WEBSITE TERMS AND CONDITIONS
These Terms apply to the purchase of Merchant Goods or Services from the Website, and the use of the Website.
If a User disagrees with these Terms, or any part of them, a User should not use the Website.
1. OUR FUNCTION
- You acknowledge that through the Website and Newsletter, we promote various Merchant Offerings. In performing this function, You acknowledge and agree that:
- We are not the provider or supplier of Merchant Goods or Services;
- Merchants are entirely responsible for the provision of Merchant Goods or Services; and
- The information about Merchant Goods or Services displayed on Our Website is based on material provided to Us by Merchants.
- In order to purchase Merchant Goods or Services and access certain features of the Website, You must become a member. You do this by subscribing to our Newsletter on the Website, by providing to Us certain personal information, including Your full name and valid email address. You warrant that any information You provide is accurate and current.
- You consent to us disclosing Your personal information to the Merchant relevant to Your purchase of Merchant Goods or Services. You also consent to us sending You direct marketing communications (including the Newsletter).
- To become a Member You must be at least 18 years of age, and have legal capacity to understand and accept these Terms.
- You are responsible for all orders placed on Your account on the Website.
3. Purchasing MERCHANT GOODS OR SERVICES
- The promotion of Merchant Offerings on the Website do not constitute an offer to sell, and are only an invitation to treat.
- Orders placed by You for Vouchers are an offer to purchase a Voucher for particular Merchant Goods or Services, subject to these Terms and any Merchant Terms, at the price (and any delivery fees) specified on the Website.
- If You are purchasing Merchant Goods or Services from Direct Suppliers, then You may be redirected the relevant Direct Supplier’s website, in order to offer to purchase their Merchant Goods or Services, subject to their terms and conditions.
- When you purchase Merchant Goods or Services, You enter into a direct contract with the relevant Merchant for the supply of the Merchant Goods or Services.
- Orders for Vouchers will only be confirmed once full payment has been received by Us. We may reject Your order if we believe, acting reasonably, that Your order is subject of credit card fraud, if a Merchant later is unable to provide You with Merchant Goods or Services for any reason whatsoever, or there has been an error in the price or product description on the Website for the relevant Merchant Goods or Services. In the event that that We reject your order, We will provide You with a full refund of any payment received.
- You must ensure that all contact, delivery and other personal details You include when purchasing Merchant Goods or Services (including the details relating to any Gift Recipient), are accurate and current.
- The prices for Merchant Offerings and any delivery or other charges, displayed on the Website are in Australian Dollars, and are current at the time of display, but may be subject to change from time to time. You may be required to pay “Goods & Services Tax”, as required under A New Tax System (Goods & Services Tax) Act 1999 (Cth), and any other applicable sales taxes..
- When You purchase a Voucher, You will be emailed a copy of the Voucher to the email address You provided to Us..
- You must redeem Your Voucher within the redemption period specified in the Merchant Terms. Once a Voucher has expired then the Voucher ceases to be valid, and is non-refundable. Merchants may, in their absolute discretion, decide to extend the redemption period of an expired Voucher.
- All Merchant Offerings are subject to availability. We do not make any warranty or guarantee that Merchant Goods or Services will be available at times and dates of your preference.
- You acknowledge and agree that:
- Merchant Offerings may include booking restrictions and participation conditions (such as minimum age, or weight and health constraints) as set out in the Merchant Terms. It is your responsibility to make any booking with a Merchant, and confirm that You are able comply with the Merchant Terms. We recommend that where a booking is required for a Voucher, immediately after Your purchase of the Voucher;
- Certain activities involved in a Merchant Offering may be a dangerous recreational activity, and involve risk to Your health and safety, and You participate in those activities at Tour risk;
- If you cancel a booking, You are subject to the Merchant’s cancellation policy stated in the Merchant Terms; and
- You acknowledge that Merchants reserve the right to cancel and reschedule a booking in respect of Your Voucher due to circumstances outside of the reasonable control of the Merchant.
- Vouchers cannot be exchanged or redeemed for cash.
- At the time You purchase a Voucher, You are given the option to purchase the Voucher for a Gift Recipient. Otherwise, valid and unused Vouchers are transferrable. If you wish to transfer a Voucher, You should contact Us and the Merchant to advise Us of the Voucher transfer, and provide details of the transferee.
- You are responsible for keeping Vouchers safe. We will not be responsible for any stolen or lost Vouchers, or fraudulent use of a Voucher by a third party.
- You should notify Us if You lose a Voucher. Provided that the Voucher is valid and unused, We can verify Your identify and that You purchased the Voucher, We will issue to You a replacement Voucher.
5. REFUNDS AND complaints
- If You purchase a Voucher and are not satisfied with You choice, You can request a refund within seven (7) days of the purchase date. Refunds will only be provided to the Member who purchased the Voucher. Refunds will not be provided if the Voucher has already been used. We will use best endeavours to process any refund within fourteen (14) days of Your request.
- If You have any complaint regarding Merchant Goods or Services You have purchased from a Merchant, or otherwise wish to obtain a refund for Merchant Goods or Services (other than the refund under clause 5(a)), then You should immediately contact the relevant Merchant. In addition, You can write to Us, and We will use our best endeavours to assist you resolve Your complaint or refund issue with the Merchant.
6. WARRANTIES AND our liability
- We do not make any warranties or guarantees regarding Merchant Goods or Services including without limitation, any guarantee the Merchant Goods or Services are a particular quality or standard, and are defect free. You may be entitled to certain guarantees under the Australian Consumer Law, which may be enforced against Merchants.
- We do not warrant guarantee or make any representation that the Website, or the server that makes the site available on the World Wide Web are free of software viruses, free from errors, or that the Website will operate uninterrupted.
- Inbreathe is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website.
- To the extent permitted by law, We exclude all liability to You or any other person, for any loss (including indirect, special or consequential loss), damages, costs (including legal costs) or expenses of any kind, arising from or in connection with:
- any act or omission of a Merchant or third party;
- Your use and access of the Website;
- Your acquisition or use of Merchant Goods or Services, or that of any Gift Recipient or transferee;
- any errors or inaccuracies in Merchant Offerings, in respect of information provided to Us by Merchants and third parties;
- delays to, interruptions of or cessation of transmission to or from the Website.
- Nothing in these Terms is intended to exclude, restrict or modify any guarantees under the Australian Consumer Law which apply and cannot be excluded, restricted or modified. Otherwise, all terms, conditions, warranties and representations, express or implied by statute or otherwise are excluded.
- The material on the Website is copyright of Inbreathe and/or other copyright owners. Inbreathe reserves all Intellectual Property Rights in the Website and material contained in it.
- Subject to clause 1(c), Users may view, download , and print pages from the Website for User’s own personal and non-commercial use, provided Users do not remove any copyright and trade mark notices contained on the material.
- Users must not:
- upload, repost or republish material from the Website (including to any other site on the World Wide Web);
- “frame” the material on the Website with other material on any other World Wide Web site.
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from the Website.
7.2 Acceptable use
- Users must not
- use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Inbreathe’s express written consent;
- use the Website to transmit or send unsolicited commercial communications;
- use the Website for any purposes related to marketing without Inbreathe’s express written consent.
7.3 Member Content and Reviews
- You grant to Us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, modify, translate and distribute Member Content in any existing or future media. You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
- You represent and warrant in relation to Member Content You provide, that:
- You are authorised to provide the Member Content;
- the Member Content is not false, misleading or defamatory;
- the Member Content does not contain any obscene or discriminatory language;
- you are the sole author of the Member Content and owner of the Intellectual Property Rights of the Member Content;
- the Member Content does not infringe any Intellectual Property Right of a third party;
- You consents to any acts or omissions by Us in respect of Member Content which might otherwise infringe your “moral rights” (as defined under the Copyright Amendment (Moral Rights) Act 2000 (Cth)) ; and
- the Member Content does not infringe any law, statute or regulation (including but not limited to any unfair competition, anti-discrimination or false advertising);
- We reserve the right to edit or remove any Member Content from the Website.
- You are entitled to terminate these Terms at any time, by ceasing to use the Website(and unsubscribing to the Newsletter). Your obligations under these Terms in respect of any Vouchers or Merchant Offerings You purchased prior to the time You terminate, shall continue to apply.
- We can terminate these Terms at any time in respect of You, or disable (temporarily or permanently) Your use of the Website at any time, with immediate effect and without notice to You, if You breach any of these Terms in our reasonable opinion.
- Amendment: We reserve the right, at Our discretion, to update or revise these Terms at any time. We will use Our reasonable efforts to notify You of changes by email. Your continued use of the Website following any changes to these Terms will constitute Your acceptance of any changes We make.
- Notice: We may give notice under these Terms by means of notice on the Website, or my email to Your email address on record in Your account information. You can notify Us by email at firstname.lastname@example.org.
- Waiver: Unless expressed in writing to You by us, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.
(b) Governing Law: these Terms will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Direct Supplier means a Merchant that requires Members to directly pay them for the provision of Merchant Goods or Services;
- Gift Recipient means any natural person You purchase a Voucher for;
- Inbreathe, Us, Our or We means [INSERT COMPANY] trading as Inbreathe;
- Intellectual Property means all copyright, trade marks, designs, confidential information, patents, invention and discoveries;
- Intellectual Property Rights means all rights in the Intellectual Property, including current and future, registered and unregistered rights conferred by statute, common law or equity;
- Member or You means a registered member of the Website;
- Member Content means any material, including without limitation text, images, audio material, video material and audio-visual material, that Members submit to the Website, for whatever purpose;
- Merchant means a supplier of the goods or services the subject of an Merchant Offering;
- Merchant Goods or Services means the goods or services the subject of an Merchant Offering;
- Merchant Offering means an offer for Merchant Goods or Services displayed on the Website;
- Merchant Offering Terms means the Merchant’s terms and conditions concerning the Merchant Offering, set out on the Website;
- Newsletter means the Inbreathe newsletter sent to Members;
- Voucher means a physical or electronic document received by a Member following the Member’s purchase of a Merchant Offering (not being from a Direct Supplier), whether for themselves or for a Gift Recipient, and which contains a unique identification, and indicates the Member’s (or Gift Recipients) claim to the Merchant Goods or Services;
- User means a Member or Merchant or any other person using the Website;
- Website means the website located at http://inbreathe.com.au/ owned by Inbreathe;