|
Terms of Use – CUSTOMERS
These Terms of Use set out the conditions on which you use the Buyblitz.com web site (“the site”) and services offered by us through the site. These Terms of Use are a contract between you and Buyblitz.com Pty Ltd (ACN 120 200 222) of PO Box 892, Bondi Junction, NSW 1355 Australia (“Buyblitz”, “we”, “us” or “our”). If you do not agree to these Terms of Use, you must not use this web site or register for any services.
We may amend these Terms of Use at any time and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes.
Our privacy policy and IP statement published on the site form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of this site. A reference to these Terms of Use includes all such policies.
These Terms of Use apply to all users, whether you are a visitor simply browsing the site or are a registered user. Separate terms of use apply to businesses advertising via the site.
These Terms of Use do not cover your legal relationship with registered businesses or advertisers, or the third party providers of services used in connection with the site. . The terms and conditions under which such dealings are carried out are matters between you and those other parties.
1. Nature of Buyblitz.com
Buyblitz.com is a “Mega-Mall”, containing advertisements and information provided by third party businesses. We do not buy or sell goods or services ourselves. We are not involved in the actual transaction between you and businesses advertising via our site. Consequently, we do not have any control over the quality, accuracy or legality of any items advertised or content posted by businesses on the site. In particular, we cannot ensure and do not guarantee that a business will actually complete a transaction or act lawfully in using our site. See further paragraph 8 below.
You are solely responsible for transactions between you and businesses advertising via our site, and in particular you must ensure that any credit card details provided in respect of ordered goods and services are valid and adequate credit is available. If you do not provide complete or accurate information, businesses may not be able to provide you with ordered goods or services. Please note that Buyblitz does not have access or retain your credit card details.
2. Eligibility to use Buyblitz.com
You are only entitled to use this site if you are capable of forming legally binding contracts under relevant laws. In any event, you must be at least 16 years of age in order to use this site. If we have reason to suspect this is not the case, we will be entitled to suspend or terminate your registration without notice.
You must not use our site or order particular goods or services if local laws prohibit you from doing so.
3. Use of Site
The information provided on the site can be accessed free of charge. Registration is also free. For the benefits of registration, go to “Customers get on”.
Businesses pay us a set fee for advertising on this site. We do not charge you or businesses a commission based on the amount or value of purchases made via this site.
All information provided by you in your registration or to a business in connection with this site must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case.
If you register as a user, you will be required to select a password. You must not disclose your password to any third party and are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any web site other than one with an URL beginning with http://www.buyblitz.com. If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorised access to or use of your personal information. Please refer to our privacy policy.
4. Buyblitz may from time to time conduct competitions where all registered users ( or all registered users in a particular geographic area ) will automatically be entered into the competition. The registered user names of competition winners may be disclosed by us for publicity purposes. If you do not wish to be automatically entered into such competitions, please notify us at the time of registration by placing a tick in the appropriate check box on the “Customers get on” page. Additional terms and conditions will often apply to competitions and you should refer to these where appropriate.Suspension or termination of access
We may suspend or terminate your registration with us at any time without prior warning if you contravene these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities.
5. Businesses’ advertisements
Businesses are required to advertise all prices in Australian dollars and including GST (where applicable), unless they have clearly indicated otherwise.
We receive advertisements for publication in good faith on the basis of representations given by businesses. We do not endorse any goods or services advertised on this site or make any warranty or representation that they are of a particular quality or suitable for any purpose, or that a business is legally entitled to carry on a particular business. It is your own responsibility to investigate the suitability of any goods or services advertised on this site or verify the credentials of advertisers, if you consider it necessary. Refer also to Section 8 below.
Notwithstanding the above, please let us know if you believe any information or advertisement on this site is inaccurate or misleading or contravenes relevant laws.
As we are not involved in transactions and are merely a passive conduit for online advertising of businesses’ products, we have no involvement in, or control over, the terms on which they may chose to supply goods or services to you. In particular, there is no guarantee that any order placed with a business advertising on this site will be accepted by that business, particularly if you are not located in the region where that business operates.
Some businesses may provide discount vouchers, special offers, gift certificates or other benefits via Buyblitz.com. The terms and conditions of such offers will be specified by the relevant businesses, and will generally only be available to registered users. We do not take any responsibility for any such offers or benefits offered by businesses.
You must endeavour to resolve any dispute with a business from whom you have ordered goods or services directly with that business. We do not offer a dispute resolution service, but please let us know if you remain dissatisfied after endeavouring to resolve the matter, as we only want reputable businesses to promote their goods and services through Buyblitz.com.
6. Third party sites
This site may contain links to other web sites of businesses, advertisers or other third parties which are not maintained or controlled by us. These links are provided solely for your convenience and we do not endorse or accept any responsibility for the content or use of any third party sites.
7. Intellectual Property
All trade marks and copyright (including text, images, audio and video files) are owned or licensed by us unless otherwise indicated. Our IP statement applies to your use of these.
You must not use any means of automatically searching or mining data from the site or in any way interfere or attempt to interfere with the proper working of our site or transactions with businesses advertising through our site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with Buyblitz.com, our system or data or that of any third party via our website.
8. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this site. The information is provided “as is” and we do not represent that it is complete, current or free from errors or omission. You use this site at your own risk.
Access to our site may be interfered with for a variety of factors, including those outside our control. We do not warrant or represent that access to this site will be continuous uninterrupted, virus or fault free, or secure. We will however, use reasonable care to endeavour to ensure availability of access to this site.
To the full extent permitted by law, we specifically disclaim any warranties implied by law or statute. Some laws may not be excluded, including certain provisions of the Australian Trade Practices Act 1974. In respect of any such laws, our liability will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of services or the payment of the cost of having the services re-supplied.
To the extent permitted by law, our liability to you is limited to the greater of the amount of any fees paid to us in the 12 months prior to the action giving rise to the liability or AUD$200.
In no event will we or our affiliates have any liability to you, however arising and under any course of action (including negligence) or theory of liability in respect of special, indirect or consequential damages, loss of profit, or loss of business opportunity arising out of, or in connection with our site, our services, or these Terms of Use.
As we are not involved in transactions between end users and businesses, you release us (including our officers, employees, agents and contractors) from all claims, demands and damages of any nature arising out of or in any way connected with a dispute you may have with a business or advertiser also using Buyblitz.com.
You agree to indemnify us against all claims, demands, damages, losses, costs and expenses (including reasonable legal fees) of any nature arising out of or in any way connected with a breach of these Terms of Use by you or your violation of any law or rights of a third party.
In this Section 8, a reference to “our”, “we” or “us” includes our officers, employees, agents and contractors and our related companies.
9. General
You may close your account at any time. We may suspend or terminate your account at any time without notice if you breach these Terms of Use or if these terms otherwise permit. We also reserve the right to discontinue operating the Buyblitz.com site at any time. You will remain liable for obligations related to your account even if it has been closed. Sections 7 and 8 of these Terms of Use will also continue to apply once your account has been closed.
You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. You agree that we may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our business.
Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with Buyblitz.com should be via the “Contact Us” facility. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms of Use. Notices sent by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether you have actually read the notice or not. Notices sent by mail will be deemed to have been received 3 days after the date of mailing.
These Terms of Use are governed by the laws of New South Wales, Australia.
Last updated 31 October 2006.
Terms of Use – BUSINESSES
These Terms of Use set out the conditions on which businesses may use the Buyblitz.com website (“the site”) and services offered by us through the site. These Terms of Use are a contract between you and Buyblitz.com Pty Ltd (ACN 120 200 222) of PO Box 892, Bondi Junction, NSW 1355 Australia (“Buyblitz”, “we”, “us” or “our”). If you do not agree to these Terms of Use, you must not use this website or register your business.
We may amend these Terms of Use at any time and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. We will notify you prior to any increase in our service charges.
Our privacy policy and IP statement published on the site form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of this site. A reference to these Terms of Use includes all such policies.
These Terms of Use apply to all businesses setting up a shopfront at Buyblitz.com. Separate terms of use apply to customers using the site or if you only wish to publish an advertisement without establishing a shopfront. Please click on Advertising, at the bottom of the Home Page, for more information about advertising on Buyblitz.com.
These Terms of Use do not cover your legal relationships with customers or other users browsing the site, or any third party providers of services used in connection with the site. The terms and conditions under which such dealings are carried out are matters between you and those other parties.
1. Nature of Buyblitz.com
Details of what we offer to you are outlined on the “Businesses get in” section of this site.
Buyblitz.com is a “Mega-Mall”, containing advertisements and information provided by you and other third party businesses. We do not buy or sell goods ourselves. We are not involved in the actual transaction between you and customers using our site. Consequently, we do not have any control over the completeness or accuracy of any information provided to you by customers using the site. In particular, we cannot ensure and do not guarantee that a customer will actually complete a transaction or act lawfully in using our site and are unable to verify the identity or age of any customer. See further paragraph 9 below.
You are solely responsible for transactions between you and customers contacting you via our site. In particular Buyblitz does not have access to, and does not verify, any credit card details provided by customers in respect of ordered goods and services. You must use any such information given to you by a customer only for the purposes of the particular transaction and you must not disclose that information to another merchant or business in connection with any other transaction. Provided a customer has given you adequate details to enable you to complete a transaction and they have paid in full, you must complete the transaction unless it would be unlawful for you to do so. In particular, unless you have agreed otherwise with the customer or stated otherwise on your shop-front, goods must be dispatched on the same business day, or on the following business day if the order is completed after 4:00pm in your place of business.
The terms on which you agree to conduct business with customers via Buyblitz.com must not be inconsistent with these Terms of Use. In the event of any inconsistency, these Terms of Use will prevail.
You must conduct your business to the highest of standards, in accordance with all relevant laws and must not bring Buyblitz.com into disrepute. You must maintain product and public liability insurance and/or professional indemnity insurance as would a prudent business in the nature of your business. You must give us evidence of the currency of such policies if we request.
As our website is hosted by a third party and given the nature of the internet, unfortunately we are unable to give any guarantee that the site will be accessible to you or customers all of the time. We will however endeavour to keep any downtime to a minimum, and will notify you if we plan significant downtime for the purpose of upgrading or updating the site.
2. Eligibility to use Buyblitz.com
You are only entitled to use this site if you are operating as a business. If we have reason to suspect this is not the case, we will be entitled to suspend or terminate your registration without notice. All Australian businesses must be registered for GST purposes and have an Australian Business Number.
You must not register or use our site for promoting and/or selling your goods and services if local laws prohibit you from doing so. We also reserve the right to refuse your registration if we have reason to believe your business is involved in the supply of goods or services that is inconsistent with the nature of other businesses advertising on Buyblitz.com or which is otherwise considered by us to be inappropriate.
3. Use of Site
You must register in order to set up a shop front for your business on Buyblitz.com. To do so, and to find about the benefits of registration, go to “Businesses get in”.
Set fees apply for establishing and maintaining a shopfront on this site. We do not charge you a commission based on the amount or value of purchases made via this site. Additional fees may be payable for additional benefits that we choose to provide from time to time. We will notify you prior to any increase in fees.
All information provided by you to us, whether in your registration or otherwise in connection with this site must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case.
When you register, you will be required to select a password. You must not disclose your password to any third party and are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with http://www.buyblitz.com. If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.
We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorised access to or use of your personal information. Please refer to our privacy policy.
4. Suspension or termination of access
We may suspend or terminate your shopfront and account with us at any time without prior warning if you contravene these Terms of Use (including failure to pay fees when due), without limiting any other remedies to which we may be entitled. Furthermore, if we consider you have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Buyblitz.com site at any time.
You may close your account at any time, provided you have paid all amounts owed to us. You will remain liable for obligations related to your account even if it has been closed. Sections 7 and 9 of these Terms of Use will also continue to apply once your account has been closed.
Under no circumstances will we be liable for any loss of profit or business opportunity that may result from the suspension or termination of your account – see section 9 below.
5. Content of Shopfront and Advertisements
As with any form of advertising, the content of your shopfront must comply with all relevant laws. These laws vary depending on the nature and location of your business and the goods and services offered. You represent and warrant that all content provided by you will comply with relevant laws. In particular, all content must not be misleading or deceptive, or likely to mislead or deceive users of the site, or infringe the intellectual property rights of any person. Please seek professional advice if you are unsure of your legal obligations or whether your content complies with applicable laws.
Advertisements for some products (such as alcoholic beverages) may be prohibited or subject to specific restrictions. You are solely responsible for ensuring you do not contravene such laws. We strongly urge retailers to comply with relevant industry standards and codes of conduct (such as the Australian Association of National Advertisers’ Code of Ethics) and product specific standard and codes (such as the Australian Alcoholic Beverages Advertising Code).
Although you are solely responsible for content provided by you, we reserve the right to edit or remove your content if we (in our total discretion) consider that it contravenes relevant laws, is inappropriate or otherwise contravenes these Terms of Use.
Your shopfront must only contain text, graphics or pictures relevant to the advertised goods or services or otherwise relevant to your business. Under no circumstances must offensive or sexually explicit content be included in your shopfront.
All advertisements and content must clearly identify your business, including your company / trading name, Australian Business Number, contact details and any other information required by law. All telephone and facsimile numbers and email addresses must be fully functional and regularly monitored.
You are required to advertise all prices in Australian dollars, including GST where applicable. All delivery and other charges must be clearly stated.
Your shopfront must not contain any virus, worm, trojan or other computer programming routines that may damage or interfere with our website, computer system or data or that of any third party. Your shopfront must not use cookies or other means of identifying customers or other persons browsing your shopfront.
You represent and warrant that: (i) all advertising and content published by you on or in connection with Buyblitz.com complies with all relevant laws, is complete and accurate and is not misleading or deceptive, nor likely to be misleading or deceptive and does not infringe the rights of any third party; (ii) all goods or services advertised by you on this site comply with all relevant laws and are of a particular quality and suitable for the purpose for which they are intended; and (iii) you are legally entitled to carry on your business and hold all necessary permits and authorisations and are not subject to any form of insolvency administration or proceedings.
6. Special Offers and Direct Marketing to Customers via Buyblitz.com
Buyblitz.com may offer features enabling your business to provide discount vouchers, special offers, gift certificates or other benefits via the site. You may impose such terms and conditions of such offers as you consider appropriate, provided that such terms are not inconsistent with these Terms of Use or any legal requirement. We do not take any responsibility in connection with any such benefits offered by you to customers.
Buyblitz may agree to distribute your advertisements and special offers by email to registered customers who have specifically agreed to accept such materials from your business and/or from businesses in your area or field of speciality. We will not sell or disclose personal information of registered customers to you for such purposes.
If you independently obtain personal information of registered users (including by reason of an order placed by a customer with you), you must only use that information for the purpose for which it was disclosed and must not use it for marketing purposes unless the individual has given his or her specific written consent for you to do so. In particular, you may not use personal information of registered users for sending unsolicited commercial messages. Credit card details and other personal information of customers obtained through their use of Buyblitz.com may only be retained and used as required by law. In particular, you must comply with all relevant privacy and anti-spam laws.
You must endeavour to resolve any dispute with a customer who has ordered goods or services from you via Buyblitz.com. We do not offer a dispute resolution service, but please let us know if you remain dissatisfied after endeavouring to resolve the matter, as we may wish to investigate circumstances where a registered user may have acted illegally or otherwise contravene the conditions on which they use Buyblitz.com.
7. External Websites
If your business has an external website in addition to your Buyblitz.com shopfront, you may create a link from your external website directly to your Buyblitz.com shopfront or to http://www.buyblitz.com. You must not create any link or frame to any other page within the Buyblitz.com site.
Your Buyblitz.com shopfront must not contain any links to external websites. This requirement is necessary to protect the reputation and integrity of Buyblitz.com.
8. Intellectual Property
All trade marks and copyright (including text, images, audio, video files and other content) are owned or licensed by us unless otherwise indicated. Our IP statement applies to your use of these. “Buyblitz™” and “Where businesses get in and customers get on™” are trade marks owned or licensed by us. You must not use our trade marks or otherwise represent that we in any way endorse or are associated with your business except in connection with your shopfront in accordance with these Terms of Use or if we have given our prior written consent.
We may make content available to you to use in your Buyblitz.com shopfront and advertisements on our site. You do not have any exclusive right to such content and must not use it elsewhere (including on an external website of your business that is linked to Buyblitz.com).
You grant us a non-exclusive, royalty-free, irrevocable, worldwide licence to exercise the copyright and other intellectual property rights in the content of your shopfront or otherwise provided by or on behalf of you to us in connection with Buyblitz.com. We will only use such rights as is necessary for the operation of Buyblitz.com and associated activities.
You must not use any means of automatically searching or mining data from the site or in any way interfere or attempt to interfere with the proper working of our site or transactions with businesses advertising through our site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with Buyblitz.com, our system or data or that of any third party via our website.
9. Disclaimer and Limitation of Liability
We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this site. The information is provided “as is” and we do not represent that it is complete, current or free from errors or omission. You use this site at your own risk.
Access to our site may be interfered with for a variety of factors, including those outside our control. We do not warrant or represent that access to this site will be continuous, uninterrupted, virus or fault free, or secure. We will however, use reasonable care to endeavour to ensure availability of access to this site.
To the full extent permitted by law, we specifically disclaim any warranties implied by law or statute. Some laws may not be excluded, including certain provisions of the Australian Trade Practices Act 1974. In respect of any such laws, our liability will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of services or the payment of the cost of having the services re-supplied.
To the extent permitted by law, our liability to you is limited to the greater of the amount of any fees paid by you to us in the 12 months prior to the action giving rise to the liability or AUD$200.
In no event will we have any liability to you, however arising and under any course of action (including negligence) or theory of liability in respect of special, indirect or consequential damages, loss of profit, or loss of business opportunity arising out of, or in connection with our site, our services, or these Terms of Use.
As we are not involved in transactions between end users and businesses, you release us (including our officers, employees, agents and contractors) from all claims, demands and damages of any nature arising out of or in any way connected with a dispute you may have with a customer, business or advertiser also using Buyblitz.com.
You agree to indemnify us against all claims, demands, damages, losses, costs and expenses (including reasonable legal fees) of any nature arising out of or in any way connected with a breach of these Terms of Use by you or your violation of any law or rights of a third party.
In this Section 9, a reference to “our”, “we” or “us” includes our officers, employees, agents and contractors and our related companies.
10. General
Either of us may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our respective businesses. You may not otherwise assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent.
Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with Buyblitz.com should be via the “Contact Us” facility. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms of Use. Notices sent by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether you have actually read the notice or not. Notices sent by mail will be deemed to have been received 3 days after the date of mailing.
These Terms of Use are governed by the laws of New South Wales, Australia.
Last updated 31 October 2006.
|
