Garage is operated by or on behalf of Garage Entertainment Aust Pty Ltd (ABN 33 150 075 013) of Level 2, 289 Wellington Pde South Street, East Melbourne, Victoria, Australia ("Garage" or “we” or “us” or “our”). These Terms and Conditions govern your access to and use of Garage website and service including the Garage app (“Garage app”) and the services we provide on Garage (“Services”).
By visiting Garage and/or using the Services, you agree to be bound by these Terms and Conditions.
In order to access Garage and the Services, you will need to sign up to Garage. You must be at least 13 years of age to subscribe to Garage. There is certain content on Garage which is restricted to users who are over 15 years of age. You will be notified of relevant age restrictions prior to being granted access to certain content. You must provide us with complete and accurate information regarding your age if prompted to do so before viewing any age-restricted content. Garage reserves the right to restrict your access if you are not of a suitable age.
You may choose to subscribe for a Free Membership or a Premium Membership to Garage (more on these below).
At the time you subscribe for your membership, you must provide us with accurate and complete information and you authorise Garage to make any necessary inquiries (either directly or through a third party) to verify the information you provide to us at the time of subscribing. You must not use a false identity, or impersonate any other person when subscribing to, or using Garage.
You are responsible for keeping your account details confidential and you agree you will not disclose your password to anyone.
You may choose to subscribe to Garage’s Free Membership package. As a Free Member, you will have limited access to content at no charge to you. To be eligible for Free Membership, you need to be at least 13 years of age, have access to the internet, and provide us with accurate and complete information about yourself at the time of subscription. You may elect to upgrade to a Premium Membership at any time.
You may choose to subscribe to Garage’s Premium Membership package. As a Premium Member, you will have full access to all content on Garage (subject to age restrictions). To be eligible for a Premium Membership, you need to be at least 13 years of age, have access to the internet and provide us with accurate and complete information about yourself including the details of a current, valid, accepted method of payment including either credit card details or PayPal account details ("Payment Method") to use the Garage premium service.
All Premium Members must pay to us a membership fee for each month that you subscribe to Garage (“Membership Fee”). Details of current Premium Membership rates are available to view on Garage on the subscription page. Our Membership Fee rates include GST where applicable.
We will deduct your Membership Fee by the Payment Method in advance of each “Billing Period” on the calendar date which corresponds to the commencement of your paying membership for as long as you are a Premium Member of Garage. For example, if you have elected a month-by-month Premium Membership, your “Billing Period” will be monthly and we will deduct your Membership Fee at the commencement of each month. Or, for all annual Premium Memberships, your “Billing Period” will be annually and we will deduct your Membership Fee at the commencement of the year on or around the date which you subscribe for an annual Premium Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next Billing Period. We will continue to deduct the Membership Fee by the Payment Method in advance of every Billing Period unless you tell us you wish to cancel your Premium Membership to Garage. Information on how to cancel your membership is below.
You acknowledge that the amount billed each Billing Period may vary from period to period for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts.
You may cancel your Garage Premium Membership at any time, and you will continue to have access to the Garage service through to the end of your relevant Billing Period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL- MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your Premium Membership, we will transfer your account to a Free Membership at the end of your current Billing Period. To see when your Premium account will cease, click "View billing details" on the "Your Account" page. Users may cancel their Free Memberships by unsubscribing to Garage at any time.
You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Garage website. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorise us to deduct any such amounts which are owed to us by the Payment Method.
If we are unable to collect your Membership Fee or other charges due to us from you, we may suspend your access to Garage without giving you notice until payment recommences.
We reserve the right to adjust pricing for our Services or any components of Garage in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to the Services, including any changes to Premium Membership rates, will take effect upon 30 days notice to you by email.
You may be entitled to a resupply or refund for a major failure of the Services we provide and for compensation for any other loss or damage such failure causes. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance. There are no refunds or credits for partially used memberships where the membership has been cancelled prior to the end of the Billing Period; instead, you will be granted continued access to your Premium Membership until the end of the Billing Period.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Garage by visiting our website and clicking on the "Your Account" link. In the event that a promotional membership is offered by a third party in conjunction with the provision of their own products and services, we are not responsible for the products and services provided by such third party. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
We may immediately suspend or restrict your use of all or any of Garage and/or the Services:
Nothing in these Terms and Conditions excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Garage’s services provided to you under this these Terms and Conditions come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage it causes.
Subject to your rights under the Australian Consumer Law, or any other law, you acknowledge and agree that you will not hold us, or any of our related entities, licensors or affiliates responsible for:
Garage owns, or is legally licensed to use, all copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the Services on Garage. We grant you a limited, revocable licence to use such rights solely for the purpose of your access to Garage and your personal use of the Services, subject to these Terms and Conditions.
You agree that you will not copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit any material or content you obtain from Garage.
Garage may present links to third party websites not owned or operated by us, including sites regarding promotions run by third party advertisers. We are not responsible for the availability of these sites or their contents.
If we need to notify you about any changes to these Terms and Conditions or provide you with any notification regarding your membership to Garage, we will notify you by electronic communication (including via Garage).
We will send notices to you using the contact details you have given us. Please ensure you notify us of any updates, amendments and corrections to your information by updating your contact information on your Garage account.
Garage and the Services may vary from time to time. We may alter the content, presentation of and/or the facilities available on Garage from time to time without giving you notice.
We may also upgrade Garage at any time. You will be advised if you need to download the most recent version of Garage in order to access the Services.
We can transfer our rights and obligations under these Terms and Conditions to any company, firm or person on the condition that your rights are not affected. You may not transfer your rights or obligations under these Terms and Conditions to anyone else, without our consent.
All or any part of any term of these Terms and Conditions which is found to be unenforceable will be treated as removed and the remaining terms will continue to apply.
These Terms and Conditions are governed by the laws of Victoria, Australia.