WEBSITE TERMS AND CONDITIONS OF USE
1.
About the Website
(a)
Welcome to www.getgroupbuy.com (the 'We b site '). The Website facilitates
interactions between:
(i)
customer / user (the 'Receiver'); and
(ii)
brand / merchant (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate,
arrange payment and deliver the services in a fast and secure manner (the
'Services').
(b)
The Website is operated by Ohome PTY. LTD. (ACN 625149537) . Access to and
use of the Website, or any of its associated products or Services, is provided by
Ohome. 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.
(c)
Ohome reserves the right to review and change any of the Terms by updating this
page at its sole discretion. When Ohome updates the Terms, it will use reasonable
endeavours 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.
2.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as
required under the Terms for use of the 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 Ohome in the user interface.
3. The Services
(a)
In order to access the Services, both the Receiver and the Provider are required
to register for an account through the Website (the 'Account').
(b)
As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(i)
Email address
(ii)
Preferred username
(iii)
Mailing address
(iv)
Telephone number
(v)
Password
(c)
You warrant that any information you give to Ohome in the course of completing
the registration process will always be accurate, correct and up to date.
(d)
Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
(e)
You may not use the Services and may not accept the Terms if:
(i)
you are not of legal age to form a binding contract with Ohome; or
(ii)
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
4.1.
As a Member, you agree to comply with the following:
(a)
you will not share your profile 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 Ohome of any
unauthorised 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 endeavours except those that are specifically endorsed or
approved by the management of Ohome;
(j)
you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
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 will be taken
by Ohome for any illegal or unauthorised 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
(a)
can select a product to buy. A product can be purchased for two different prices.
One price is if the receiver wishes to purchase immediately with no other party.
Another price is reserved if the receiver purchases the product with another
receiver. A receiver can first create a group. This group remains active for 24
hours. The group will expire after 24 hours and the purchase cannot be made.
Another group can be created. If another receiver joins the group the purchase will
be complete, both parties charged at the group price and an order created for the
merchant to fulfil. If there is already a group existing for the product they wish to
purchase they may join this, or they may join a group a friend has invited them to.
6. Using the Website as the Provider
(a)
The provider lists products on the marketplace at two prices. One price a solo
purchase price, if the receiver purchases the product on their own. The other
group purchase price will be at a discount. A merchant is responsible for running
their shop on the marketplace. They are responsible for maintaining inventory, up
to date product information, product pricing including taxation and shipping costs.
The provider is responsible for fulfilling all product orders that are created. The
provider is also responsible for customer service enquiries related to an order
including but not limited to refunds. The provider is responsible for all shipping and
returns.
7.
Payment
(a)
By Ohome offering the Services to you, you agree that:
(i)
Currently Ohome ACN 625149537 / groupbuy / groupbuy shop receives a
transaction fee when product is bought
(b)
All payments made in the course of your use of the Services are made using
Stripe. In using the Website, the Services or when making any payment in relation
to your use of the Services, you warrant that you have read, understood and
agree to be bound by the Stripe terms and conditions which are available on their
website.
8.
Refund Policy
(a)
Since Ohome is only a facilitator in introducing the Receiver to the Provider and
providing a system to make safe payment, Ohome does not hold any liability to the
Receiver directly and will not personally refund them any payments made in the
use of Services.
(b)
Notwithstanding the above clause, if a Receiver is unsatisfied with the services
provided by the Provider or believes that they may be entitled to a refund, then
Ohome requires the Receiver to:
(i)
contact the Provider directly to request a refund; and
(ii)
if contacting the Provider is not successful after fourteen (14) days, contact
Ohome through the 'Contact Us' section of the Website outlining why you
believe you are entitled to a refund so we are able to determine if the
Provider should be removed from the Services.
(c)
If contacted by a Receiver who is requesting a refund pursuant to the above
clause, the Provider agrees that it will immediately:
(i)
complete the Ohome refund request form (the 'Request Form') provided on
the Website; and
(ii)
provide both the Request Form and the email from the Receiver requesting
the refund to Ohome.
(d)
If the Provider agrees to a refund it is acknowledged that the Provider will instruct
Ohome to refund all or part of the payments made to the Receiver directly, less
any fees and charges incurred by Ohome in processing the refund.
(e)
Both the Receiver and Provider agree that they will comply with the Refund Policy
contained in this Clause of these Terms.
9. Copyright and Intellectual Property
(a)
The Website, the Services and all of the related products of Ohome 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 Ohome or its
contributors.
(b)
All trademarks, service marks and trade names are owned, registered and/or
licensed by Ohome, who grants to you a worldwide, non-exclusive, royalty-free,
revocable license whilst you are a Member to:
(i)
use the Website pursuant to the Terms;
(ii)
copy and store the Website and the material contained in the Website in
your device's cache memory; and
(iii)
print pages from the Website for your own personal and non-commercial
use.
Ohome does not grant you any other rights whatsoever in relation to the Website
or the Services. All other rights are expressly reserved by Ohome.
(c)
Ohome retains 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:
(i)
business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii)
a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii)
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),
to you.
(d)
You may not, without the prior written permission of Ohome 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.
(e)
Where you broadcast, publish, upload, transmit, post or distribute Your Content on
the Website, then you grant to Ohome a non-exclusive, transferrable, perpetual,
royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change Your
Content.
10.
Privacy
Ohome takes your privacy seriously and any information provided through your use of
the Website and/or Services are subject to Ohome's Privacy Policy, which is available on
the Website.
11.
General Disclaimer
(a)
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.
(b)
Subject to this clause, and to the extent permitted by law:
(i)
all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii)
Ohome 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.
(c)
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 Ohome make any express or implied representation
or warranty about the Services or any products or Services (including the products
or Services of Ohome) 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:
(i)
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 unauthorised access
to records;
(ii)
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);
(iii)
costs incurred as a result of you using the Website, the Services or any of
the products of Ohome; and
(iv)
the Services or operation in respect to links which are provided for your
convenience.
(d)
You acknowledge that Ohome 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 Ohome holds 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
(a)
Ohome's 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.
(b)
You expressly understand and agree that Ohome, its 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.
(c)
You acknowledge and agree that Ohome holds 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
(a)
If you want to terminate the Terms, you may do so by providing Ohome with 3
days' notice of your intention to terminate by sending notice of your intention to
terminate to Ohome via the 'Contact Us' link on our homepage.
(b)
Ohome may at any time, terminate the Terms with you if:
(i)
you have breached any provision of the Terms or intend to breach any
provision;
(ii)
Ohome is required to do so by law;
(iii)
Ohome is 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
(iv)
the provision of the Services to you by Ohome is, in the opinion of Ohome,
no longer commercially viable.
(c)
Subject to local applicable laws, Ohome reserves 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
Ohome's name or reputation or violates the rights of those of another party.
(d)
When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Ohome 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.
14.
Indemnity
(a)
You agree to indemnify Ohome, its affiliates, employees, agents, contributors, third
party content providers and licensors from and against:
(i)
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;
(ii)
any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii)
any breach of the Terms.
15. Dispute Resolution
(a)
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).
(b)
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.
(c)
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i)
Within 5 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;
(ii)
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 Relevant remediation body for country or
his or her nominee;
(iii)
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;
(iv)
The mediation will be held in australia, Australia.
(d)
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.
(e)
Te r m in a tio n o f M e d ia tio n :
If 1 month 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 Curisdiction
The Services offered by Ohome is 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.
19. Severance
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.