Website Terms And Conditions Of Use

These Terms apply to the use of the Buy Aussie Now Website, including the use of the Content and the Services made available to you via the Website.

By accessing or using the Website you indicate that you have read and agree to be bound by these Terms. If you do not accept these Terms, please discontinue using the Website. These Terms must be read in conjunction with any other applicable terms and conditions of use governing the use of the Website.

 

1. Definitions

  • "ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Buy Aussie Now (also referred to herein as "we", "us" or "our") means Buy Aussie Now Pty Ltd (ACN 639 946 446).
  • "Content" means written, visual and audio content published on or available through the Website.
  • GST” means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • "Services" means the marketplace service provided by Buy Aussie Now on the Website and any other products or services made available to you by Buy Aussie Now.
  • "Terms" means these terms and conditions.
  • "User" means a person, jointly and severally if more than one, accessing or using the Website or the Services.
  • "Website" means https://www.buyaussienow.com.au/, all subpages, any associated websites operated by Buy Aussie Now, and any other websites on which these Terms appear.

2. Application of Terms 

  • The Website is owned and operated by Buy Aussie Now.
  • Through the Website you can access the Content and the Services.
  • If you are operating an online store or listing products for sale on the online marketplace made available via the Website, you must comply with the Vendor Terms available at http://www.buyaussienow.com.au/vendor-conditions-of-use. If there is any inconsistency between these Terms and the Vendor Terms, the Vendor Terms will prevail to the extent of the inconsistency.
  • If you are browsing or purchasing products on the online marketplace made available via the Website, you must comply with the Buyer Terms available at http://www.buyaussienow.com.au/buyer-conditions-of-use. If there is any inconsistency between these Terms and the Buyer Terms, the Buyer Terms will prevail to the extent of the inconsistency.
  • Buy Aussie Now may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website after any amendment becomes effective and will constitute your agreement to be bound by these Terms, as amended.
  • Buy Aussie Now reserves the right to vary, modify or discontinue any of the Services or Content available via the Website, at any time, without notice and without liability. 

3. Pricing and Payments

  • All prices listed on the Website are in Australian Dollars and are exclusive of GST, except where stated otherwise.
  • When you make a payment on the Website, you agree to pay the relevant fees using a valid payment method.

4. User Content

  • You are responsible for all Content that you submit to, publish or display on the Website, including its legality, reliability and appropriateness.
  • By submitting, publishing or displaying Content on the Website, you grant us a perpetual, irrevocable, royalty free license to use, modify, publicly display, reproduce and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit.
  • You represent that you own any Content uploaded by you or that you have the right to use such Content, and that the submission or publication of your Content on the Website will not cause you or us to breach any law, regulation, rule, code or other legal obligation.
  • You agree that any Content that you submit, publish or display does not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive or discriminatory content.
  • We reserve the right to modify or remove any Content from the Website at any time if we believe that the Content may breach any of these conditions.

5. Disclaimer 

  • Buy Aussie Now provides the Website and the Content on an 'as is' basis and use of the Website is at the User's own risk. Buy Aussie Now makes no representation or warranty as to the accuracy, completeness, currency, or reliability of the information contained on the Website (including in relation to any products available for purchase on the online marketplace).
  • The use of the Services and Content is entirely at your own risk. Changes are periodically made and may be made at any time. You agree to release us and waive all claims you may have arising your use of the Services and the Website, to the extent permitted by law. 
  • We do not warrant that your access to the Website and use of the Services will be uninterrupted or that the Website won’t have some technical glitches, that any defects will be corrected or that the Website and its servers are free of computer viruses and other harmful data, code, components or other material.
  • You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Website, Services or Content while we fix defects and errors, install updates and undertake general diagnosis and maintenance of the Services or undertake emergency maintenance and that as a result of which these applications may be less accessible or unavailable to you from time to time.
  • We may update the Website from time to time and may change the Content at any time. Please note that any Content on the Website may be out of date at any time, and we are under no obligation to update it.
  • The use of the Website requires compatible devices, internet access, and certain software and may require periodic updates. You agree that these requirements, which may change from time to time, are your sole responsibility.
  • You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Website and Services, including in particular any network charges for fixed or mobile internet use.

6. Warranties, consumer guarantees, and liability 

  • Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
  • Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
  • Except as expressly set out in these Terms or in respect of the consumer guarantees, Buy Aussie Now makes no warranties or other representations under these Terms including but not limited to the quality, suitability, or merchantability of the Services. Buy Aussie Now's liability in respect of these warranties is limited to the fullest extent permitted by law.
  • To the fullest extent permitted by law, and subject to the ACL, Buy Aussie Now, its directors, employees, agents, contractors and related entities will not be liable for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Website, the Services, the Content and all links to or from the Website.
  • If the ACL applies to your use or acceptance of our Services, then our Services may come with guarantees that cannot be excluded under the ACL. For major failures with a service, you are entitled:
    • to cancel your service contract with us; and
    • To a refund for the unused portion, or to compensation for its reduced value.
    • You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

7. Indemnity 

 

  • You agree to indemnify and hold harmless Buy Aussie Now, its directors, employees, agents, contractors and related entities ("The Indemnified") in respect of any loss, damage, injury or expense (including legal fees on a full indemnity basis) in connected with any third party claim made against The Indemnified in connection with:
    • any breach of these Terms by you; 
    • your use of the Website or the Content;
    • any breach of applicable laws by you; or
    • your breach of any third party's rights (including but not limited to intellectual property rights),
    • except to the extent the loss is caused by the negligence, or a willful act or omission, of Buy Aussie Now.

8. Intellectual Property

 

  • Unless otherwise stated, Buy Aussie Now owns all intellectual property rights to the Services and all Content on the Website, excluding any Content created and uploaded by a User.
  • All trade marks, trade names and copyrightable material which appear on the Website are owned by Buy Aussie Now and/or its affiliates. Use of these trade marks, names or materials without our consent will infringe our intellectual property rights.
  • You must not:
    • republish Content from the Website;
    • sell, rent or sub-license Content from the Website;
    • reproduce, duplicate or copy Content from the Website; or
    • redistribute Content from the Website.
  • Nothing on the Website or in these Terms should be interpreted as granting any rights to use or distribute any names, logos or trade marks of Buy Aussie Now unless express written consent is provided by us.

 

9. Privacy

  • We may collect, use, store, process and disclose any personal information that you provide to us or enter into the Website. We will only use your personal information for the purpose for which is was provided to us, to provide the Services to you, or for a related secondary purpose that could be reasonably expected. For further details, please refer to our privacy policy, available at https://www.buyaussienow.com.au/privacy-policy.
  • The provision of personal information and your continued use of the Website constitutes your approval for us to collect and process your personal information in accordance with our privacy policy.
  • We reserve the right to change the privacy policy from time to time. Please visit the Website regularly and check our current privacy policy.

10. Third-Party Material

 

  • You may be able, through hypertext or other links on the Website to gain access to websites or materials which are not owned or operated by us (“Third Party Material“). Unless otherwise specified, the Third Party Material is not owned or controlled by Buy Aussie Now.
  • The Third Party Material may have different terms and conditions and privacy requirements. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Material that you access.
  • You agree that we are not responsible for examining or evaluating the content or accuracy of the Third Party Material.
  • You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Material.
  • You agree that you will not use any Third Party Material in a manner that would infringe or violate the rights of any other party and that Buy Aussie Now is not in any way responsible for any such use by you.

11. Competitions and Promotions

  • Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate to these Terms. If you participate in any Promotions, please review the applicable rules. If the rules of the Promotion are inconsistent with these Terms, the Promotion rules will apply to the extent of the inconsistency. Promotions could include but not limited to giveaways, discounts, or specials.

12. General

  • The laws of the state of Victoria, Australia govern these Terms and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and all other courts entitled to hear appeals from those courts. 
  • Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
  • If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • Buy Aussie Now may licence, subcontract and/or assign all or any part of its rights and/or obligations under these Terms without your consent. You cannot licence, subcontract or assign your rights without our written approval.

Last updated: September 2020