ONLY WHEELS

OnlyWheels – Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the OnlyWheels platform ("the Platform", "we", "our", "us"). By creating an account, subscribing, posting content, or entering a giveaway, you ("you", "User", or "Creator") agree to be legally bound by these Terms.

1. Eligibility & Accounts

1.1 You must be at least 18 years old to use OnlyWheels.

1.2 You are responsible for maintaining the confidentiality of your account and password.

1.3 We may suspend or terminate accounts for breach of these Terms, unlawful conduct, or misuse of the Platform.

2. Membership & Payments

2.1 Membership fees are displayed in AUD and are billed monthly until cancelled.

2.3 We process payments securely via Stripe; we are not liable for payment processor downtime or errors.

2.4 Refunds are generally not provided except as required under the Australian Consumer Law (ACL).

3. Giveaways & Promotions

3.1 Legal Classification

All giveaways ("Promotions") conducted by OnlyWheels are classified as Trade Promotion Lotteries under the Competition and Consumer Act 2010 (Cth) and state/territory-based regulations. A Trade Promotion Lottery is a promotion where winners are determined by chance and no entry fee is charged beyond membership or participation requirements.

3.2 State/Territory Permit Requirements

Promotions are subject to permit requirements depending on prize value and jurisdiction:

  • Victoria (VIC): No permit required.
  • New South Wales (NSW): Permit required if prize pool exceeds $10,000.
  • Queensland (QLD): Permit required if prize pool exceeds $5,000.
  • South Australia (SA): Permit required for all trade promotions.
  • Australian Capital Territory (ACT): Permit required if prize pool is $3,000 or more.
  • Northern Territory (NT): Permit required if prize pool is $5,000 or more.
  • Western Australia (WA) / Tasmania (TAS): Permits not generally required unless conducted for fundraising purposes.

OnlyWheels will obtain permits where legally required and display permit numbers on promotional material.

3.3 Entry Conditions

Entry is open to active OnlyWheels members who are 18 years or older at the time of entry.

Entry may be automatic (e.g., based on membership tier entitlements) or via specific instructions (e.g., completing a form, commenting, or sharing content).

Each membership tier may carry a specified number of entries, as advertised.

Creators registered on OnlyWheels are strictly prohibited from entering Promotions.

3.4 Draws & Winner Selection

Where winners are determined by chance, draws will be conducted at random using a verifiable method (e.g., electronic randomiser or physical draw).

Where winners are determined by skill (e.g., judged competitions), judging criteria will be disclosed in the promotion-specific rules.

The method and date of selection will be specified in the promotional materials.

3.5 Notification of Winners

Winners will be notified by email and/or phone within 2 business days of selection.

Winners' names may be published on the OnlyWheels website and/or social media platforms where required by law.

For prizes exceeding $1,000, winners' names may be publicly disclosed to comply with state requirements.

3.6 Prize Delivery

Prizes will be delivered within 28 days of winner confirmation, in compliance with ACL requirements.

Winners may be required to provide proof of identity, age, and membership.

Prizes are not transferable or exchangeable unless agreed by OnlyWheels.

Where a prize becomes unavailable for reasons beyond our control, OnlyWheels may substitute a prize of equal or greater value.

3.7 Disqualification

OnlyWheels reserves the right to disqualify entries if:

  • Entrants breach these Terms or specific Promotion Rules.
  • Entrants provide false or misleading information.
  • Fraudulent, automated, or bulk entries are suspected.
  • A winner cannot be contacted or fails to claim a prize within 14 days of notification.

3.8 Liability & Risk

OnlyWheels is not liable for late, lost, or misdirected entries or communications.

By entering, participants release OnlyWheels from liability for injury, loss, or damage arising from participation, except for non-excludable rights under the ACL.

Winners accept prizes "as is" and acknowledge OnlyWheels makes no warranty regarding suitability, safety, or fitness for purpose.

3.9 Data & Privacy

Personal data collected during Promotions will be used solely for administering the Promotion, verifying eligibility, delivering prizes, and complying with regulatory requirements.

By entering, participants consent to this use of their personal information.

3.10 Independent & Third-Party Platforms

Promotions run by OnlyWheels are not affiliated with or sponsored by Instagram, TikTok, YouTube, Facebook, or any other third-party platform.

Any references to such platforms are for promotional distribution only.

4. Content Creators

4.1 Creator Agreements: All creators must sign a separate Content Creator Agreement governing payouts, content ownership, and compliance.

4.2 Ownership & License: Creators retain copyright but grant OnlyWheels a worldwide, royalty-free, sublicensable license to host, display, and promote their content.

4.3 Content Standards: Creators must not upload:

  • Defamatory, hateful, or illegal material.
  • Pornographic or obscene material.
  • Reckless or unlawful automotive activity (e.g. hooning, street racing).
  • Content infringing third-party copyright (e.g. unlicensed music).

4.4 Breaches may result in removal of content, suspension, or termination without compensation.

5. User-Generated Content (UGC)

5.1 By posting on OnlyWheels, users grant us a license to use, display, and distribute content for platform purposes.

5.2 Users are liable for their own content. If notified of illegal or defamatory material, we will remove it promptly in accordance with Australian case law (Duffy v Google).

5.3 You indemnify OnlyWheels against claims, damages, or costs resulting from your content.

6. Intellectual Property

6.1 All platform branding, trademarks, and software are owned by OnlyWheels.

6.2 You may not copy, distribute, or reverse-engineer our technology.

6.3 All rights not expressly granted are reserved.

7. Payouts

7.1 Creator earnings displayed in dashboards are indicative only and not actual wallet balances.

7.2 Payouts are processed by manual review and paid by bank transfer or PayPal.

7.3 We may withhold payments if fraud, chargebacks, or guideline breaches are suspected.

7.4 Creators are responsible for their own tax declarations.

8. Privacy & Data

8.1 We comply with the Privacy Act 1988 (Cth).

8.2 Giveaway entrants consent to their details being used for winner verification, prize delivery, and publication where required by law.

8.3 We will not sell personal data to third parties.

9. Liability & Indemnity

9.1 Nothing in these Terms excludes rights under the ACL.

9.2 To the maximum extent permitted by law:

  • OnlyWheels is not liable for indirect or consequential losses (including loss of profits, data, or goodwill).
  • Our total liability is capped at the lesser of $500 or the amount paid by you in the last 3 months.

9.3 Users and creators indemnify OnlyWheels against claims, costs, or damages arising from breach of these Terms.

10. Termination

10.1 We may suspend or terminate accounts at our discretion for:

  • Illegal or infringing conduct.
  • Breach of Terms or guidelines.
  • Non-payment.

10.2 Users may cancel membership at any time via account settings.

11. Dispute Resolution

11.1 Disputes should first be addressed to [OnlyWheels Support Email].

11.2 If unresolved within 30 days, disputes will be referred to mediation in Melbourne, Victoria before litigation.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Parties submit to the exclusive jurisdiction of Victorian courts.