Definitions

1. In these terms and conditions the following words and phrases have the following meanings:
1.              "Advertising Period" means the period during which a Deal is advertised for sale on our Website;
2.              "Deal" means a Supplier's goods and/or services advertised on our Website;
3.              "Member" or "you" means you the user of our Website and associated services;
4.              "Suppliers" means Seropeco Australia Independent Building Supplies Pty Ltd or  those third party merchants who engage us to advertise their goods and/or services on our Website.

How Our Deal Works
2. We act as a part-time agent to advertise Suppliers' goods / services on our Website.
3. We supply or sell the goods and/or services shown on our Website.
4. Each Deal will be advertised on our Website for a period of 72 hours commencing at 4pm. Some Deals may be advertised on our Website for up to 168 hours. We will inform you on our Website how long each Deal runs for.
5. Each Deal will need a minimum number of orders to be placed before the Deal becomes "active". The minimum number for each Deal will be shown on our Website.
6. Our Website will continuously monitor the number of Members who place orders for a particular Deal.
7. When you place an order for a Deal, it will constitute an offer to purchase a voucher from the relevant Supplier in respect of the goods / services which are the subject of that particular Deal. We will issue the voucher on behalf of the relevant Supplier. Your offer will be deemed accepted once the Deal becomes “active”. 
8. We reserve the right to accept or reject your offer to purchase a voucher for any reason. If we do so, we will provide you with a full refund of any payment received.
9. In order to place an order for good and/or services with us, you will need fill in the required information on the Group Buy Form and click the 'submit' button above.
10. When you place an order for goods and/or services with us, we will require you to provide your credit or debit card details. We will not debit your account for the full price of the goods and/or services until the Deal becomes active.
11. Once a Deal has become active, we will send to you by email only, a voucher for the Deal that you have placed an order for that can be redeemed from the Supplier subject to these terms and conditions.
12. Once you place an order, we will email you an order confirmation. An order cannot be combined with any other gift certificates, vouchers (issued by us or anyone else) or other Supplier promotions unless the Supplier states otherwise. We will also email the relevant Supplier your name (and you consent to us doing so) together with the details in 13(a) below.

Vouchers
13. Each Voucher:
1.              will include your name, a unique voucher identification number and (if applicable) a unique voucher code if the goods / services the subject of the Deal can only be redeemed on-line via the Supplier's website / on-line store;
2.              can only be redeemed from the relevant Supplier for the goods / services specified in it;
3.              cannot redeemed for cash or applied as payment to any account.

14. In addition, if you wish to redeem a voucher for part only of the goods and/or services specified in it (i.e. for less than the total face value of the voucher), then you are not entitled to receive any credit or cash for those goods and/or services which you chose not to accept.
15. Each voucher will constitute a tax invoice for the goods and/or services purchased. All vouchers are issued by us for the relevant goods and/or services. 
16. We are not liable or responsible:

1.              if your voucher cannot be emailed to you, for example because it is blocked by a firewall or filter or because you have given us an incorrect email address or because you have changed your email address; and
2.              for any damaged, lost or stolen vouchers.

17. Us & Our Suppliers are also not liable or responsible for any damaged, lost or stolen vouchers.
18. You may only redeem a voucher once.
19. All vouchers are issued subject to these terms and conditions.

Supply of Goods and/or Services
20. You can only redeem vouchers for the goods and/or services specified in the voucher.
21. Vouchers may also be issued subject to additional terms and conditions of the relevant Supplier. Those additional terms and conditions may include (although this is not an exhaustive list) terms that:

1.              the voucher may only be redeemed within a certain period of time from the relevant Supplier, after which your voucher will expire and may not be redeemed;
2.              you can redeem your voucher from the Supplier by appointment only;
3.              you may only redeem your voucher on certain days of the week;
4.              if the redemption of your voucher is subject to making a booking and you subsequently cancel that booking, your voucher may be forfeited;
5.              limit the liability of the Supplier.

22. All Goods & Services are sold subject to Trading Terms & Conditions of Seropeco Australia Independent Building Supplies Pty Ltd
23. Bookings to redeem your voucher may be subject to any Supplier policies.
24. If you cancel a booking to redeem your voucher, you may incur a cancellation fee payable to the Supplier.
25. All goods and/or services are subject to Supplier availability. We cannot guarantee that goods and/or services will be available so that you can redeem your voucher at your preferred date and time.
26. You acknowledge and agree that Suppliers may cancel and reschedule any booking which you make to redeem a voucher.

Pricing and Payment

27. All prices shown on our Website are inclusive of GST. Prices are current at time of display but are subject to change without notice.
28. We will not issue a voucher to you until payment in full is received. If your payment is declined for any reason, we will not issue you with a voucher.

Refunds by Seropeco Australia Independent Building Supplies Pty Ltd

29. If your voucher expires or becomes invalid for any reason, then it is not refundable in whole or in part.
30. You acknowledge and agree that vouchers are not refundable if your voucher has been damaged, lost or stolen or if you are unable to redeem your voucher or if you have changed your mind.
31. We will however refund the price which you have paid for a voucher if:

1.              we become aware that a Supplier has become bankrupt, started being wound up, entered into administration or had a receiver appointed to it after the start of the Advertising Period but before we transfer the purchase price which you have paid for a voucher to the Supplier;
2.              we make a mistake, for example by issuing you a voucher which is incorrect.

Disclaimers and Limitation of Liability

32. You acknowledge that our Website may contain hyperlinks and other pointers to internet websites operated by other third parties ("linked website"). You also acknowledge that these linked websites are not necessarily under our control and that we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks as a convenience only and the inclusion of any link does not imply any endorsement of the linked website by us. If you link to any such website, then you do so entirely at your own risk.
33. Our Website may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by other third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by or from us.
34. You acknowledge and agree that all information and content which is posted on or transmitted through our Website by third parties (including Suppliers) is the sole responsibility of the third party who provided that information and content. You therefore use our Website at your own risk.
35. In particular, information about Suppliers' goods / services is derived from material and information provided by the Suppliers. You acknowledge and agree that we will not be responsible for incorrect information or material supplied to us by Suppliers (including descriptions of the goods / services the subject of any Deal).
36. You acknowledge that you are solely responsible for ensuring that all goods / services the subject of any Deal, our Website and our services meet your requirements of their intended function, application and/or use.
37. TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED TERMS, CONDITIONS, WARRANTIES, STATEMENTS, ASSURANCES AND REPRESENTATIONS IN CONNECTION WITH OUR WEBSITE AND/OR OUR SERVICES ARE EXPRESSLY EXCLUDED. IN PARTICULAR, TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THE GOODS / SERVICES OF SUPPLIERS WHICH ARE ADVERTISED ON OUR WEBSITE, UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
38. TO THE EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS, WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES INCLUDING WITHOUT LIMIT, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF OPPORTUNITY OR GOODWILL, CORRUPTION OF DATA OR SOFTWARE, EQUIPMENT FAILURE OR DAMAGE, SECURITY BREACH, NETWORK INTRUSION, NETWORK DOWNTIME OR BUSINESS INTERRUPTION HOWEVER CAUSED IN CONNECTION WITH OUR WEBSITE AND/OR OUR SERVICES.
39. In particular, in no event will we be liable for any acts, omissions or defaults of any Supplier or any third party including (and this is not an exhaustive list):
1.              if a Supplier fails to provide you with the relevant goods / services, in whole or in part, when you try to redeem a voucher;
2.              if you incur any costs, for example, travel and accommodation costs because you cannot redeem a voucher;
3.              if a Supplier cancels your booking to redeem a voucher.

40. We expressly limit our liability for breach of a non-excludable express or implied term, condition, warranty, statement, assurance or representation by virtue of any legislation, to the following (the choice of which is at our discretion):

1.              in the case of goods:

                    i. the replacement of the goods or the supply of equivalent goods; or

                   ii. the repair of the goods; or

                 iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

                  iv. the payment of the cost of having the goods repaired;

2.              in the case of services:

                     . the resupply of the services; or

                    i. the payment of the cost of resupply of the services (which in most instances would be the value of the voucher for any particular Deal).

Indemnity

41. In the next point:

1.              "Claim" means a demand, action, assessment, determination or proceeding of any nature, whether actual or threatened; and

2.              "Loss" means any liability, cost, expense or damage and in relation to a Claim, Loss includes amounts payable on a Claim (whether or not the Claim is successful), legal costs and disbursements on a solicitor and own client basis.

42. You at all times agree to indemnify us, our directors, officers, employees and agents and agree to hold us, our directors, officers, employees and agents harmless from and against all Claims and Loss which we and/or you suffer or incur in connection with:

1.              your use of our Website;

2.              our services;

3.              any goods / services supplied by Suppliers;

4.              any acts or omissions of Suppliers;

5.              third party claims that their rights (including intellectual property rights) have been breached;

6.              breach of any warranty or representation that you have given to us, including in these terms and conditions.

Intellectual Property

43. We own all intellectual property rights, including without limitation the copyright in the source code and object code in the software supporting and operating our Website and the content of our Website to the extent that such content has been prepared and posted to our Website by us. You are provided with access to our Website only for your personal and non-commercial use. Other than for this permitted purpose, you may not in any form or by any means:

1.              adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Website; or

2.              commercialise any information, products or services obtained from any part of our Website without our written permission.
44. You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.
45. Except as expressly permitted by these terms and conditions or by us in writing, you may not use or copy any trademark, trade name, service mark, logo, symbol or other intellectual property rights owned by us without our prior written approval.
46. Nothing in these terms and conditions grants you any title, right or interest in our intellectual property.
47. You represent and warrant that all information, content, materials and anything else which you provide to us do not infringe, directly or indirectly, the intellectual property rights of any other person.

General

48. These terms and conditions are incorporated by implication into all contracts between us and you in relation to the use of our Website and associated services. They are also incorporated by implication into all contracts for the purchase of the goods and/or services supplied by our Suppliers in respect of whom we act as their part-time agent.
49. Unless expressed in writing to you, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver or variation thereof nor will the exercise by us of any other right, power or privilege prevent us from exercising any other rights, power or privileges available to us.
50. These terms and conditions are governed by the laws in force in NSW. Both you and we submit to the jurisdiction of the courts of NSW and all courts of appeal therefrom. 
51. If any part of these terms and conditions is held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provisions have been deleted.
52. Nothing in these terms and conditions is intended to create an agency, partnership or joint venture relationship between us and you. Neither we nor you have any authority to bind the other to any obligation to any third parties unless otherwise agreed in writing.
53. We will not be liable for any delay in performing any of our obligations under these terms and conditions due to circumstances beyond our reasonable control.
54. If we sell our business or our intellectual property rights relating to our Website, you agree that we may transfer to the buyer your personal information.

Privacy and Personal Information

55. You may ask us to provide you with access to the personal information that we hold about you unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
56. If you wish to gain access to your personal information or if you have any question about how your personal information is collected or used, please contact us at Unit 10 / 369 Victoria Street WETHERILL PARK NSW 2164; Phone:02 9757 3222; or email enquiries@ibs.com.au
57. You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
58. We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails) or when you register to become a Member. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth.
59. We use your personal information for the following purposes:

1.              in order to be able to issue vouchers to you in connection with our Website; and

2.              internal management purposes.

60. You consent to us emailing you in relation to supply of vouchers, Member account information, orders you place for vouchers and other information in connection with our services. We do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services, unless you agree to us doing so on an "opt in" basis as part of our Member registration process.
61. In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, our Website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our Website.
62. We protect your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.

Current as at 17 July 2011

Seropeco Australia Independent Building Supplies Pty Ltd