TERMS AND CONDITIONS
Effective Date: 6 November 2019
Notice Version: 1.2
Data Controller Contact
Email – email@example.com
You may also use the contacts form on the Website to contact us. www.salemania.com.au
This page represents a legal document and is the Terms and Conditions (Agreement) for our Website and Mobile Application; hereinafter referred to as “Sale Mania.” By using our Sale Mania, you agree to fully comply with and be bound by the following Agreement each time you use our Sale Mania. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to Sale Mania and the owner of Sale Mania. Our services may include and not be limited to our Website, Mobile Application, Facebook Page, Instagram, Linkedin and other Social Media Sources.
A “Member” or “User” is someone who has registered with us to use Sale Mania or chooses to untilise our online services (Website and Mobile App) even without registering.
The term “You” refers to everyone who downloads, accesses and uses Sale Mania . This includes both General Public and Retailers and any individuals directly or indirectly impacted by our Website.
All text, information, graphics, design, and data offered through Sale Mania and Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members or Users as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Sale Mania.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING SALE MANIA CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER.
Except as otherwise noted,
this Agreement constitutes the entire and only Agreement between you and Sale
Mania and supersedes all other Agreements, representations, warranties, and
understandings with respect to Sale Mania, Services, and the subject matter
Our Privacy Notice is considered part of this
Agreement and available in Sale Mania. You must review our Privacy Notice
by clicking on this link. If you do not accept and agree to being bound by all the
terms of this Agreement, including our Privacy Notice, do not use Sale Mania or
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Adelaide, SOUTH AUSTRALIA. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law
Agreement will be governed by and construed in accordance with the laws of SOUTH AUSTRALIA, without regard to conflict of law
principles. In addition, you agree to submit to the personal jurisdiction and
venue of such courts. Any cause of action by you with respect to our Website or
Service must be instituted within one (1) year after the cause of action arose
or be forever waived and barred.
Eligibility and Registration for Membership
To use Sale Mania and Services you may choose to register to become a Member. Your Membership is not transferable or assignable. Sale Mania membership and registration are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to Sale Mania by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using Sale Mania and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Sale Mania has sole right and discretion to determine whether to accept a Member, and may reject or cancel a Member’s registration with or without explanation.
Harassment by Other Members
If you believe that any Member of Sale Mania is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us (or vice versa).
Limited License and Merchant License
Sale Mania grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of Sale Mania and Services are solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement.
Sale Mania also runs a Business section in which Retailers
and Businesses (Merchants) can register and login to promote their Profile, Products
and Services. To be Licensed to do this businesses will have to Register and
pay the required registration fees. By doing so, the businesses accept all of
Sale Mania Terms and Conditions and also the Sale Mania Merchant
Usage and Publication Guide available in the Business Section of the site.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Sale Mania, Content, Services, and any software provided therein. Sale Mania reserves the right to refer any matter to Law Enforcement Agencies and or the Sale Mania Legal Team.
Our Trade Mark and Intellectual Property
The name “Sale Mania” is a Registered Trade Mark and protected by Law. Sale Mania may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of Sale Mania or Services does not constitute any right or license for you to use our service marks or registered trademarks without the prior written permission of Sale Mania.
Our Content, as found within Sale Mania and Services, is protected under Australian Law as well as the United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of Sale Mania and Services does not grant you any ownership rights to our Content or Trade Mark.
Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on Sale Mania.
Members are responsible for their own content where applicable and may update their Member Content at any time without notice and at their sole discretion. For clarity, Sale mania is NOT legally responsible for Member Content published on our platform. All Member Content MUST meet Australian Advertising Standards and Australian Law.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that Sale Mania will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through Sale Mania will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of Sale Mania or Services at any time.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain
third-party product or service providers (“Merchants”) from which you may
purchase certain goods or services. You understand that
we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We
are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO SALE MANIA.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
By using Sale Mania you agree to the above Merchant and Advertisement Disclaimer in its entirety without reservations.
Sale Mania is not responsible or liable in any manner for any content posted in Sale Mania or in connection with our Services, whether posted or caused by Members of Sale Mania, or by Sale Mania. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on Sale Mania or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using Sale Mania or Services. Sale Mania is not responsible for the online or offline conduct of any User of Sale Mania or Services.
Sale Mania or Services may be temporarily unavailable from time to time for maintenance or other reasons. Sale Mania assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
Sale Mania is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with Sale Mania or Services, including without limitation any software provided through Sale Mania or Services.
Under no circumstances will Sale Mania be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of Sale Mania or Services, or any interactions between Users of Sale Mania or Services, whether online or offline.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH SALE MANIA ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). SALE MANIA AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
SALE MANIA, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF SALE MANIA OR SERVICES. SALE MANIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF SALE MANIA OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. SALE MANIA DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO SALE MANIA, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH SALE MANIA OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SALE MANIA.
SALE MANIA AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH SALE MANIA OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
By using Sale Mania you agree to the above Warranty Disclaimer in its entirety without reservations.
Limitation of Liability
Sale Mania, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Sale Mania or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of Sale Mania or Services, (d) your use of Sale Mania our Content, (e) the Content contained on Sale Mania or Services, or (f) any delay or failure in performance of Sale Mania and Services beyond our control.
IN NO EVENT WILL SALE MANIA OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM YOUR USE OF SALE MANIA, CONTENT, SERVICES, OR ANY
RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM SALE MANIA OR SERVICES,
SALE MANIA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SALE MANIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR
SALE MANIA AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
By using Sale Mania you agree to the above Limitation of Liability in its entirety without reservations.
post their content to Sale Mania through our Services (Member Content). Members understand that by using Sale Mania
or Service they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Sale Mania is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Sale Mania will submit all necessary information to relevant authorities.
If any Member Content is reported to Sale Mania as being offensive or
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Sale Mania. If the Member fails to meet such request,
Sale Mania has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member you agree not to use our Services to do any of the following:
- Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from Sale Mania or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Sale Mania is objectionable or restricts or inhibits any other person from using or enjoying Sale Mania or Services, or which may expose Sale Mania, our affiliates, or our Users to any harm or liability of any type
- Use our Content to:
- Develop a competing Mobile App
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer Sale Mania, Services, and any related software
- Use Sale Mania or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
You will retain the copyrights to content you post or upload to Sale Mania. However, you agree to grant Sale Mania a nonexclusive, irrevocable, royalty-free, worldwide license to use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. Sale Mania will hold this license indefinitely. You also agree that you do not have any claim to any intellectual property or derivative work based on your content produced by Sale Mania.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to Other Websites
Sale Mania will contain extensive link to third-party websites. The inclusion of links to any website on Sale Mania does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Sale Mania has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Refund and Return Policy
As we do not sell products to the public, we do not have a refund policy. If in the future you purchase item through the Sale Mania Shop, the Refund Policy will be made available then.
For Merchants registering to participate on
Sale Mania, the nominated Registration Fee will be fully refundable if your
registration is not approved or rejected. Once Approved and your profile is
launched, all fees are non-refundable. Sale Mania reserves the right to Approve
or Reject a registration.
Termination of Non-Merchant Membership
Your non-merchant membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered Member. You must uninstall Sale Mania, delete or destroy any information or content (including all copies) obtained from Sale Mania. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
Termination of Merchant Membership
The Merchant membership is effective and renewable every 12 months. Your Merchant membership may end if you do not renew or until terminated by you or by us. Your rights under these Terms and Conditions will terminate without our notice if you also fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered Member. You must uninstall Sale Mania, delete or destroy any information or content (including all copies) obtained from Sale Mania. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of Sale Mania or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on Sale Mania. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of Sale Mania, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of Sale Mania, Services, and Products.