Terms for Buyers
By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Products and Services online. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL TERMS OF SERVICE FOR BUYERS OF PRODUCTS ONLINE
Our website has various Products and Services available for purchase from us directly, and from Vendors. Where you place an order for a Vendor Product or Service you are placing an order with that Vendor. We act as their agent by taking the order and collecting payment, and communications, but you are making an offer to the Vendor and the contract is between you and the Vendor. We are not involved in the interaction between Vendors and Buyers, but only facilitate their introduction. We cannot warrant the quality, legality or description of the Vendor Products or Services. We cannot warrant the skill or experience of any particular Vendor, or their Services. Vendors are responsible for all deliveries of the Vendor Products and Services, and for their own refund and cancellation policies and any terms and conditions. If you have a dispute with a Vendor you must resolve it with that Vendor and you release us from all Claims arising out of or in any way connected with such disputes.
Things you must do before purchasing Our Products and Vendor Products and Services on our website
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- pay for Products and/or Services via the published payment methods available;
- have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively; and
- be careful with your order because after placing an order we cannot cancel it as it will have been processed and paid for by us.
Where you wish to purchase a Service you must also ensure you provide the Vendor with a complete and accurate brief including adequate information to the Vendor to enable them to perform the Services. You represent and warrant that all information is correct and up to date, that you will respond promptly to their requests for further information. You further warrant that you own or have a license to all Intellectual Property Rights in any materials you provide the Vendor throughout the performance of the Services. We recommend you label any confidential information as such. Where there is no other agreement, you will own all Intellectual Property Rights in all Materials that are the result of the performance of the Services.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
- occasional errors or omissions in Products and Service descriptions, prices, shipping charges, delivery times, availability and promotions;
- colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products; and
- some Products that have limited quantities, and Services that are not always available. Some sales are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products or Services.
Things you must do after purchasing on our website
- contact Australia Post or the courier company directly if you have a late, stolen, or damaged deliveries;
- contact us by email at if you have any issues with Our Products and require a refund;
- contact the relevant Vendor by email if you have any issues with a Vendor Product and require a refund;
- contact the relevant Vendor by email if you have any issues with a Service and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including shipping charges, delivery times, availability and promotions;
- change prices or descriptions of Products and Services;
- change the range of Products, or discontinue Products or Services; and/or
- cancel orders if information is inaccurate.
We make deliveries of Our Products at your option and your cost
We deliver Our Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and send Our Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties. All Vendor Products will be delivered by the relevant Vendor. Please see the relevant Vendor terms and conditions in relation to deliveries.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Product repaired, replaced or refunded if they don’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage. Where you purchase Services, you are entitled to consumer guarantees that the Services are delivered with due care and skill, and within a reasonable time. You also have the right to have a Service replaced or refunded if it doesn’t meet a consumer guarantee.
Except as required by law we do not warrant the quality of the Our Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with Our Products is due to your misuse, failure to comply with manufacturer’s or our instructions, or where you fail to take reasonable care. You must refer to the relevant Vendor terms and conditions for any refund issues with Vendor Products, and Services.
If we need to cancel your order we will provide a refund
Except as required by law, all sales for Our Products are non-transferable and non-refundable. On occasion we may cancel an order for Our Products where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for Our Products, including, but not limited to, where an order appears to be by resellers or distributors.
We can refuse to serve you and sell Products and Services at any time
We may refuse to provide Products or Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products and/or Services. We can also change, suspend or stop providing Products and/or Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop offering Products and/or Services.
LIABILITY AND INDEMNITY
o the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products and Services purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products and Services, loss or stolen Products during delivery, any late delivery, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Products.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the Products or Services or the supply of equivalent Products or Services; or
- the payment of the cost of replacing the Products or Services of acquiring equivalent Products and/or Services.
- In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Products and/or Services you have paid for.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms of Service and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Agreement means these Terms for Buyers and all other terms and conditions and policies published or linked to on our website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Buyer means any Member who becomes a customer or purchaser of a Vendor’s Products and/or Services.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any materials produced as a result of the Services, including any copy, images, documents, logos, concepts, designs, documents, and any other materials.
Our Products means any Our Products available through our website.
Products and/or Services means any of the Vendor Products or any of Our Products and any Vendor Services available on our website.
Vendor Products means any Vendor Products listed on our website.
Services means any service that a Vendor lists on our website.
Vendor means any Member being a person or business listing their Products and/or Services on our website.
We, us, or our means Spotz Pty Ltd [ ABN 34640432088] and includes any of our directors, officers, employees, agents, partners, contractors.
Website means www.spotz.com.au, and everything available on this website including, but not limited to, our marketplace and all listing services.