Website Terms & Conditions
Effective Date: 1 May 2025
Welcome to www.clubdayze.com (Site).
This Site is owned and operated by DESNER Pty Ltd (ABN 84 133 402 623) trading as Clubdayze (referred to in these terms as “we”, “us”, and “our”). These terms of use apply to your use of our Site, social media channels, and any purchase of products from our online store. By using this Site, you agree to comply with these Terms and our Privacy Policy.
1. Acceptance of Terms
By using this Site, you agree that you:
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Are over 18 years of age or have consent from a guardian;
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Have read and accepted these Terms; and
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Will comply with these Terms.
If you do not accept these Terms, you should not use the Site.
2. Changes to Terms
We may update these Terms at any time. You are responsible for reviewing these Terms periodically. Continued use of our Site signifies acceptance of any updated Terms.
3. Intellectual Property
All content on this Site, including designs, graphics, copy, video, logos, and products, is owned by or licensed to us. You may not reproduce, sell, or distribute our intellectual property without written consent.
You are granted a limited, non-transferable license for personal use of our digital products and content.
4. Third-Party Links
This Site may contain links to third-party websites. We are not responsible for the content or practices of these sites.
5. Privacy
Our Privacy Policy governs the collection and use of your personal information. By using this Site, you consent to the practices outlined in our Privacy Policy.
6. Account Creation
To make a purchase or access features, you may need to create an account. You are responsible for your account and must keep your login details secure.
We may suspend or terminate your account if you breach these Terms.
7. Pricing and Payment
All prices are listed in Australian Dollars (AUD) and include GST where applicable. We accept payment via credit card and other methods available at checkout.
We reserve the right to modify prices, cancel orders, or discontinue products at our discretion.
8. Returns and Refund Policy
Returns are accepted within 14 days for eligible products. Customers are responsible for return postage unless the item is faulty or incorrect. Refunds are only offered on full-priced items. Sale items are eligible for store credit only. Final sale items are not eligible for return. Full policy available here.
9. Shipping Policy
Our shipping policy forms part of these Terms and can be viewed here.
10. Digital Products
You receive a limited, non-transferable license for digital downloads. No refunds are offered for digital products unless there is an error in delivery.
11. Limitation of Liability
To the extent permitted by law, we are not liable for loss, damage, or injury arising from use of this Site or our products.
12. Indemnity
You agree to indemnify and hold us harmless from claims arising from your use of the Site, your breach of these Terms, or your infringement of any rights.
13. Feedback and Complaints
Please direct complaints to hi@clubdayze.com with your order details. We aim to respond within 3 business days and resolve issues within 14 business days.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia. Disputes will be submitted to the courts of Victoria if mediation fails.
15. SMS and Email Marketing
By consenting to Clubdayze’s SMS marketing in the checkout and initialising a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at hi@clubdayze.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Clubdayze products or services, you agree that any controversy, claim, action, or dispute between you and Clubdayze arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Clubdyaze's website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Clubdayze's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 769 Burwood Road, Hawthorn East VIC 3123. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring Clubdayze's receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Clubdayze agree that you may bring or participate in Claims against Clubdayze only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Clubdayze agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
16. Contact Information
For any questions, please contact:
Email: hi@clubdayze.com
Address: 725 Burwood Road, Hawthorn East VIC 3123
Phone: +61 401 040 054
ABN: 84 133 402 623