you to self-assess the tax in accordance with the law of your place of residence.
Receipt by Club Winkle of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
You can update your payment details for an active or lapsed subscription on the Account page. A subscription is considered lapsed if it has not been successfully billed at your last payment date. It is important to note that if your subscription has been cancelled and is inactive, updating your payment details will not re-activate your subscription. You will need to resubscribe.
Accordingly it is important that you maintain the validity of your payment details such as updating your card details provided before your next payment is due.
You can terminate your subscription at any time however you will not be refunded the balance of the subscription period paid for in advance. Usually one month.
We will endeavour to provide you the option of pausing your subscription via our website.
Given the nature of digital content, we do not offer a refund or credit on any subscription fees or purchases. This is the case even if your subscription is terminated before its expiration. We reserve the right to assess refund requests on a case by case basis and provide refunds or credit at our sole discretion.
When your subscription has been cancelled, the only way to reactivate it is to subscribe again.
If you let your subscription lapse you will be charged the then current subscription price and not your original discounted or older price. If your subscription is kept active we will look to maintain you at your original subscription/discounted price however we reserve the right to review our subscription prices on or about 30 June each year to keep in line with cost increases.