Terms & Conditions

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GENERAL

Welcome to the Club Shopper website at http://clubshopper.com.au (“Site“). This website is owned and operated by Club Shopper Group ABN 61 925 271 269, its successors and assignees.
The term “us”, “our” or “we” refers to Associated Brands Corporation Proprietary Limited and trading as Club Shopper. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.
These Terms and Conditions (“Site Terms of Use“) apply to anyone using our Site including but not limited to browsing, selecting and ordering products from the selection of retail stores (“Suppliers“) on our Site (“our Services“). Our Site Terms of Use govern the relationship between us and you in connection with the use of this Site. Please read these Site Terms of Use carefully. By using our Site and our Services, you warrant that:

  • you have had sufficient opportunity to access the Site Terms of Use;
  • you agree to comply with and be bound by our Site Terms of Use;
  • you acknowledge that our Suppliers’ website terms and conditions may differ substantially from our Site Terms of Use; and
  • you have legal capacity and are 18 years or older.

If you do not agree to the Site Terms of Use, do not use our Site and/or Our Services.
In accordance with the Spam Act 2003, we will only send commercial electronic messages with the addressee’s expressed or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly

YOUR ACCOUNT SET-UP, SECURITY AND MAINTENANCE IN THIS SITE AND IN THIRD PARTIES’ WEBSITES

You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. Failure to do so is a breach of this Site Terms of Use and we reserve the right to terminate access immediately.

To use our Services or purchase any products via the Site, you must activate your account.

In order to activate your account, you must follow the link on your registration email sent to you by Club Shopper. Your would only have received an activation email if your club has provided us with your details. Please contact your club directly to confirm this or contact Club Shopper for assistance on info@clubshopper.com.au.

You warrant that the details you provide to us are accurate and correct and you accept the responsibility that fulfilment of your order is predicated on the information you have provided to us is correct at the time of ordering.

Users under the age of 18 should get the assistance of a parent or guardian to use this Site

For privacy and security reasons, We are unable to lookup passwords to account holders but are able to reset passwords once your identity has been verified via the Reset password link on the Site.

You must contact us immediately if you believe someone else has access to your Account.

We may use third-party software to verify your account or account details.

We reserve the right to modify or terminate your accounts and/or orders where the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period, or we have not been able to contact you using the information provided with your account and/or where we believe your account is being used for purposes that do not comply with this Site Terms of Use.

Where third-party services in conjunction with this Site are used, including secure payment options for purchasing products from the Site, you may also be required to create and maintain a separate account that may include personal and financial account details. You must comply with the terms of use with these third-party websites.

Non-compliance with these third-party websites may limit your ability to order or be provided with products in conjunction with your purchase.

SECURITY OF THIS SITE

This Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation,

  1. accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
  2. using the Site for unintended purposes or trying to change the behaviour of this Site;
  3. attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
  4. attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or
  6. forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Us, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Us or generally publicly available browsers.

COPYRIGHT AND INTELLECTUAL PROPERTY

Unless expressly indicated to the contrary, we own copyright in all texts, graphics, layouts, media and data (“Material“) on this Site. You must not use, copy, modify, transmit or distribute any Material on this Site except as indicated below or as permitted under the Copyright Act 1968 (Cth), or applicable laws and regulations.

You acknowledge that you do not acquire any ownership rights by downloading Material from this Site. You may reproduce in whole or in part only if the reproduction is not for public or commercial purposes and you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you attribute us as the copyright owner or licensee of the work. You must obtain our written permission for any reporduction for public or commercial use and/or modifications.

TRADEMARK

The Club Shopper logo is a registered trademark of us and may be displayed on third party’s website and including our Suppliers’ website or any advertisement or distribution materials. Other trademarks may be displayed on this Site from time to time which belong to third parties.

PRIVACY AND YOUR EMAIL ADDRESS

We agree to comply with the legal requirements of the Australian privacy principles as set out in the Privacy Act 1988 (Cth) and we endeavour to protect confidential information from any unauthorised disclosure and only to use this information for the purpose for which it was disclosed.

You acknowledge that we are able to send you electronic mail when you use this Site or our Suppliers’ websites and receive electronic mail from you. You consent to release us from any claims you may have as a result of any unauthorised copying, recording, reading or interference with that electronic mail or information after transmission, for any delay or non-delivery and for any damage caused to your system or any files by a transfer made.

You consent us to providing information including personal information and confidential information to the extent permitted by law to related bodies and third parties including but not limited to contractors and sub-contractors who assist us in providing information and services to you.

COOKIES

Our site contains cookies. A cookie is a small text file that is placed on your computer’s hard drive from our Site. They record your preferences in relation to your use of a site and provide us with other information about your enquiry that allows us to recognise you when you return to our Site and analyse web traffic.

You may choose to accept or decline cookies on your browser. This may prevent you from taking full advantage of this Site.
We may also use web beacons on this Site from time to time, Web beacons or clear .gif are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page.

SPAM

As part of our commitment to maintaining your privacy Club Shopper does not condone or encourage spam.

In accordance with the Spam Act 2003, we will only send commercial electronic messages with the addressee’s expressed or inferred consent to receive it.We will attend to all requests to unsubscribe from SPAM as soon as we can.

YOUR CONTENT SUBMISSIONS

We appreciate any product reviews, information or material submitted to the Website (“content submissions“). All content submissions sent to us will be deemed non-confidential and you grant us an irrevocable and unrestricted license to use the content submissions in any manner in our absolute discretion.
You must not use this Website to:

  1. Make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
  2. Interfere with other users or prevents any other person from using or enjoying this Site;
  3. Defame, harass, threaten or offend any person;
  4. Make fraudulent or speculative enquiries, purchases or requests; and
  5. Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings.

Content submissions made to this Site are not guaranteed publication or application. We reserve the right to:

  1. Reject, ignore or refuse any content submissions; and
  2. Investigate and verify the validity of content submissions, including the identity, age, employer, and place of residence made of any person making content submissions to this Site.

NOTIFYING US OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted material may have been infringed, please provide us with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and if available, an e-mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LINKS FROM THIS SITE

This Site contains links to other sites operated by third-parties, including but not limited to third-party sites and our Suppliers that display Our trademarks (“Third-Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites only.

We do not take responsibility for the content in, or currency of, any Third-Party Sites and your losses from the use of these sites. Endoresement of the Third-Party Sites is not implied and it does not suggest any relationship with, representation or warranty of the Third-Party Sites.

We put you on notice to review the conditions of use for all Third-Party Sites relating to the terms and conditions that apply to your use of Third-Party Sites.

AMENDMENTS TO SITE TERMS OF USE

We reserve the right to amend in any way in our discretion the Site Terms of Use and under which our Services are offered, including but not limited to the costs associated with the use of this Site, our Services and our refund and account maintenance policy, without notice to you.

You agree that by continuing to use this Site and our Services after the date of any amendment(s) to our Site Terms of Use, you are agreeing to the relevant amendments.

ERRORS ON OUR SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the absolute right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

PRODUCT DISPLAY/COLOURS

The Site attempts to display product images shown on the Site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

CONSUMER GUARANTEES, DELAY AND REFUND POLICY

Certain legislation including the Australian Consumer Law (“ACL“) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and this Site Terms of Use.

If you are a consumer as defined in the ACL, the following applies to you: We warrant that our services are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring our Services, unless we consider and disclose that this purpose is not achievable; and our Services will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying our Services to you, or, at our option, us refunding to you the amount you have paid us for our Services to which your claim relates.

Tha guarantee does not extend to third -party services but we will assist you with mediating with the Supplier to provide refunds pursuant to the Competition and Consumer Act 2010 (Cth) to the extent the products you purchased:

  1. Are not of merchantable quality;
  2. Are not fit for its purpose; and
  3. Do not match the sample.

Where the provision of our Services depends on your information or response, we have no liability for a failure to perform our Services in an estimated period which is affected by your delay in response, negligence, incomplete or incorrect information.

DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY

Save for the warranty contained under the heading Consumer Guarantee, Delay and Refund Policy above, we make no warranties or representations about this Site or any of its content. The information contained on this website is intended for general information only and should not be considered to be complete or definitive.

To the extent permitted by law, we are not responsible to you or anyone else for any damages of any kind, including but not limited to, any direct or consequential loss and losses resulting from any links from our Site, security failure, disclosure of confidential information by other parties or the transmission of a computer virus including trojan horses and worms, suffered in connection with the use of this Site whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise, even if we are informed in advance of the possibility of such damages.

By using this Site, you agree to indemnify us for all costs and any loss or liability arising out of your use. Use of this Site is at your own risk and you assume full responsibility, costs and risk of loss resulting from your downloading, use of, or access to data, files, information, or other material on or through this Site. Our aggregate liability to you for any other losses resulting from the use of this Site is limited to the nominal amount of $1.
We and our employees, agents, third-party providers, contractors, sub-contractors, licensors or the like do not warrant that use of the Site will be uninterrupted or error-free.

We do not warrant the accuracy, integrity or completeness of the content provided on this Site or Third-Parties’ websites.

No oral advice or written information given by us shall create a warranty.

Should we suffer any damage as a result of a transaction entered into by a minor, compensation will be sought from parents or legal guardians of the minor.
The obligations hereinunder will survive termination of this Site Terms of Use.

DELIVERY

This Site is designed for Australian customers. International users are welcome on the condition that purchases are made for an individual who is currently residing in Australia and the Goods purchased can be picked up from the Supplier Store of purchase.

NOTICES, FEEDBACK AND DISPUTE RESOLUTION

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at:
Email: info@clubshopper.com.au

If there is a dispute between the Parties in relation to this Site Terms of Use, the Parties agree to the following dispute resolution procedure:

(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (“Initial Meeting”).

(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator reasonably acceptable to the Parties. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Site Terms of Use, by law or in equity.

SEVERANCE

If any provision (or part of it) of the Site Terms of Use is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of the Site Terms of Use cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the Site Terms of Use and the remaining provisions (and remaining part of the provision) of the the Site Terms of Use are valid and enforceable.

JURISDICTION AND GOVERNING LAW

This Site Terms of Use is governed and construed in accordance with the laws of Australia in the State of Victoria and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the State of Victoria.

LAST UPDATED: 1 June 2017

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