Voucher Terms of Sale & Supplied Goods Terms of Sale
MemberBuy Voucher Terms of Sale
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from MemberBuy.
1.2 MemberBuy means MemberBuy Australia Pty Ltd (ACN 637 288 978)
1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the "Voucher Holder") to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the "Redemption Period").
1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on MemberBuy's Site and on the Voucher.
1.5 The Merchant is a third party unrelated to MemberBuy that sells, supplies and/or provides the Merchant Offering.
MemberBuy does not sell, supply and/or provide the Merchant Offering.
1.6 MemberBuy reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a purchase, you need to register and create an account with MemberBuy.
2.2 By clicking on the "Buy" button you submit an offer to MemberBuy to buy the Voucher. MemberBuy expressly reserves the right to reject your offer. In addition, even if MemberBuy has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against MemberBuy, an affiliated third party of MemberBuy or the Merchant.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant and not with MemberBuy;
(c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant
3.2 All Vouchers sold by Merchant are single-purpose Vouchers which can only be redeemed with the Merchant.
3.3 In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore.
3.4 In the event that a Merchant Offering on the MemberBuy Site is a "Direct Checkout" deal, MemberBuy will collect your shipping details at the time of purchase. MemberBuy will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you.
3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. MemberBuy cannot influence the supply and/or provision of the Merchant Offering.
3.6 If you do redeem the Voucher for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
3.7 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.8 On behalf of the Merchant, MemberBuy may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
3.9 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, MemberBuy will notify you as soon as possible by email or Message. MemberBuy will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher or by issuing MemberBuy credit.
4. Use of a Voucher
4.1 Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
4.2 Your Voucher is solely your responsibility. Neither MemberBuy nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at MemberBuy's discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited
5. Cancellation (and exceptions), Refunds and Problems
5.1 Unless otherwise stated in the specific fine print of the deal, you have the right to cancel your purchase of the Voucher within 7 business days after the day you buy the Voucher (the "Voucher Cancellation Period"). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since MemberBuy is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed you are not entitled to a refund (in whole or in part). Please note that, for the avoidance of doubt, this section also applies to all "Direct Checkout" deals.
5.2 If you want to cancel your purchase of a Voucher you can do so by contacting MemberBuy.com.au.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5., Merchant will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Merchant about your cancellation.
5.4 If you redeem your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not MemberBuy, is responsible for the supply and/or provision of the Merchant Offering MemberBuy only sells and supplies the Voucher. However, if you and the Merchant cannot agree on how to resolve the complaint, MemberBuy may, upon your request, try to help resolve the issue between you and the Merchant
5.5 All refunds will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately via MemberBuy.com.au. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. MemberBuy will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against MemberBuy related to, arising out of, or connected to that Voucher.
6. Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not MemberBuy, is:
6.1.1 the seller, supplier and/or provider of the Merchant Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself
6.2 Under no circumstances is MemberBuy acting as the agent of the Merchant.
7. MemberBuy's Standards of Services and Liability
7.1 MemberBuy promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose;
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 MemberBuy is always liable for: (a) death and personal injury caused by MemberBuy's negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, MemberBuy is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
7.4 MemberBuy does not promise the completeness, fitness for purpose or legality of the Merchant Offering. MemberBuy is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
7.5 MemberBuy is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, MemberBuy's total liability to you will in no circumstances exceed the amount of the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. MemberBuy's Site
9.1 If you breach these Terms of Sale and MemberBuy takes no action against you this does not mean that MemberBuy has waived its rights and remedies with regard to your breach. MemberBuy may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.
9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to MemberBuy for the purpose of legal process) or by pre-paid post. Any notice MemberBuy sends to you will be to the address you supplied to MemberBuy when you registered for your MemberBuy account. You can send any notice to MemberBuy at the registered office address as set out in section 1.2.
9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
9.4 These Terms of Sales are governed and interpreted by the laws without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Australia.
MemberBuy Supplied Goods – Terms of Sale
1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS
1.1 The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and MemberBuy Australia Pty Ltd (referred to herein as "MemberBuy", "we", "us" or "our").
1.3. These Terms of Sale apply: By placing an order with Merchant you agree to be bound by these Terms of Sale
1.4. Your offer: Your click of the “Pay” button is an offer to buy the products sold by Merchant (the “Goods”).
1.5. A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.
1.6. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights relate to faulty or misdescribed goods or your ability to cancel the contract.
1.7. Updates to these Terms of Sale: We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.
2. PRICING AND PURCHASE
2.1. Pricing and whom you pay: The Goods are sold by MemberBuy. MemberBuy will take and process your payment for your order. All prices on the website for Goods are inclusive of legally applicable GST. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.
2.2. Delivery charges: The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.
2.4. Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
2.5. Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods: 2.5.1. If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or 2.5.2. If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
3. CHANGES TO ORDER
3.1 Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact any rights to return you may have for the particular purchase.
4. DELIVERY OF GOODS
4.1. Shipping: MemberBuy Goods shipping options and fees will be set forth in the Fine Print and will vary by offer. Your purchase is not eligible for shipment outside Australia.
4.2. Delivery estimates: Delivery estimates are provided in the fine print of the offer. We take reasonable steps to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
5.OUR CANCELLATION RIGHTS
5.1. We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.
6.YOUR RIGHT OF CANCELLATION
6.1 Your cancellation rights: Unless otherwise stated in the fine print, all purchases are final. We do not refund for change of mind.
7. RETURNS AND REFUNDS
Our goods come with guarantees that cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8. GOODS INFORMATION
8.1.We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the website. While we work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for use, the Goods sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use.
8.2.Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.
8.3.Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.
9.1. The standards we operate under: MemberBuy always tries its best at what it does and promises that:
9.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
9.1.2. we have the right to sell Goods;
9.1.3. we only sell the Goods for domestic and private use;
9.1.4. Goods are of satisfactory quality and fit for their purpose, and
9.1.5. we will not contravene the requirements of professional diligence in what we do.
9.2 This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.
9.3 What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by MemberBuy, excluding serious misconduct not conducted by MemberBuy itself; or (v) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
9.4. Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we only sell Goods for domestic and private use, we are shall not be liable for:
9.4.1. loss of revenue;
9.4.2. loss of actual or anticipated profits;
9.4.3. loss of business; and
9.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
9.5. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).
10.1. Interpretation: In these Terms of Sale:
10.1.1. words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
10.1.2. Clause headings such as ("10. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 10.1.2) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
10.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
10.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
10.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
10.4. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed, we will arrange with you a new delivery date for your Goods, if possible.
10.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.
10.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
10.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
10.8. No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of MemberBuy, its subsidiaries, any holding companies of MemberBuy , its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
10.9. Survival: In any event, the provisions of Clauses 1, 2, 6, 6, 8, 9, 10 and 11 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.
10.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
10.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Australian law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Australia.
These Terms of Sale were last updated on 1 March 2020.