Terms & Conditions

By Vouch For You

Vouch For You Ltd ACN 640 188 727

Trading address: 1/40 Beach Road, Beach Road Bondi Beach 2026

These are the terms and conditions (Terms and Conditions) governing the use of VouchForYou.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.

These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.

The Terms and Conditions published at the time of your use of the Site shall apply to you.

Vouch For You Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.

To use this Site you must first read and agree to the Terms and Conditions as set out below.

If you do not agree to the Terms and Conditions as set out below, please leave the Site now.

1 Introduction

1.1 Vouch For You Ltd ACN 640 188 727 (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘Vouch For You’) is an Australian not for profit company limited by guarantee by the value of its members. We operate an online platform via the Site, allowing users to purchase all things.

1.2 Definitions: When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to Vouch For You.

When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.

Other defined terms and their meanings are:

‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;

‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney, Australia.

‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased products from the Site

‘Charge Back’ means a buyer disputed or fraudulent transaction that has been remitted on the Site;

‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:

(a) graphics programming codes, drawings, computer programs, website

(b) business names, company names, product names;

(c) any right to have information kept confidential;

(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;

(e) phone numbers, fax numbers, email addresses, directory listings; and

(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.

‘Licence’ means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;

‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;

‘Party’ means any Buyer and ‘parties’ has a corresponding meaning;

‘Product’ means a good or service advertised by or sold on the Site;

‘Site’ means the internet site at the domain Vouch For You.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;

‘Users’ means anyone using the Site for any purpose and includes all Buyers;

2 All Users

2.1 Before using this Site, you must read and accept these Terms and Conditions (including Fees & Service levels) and the Vouch For You Privacy Policy. You agree that these Terms and Conditions (Fees & Service levels) and the Vouch For You Privacy Policy will apply whenever you visit the Site, or when you use the tools we make available to interact with the Site.

3 All Buyers

3.1 Risk & liability: We accept advertisements in good faith. Advertisements on the Site for Products are prepared by sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.

3.2 Returns/Refunds: We do not accept returns, exchange or refund requests, unless the item is agreed as faulty. Since all the products are final, we do not accept refunds or exchanges. We do not accept requests for cancellation of orders or the return of items unless the item you purchased is defective upon our confirmation. If you receive a incorrect item, please contact us at support@vouchforyou.com.au with your order number, details of the product, image of the part of defect and your order invoice. We will get back to you if the item is eligible for return. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. If an item cannot be replaced, the purchase price will be refunded.

3.3 Security: When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre.

4 General

4.1 Promotion of good business practice: We aim to promote good business practices and a fair and efficient store. All Users on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.

4.2 Currency: All transactions are processed in Australian dollars (AUD).

4.3 Each purchase a separate contract: Each purchase via the Site constitutes a separate contract between the Buyer and Vouch For You.

4.4 Relationship of parties: By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Vouch For You.

4.5 Governing law and jurisdiction: The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

4.6 Overseas Users: The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.

4.7 Australian Consumer Law: To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.

4.8 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:

• merchantable quality;

• durability and fitness for a particular purpose;

• legal title; and

• non-infringement of Intellectual Property Rights.

4.9 To the extent permitted by Australian law, Vouch For You or its suppliers are not liable for any Loss suffered by a Buyer in respect of Products advertised on the Site.

4.10 No waiver: Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

4.11 Risk & Liability: We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased on the Site.

4.12 Some information on the Site may be uploaded from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.

4.13 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

4.14 All reasonable care will be taken while compiling the Site’s content, including advertising and User content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.

4.15 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those 5 which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

4.16 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Vouch For You, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.

Last updated on 27 April 2020 by Vouch For You Ltd