WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1. Welcome to https://www.spendwithus.com.au (the ‘Website‘). The Website facilitates interactions between:
a. you (the ‘Receiver‘); and
b. independent sellers of goods and services (the ‘Provider‘),
o making it easier for the Receiver and the Provider to locate, communicate, arrange payment and advertise, sell, deliver and receive the goods and/or services in a fast and secure manner (the ‘Services‘).
2. The Website is operated by Country Collective Co Pty Ltd (ABN: 82 641 796 803) trading as Spend With Us – Buy From a Bush Business™ Spend With Us – Buy from a Bush Business™’, ‘we’, ‘our’ or ‘us’). Access to and use of the Website, or any of its associated products or Services, is provided by us. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records, and check these Terms regularly.
2. Acceptance of the Terms
· You accept the Terms by using the Website, including registering for the Services and/or making any payment as required for the goods Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by us in the user interface.
3. The Services
1. In order to access the Services, both the Receiver and the Provider may be required to register for an account through the Website (the ‘Account‘).
2. As part of the registration process, or as part of your use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
b. Email address;
c. Preferred username;
d. Mailing address;
e. Telephone number;
f. Website details;
g. Social media user name; and/or
h. payment details.
3. You warrant that any information you give to provide through the Website or in the course of completing the registration process will always be accurate, correct and up to date.
4. Once you have completed the registration process, or otherwise used the Website, you will be a member of the Website (‘Member‘) and agree to be bound by the Terms.
5. You may not use the Services and may not accept the Terms if you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
1. As a Member, you agree to comply with the following:
a. you will not share your profile or user accounts with any other person;
b. you will use the Services only for purposes that are permitted by:
i.the Terms; and
ii.any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
d. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any use of your password or email address or any breach of security of which you have become aware;
e. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
f. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
g. you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
h. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
i. you will not use the Services or the Website in connection with any commercial except as anticipated and permitted by these Terms;
j. you will not use the Services or Website for any illegal and/or use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or framing of or linking to the Website;
k. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action may be taken by us for any illegal or use of the Website; and
l. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
1. You will access the goods and services of the Provider through the Website. The Website:
a. advertises, promotes Providers and the goods and/or services of Providers; and/or
b. enables Providers to offer for sale and sell its goods and/or services.
2. Any communications with respect to goods and/or services of a Provider, shall be communications between the Receiver and the Provider and all sales are a transaction between the Provider and Receiver, subject to any terms and conditions imposed by the Provider.
3. We and the Website are not responsible or liable in relation to any communications between the Provider and Receiver, or any matter relating to or the subject of those communications.
4. To purchase any alcohol products found through the Website, the Purchaser and Receiver must both be over 18 years of age.
6. Using the Website as the Provider
1. You must be over 18 years old. You will act in good faith with respect to all matters relating to the Website and the Services and agree that you will only post in relation to:
a. goods or services that you are able and to use, access, sell, commercially exploit or let for hire;
b. vouchers that you or a third party intend to and can ; and
c. services or matters that you will perform and/or do.
2. You may create a directory listing on the Website free of charge, which advertises and promotes your goods and/or services. You may link your directory listing back to a website owned/operated by you, a social media account or to your contact details.
3. If we develop additional services, including services on and through the Website, those services may be offered to you. Fees may be payable in respect of those additional services.
4. Providers shall pay any bank, payment provider or other fees that are due and payable in respect of any sales. If Spend With Us – Buy From a Bush Business™ incurs any fees, costs or expenses in respect of a Promoter’s use of the Website, the relevant Promoter shall promptly, and within 14 days of receiving a request from Spend With Us – Buy From a Bush Business™, reimburse Spend With Us – Buy From a Bush Business™ those fees, costs and expenses, together with any additional costs incurred by us.
7. Prohibited Items Policy
1. Certain products and services are prohibited or restricted on Spend with Us – Buy From a Bush Business™. For a full listing of these items, click here.
2. Activity that doesn’t follow the Spend With Us – Buy From a Bush Business™ policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
8. Refund Policy
1. Product Sales: Since we are only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, we do not hold any liability to the Receiver (or Provider) directly and will not personally refund any payments made in the use of Services. Please liaise directly with the Provider.
2 Provider Subscriptions: Provider subscriptions must be paid in full at the time of subscribing and are non-refundable. Subscriptions renewals and charges for extra services must be paid upfront. It is the account-holder’s responsibility to ensure that their credit card details are up to date in our system and failed payments will be re-tried 3 times within 7 days of the subscription renewal date. A third failed payment for the same subscription will result in the subscription being cancelled and your store will revert to our basic plan (Essentials) or may be taken offline. By accepting these terms & conditions on registration you agree to pay your subscription on time and in full. All subscriptions renew automatically. You may choose to cancel auto-renewal of your subscription at any time. Doing so will not affect access to your store until the end of the current billing cycle so you can continue to use the service for the duration of the plan you’ve already paid for. Early termination of a subscription can be arranged by contacting Support using the Contact Us page, however any remaining time on your subscription is non-refundable.
9. Copyright and Intellectual Property
1. The Website, the Services and all of our related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.
2. All , service marks and trade names are owned, registered and/or licensed by the relevant trade mark owner, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
a. use the Website pursuant to the Terms;
b. copy and store the Website and the material contained in the Website in your device’s cache memory; and
c. print pages from the Website for your own personal and non-commercial use.
3. We do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by us.
4. We retain all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
5. You may not, without the prior written permission of us and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to us a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
- When purchasing via Spend With Us – Buy From a Bush Business, you agree to receive emails from us, as a customer, in relation to asking for feedback about your purchase or asking for product and/or store reviews.
11. General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b. Spend With Us – Buy From a Bush Business™ will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ours make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Providers) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or access to records;
b. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Services or any of the products of o; and
d. the Services or operation in respect to links which are provided for your convenience.
4. You acknowledge that our Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and we hold no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12. Limitation of Liability
1. Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that us, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. You acknowledge and agree that we hold no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13. Termination of Contract
1. We may at any time, terminate the Terms with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. we are required to do so by law;
c. we are transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
d. the provision of the Services to you by us or the Providers is, in the opinion of us, no longer commercially viable.
2. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.
3. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
1. You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c. any breach of the Terms.
15. Dispute Resolution
· 15.1. Compulsory:
· If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
· 15.2. Notice:
· A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
· 15.3. Resolution:
· On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
1. Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflicts Resolution Service, or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.
· 15.4. Confidential
· All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
· 15.5. Termination of Mediation:
· If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
· The Services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
· The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
· Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
· If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
20. Fees & Payment Terms
20.1 You must pay:
(a)on acceptance of your Membership by the Spend With Us – Buy From a Bush Business™, the membership fee; and
(b)on each renewal of your membership, the membership fee.
20.2 Spend With Us – Buy From a Bush Business™ will invoice you for the fees upon acceptance of your Application.
20.3 All invoices are payable within 7 days of receipt.
20.4 Spend With Us – Buy From a Bush Business™ may vary the fees from time to time on notice to you. We will provide a minimum of 30 days’ notice of fee changes by email to your last recorded email address. Such change in fees will be effective when you renew your membership for a further term.
21.1The terms of membership and any other information made available to you by Spend With Us – Buy From a Bush Business™ in relation to membership (including collateral) is confidential information. You must not disclose and must keep that information confidential at all times until that confidential information becomes generally available to, and known by, the public other than due to a breach of an obligation of confidence owed by you under these terms of membership.
21.2You must not make or authorise any press release or other public statement concerning Spend With Us – Buy From a Bush Business™ or your membership without the prior written consent of Spend With Us – Buy From a Bush Business™.
21.3Any publicity, advertising or other materials containing references to Spend with Us – Buy From a Bush Business, or using Spend With Us – Buy From a Bush Business™ intellectual property (whether registered or unregistered), must not be distributed or made public without Spend With Us – Buy From a Bush Business™’s prior written consent.
22.Transfer of Membership and assignment
Your membership, and your rights and obligations under these terms of membership are not transferrable by you, nor able to be exchanged, resold or redeemed for cash. Spend With Us – Buy From a Bush Business™ may assign or novate its rights or obligations under these terms of membership on written notice to you.
Failure by Spend With Us – Buy From a Bush Business™ at any time to enforce the provisions of these terms of membership will not be a waiver of any of Spend With Us – Buy From a Bush Business™‘s rights under these Terms of Membership.
Date: September 2020