General Terms and Conditions
VENDU WEBSITE USER TERMS & CONDITIONS

  1. INTRODUCTION

 

1.1 Legally binding agreement

These terms and conditions form an agreement between you and Vendu.

1.2 You are bound by this agreement

By accessing our Website you agree to be bound by the terms of Agreement and any modifications.

1.3 Agreement may be amended

We may amend this Agreement at any time. Any change will be effective immediately upon publishing of the amended Agreement on our Website. You should revisit this Agreement regularly as revised versions will be binding on you. This Agreement was last updated on 11 March 2015.

 

  1. DEFINITIONS

 

2.1 Defined terms

In this Agreement, unless the context requires otherwise:

“Account” means a Business Account, Staff Account, User Account or a combination thereof as the context may require.

“Agreement” means these terms and conditions and any amendments hereto.

“Business Account” means an account on our Website used by a business.

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.

“Content Guidelines” means our content guidelines as published from time to time on our Website.

“Country” means the Commonwealth of Australia.

“Currency” means Australian dollars.

“Intellectual Property” means the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered.

“Jurisdiction” means the State of Queensland in the Commonwealth of Australia.

“Member” means a registered User of our Website or App.

 “Staff Account” means an account on our Website used by a member of staff of a business.

“Third Party Link” means a link on our Website to third party websites or resources, or Content created or provided by third parties.

“User Account” means an account on our Website that is used by a member of the public for the purpose of reviewing businesses and their staff.

“User Content” means Content that Users submit or transmit to the Website.

“Vendu” or “our” or “we” or “us” means Vendu Pty Ltd ACN 602 764 554.

“Vendu Content” means Content that we create and make available on the Website.

“Website” means www.vendu.com.au and any mobile application we deploy.

“Website Content” means all of the Content available on the Website including Vendu Content, Your Content, User Content and Third Party Links.

“You” or “User” means you the user of our Website.

“Your Content” means Content that you submit or transmit to the Website, such as ratings, reviews, messages and information that you publicly display or is displayed in your Account profile.

2.2 Headings are for convenience

In this Agreement, headings are provided for convenience only and do not form part of the Agreement.

 

  1. USE OF THE APP

 

3.1 At least 18 years of age

To use our Website you must be aged 18 years or over. Should we suffer any loss or damage as a result of the use of our Website by a minor, we reserve the right to take legal action to seek compensation for such losses from the parents or guardians of the minor who used our Website.

3.2 Licence to use the Website

Subject to these terms and conditions, along with the related terms and conditions mentioned herein, Vendu grants you a non-exclusive, non-transferable licence to access the Website. This licence terminates automatically if you violate any of these terms and conditions or your use of this Website generates traffic which exceeds Vendu’s expected traffic levels or otherwise interferes with or degrades the performance of the Website or the Website.

3.3 Must use the provided interface

You agree to not access, or attempt to access, any part of the Website by any means other than through the interface provided by us.

3.4 Must not interfere with the Website

You agree to not engage in any activity that interferes or disrupts the Website or the servers hosting the Website. You may not use screen scraping, reverse engineering, data mining, robots or similar data gathering tools on the Website except with our prior written consent.

3.5 Must not interfere with security features

You agree not to, nor attempt to, circumvent, disable or otherwise interfere with any security features of the Website including features designed to protect our Intellectual Property.

3.6 Website may change

We reserve the right to change our Website at any time. We may stop providing access to the Website to you at our discretion and without prior notice to you.

 

  1. REGISTRATION AND ACCOUNTS

 

4.1 Accounts

You are not required to register an Account in order to access our Website. However, in order to use some parts of our Website you are required to create an Account.

4.2 Information required to register

In order to register an Account, you will need to provide personal information. In doing so, you agree to provide accurate information and to keep this information current. Our use of the supplied personal information will be in accordance with our Privacy Policy available on our Website. We reserve the right to validate any information you provide to us as part of the registration process. We may display your first name and the first letter of your surname on our Website.   You agree to provide accurate information about yourself and to not impersonate someone else.

4.3 Keep password secure

You agree to keep your password secure and confidential. You must immediately notify us if your password is no longer secure or if you become aware of any unauthorised use of your Account.

4.4 Responsibility for Account

You are solely responsible for any activity that takes place using your Account and you may not use another user’s Account without that user’s express permission.

4.5 Cancellation of Account

We reserve the right to decline the new registration of an Account or to cancel an account registration for any reason at any time. In the event of cancellation, your Account will be removed from public viewing but your data may be continued to be stored by Vendu.

 

  1. YOUR CONTENT

 

5.1 Your responsibility for Your Content

You are solely responsible for Your Content and once published it may not be possible to withdraw Your Content. You assume all risks associated with Your Content, including any person’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in Your Content that makes you or any other person personally identifiable. You represent that you own, or have the necessary permissions to use and authorise the use of Your Content as described in this Agreement. You may not imply that Your Content is in any way sponsored or endorsed by Vendu.

5.2 Potential liability for Your Content

By publishing Your Content, you accept that you may expose yourself to liability if Your Content contains material that is:

  1. false, intentionally misleading or defamatory;
  2. violates any third-party right, including any Intellectual Property, privacy right, right of publicity or any other intellectual property or proprietary right;
  3. contains material that is unlawful or discriminatory, including illegal hate speech or pornography;
  4. exploits or otherwise harms minors; or
  5. violates or advocates the violation of any law or regulation.

5.3 Our use of Your Content

You agree that we may use Your Content in a number of ways, including publicly displaying it, reformatting and modifying it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media (“Other Media“). Accordingly, you irrevocably grant us a world-wide, non-exclusive, royalty-free, sub-licensable, transferable licence to use Your Content for any purpose. You also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Vendu and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate and create derivative works of Your Content.

5.4 Ownership of Content

You own Your Content. We own the Vendu Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of our Website excluding Your Content, User Content and Third Party Links. We also own the Intellectual Property associated with the Vendu Content and our Website. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Vendu Content in whole or in part except as expressly authorised by us. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to our Website and the Vendu Content are retained by us.

5.5 Disclaimer

User Content does not necessarily reflect the opinion of Vendu. We reserve the right to remove, edit, or reinstate User Content from time to time, at our sole discretion, for any reason and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

 

  1. YOUR OBLIGATIONS

 

6.1 No use contrary to this agreement

You agree not to use or permit anyone to use our Website:

  1. in a manner contrary to this Agreement;
  2. to carry out any activity or send or receive any material which is fraudulent, technically harmful (such as computer viruses, denial of service attacks, sending of unsolicited email, worms, Trojan horses or malicious software), criminal, threatening, offensive, indecent, defamatory, in contempt of court or in breach of any third party rights including but not limited to copyright and privacy;
  3. for a purpose for which it was not designed or intended to be used;
  4. to violate our Content Guidelines;
  5. to violate any third party’s rights, including any breach of Intellectual Property, right of privacy, right of publicity or any other intellectual property or proprietary right;
  6. to threaten, incite, stalk, harm or harass others including to promote bigotry or discrimination;
  7. promote a commercial activity other than through the use of a Business Account; or
  8. to violate any applicable law.

 

  1. SUSPENSION AND TERMINATION

 

7.1 Suspension or termination of use

If you or someone using your Account uses our Website in a manner contrary to this Agreement or we suspect on reasonable grounds that you have, might or will commit an act contrary to this Agreement, we may at our sole discretion suspend or terminate your use of the Website.

7.2 Does not limit other remedies

The suspension or termination of your use of the Website will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior.

 

  1. INDEMNITY

 

8.1 You indemnify Vendu

You agree to indemnify, keep indemnified and hold us, our directors, officers, employees and agents harmless against any loss or damage incurred by us (included reasonable legal costs and expenses on an indemnity basis) arising out of any breach of this Agreement by you or any claims or legal proceedings which are brought or threatened to be brought against us by any person arising from your use of the Website and the use of the Website via your password or mobile device.

 

  1. WARRANTIES AND DISCLAIMERS

 

9.1 Reasonable care and skill

We warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement but we do not warrant to you that the Website will be free from fault or disruption.

9.2 No warranty for Content

We do not warrant the accuracy of the Website Content.

9.3 Exclusion of liability

To the extent permitted by law, we exclude all liability to you or any other person in respect of:

  1. errors, mistakes or inaccuracies on the Website and Website Content;
  2. your use of any information or materials on the Website or any Website accessed via a Third Party Link;
  3. any interruption to the availability of our Website;
  4. any personal injury, loss or damage you suffer of any nature resulting from your accessing of the Website; and
  5. any unauthorised use or accessing of our Website by any person.

9.4 Liability limited

Where our liability to you or any other person cannot be excluded, then to the extent permitted by law, our liability for loss or damage will be limited to the value of the replacement cost of any goods or services.

9.5 No special damages

You agree that Vendu is not liable to you for any indirect, special, incidental, punitive, exemplary or consequential damages, loss or profits, business interruptions or reputational harm.

 

  1. ADVERTISEMENTS AND OTHER WEBSITES

 

10.1 Review and ratings

We do not endorse any reviews, ratings, individuals or businesses featured on our Website.

10.2 Website may feature advertisements

We may place advertisements on our Website advertising the goods or services of third parties. Such advertisements may be delivered on our behalf by a third party advertising company. The existence of an advertisement does not mean that we endorse the goods or services offered and we accept no responsibility for any loss or damage that may arise from your use of them.

10.3 No control over links to third parties

Where our Website contains a Third Party Link, we have no responsibility or control over the third party Websites, resources or content. The existence of Third Party Link does not mean that we endorse the linked Website, resource or content and we accept no responsibility for any loss or damage that may arise from your use of them.

  1. PRIVACY

 

11.1 Privacy policy

Your represent that you have read and understood our Privacy Policy.

  1. INTELLECTUAL PROPERTY

 

12.1 IP owned by Vendu

All Intellectual Property in the Website, the Vendu Content and any database operated by us is owned by us or licensed to us. You may not, nor may you attempt to, obtain any title to any such Intellectual Property. All rights are reserved.

12.2 IP may not be used without permission

None of the Intellectual Property in the Website, the Vendu content and any database operated by us may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior written consent. For the purposes of accessing the Website you may retrieve and display the content of the Website using a mobile device browser and print a copy for subsequent use.

12.3 Third parties’ trade marks

Other trade marks used on the Website belong to third parties, are used with permission and remain the Intellectual Property of the third party.

 

  1. GENERAL

 

13.1. Assignment of rights

We reserve the right to transfer or assign without notice all or any of our rights and obligations under this Agreement. You may not assign or transfer any of your rights or obligations under this Agreement.

13.2 Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of the Jurisdiction. You irrevocably submit to the exclusive jurisdiction of the courts of the Jurisdiction.

13.3. Void or unenforceable

If any part of this Agreement is found to be void, unlawful or unenforceable, then that part of the Agreement will be deemed to be severable and the severance of such part will not affect the validity or enforcement of the balance of this Agreement.

13.4 No waiver

Any failure by us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right unless the waiver is in writing and signed by us.

13.5 Delay

We shall not be liable for any delay in the performance of any of our obligations under this Agreement if such delay is caused by circumstances beyond our control.

13.6 Contact

To contact us, please send an email to contactus@vendu.com.au.