Terms & Conditions
These
terms and conditions are the contract between you and the Vegan Superstore (“us”, “we”, etc). By visiting or using Our Website, you agree to
be bound by them. Our suppliers may also impose additional terms and conditions
to which your contract with them will be subject.
The Vegan Superstore is a trade name of Vegan Superstore ABN 93 676 830 460.
Under 18
years? Sorry, but we deal only with people who are legally able to enter into a
binding contract. Please ask someone over 18 to buy your Product on your
behalf.
If you
use our Service, you do so in accordance with these terms. If you are unable to
accept these terms, your only remedy is to leave Our Website and stop using the
Vegan Supertore App.
1.
Definitions
“Vegan Superstore App”
means the mobile phone / cell-phone software application which enables you to select, order and pay for Products using your phone. It includes any “app” or other product, material or thing offered for licence by us on Our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “Vegan Superstore ” shall be a reference to all or part of the Vegan Superstore App.
“Service”
means the service we provide to you via the Vegan Superstore App.
“Content”
means the textual, visual or audio content that is encountered as part of your experience using the Vegan Superstore App or Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Sellers to inform illustrate and promote sales of the Products.
“Copy or Publish”
with reference to the Vegan Superstore App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.
“Device”
includes any device, work station, electronic application or electronic receiving device.
“Licence”
means a licence granted by us to you in the terms of this agreement for use of the Vegan Superstore App.
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.
"Post"
means place on or into Our Website any Content or material of any sort by any means.
“Product”
means any product offered for sale on Our Website, through any medium.
“Seller”
means a person or organisation whose Products we offer for sale through the Vegan Superstore App.
“Software”
means the software which constitutes the Vegan Superstore App or which provides any electronic function which supports the use of it.
2.
Our contract
2.1.
We do not offer Service in all countries. We may refuse service if you
live in a country we do not serve.
2.2.
In entering into this contract you have not relied on any representation
or information from any source except the definition and explanation of the
Service given on Our Website.
2.3.
We are neither a buyer nor seller of Products offered for sale in any
form. We are not either a principal or agent in a buying transaction.
2.4. Vegan Superstore is a marketplace. We are agents
of a Seller only to the extent of use of Our Website as a platform for sale of
his Products and for collection and forwarding of your money. We are not
responsible to you further than to take your money and pass it to the Seller.
2.5.
We welcome any comment or complaint about a Seller, which you make
through Our Website. We may act upon a complaint in our discretion, for the
benefit of the body of our members.
2.6.
We are not responsible for delivery of any Product you order or for the
returns and repayment procedure should you decide to return a Product for any
reason.
2.7.
In any dispute with a Seller, you should deal only with the Seller. We
have neither legal obligation nor detailed information about the Product.
2.8.
We may change this agreement in any way at any time. The version
applicable to your contract is the version which is Posted on Our Website at
the time you buy a Product.
3.
Your account and personal information
3.1.
When you visit Our Website, you accept responsibility for any action done
by any person using your name, account or password. You should take all
necessary steps to ensure that the password is kept confidential and secure and
should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be, used in an unauthorised manner.
3.2.
You agree that you have provided accurate, up to date, and complete
information about yourself. We are not responsible for any error made as a
result of such information being inaccurate.
3.3.
You agree to notify us of any changes in your information immediately it
occurs. If you do not do so, we may terminate your account.
4.
The buying procedure
4.1. Vegan Superstore is not responsible for the
fulfilment of your contract to buy a Product.
4.2.
Prices listed on Our Website by Sellers are inclusive of any applicable
sales tax.
4.3.
Unless it is clear to the contrary, you may assume that every sale is
made by a Seller in the course of his business.
4.4.
Products may be offered for sale subject to any discount or promotion
arranged between Vegan Superstore and the Seller.
4.5.
If, by mistake, we have under-priced a Product, we will not be liable to
supply that Product to you at the stated price, provided that we notify you
before we dispatch it to you.
4.6.
Subject to discounts and promotions, Products are offered for sale at a
fixed price. GST may be due and will be either included in the price or shown
separately. If not shown, it will not be charged.
4.7.
All Products will be subject to a delivery charge which will be shown at
the pay point. The delivery charge will be fixed by the Seller for each Product
offered for sale. It may be changed at the discretion of the Seller.
4.8.
Neither we nor the Seller can be responsible for action by any
governmental authority. We do not know and are not responsible for duties,
taxes, delays or impounding of any Product.
4.9.
Any detail given by us in relation to exchange rates is approximate only
and may vary from time to time.
4.10.
For security purposes (yours and ours) we will not permit more than a
maximum number of transactions with you in a given period of time.
4.11.
To make future use of Our Website easier and faster for you, we will
retain the personal and delivery information you give to us. We will not retain
information relating to your payment or credit card. This financial information
never comes into our control. The information is given into a page which is in
reality a page of our payment service provider. For details about disclosure of
personal information please see our privacy notice.
5.
Acceptance
5.1.
Your order is an offer to buy from the Seller.
5.2.
Nothing said or done by the Seller is an acceptance of an order until
the Seller actually dispatches the Product.
5.3.
At any time before a Product is dispatched, the Seller may decline to
supply the Product to you without giving any reason.
6. Vegan Superstore guarantee
6.1.
To give you the utmost confidence in the Vegan Superstore buying experience, we offer you an after sales guarantee :
6.1.1.
If the Seller fails to supply a Product to you
for which you have paid, or supplies a Product which is substantially different
from what you ordered, we ourselves will refund the cost to you.
6.2.
This guarantee is subject to the following conditions:
6.2.1.
you must first follow the returns and refunds procedure set out on Our
Website;
6.2.2.
the maximum payment is $250. We will
make the payment to you between 30 and 60 days from the date we receive your
claim form, as provided on Our Website;
6.2.3.
the claim form must be completed truthfully and accurately;
6.2.4.
you must provide a street address to us in Australia.
6.2.5.
you are limited to a lifetime maximum of 2 claims and a maximum of one item in two years;
6.2.6.
you must not have requested a charge back from your credit card company.
6.3.
The guarantee set out in this paragraph is non contractual. We shall
operate it at our entire discretion.
7.
How we handle your Content
7.1.
Our privacy policy is strong and precise. It complies fully with current
privacy law which is at privacy policy.
7.2.
If you Post Content to any public area of Our Website it becomes
available in the public domain. We have no control over who sees it or what
anyone does with it.
7.3.
Even if access to your text is behind a user registration it remains
effective in the public domain because someone has only to register and log in,
to access it. You should therefore avoid Posting unnecessary confidential
information.
7.4.
We need the freedom to be able to publicise our Services and your own
use of them. You therefore now irrevocably grant us the right and licence to
edit, copy, publish, distribute, translate and otherwise use any Content that
you place on Our Website, in the public domain and in any medium. You represent
and warrant that you are authorised to grant all such rights.
7.5.
We will use that licence only for commercial purposes of the business of
Our Website and will stop using it after a commercially reasonable period of
time.
7.6.
You agree to any act or omission which may otherwise infringe your right
to be identified as the author and your right to object to derogatory treatment
of your work as provided in the Copyright Act
1968.
7.7.
You now
irrevocably authorise us to publish feedback, comments and ratings about your
activity through Our Website, even though it may be defamatory or critical.
7.8.
Posting Content of any sort does not change your ownership of the
copyright in it. We have no claim over it and we will not protect your rights
for you.
7.9.
You understand that you are personally responsible for your breach of
someone else’s intellectual property rights, defamation, or any law, which may
occur as a result of any Content having been Posted by you;
7.10.
You accept all risk and responsibility for determining whether any
Content is in the public domain and not confidential.
7.11.
Notify us of any security breach or unauthorised use of your account.
7.12.
We do
not solicit ideas or text for improvement of our Service, but if you do send to
us material of any sort, you are deemed to have granted to us a licence to use
it in the terms set out at sub paragraph above.
8.
Products returned
These
provisions apply in the event that you return any Product to the Seller for any
reason except:
8.1.
You should examine the Product on receipt to check for possible defects
and to satisfy yourself that it complies with your order, is of merchantable
quality and in safe, clean and usable condition.
8.2.
The Product must be returned to the Seller as soon as any defect is
discovered but not later than 14 days.
8.3.
Product should be returned in accordance with the procedure set out on
the Seller’s website or otherwise in his terms and conditions.
8.4.
So far as possible, a Product should be returned:
8.4.1
with both Product and all packaging as far as possible in their original
condition;
8.4.2
securely wrapped;
8.4.3
including the Seller’s delivery slip;
8.4.4
at your risk and cost.
8.5.
In returning a defective Product, please enclose with it a note clearly
stating the fault and when it arises or arose.
8.6.
If the Seller agrees that the Product is defective, he will send a new
copy to you or refund the full cost you have paid.
9. Security of your credit card
We take care to make Our Website safe for you to use.
9.1.
Card payments are not processed through pages controlled by
us. We use one or more online payment service providers who will encrypt your
card or bank account details in a secure environment.
9.2.
If
you have asked us to remember your credit card details in readiness for your
next purchase or subscription, we will securely store your payment details on
our systems. These details will be fully encrypted and only used to process
your automatic monthly payments or other transactions which you have initiated.
10.
Restrictions on what you may Post to Our Website
We
have to regulate your use of Our Website to protect our business and our staff,
to protect other users of Our Website and to comply with the law. This
paragraph applies so far as we allow you to Post Content.
We
do not undertake to moderate or check every item Posted, but we do protect our
business vigorously. If we believe Content Posted breaches the law, we shall
co-operate fully with the law enforcement authorities in whatever ways we can.
You
agree that you will not use or allow anyone else to use Our Website to Post
Content or undertake any activity which is or may:
10.1.
be unlawful, or tend to incite another person to commit a crime;
10.2.
consist in commercial audio, video or music files;
10.3.
be obscene, offensive, threatening, violent, malicious or defamatory;
10.4.
be sexually explicit or pornographic;
10.5.
be likely to deceive any person or be used to impersonate any person, or
to misrepresent your identity, age or affiliation with any person;
10.6.
use a Posting to solicit responses unconnected with the purpose of Our
Website or the terms proposed by this agreement;
10.7.
request or collect passwords or other personal information from another
user without his permission, nor Post any unnecessary personal information
about yourself;
10.8.
be used to sell any goods or services or for any other commercial use
not intended by us, for you or for any other person. Examples are: sending
private messages with a commercial purpose, or collecting information with the
intention of passing it to a third party for his commercial use;
10.9.
include anything other than words (i.e. you will not include any symbols
or photographs) except for a photograph of yourself in your profile in such
place as we designate;
10.10.
facilitate the provision of unauthorised copies of another person's
copyright work;
10.11.
link to any of the material specified in this paragraph;
10.12.
use distribution lists that include people who have not given specific
permission to be included in such distribution process;
10.13.
send age-inappropriate communications or Content to anyone under the age
of 18.
11.
Your Posting: restricted content
In
connection with the restrictions set out below, we may refuse or edit or remove
a Posting which does not comply with these terms.
In
addition to the restrictions set out above, a Posting must not contain:
11.1.
hyperlinks, other than those specifically authorised by us;
11.2.
keywords or words repeated, which are irrelevant to the Content Posted.
11.3.
the name, logo or trademark of any organisation other than yours.
11.4.
inaccurate, false, or misleading information.
12.
Removal of offensive Content
12.1.
For the avoidance of doubt, this paragraph is addressed to any person
who comes on Our Website for any purpose.
12.2.
We are under no obligation to monitor or record the activity of any user
of Our Website for any purpose, nor do we assume any responsibility to monitor
or police Internet-related activities. However, we may do so without notice to
you and without giving you a reason.
12.3.
If you are offended by any Content, the following procedure applies:
13.3.1
your claim or complaint must be submitted to us in the form available on
Our Website, or contain the same information as that requested in our form. It
must be sent to us by post or email.
13.3.2
we shall remove the offending Content as soon as we are reasonably able;
13.3.3
after we receive notice of a claim or complaint, we shall investigate so
far as we alone decide;
13.3.4
we may re-instate the Content about which you have complained or we may
not.
12.4.
In respect of any complaint made by you or any person on your behalf,
whether using our form of complaint or not, you now irrevocably grant to us a
licence to publish the complaint and all ensuing correspondence and
communication, without limit.
12.5.
You now agree that if any complaint is made by you frivolously or
vexatiously you will repay us the cost of our investigation including legal
fees, if any.
13.
Grant of Licence to use the Vegan Superstore
13.1.
Subject to payment of the licence fee from time
to time, and to the other terms of this agreement, we grant a Licence
to you for eighty years to use the Vegan Superstore App throughout the World.
13.2.
We do
not offer the Licence in all countries. We may refuse or revoke a Licence and
return your payment if you live in a country we do not serve.
13.3.
The Licence is non-exclusive, non-assignable, non-transferable and
otherwise as limited by the terms of this agreement.
13.4. No express or implied licence of the Vegan Superstore App or any other material is granted to you other than the express Licence granted in this agreement.
14.
Restrictions on use of Vegan Superstore App
You
agree that you will not:
14.1.
use the Vegan Superstore App for any purpose beyond
the scope of Licence as is provided in this agreement. These restrictions may
relate to limitations on use, territory, duration, or any other choice which
defines the Vegan Superstore App.
14.2.
reverse engineer, decompile, or disassemble the Software.
14.3.
sub-license, copy or share the Software or the Vegan Superstore App.
14.4.
Copy or Publish the Vegan Superstore App except as
specifically allowed in this agreement.
14.5.
represent or give the impression that you are the owner or originator of Vegan Superstore App.
14.6.
remove any identification or reference number or other information which
may be embedded on Vegan Superstore App.
14.7.
allow any other person to use the Vegan Superstore App except in the situation or context for which you have bought it.
15.
Copying the Vegan Superstore App
15.1.
You may install and use one copy of the Software on a single Device.
15.2.
The primary user of the Device on which the Software is installed may
make a second copy for his or her exclusive use on a portable Device.
15.3.
You must not install the Software on more than two Devices and you must
not use the Software on more than one Device at a time. The Software must not
be used simultaneously on your home Device and on your office Device.
15.4.
You may copy the Vegan Superstore App once for the
purpose of system backup.
16.
Interruption to our Service
16.1.
We give no warranty that our Service will be satisfactory to you.
16.2.
We will do all we can to maintain access to Our Website, but it may be
necessary for us to suspend all or part of our Service for repairs, maintenance
or other reason. We may do so without telling you first.
16.3.
You acknowledge that our Service may also be interrupted for reasons
beyond our control.
16.4.
You agree that we are not liable to you for any loss whether foreseeable
or not, arising as a result of interruption to our Service.
17.
Disclaimers and limitation of liability
17.1.
The law differs from one country to another. This paragraph applies so
far as the applicable law allows.
17.2.
All implied conditions, warranties and terms are excluded from this
agreement.
17.3.
We provide a market place for the supply of Products. We are in no way
responsible for:
18.3.1
your locating and ordering a Product;
18.3.2
your choice of a Product;
18.3.3
any aspect of the provision of the Products;
18.3.4
refund payment for any Product;
18.3.5
any complaint about any Product.
17.4.
Our Website includes Content Posted by Sellers and other third parties.
We are not responsible for any such Posting. If you come across any Content
which offends against this document, please contact us via the “Contact us”
page on Our Website.
17.5.
You are advised that Content may include technical inaccuracies or
typographical errors. We would be grateful if you bring to our immediate
attention, any that you find.
17.6.
Our Website contains links to
other Internet websites. We have neither power nor control over any such
website. You acknowledge and agree that we shall not be liable in any way for
the content of any such linked website, nor for any loss or damage arising from
your use of any such website.
17.7.
We claim no expert knowledge in any subject. We disclaim any obligation
or liability to you arising directly or indirectly from information you take
from Our Website.
17.8.
We shall not be liable to you for any loss or expense which is:
18.8.1
indirect or consequential loss; or
18.8.2
economic loss or other loss of turnover, profits, business or goodwill
even if such loss was reasonably foreseeable or we knew you might incur it.
17.9.
You agree that in any circumstances when we may become liable to you,
the limit of our liability is the amount you have paid the Seller for a Product.
17.10.
This paragraph (and any other paragraph which excludes or restricts our
liability) applies to our directors, officers, employees, subcontractors,
agents and affiliated companies as well as to us.
18.
Indemnity
You
agree to indemnify us against any loss, damage or liability, suffered by us at
any time and arising out of:
18.1.
any act, neglect or default of yours in connection with this agreement
or your use of the Services;
18.2.
your breach of this agreement;
18.3.
your failure to comply with any law;
18.4.
a contractual claim arising from your use of the Services.
19.
Miscellaneous matters
19.1.
If any term or provision of this agreement is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it shall be treated as
changed or reduced, only to the extent minimally necessary to bring it within
the laws of that jurisdiction and to prevent it from being void and it shall be
binding in that changed or reduced form. Subject to that, each provision shall
be interpreted as severable and shall not in any way affect any other of these
terms.
19.2.
The rights and obligations of the parties set out in this agreement
shall pass to any permitted successor in title.
19.3.
No failure or delay by any party to exercise any right, power or remedy
will operate as a waiver of it nor indicate any intention to reduce that or any
other right in the future.
19.4. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
19.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.6.
So far as the law permits, and unless otherwise stated, this agreement
does not give any right to any third party.
19.7.
Neither party shall be liable for any breach of its obligations resulting
from causes beyond its reasonable control including strikes of its own
employees.
19.8.
In the event of any conflict between any term of this agreement and the
provisions of the constitution of a limited company or any comparable document
intended to regulate any other corporate or collective body, then the terms of
this agreement shall prevail.
19.9.
The validity, construction and
performance of this agreement shall be governed by the laws of the State of Victoria and
the parties agree that any dispute arising from it shall be litigated only in
that State.