Terms & Conditions
Spreets Pty Ltd ABN 76 142 688 524 ("Spreets") welcomes you. Spreets is the operator of the website, spreets.com.au ("Site"). By accessing or using the Site, you agree to be bound by and accept the following terms and conditions ("Terms and Conditions"):
1. DESCRIPTION OF SERVICE
Spreets provides users with access to a range of daily deals and offers (“Third Party Offers”) that are created, offered and supplied by third party group buying sites or advertisers that Spreets has partnered with (each a “Third Party Advertiser”). Spreets aggregates and publishes the Third Party Offers on the Site and in its daily and periodic email communications (“Emails”). Users are redirected to the Third Party Advertiser’s website if they wish to view or purchase a Third Party Offer and all transactions take place directly with, and are the sole responsibility of, the Third Party Advertiser. You understand and agree that Spreets does not create, offer or supply any of the Third Party Offers that you see on the Site or in the Emails.
2. USER REPRESENTATIONS
You represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal right and ability to enter into a legally binding agreement with Spreets; and (iii) you will use the Site in accordance with these Terms and Conditions.
Spreets reserves the right to modify these Terms and Conditions from time to time. Such modifications will be effective immediately upon publication on this Site. Your continued use of the Site, Emails or any of the materials contained on the Site, following such publication will be deemed your conclusive acceptance of the modified Terms and Conditions.
4. RESTRICTIONS ON USE
You agree to use the Site solely for your own personal and non-commercial use. Further, you agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site or any other communications received from Spreets. Any fraudulent, illegal or unauthorised use of the Site shall constitute a breach of these Terms and Conditions. You agree that Spreets may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. REGISTRATION AND ACCOUNTS
5.1 In order to receive Emails from Spreets, you are required to subscribe to the Emails by providing your details on the Site or you can create a registered account ("Account") by completing the registration form in the manner described on the Site. By subscribing or creating an Account, you agree to receive Emails from Spreets. You can access and change your Account information at any time, including your email address and password. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Spreets reserves the right to refuse access to or terminate your Account at any time if: (a) you breach these Terms and Conditions; (b) Spreets considers such action necessary to comply with any requirements of the law; or (c) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner. If Spreets terminates your Account, you may be prevented from accessing all or parts of the Site, your Account details or other content contained in your Account. If Spreets ceases access to or terminates your Account in accordance with this clause, Spreets will not be liable for any loss or damage suffered by you or any third party for doing so.
5.2 You agree to: (a) maintain all equipment required for your access to and use of the Site; (b) maintain the security of your user identification, password and other confidential information relating to your Account; (c) be responsible for all consequences resulting from use of your Account, use of your Account by others (including minors) or unauthorised use; (d) notify Spreets immediately if you become aware of any unauthorised use of your Account; and (e) that each username and password must be used by a single user and are not transferable. For any concerns or problems relating to your Account, please contact our Customer Support.
7. RESPONSIBILITY FOR THIRD PARTY OFFERS
7.1 You acknowledge that the Third Party Offers are created, offered and supplied by the Third Party Advertisers, not Spreets. If you click on the Third Party Offer to view or purchase the Third Party Offer, you will be redirected to the Third Party Advertiser’s website and you will transact directly with the Third Party Advertiser. The Third Party Advertiser is solely responsible for any Third Party Offer that you purchase, including but not limited to issuing a voucher for the Third Party Offer, ensuring delivery and fulfillment of the voucher, providing the underlying product or service and responding to your complaints or enquiries.
7.2 Spreets does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Third Party Offer or any products, services, content, material, statement or representation contained in any Third Party Offer, including but not limited to information relating to pricing, the description of the product or service, availability of the Third Party Offer or its fitness for purpose. Spreets recommends that you review the relevant details of the Third Party Offer on the Third Party Advertiser’s website before making a purchase.
7.3 The display of a Third Party Offer on the Site or in an Email does not constitute or imply Spreets’ endorsement, sponsorship or recommendation of the Third Party Advertiser, the Third Party Offer or the quality of any product or service that is the subject of the Third Party Offer. Spreets reserves the right to remove any Third Party Offer from the Site at any time for any reason.
7.4 Spreets is not responsible for the content, functionality, or technological safety of any website operated by a Third Party Advertiser. Spreets reserves the right to disable links to or from any Third Party Advertiser website to our Site, although we are under no obligation to do so. Spreets is not responsible for the accuracy, relevancy, legality, or decency of any content or material contained on any Third Party Advertiser website.
7.5 Your participation in any Third Party Offer, including payment and delivery of related goods or services, and any terms, conditions, and warranties or representations associated with such Third Party Offers, are solely between you and the Third Party Advertiser. You assume all risks arising out of or resulting from your transaction with a Third Party Advertiser, and you agree that Spreets is not responsible or liable for any loss, damage or expense suffered by you as a result of a Third Party Offer.
8. DISCLAIMER OF WARRANTIES
8.1 You expressly understand and agree that, to the maximum extent permitted by law: (a) your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis; (b) Spreets and its related entities, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the information that may be obtained from the Site will be accurate or reliable; and (iv) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and (d) subject to the application of any consumer guarantees to a supply of goods or services by Spreets to you, no advice or information, whether oral or written, obtained by you from Spreets or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions.
9. LIMITATION OF LIABILITY
9.1 Subject to any statutory consumer guarantees that apply under the Australian Consumer Law, Spreets does not give any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to any Third Party Offers including the products or services the subject of the Third Party Offer, any Third Party Advertiser or your use of the Site. Subject to any applicable claims under the Australian Consumer Law, Spreets, its related entities, affiliates and associated agencies are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with: (i) any Third Party Offer, including the products or services that are the subject of a Third Party Offer; (ii) any statement, conduct, act, omission, performance or non-performance (whether negligent or not) of any Third Party Advertiser; (iii) your use of the Site or any failure or delay including, but not limited to, the use or inability to use any component of the Site; (v) any interference with or damage to your computer systems which occurs in connection with use of this Site or an external website; (vi) any unauthorised access to or alteration of your Account information.
10. LIABILITY, RELEASE AND INDEMNIFICATION
10.1 You release and discharge and will at all times indemnify, and keep indemnified, Spreets and its directors, officers, employees, agents, related entities and affiliates ("Released Parties"), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by Spreets as a result of any claim, demand, suit, action or proceeding by any third party against you or Spreets that arises out of or in connection with: (i) your use of the Site; or (ii) any violation of these Terms and Conditions or any terms and conditions specified for a Third Party Offer; or (iii) any activity related to your Account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct).
10.2 You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of Spreets and its related entities, affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
11. INTELLECTUAL PROPERTY
11.1 Spreets reserves all intellectual property rights, including but not limited to, copyright in information, materials and/or services provided by Spreets (except for Third Party Offers). Nothing in these Terms and Conditions gives you a right to use any of Spreets’ marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2 Trade marks and logos used on the Site that are owned by third parties, including Third Party Advertisers, are used with permission and remain the intellectual property of those third parties.
12. LINKS TO OTHER WEBSITES
12.1 The Site contains links to other websites, including websites operated by Third Party Advertisers. Spreets is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for your convenience only and Spreets makes no warranty or representation regarding and does not endorse such websites or any content appearing on such websites. Spreets disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites. Spreets neither warrants nor represents that your use of any materials on linked websites will not infringe the rights of any third parties.
13. USE OF THE SITE OUTSIDE AUSTRALIA
Spreets does not represent that the contents of the Site are appropriate or available for use in countries outside Australia. If you choose to access the Site from outside Australia, you are responsible for compliance with foreign and local laws.
14. GENERAL TERMS
14.1 These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
14.2 If any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will, subject to being enforced to the maximum extent permissible by law so as to give effect to the intent of the Terms and Conditions, be severed and the remainder of these Terms and Conditions will continue in full force and effect.
14.3 These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you. Spreets may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
14.4 Any failure by Spreets to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any of its rights, benefits or other privileges pursuant to that or any other provision. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.
Effective Date: 5 March 2013