Group Buy Terms & Conditions
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 relevant
Group Buy Form and click the 'submit' button on the relevant Group
Buy Form.
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
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