ShareOn Pty Ltd

Standard Terms and Conditions

I. USE OF THE WEBSITE

1. User Agreement

• 1.1.

  These Terms of Use ("Terms") govern your use of our website located at www.ShareOn.com.au ("Site") and form a binding contractual agreement between you, the user of the Site and us, ShareOn Pty Ltd.
• 1.2.

  For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on (02) 888 33 900 or help@ShareOn.com.au.
• 1.3.

  Any reference in these Terms to “ShareOn” “we” or “us” refers to ShareOn Pty Ltd.
• 1.4.

  Any reference in these Terms to “you”, “user”, “member” or “visitor” means anyone who visits the website.
• 1.5.

  By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
• 1.6.

  We reserve the right to amend these terms from time to time at our sole discretion. It is your responsibility to check our published terms and conditions and other policies from time to time to ensure that you are familiar with the current set of terms and conditions.

• 2.1.

  We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with these Terms.
• 2.2.

  You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
• 2.3.

  You must not add any content to the Site:
  • 2.3.1.

    unless you hold all necessary rights, licences and consents to do so;
  • 2.3.2.

    that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • 2.3.3.

    that is, or could reasonably be considered to be, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • 2.3.4.

    that would bring us, or the Site, into disrepute; or
  • 2.3.5.

    that infringes the intellectual property or other rights of any person.
• 2.4.

  You agree that you will not:
  • 2.4.1.

    Use the website for any unlawful purpose. Any suspected unlawful, fraudulent or abusive activity will be reported to the appropriate law enforcement authority;
  • 2.4.2.

    Engage in any activity that interferes with or disrupts the website, the servers or networks that host the website;
  • 2.4.3.

    Attempt to, circumvent, disable or otherwise interfere with the security related features of the website.
• 2.5.

  The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.
• 2.6.

  You acknowledge and agree that:
  • 2.6.1.

    We retain complete editorial control over the site and may alter, amend or cease the operation of the site at our sole discretion;
  • 2.6.2.

    Although we strive to make the site available on a continuous basis, the site may be unavailable from time to time for maintenance purposes;

3. Intellectual Property Rights

• 3.1.

  Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
• 3.2.

  By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
• 3.3.

  You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
• 3.4.

  The licence in clause 3.2 will survive any termination of these Terms.
• 3.5.

  You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

• 4.1.

  You represent and warrant to us that:
  • 4.1.1.

    You have legal capacity to enter into these Terms; and
  • 4.2.1.

    You have complied with all of your obligations and responsibilities pursuant to these Terms.

• 5.1.

  To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages that may be suffered as a result of:
  • 5.1.1.

    Errors, mistakes or inaccuracies in the information contained on the website;
  • 5.1.2.

    Conduct of other users of the website;
  • 5.1.3.

    Your failure to act upon any information published on the website, or any information published on the linked websites;
  • 5.1.4.

    Any unauthorised access or use of our secure serves and/or personal information and/or financial information store on our servers;
  • 5.1.5.

    The state, quality or fitness of the goods or services that are provided by the merchants or any other third party that is linked to the website;
  • 5.1.6.

    Any interruption or cessation of transmission to and from our website
  • 5.1.7.

    Any interference with or damage to your computer systems occurs in connection with your use or access to the website or any of the linked websites including any viruses, bugs, Trojan horses or other malevolent code or communication that may be transmitted by our website or any third party;
  • 5.1.8.

    Personal injury or property damage of any nature resulting from your access to, and use of, the website;
• 5.2.

  To the full extent permitted by the law, we exclude all representations, warranties or terms, both express and implied, other than those that are expressly contained in these Terms and Conditions.
• 5.3.

  All services and goods that are offered or advertised by any third parties that are featured on the site, or any linked site, are published by the third party. ShareOn is not responsible for the content of any such advertisements.
• 5.4.

  ShareOn does not provide any warranties or guarantees for any of the goods or services that are offered by any third party through the website or any linked website.
• 5.5.

  ShareOn does not take responsibility for any loss or damage suffered by the use of a fraudulent or unauthorised web address. The only authorised web address for ShareOn is http://www.ShareOn.com.au.
• 5.6.

  These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
  • 5.6.1.

    in the case of goods:
    • 5.6.1.1.

      the replacement of the goods or the supply of equivalent goods;
    • 5.6.1.2.

      the repair of the goods;
    • 5.6.1.3.

      the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • 5.6.1.4.

      the payment of having the goods repaired, and
  • 5.6.2.

    in the case of services:
    • 5.6.2.1.

      the supply of the services again; or
    • 5.6.2.2.

      the payment of the cost of having the services supplied again.

• 6.1.

  You agree to indemnify ShareOn and its directors, officers, employees, agents and related bodies corporate on a continuing basis and on a full indemnity basis from and against any liability, loss, expense, demand, suit, action or proceeding for or arising from your access to, and use of, the site. This indemnity survives termination of this agreement by either party for any reason.
• 6.2.

  The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not be a waiver of such provisions or rights and does not affect the enforcement of this agreement.
• 6.3.

  The no waiver provision under clause 6.2 operates as an estoppel against the party who seeks to rely on clause 6.2
• 6.4.

  The exercise by any party of any of its rights expressed in this agreement does not preclude or prejudice such party from exercising the same or any other rights it may have irrespective of any previous action taken by that party.

• 7.1.

  In order to make any purchases or submit any comments on the site you must register as a member.
• 7.2.

  When registering as a member of the site you will need to provide personal information including the following details:
  • 7.2.1.

    Your full name
  • 7.2.2.

    Your date of birth
  • 7.2.3.

    Your gender
  • 7.2.4.

    Your postal address
• 7.3.

  You are required to keep your member log in details confidential. It is your responsibility to keep your password secure and you will be responsible for all activity that occurs on your account.
• 7.4.

  If you become aware, or suspect that, any unauthorised person is using your ShareOn account or that your password is no longer secure you must immediately notify ShareOn.

• 8.1.

  ShareOn has security processes in place to ensure the security of your personal information including encryption of all information and data that is transferred to our service providers.
• 8.2.

  ShareOn limits the types of personal information that it provides to merchants and other third parties as a further measure of security.

• 9.1.

  The ShareOn Privacy Policy is incorporated into these Terms and Conditions.
• 9.2.

  You agree that in the event that ShareOn sells it business, merges with another company or otherwise changes the management of the business or the website to a third party, you grant ShareOn the right to transfer and assign the personal information, content and rights that we have collected from you, including any agreements with you to the third party

• 10.1.

  ShareOn may cease providing access to the website to you or to visitors and members generally, on a temporary or permanent basis at our sole discretion.
• 10.2.

  These Terms terminate automatically if, for any reason, we cease to operate the site.
• 10.3.

  We may otherwise terminate these Terms immediately, on notice to you, if you have breached these terms in any way. Any such notice of termination will be provided to the email address supplied by you upon registration.
• 10.4.

  Clauses 3, 5 and 6 will survive the termination of these Terms.

• 11.1.

  If by reason of any fact, circumstance, matter or thing beyond the reasonable control of ShareOn and ShareOn is unable to perform in whole or in part any obligation under this agreement, ShareOn is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform.
• 11.2.

  You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
• 11.3.

  If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
• 11.4.

  Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
• 11.5.

  This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

• 1.1.

  Any particular Deal of the Day that is offered on the website does not constitute an offer to sell but is an invitation to treat only;
  1.2.

  Placing an order constitutes making an offer to purchase the particular Deal of the Day under these Terms as well as any specific terms and conditions of the merchant that has provided invitation to treat.
• 1.3.

  Once an order has been placed, ShareOn will issue an order confirmation to the email address supplied by you upon registration.
• 1.4.

  Subject to these terms and conditions, once the minimum number of members required for each particular Deal of the Day has placed an order, the merchant will accept your offer to purchase the deal of the day.
• 1.5.

  If the required minimum number of members for a particular Deal of Day is not reached by the time period advertised, the Deal of the Day will not be available for any members, including those members that did place an order. ShareOn will issue an email notification to your registered email address.

• 2.1.

  Once you have placed an order you are not allowed to cancel the order.
• 2.2.

  ShareOn reserves the right to accept or reject your offer for any reason, including but limited to the following circumstances:
  • 2.2.1.

    You have failed to complete the order details correctly;
  • 2.2.2.

    The deal of the day has been incorrectly advertised by the merchant;
  • 2.2.3.

    The goods or services advertised in the deal of the day are unavailable;
• 2.3.

  In the event that ShareOn cancels you order, a full refund of the price paid by you will be reimbursed by the same payment method that was used by you to purchase the deal of the day.
• 2.4.

  Merchants reserve the right to reschedule your booking due to unforeseen circumstances arising.

• 3.1.

  The prices of any goods or services advertised on the website are shown in Australian dollars and are inclusive of Goods & Services Tax (“GST”);

• 4.1.

  All payments must be received in full prior to ShareOn issuing a voucher for the goods and services featured in the Deal of the Day.
• 4.2.

  Payment can be made by credit card only.
• 4.3.

  Once payment has been received, ShareOn will issue a voucher (“ShareOn voucher”) to the email addressed registered by you when joining as a member of ShareOn.

• 5.1.

  Subject to the terms and conditions contained in this agreement, ShareOn will provide you with a ShareOn voucher for the Deal of the Day shown on your order confirmation form to the email address supplied by you when registering as a member.
• 5.2.

  It is your responsibility to ensure that delivery of all notifications and ShareOn vouchers by way of email will not be blocked by any junk mail or spam filters, firewalls or other software security programs. ShareOn is not responsible for the non-delivery of any email communication that is blocked by your email and computer security programs.

• 6.1.

  All services that are advertised in any particular Deal of Day are subject to the availability of the merchant providing the services. ShareOn will endeavour to publish any restrictions on availability imposed by the merchant in the Deal of the Day.
• 6.2.

  All ShareOn vouchers must be redeemed with the merchant before the expiry period. The expiry period will be contained in the Deal of the Day advertisement and will also be confirmed on your ShareOn voucher. It is your responsibility to redeem the voucher before it expires.

• 7.1.

  ShareOn vouchers cannot be exchanged or redeemed for cash.
• 7.2.

  ShareOn will provide a refund to you only in the following circumstances:
  • 7.2.1.

    The goods and/or services contained in the Deal of the Day have been incorrectly described;
  • 7.2.2.

    The ShareOn voucher delivered to your email address does not correspond with the Deal of the Day that you ordered.
• 7.3.

  Any refunds provided by ShareOn will be for the amount that was paid by you for the ShareOn voucher. All refunds will be made by the same payment method used by you when placing your order.
• 7.4.

  Please choose the Deal of the Day carefully. ShareOn will not provide any refunds for change of mind, expired vouchers or your inability to use the voucher.
• 7.5.

  Please make an informed decision prior to purchasing a deal. If you have any complaints over the Quality of the goods or services provided by the third parties or any other aspect associated with the provision of same, ShareOn is responsible for ensuring any such complaint(s) or dispute(s) are addressed. Simply, contact us at help@ShareOn.com.au 
  
  ShareOn shares your concern and will responsibly address any disputes, refunds, and chargeback for payments processed. We will address each matter on its merits and ensure a fair outcome is reached.

  8. Competition Terms and Conditions - All States

  • 8.1.

     

    The Promoter for this competition is ShareOn Pty Ltd.

    8.2

    Entry is open to all Australians who are over the age of 18 years as at 14.06.2011 at 12:01am. Entries will close on the 31.08.2011 at 11:59pm.
    
    8.3

    To enter, eligible entrants must sign up to the ShareOn "Daily Deals" mailing list.
    
    8.4

    Incomplete or incomprehensible entries due to any circumstance be it technical or otherwise, will be deemed invalid.
    
    8.5

    After signing up, the entrant must remain a subscriber to the ShareOn "Daily Deals" newsletter for the entire promotional period.
    
    8.6

    Employees of ShareOn, its agents and their immediate family members are not eligible to enter.
    
    8.7

    There are 3 major prizes and winners for this competition. The major prize draws will take place at 10am AEST at ShareOn, Level 1, Suite 1.07,  5 Celebration Drive, Norwest Business Park NSW 2153 on the 15^th of September, 2011 at 10am. The first winner will receive 1 x new Apple iPad2 16GB WiFi + 3G, the second winner will receive 1 x iPod Touch 8GB, and the third winner will receive 1 x iPod Nano 2GB.
    
    8.8

    The winners will be contacted via email and will be announced on the 16th of September, 2011 at 2pm.
    
    8.9

    The main prizes will be dispatched to the winners as soon as we have received their postal details.
    
    8.10

    Prizes are not exchangeable and cannot be taken as cash.
    
    8.11

    The Promoter, in its absolute discretion, reserves the right to verify the validity of all entries and to disqualify any entrant who tampers with the entry process, or who submits an entry that is not in accordance with these Conditions of Entry. The prizes include:

    • 1 x Apple iPad2 16GB WiFi + 3G
    • 1 x iPod Touch 8GB
    • 1 x iPod Nano 2GB

    8.12

    The winner agrees to the use of their name, image and photograph(s) for publicity and promotional purposes, without compensation, and agrees that the Promoter will own copyright of any such images and photograph(s) and in all material incorporating the photograph(s).
    
    8.13

    In the event that the Promoter is unable to supply the prize, the Promoter reserves the right to supply alternative prizes of similar monetary value.
    
    8.14

    The Promoter accepts no responsibilities for late entries or entries not received for any reason.
    
    8.15

    ShareOnPty Ltd shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking the prize, except for any liability which cannot be excluded by law.
    
    8.16

    ShareOn Pty Ltd accepts no responsibility for any tax implications that may arise from winning the prize.
    
    8.17

    ShareOn Pty Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, (including but not limited to) any injury or damage to participants or any other person's computer related to or resulting from participation in or downloading any materials in this competition.
    
    8.18

    The Promoter's decision is final on all matters and no correspondence will be entered into. Entry into this competition will be deemed to be an acceptance of the above terms and conditions.

    NSW PERMIT NUMBER:

    LTPS/11/04930

    If you have any questions concerning our Terms, please contact us on:

    ShareOn Pty Ltd

    Level 1, Suite 1.07

    5 Celebration Drive

    Baulkham Hills NSW 2153

    Phone: (02) 8883 3900

    Email: privacy@ShareOn.com.au

  
  This document was last updated on 29 June 2011.
  Copyright© ShareOn Pty Ltd
  
  All information, text, material, and software on this website ("the Content") are copyright © 2010 ShareOn Pty Ltd unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the website or expressly authorised in writing by ShareOn Pty Ltd or its affiliates.