Terms and Conditions
Agreement for Consumers
- 1. Scope of Services
- 1.1 Services Provided
We provide the following services:
- (a) We will provide a secure mechanism for you to join the ifavourites.com.au system.
- (b) We will provide a secure mechanism for you to elect to receive special offers and discounts from retailers selected by you.
- (c) We will provide a secure mechanism to allow you to be sent special offers and discounts to from only the retailers that you select.
- (d) Special offers and promotions will be sent to you in a single e-mail when your selected retailers update their home page on ifavourites.com.au.
- (e) You can cancel your membership at any time.
- (f) Membership is free.
- 1.2 What We Do Not Provide …
The following are not part of our service:
- (a) We will not provide your personal details to anyone.
- (b) We will not provide you with the personal details of any retailers.
- (c) We take no responsibility for the content you receive from the retailers that you nominate, but we do take steps to ensure that you are not sent inappropriate material. If you come across any illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable material, please contact support@ifavourites.com.au and we will investigate.
- (d) Reasonable care has been taken to ensure that all information is true and correct. However, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the iFavourites staff or third party providers of information. Please contact support@ifavourites.com.au if you believe that there are any errors or omissions.
- (e) Some hyperlinks on our website and in material generated by the ifavourites.com.au system may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and workmanlike manner.
- 1.3 Privacy
- We comply with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although we may not be required to do so, we comply with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. Click here to see our full Privacy Policy at ifavourites.com.au/privacy.
- 1.1 Services Provided
- 2. Your Other Obligations
- You agree to abide by the following obligations:
- (a) You consent to receiving special offers and promotional material from the retailers that you nominate.
- (b) You represent and warrant that all information you supply to us is complete and accurate.
- (c) You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.
- (d) You are responsible for providing and maintaining an accurate and working e-mail address, delivery address and telephone number.
- (e) You agree not to use a false e-mail address.
- (f) You agree that any contract you enter with a retailer is between you and the supplier and we are not responsible for any breach of contract by the retailer. However, if you have a complaint about a retailer, please contact us at support@ifavourites.com.au and we might be able to do something about it, though we make no promises.
- You agree to abide by the following obligations:
- 3. General Terms
- 3.1 Limitations on Liability
- (a) The services we deliver are provided “as is.” If you are considering making a decision based on information delivered to you via the ifavourites.com.au system which may cost you money, it is in your best interest to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.
- (b) iFavourites is a conduit which allows our retail members to offer you special deals and discounts and provide contests for you to enter. If one of our retail members reneges on a deal, discount or contest, or otherwise lets you down, please don’t get angry with us, but feel free to lodge a complaint about the retail member via support@ifavourites.com.au and we will consider suspending or cancelling their membership. By applying to join iFavourites, you acknowledge that iFavourites is not responsible if one of our retail members reneges on a deal or otherwise lets you down and you need to take up the matter with the retail member.
- (c) Access to the ifavourites.com.au system is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained within material associated with, or generated by, the ifavourites.com.au system.
- (d) We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via the ifavourites.com.au system. We assume no liability or responsibility for any errors or omissions in the content of our website or content received via the ifavourites.com.au system. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website or through the associated with the ifavourites.com.au system.
- (e) To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website or through the ifavourites.com.au system, or for any conduct by users of our website or the ifavourites.com.au system.
- (f) In no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not you are advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of anything on our website or associated with the ifavourites.com.au system. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- (g) PLEASE NOTE: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re supply of the defective services, at our option.
- 3.2 Intellectual Property
- (a) All content and data included on our website and within the ifavourites.com.au system, including but not limited to graphics, text, logos, button icons, and software, is our property, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
- (b) Trademarks not owned by us that appear on our website or in material generated by the ifavourites.com.au system are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- (c) Any images of persons or personalities contained on our website or in material generated by the ifavourites.com.au system shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
- 3.3 Complaints
- (a) Please direct complaints about content on our website or material generated by the ifavourites.com.au system to: support@ifavourites.com.au.
- (b) Various graphics, text and links may be provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to support@ifavourites.com.au providing the following information:
- (i) evidence of authority to act on behalf of the owner of the copyright interest;
- (ii) identification of the copyrighted work that you claim has been infringed upon;
- (iii) a description of where the material that you claim is infringing is located on the site;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
- 3.4 Right to Suspend or Terminate Account
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- (i) you breach any of these Terms;
- (ii) we cannot verify or authenticate the registration information you provide;
- (iii) we, in our absolute discretion, decide that you have ceased to use your account; or
- (iv) we decide to cease providing our service.
- (b) You may terminate your account at any time by giving us notice in writing to support@ifavourites.com.au.
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- 3.5 Contests
- (a) Apple is not a sponsor nor is involved in any of the contests listed in this app in any manner.
- 3.6 Miscellaneous Provisions
- (a) Notices may be given to you at your last known address or e-mail address. Notices to us can be sent to support@ifavourites.com.au.
- (b) This Agreement will be governed by and construed according to the law of Western Australia and the parties consent to the exclusive jurisdiction of the State of Western Australia in respect of any litigation that might arise in relation to our website.
- (c) If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
- 3.7 Contact
Please contact support@ifavourites.com.au if you have a question or concern about these Terms.
- 3.1 Limitations on Liability
Agreement for Retailers
- 1. Scope of Services
- 1.1 Services Provided
We provide the following services:
- (a) After checking to ensure that you represent a bona fide Australian retail business, we will activate your business account electronically to allow you to gain access to the ifavourites.com.au system.
- (b) We will provide a mechanism for you to easily invite your own customers to join the ifavourites.com.au system (“Signed-Up Consumers”).
- (c) We will provide a secure mechanism for your customers to join the ifavourites.com.au system.
- (d) We will provide a secure mechanism for your customers to elect to receive special offers and discounts from you.
- (e) We will provide a secure mechanism to allow you to send special offers and discounts to your Signed-Up Consumers.
- (f) We will provide you with various statistics and information, including the total number of Signed-Up Consumers that have elected to receive special offers and promotions from you.
- 1.2 What We Do Not Provide …
We do not provide the following:
- (a) We will not provide you with the personal details of any Signed-Up Consumers.
- (b) Your promotions will not be sent on their own, but instead will be sent together with promotions from other retailers.
- (c) We take no responsibility for the content you post in the ifavourites.com.au system in relation to your promotions, but we reserve the right to remove or edit any material posted in the ifavourites.com.au system, at our sole discretion.
- (d) Reasonable care has been taken to ensure that all information is true and correct. However, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the iFavourites staff or third party providers of information. Please contact support@ifavourites.com.au if you believe that there are any errors or omissions.
- (e) Some hyperlinks on our website and in material generated by the ifavourites.com.au system may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and workmanlike manner.
- 1.3 Privacy
- We comply with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although we may not be required to do so, we comply with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. Click here to see our full Privacy Policy at ifavourites.com.au/privacy.
- 1.1 Services Provided
- 2. Fee Schedule
- 2.1 There are currently no fees for members using iFavourites.
- 2.2 Members will be provided with reasonable notice as to when iFavourites intends to commence charging fees.
- 2.3 iFavourites will notify members as to the amount of fees that will be changed.
- 2.4 Fees will need to increase from time to time because:
- (a) there will be continual developments in software and upgrading;
- (b) the software needs to be maintained;
- (c) there may be an increase in the number of developers that ifavourites.com.au require;
- (d) hosting charges may increase;
- (e) of an increase in our hardware base as more members use ifavourites.com.au; and
- (f) of software licensing increases as more members use ifavourites.com.au.
- 2.5 Any increase each year will occur on or about 1 July. Fees will not increase by more than 5% or the CPI for the previous calendar year (i.e. the Consumer Price Index All Groups, All Capital Cities, as published by the Australian Bureau of Statistics – see www.abs.gov.au)
- 3. Your Other Obligations
- You agree to abide by the following obligations:
- (a) You consent to your details being made available to the suppliers that you nominate as being suppliers to your business so that they can send you special offers and promotions to forward to your Signed-up Consumers.
- (b) You acknowledge that each supplier that you nominate needs to confirm to us that you are actually supplied by them.
- (c) You consent to us performing credit reference and other checks to ensure that you are a legitimate Australian retail business.
- (d) You represent and warrant that all information you supply to us is complete and accurate.
- (e) You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.
- (f) You are responsible for providing and maintaining an accurate and working e-mail address, delivery address and telephone number.
- (g) In relation to the ifavourites.com.au system, you agree not to upload, post, email, or otherwise send or transmit any material that:
- (i) contains software viruses, Trojan horses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content;
- (ii) is illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users;
- (iii) infringes any third party’s rights, be it copyright or other rights; or
- (iv) promotes or engages in pyramid schemes, chain letters, junk mail, spamming or flaming using our services.
- (h) You agree not to interfere in any way with the servers or networks associated with the ifavourites.com.au system, or to violate any of the procedures, policies, or regulations of networks associated with the ifavourites.com.au system, the terms of which are incorporated on our website from time to time.
- (i) You agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using our website or the ifavourites.com.au system or use our website or the ifavourites.com.au system for any unlawful purpose.
- (j) You agree not to use a false e-mail address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.
- (k) You agree to indemnify us and agree to keep us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agent indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents by reason of any breach or non performance by you of any of these Terms.
- (l) You may not assign or transfer your rights under this agreement to anyone.
- You agree to abide by the following obligations:
- 4. General Terms
- 4.1 Limitations on Liability
- (a) The services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, it is in your best interest to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.
- (b) Access to the ifavourites.com.au system is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained within material associated with, or generated by, the ifavourites.com.au system. If we cease operation altogether, you will be entitled to a pro rata refund of your annual licence fee.
- (c) We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via the ifavourites.com.au system. We assume no liability or responsibility for any errors or omissions in the content of our website or content received via the ifavourites.com.au system. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website or the ifavourites.com.au system. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website or within material associated with, or generated by, the ifavourites.com.au system.
- (d) To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website or through the ifavourites.com.au system, or for any conduct by users of our website or the ifavourites.com.au system.
- (e) In no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not you are advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of anything on our website or associated with the ifavourites.com.au system. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- (f) PLEASE NOTE: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.
- 4.2 Intellectual Property
- (a) All content and data included on our website and within the ifavourites.com.au system, including but not limited to graphics, text, logos, button icons, and software, is our property, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
- (b) Trademarks not owned by us that appear on our website or in material generated by the ifavourites.com.au system are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- (c) Any images of persons or personalities contained on our website or in material generated by the ifavourites.com.au system shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
- 4.3 Complaints
- (a) Please direct complaints about content on our website or material generated by the ifavourites.com.au system to: support@ifavourites.com.au.
- (b) Various graphics, text and links may be provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to support@ifavourites.com.au providing the following information:
- (i) evidence of authority to act on behalf of the owner of the copyright interest;
- (ii) identification of the copyrighted work that you claim has been infringed upon;
- (iii) a description of where the material that you claim is infringing is located on the site;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
- 4.4 Right to Suspend or Terminate Account
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- (i) you have not paid your account by the due date;
- (ii) you otherwise breach these Terms;
- (iii) we cannot verify or authenticate the registration information you provide;
- (iv) we, in our absolute discretion, decide that you have ceased to use your account; or
- (v) we decide to cease providing our service.
- (b) You may terminate your account at any time by giving us notice in writing to support@ifavourites.com.au, but you will not be entitled to a refund of your annual licence fee if you do.
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- 4.5 Miscellaneous Provisions
- (a) Notices may be given to you at your last known address or e-mail address. Notices to us can be sent to support@ifavourites.com.au.
- (b) This Agreement will be governed by and construed according to the law of Western Australia and the parties consent to the exclusive jurisdiction of the State of Western Australia in respect of any litigation that might arise in relation to our website.
- (c) If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
- 4.6 Contact
Please contact support@ifavourites.com.au if you have a question or concern about these Terms.
- 4.1 Limitations on Liability
Agreement for Suppliers
- 1. Scope of Services
- 1.1 Services Provided
We provide the following services:
- (a) After checking to ensure that you represent a bona fide Australian supplier business, we will activate your business account electronically to allow you to gain access to the ifavourites.com.au system.
- (b) We will provide a mechanism for you to easily invite your retail customers to join the ifavourites.com.au system.
- (c) We will provide a secure mechanism for your retail customers to join the ifavourites.com.au system.
- (d) We will provide a secure mechanism for your retail customers to elect to receive special offers and discounts from you.
- (e) We will provide a secure mechanism to allow you to send special offers and discounts to:
- (i) all your retail customers; or
- (ii) specifically selected subsets of your retail customers (“Retailer Groups”).
- (f) We will provide a secure mechanism to allow your retail customers to forward your special offers and discounts to the consumers who have signed up to the ifavourites.com.au system and nominated one of your retail customers as a retailer from whom they are happy to received special offers and discounts (“Signed-Up Consumers”) and have them delivered electronically to your Retail Customer’s Signed Up Consumers.
- (g) We will provide you with various statistics and information, including:
- (i) the names and total number of the retail customers that have nominated you as their supplier;
- (ii) the total number of your retail customers’ Signed-Up Consumers, so that you know how many Signed-Up Consumers can potentially receive your promotions; and
- (iii) the name and total number of retail customers who are in your different Retailer Groups.
- 1.2 What We Do Not Provide …
We do not provide the following services, which are your responsibility:
- (a) We will not provide you with the personal details of any Signed-Up Consumers.
- (b) Your promotions will not be sent on their own, but will be sent with promotions from other suppliers.
- (c) We take no responsibility for the content you post in the ifavourites.com.au system in relation to your promotions. However, we reserve the right to remove or edit any material posted in the ifavourites.com.au system, at our sole discretion.
- (d) Reasonable care has been taken to ensure that all information is true and correct. However, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the iFavourites staff or third party providers of information. Please contact support@ifavourites.com.au if you believe that there are any errors or omissions.
- (e) Some hyperlinks on our website and in material generated by the ifavourites.com.au system may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and workmanlike manner.
- 1.3 Privacy
- We comply with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although we may not be required to do so, we comply with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. Click here to see our full Privacy Policy at ifavourites.com.au/privacy.
- 1.1 Services Provided
- 2. Fee Schedule
You will have access to the ifavourites.com.au system at no cost. - 3. Your Other Obligations
- You agree to abide by the following obligations:
- (a) You consent to your details being made available to your retail customers so that they can take advantage of your special offers and promotions.
- (b) You must check each retail customer that claims to be a customer of yours to ensure that they actually are a customer of yours and confirm with us using the mechanism provided within the ifavourites.com.au system to confirm that they are a retail customer of yours, and if they are not, either:
- (i) immediately sign them up electronically as a customer; or
- (ii) reject them as being a legitimate customer of yours using the mechanism provided within the ifavourites.com.au system.
- (c) You consent to us performing credit reference and other checks to ensure that you are a legitimate Australian supplier business.
- (d) You represent and warrant that all information you supply to us is complete and accurate.
- (e) You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.
- (f) You are responsible for providing and maintaining an accurate and working e-mail address, delivery address and telephone number.
- (g) In relation to the ifavourites.com.au system, you agree not to upload, post, email, or otherwise send or transmit any material that:
- (i) contains software viruses, Trojan horses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content;
- (ii) is illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users;
- (iii) infringes any third party’s rights, be it copyright or other rights; or
- (iv) promotes or engages in pyramid schemes, chain letters, junk mail, spamming or flaming using our services.
- (h) You agree not to interfere in any way with the servers or networks associated with the ifavourites.com.au system, or to violate any of the procedures, policies, or regulations of networks associated with the ifavourites.com.au system, the terms of which are incorporated on our website from time to time.
- (i) You agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using our website or the ifavourites.com.au system or use our website or the ifavourites.com.au system for any unlawful purpose.
- (j) You agree not to use a false e-mail address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.
- (k) You agree to indemnify us and agree to keep us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agent indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents by reason of any breach or non performance by you of any of these Terms.
- (l) You may not assign or transfer your rights under this agreement to anyone.
- You agree to abide by the following obligations:
- 4. General Terms
- 4.1 Limitations on Liability
- (a) The services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, it is in your best interest to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.
- (b) Access to the ifavourites.com.au system is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained within material associated with the ifavourites.com.au system.
- (c) We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via our website or the ifavourites.com.au system. We assume no liability or responsibility for any errors or omissions in the content of our website or the content received via the ifavourites.com.au system. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website or the ifavourites.com.au system. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website or within material associated with, or generated by, the ifavourites.com.au system.
- (d) To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website or through the ifavourites.com.au system, or for any conduct by users of our website or the ifavourites.com.au system.
- (e) In no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not you are advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of anything on our website or associated with the ifavourites.com.au system. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- (f) PLEASE NOTE: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.
- 4.2 Intellectual Property
- (a) All content and data included on our website and within the ifavourites.com.au system, including but not limited to graphics, text, logos, button icons, and software, is our property, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
- (b) Trademarks not owned by us that appear on our website or in material generated by the ifavourites.com.au system are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- (c) Any images of persons or personalities contained on our website or in material generated by the ifavourites.com.au system shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
- 4.3 Complaints
- (a) Please direct complaints about content on our website or material generated by the ifavourites.com.au system to: support@ifavourites.com.au.
- (b) Various graphics, text and links may be provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to support@ifavourites.com.au providing the following information:
- (i) evidence of authority to act on behalf of the owner of the copyright interest;
- (ii) identification of the copyrighted work that you claim has been infringed upon;
- (iii) a description of where the material that you claim is infringing is located on the site;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
- 4.4 Right to Suspend or Terminate Account
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- (i) you breach these Terms;
- (ii) we cannot verify or authenticate the registration information you provide;
- (iii) we, in our absolute discretion, decide that you have ceased to use your account; or
- (iv) we decide to cease providing our service.
- (b) You may terminate your account at any time by giving us notice in writing to support@ifavourites.com.au, but you will not be entitled to a refund of your annual licence fee if you do.
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- 4.5 Miscellaneous Provisions
- (a) Notices may be given to you at your last known address or e-mail address. Notices to us can be sent to support@ifavourites.com.au.
- (b) This Agreement will be governed by and construed according to the law of Western Australia and the parties consent to the exclusive jurisdiction of the State of Western Australia in respect of any litigation that might arise in relation to our website or the ifavourites.com.au system.
- (c) If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
- 4.6 Contact
Please contact support@ifavourites.com.au if you have a question or concern about these Terms.
- 4.1 Limitations on Liability
Agreement for Buying Groups
- 1. Scope of Services
- 1.1 Services Provided
We provide the following services:
- (a) After checking to ensure that you represent a bona fide Australian buying group business, we will activate your business account electronically to allow you to gain access to the ifavourites.com.au system.
- (b) We will provide a mechanism for you to easily invite your retail members to join the ifavourites.com.au system.
- (c) We will provide a secure mechanism for your retail members to join the ifavourites.com.au system.
- (d) We will provide a secure mechanism for your retail members to elect to receive special offers and discounts from you.
- (e) We will provide a secure mechanism to allow you to send special offers and discounts to:
- (i) all your retail members; or
- (ii) specifically selected subsets of your retail members (“Member Groups”).
- (f) We will provide a secure mechanism to allow your retail members to forward your special offers and discounts to the consumers who have signed up to the ifavourites.com.au system and nominated one of your retail members as a retailer from whom they are happy to received special offers and discounts (“Signed-Up Consumers”) and have them delivered electronically to your Retail Member’s Signed Up Consumers.
- (g) We will provide you with various statistics and information, including:
- (i) the names and total number of the retail members that have nominated you as their buying group;
- (ii) the total number of your retail members’ Signed-Up Consumers, so that you know how many Signed-Up Consumers can potentially receive your promotions; and
- (iii) the name and total number of retail members who are in your different Member Groups.
- 1.2 What We Do Not Provide …
The following are not part of our service:
- (a) We will not provide you with the personal details of any Signed-Up Consumers.
- (b) Your promotions will not be sent on their own, but will be sent with promotions from other suppliers.
- (c) We take no responsibility for the content you post in the ifavourites.com.au system in relation to your promotions, but we reserve the right to remove or edit any material posted in the ifavourites.com.au system, at our sole discretion.
- (d) Reasonable care has been taken to ensure that all information is true and correct. However, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the iFavourites staff or third party providers of information. Please contact support@ifavourites.com.au if you believe that there are any errors or omissions.
- (e) Some hyperlinks on our website and in material generated by the ifavourites.com.au system may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and workmanlike manner.
- 1.3 Privacy
- We comply with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although we may not be required to do so, we comply with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. Click here to see our full Privacy Policy at ifavourites.com.au/privacy.
- 1.1 Services Provided
- 2. Fee Schedule
You will have access to the ifavourites.com.au system at no cost. - 3. Your Other Obligations
- You agree to abide by the following obligations:
- (a) You consent to your details being made available to your retail members so that they can take advantage of your special offers and promotions.
- (b) You must check each retail member that claims to be a member of yours to ensure that they actually are a member of yours and confirm with us using the mechanism provided within the ifavourites.com.au system to confirm that they are a retail member of yours, and if they are not, either:
- (i) immediately sign them up electronically as a member; or
- (ii) reject them as being a legitimate member of yours using the mechanism provided within the ifavourites.com.au system.
- (c) You consent to us performing credit reference and other checks to ensure that you are a legitimate Australian buying group business.
- (d) You represent and warrant that all information you supply to us is complete and accurate.
- (e) You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password.
- (f) You are responsible for providing and maintaining an accurate and working e-mail address, delivery address and telephone number.
- (g) In relation to the ifavourites.com.au system, you agree not to upload, post, email, or otherwise send or transmit any material that:
- (i) contains software viruses, Trojan horses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content;
- (ii) is illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users;
- (iii) infringes any third party’s rights, be it copyright or other rights; or
- (iv) promotes or engages in pyramid schemes, chain letters, junk mail, spamming or flaming using our services.
- (h) You agree not to interfere in any way with the servers or networks associated with the ifavourites.com.au system, or to violate any of the procedures, policies, or regulations of networks associated with our website or the ifavourites.com.au system, the terms of which are incorporated on our website from time to time.
- (i) You agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using our website or the ifavourites.com.au system or use our website or the ifavourites.com.au system for any unlawful purpose.
- (j) You agree not to use a false e-mail address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.
- (k) You agree to indemnify us and agree to keep us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agent indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents by reason of any breach or non performance by you of any of these Terms.
- (l) You may not assign or transfer your rights under this agreement to anyone.
- You agree to abide by the following obligations:
- 4. General Terms
- 4.1 Limitations on Liability
- (a) The services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, it is in your best interest to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.
- (b) Access to the ifavourites.com.au system is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained within material associated with, or generated by, the ifavourites.com.au system.
- (c) We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via the ifavourites.com.au system. We assume no liability or responsibility for any errors or omissions in the content of our website or content received via the ifavourites.com.au system. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website or the ifavourites.com.au system. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website or within material associated with, or generated through the ifavourites.com.au system.
- (d) To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website or through the ifavourites.com.au system, or for any conduct by users of our website or the ifavourites.com.au system.
- (e) In no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not you are advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of anything on our website or associated with the ifavourites.com.au system. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- (f) PLEASE NOTE: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.
- 4.2 Intellectual Property
- (a) All content and data included on our website and within the ifavourites.com.au system, including but not limited to graphics, text, logos, button icons, and software, is our property, or its suppliers and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
- (b) Trademarks not owned by us that appear on our website or in material generated by the ifavourites.com.au system are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- (c) Any images of persons or personalities contained on our website or in material generated by the ifavourites.com.au system shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
- 4.3 Complaints
- (a) Please direct complaints about content on our website or material generated by the ifavourites.com.au system to: support@ifavourites.com.au.
- (b) Various graphics, text and links may be provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to support@ifavourites.com.au providing the following information:
- (i) evidence of authority to act on behalf of the owner of the copyright interest;
- (ii) identification of the copyrighted work that you claim has been infringed upon;
- (iii) a description of where the material that you claim is infringing is located on the site;
- (iv) your address, telephone number, and e-mail address;
- (v) a statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
- 4.4 Right to Suspend or Terminate Account
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- (i) you breach these Terms;
- (ii) we cannot verify or authenticate the registration information you provide;
- (iii) we, in our absolute discretion, decide that you have ceased to use your account; or
- (iv) we decide to cease providing our service.
- (b) You may terminate your account at any time by giving us notice in writing to support@ifavourites.com.au, but you will not be entitled to a refund of your annual licence fee if you do.
- (a) We reserve the right to suspend or terminate your account, or the use of our services without notice, at our sole discretion, but we will terminate your account if:
- 4.5 Miscellaneous Provisions
- (a) Notices may be given to you at your last known address or e-mail address. Notices to us can be sent to support@ifavourites.com.au.
- (b) This Agreement will be governed by and construed according to the law of Western Australia and the parties consent to the exclusive jurisdiction of the State of Western Australia in respect of any litigation that might arise in relation to our website or the ifavourites.com.au system.
- (c) If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
- 4.6 Contact
Please contact support@ifavourites.com.au if you have a question or concern about these Terms.
- 4.1 Limitations on Liability