Terms and Conditions
[last updated Jan 2018]
Our online services are made available by Essential Web ABN 53391770128 of 330/3 The Promenade, Chiswick NSW 2046, Australia.
We reserve the right to change, amend, update or modify our online services without notice.
We may also update our terms and conditions from time to time and the new provisions will apply from the date they are updated, so we recommend that you revisit these terms and conditions from time to time.
Payments, Shipping and Refunds
Setting up an Account and Directory Listings
Advertising with Us
Promotions and competitions
Feedback, comments or complaints
If you have any questions or wish to notify us about anything in relation to these terms and conditions, please contact [email protected] and we will usually respond to all enquiries within two business days.
No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services. You agree not to hack into areas of our online services that are not intentionally made available to you.
You expressly agree not to:
- use our online services as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;
- engage in any internal or external spamming, or other similar actions;
- engage in any acts which we deem unlawful, immoral, defamatory, misleading or deceptive, or acts which are in violation of these terms and conditions;
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content.
Our online services may contain links to other websites (‘Linked Sites’). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
Copyright, Trademarks and other Intellectual Property
Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
We own all the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of our online services.
You warrant that you hold the necessary rights and interests to use any material you add to our online services or social media pages (your content) and that your content does not infringe any third party intellectual property rights, including copyright and trade mark, privacy, or other personal or proprietary rights. You irrevocably grant to us a world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content and allow us to display your business name and trademarks on our online services;
You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content or our intellectual property.
If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our online services.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
We make efforts to maintain the security of our online services. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
Third party products and contributed content – disclaimer
If we promote third party products or services via our online services it is because we consider they are professional service providers, or because they have paid us to promote them. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.
From time to time, we may have articles, advice, blogs, columns and other content contributed to our online services by third parties (‘Contributed Content’). This is provided on an “as is” and “as available basis”. You must exercise your own judgment to determine the appropriateness or accuracy of this Contributed Content.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services.
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you post via our online services;
- your unauthorised use of our online services, or products or services included or advertised on our online services;
- advertising on our online services or contributing content for our online services;
- any claims made for breach of intellectual property rights in respect of your advertisement or content;
- your breach of these terms and conditions.
This agreement is governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of our online services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our online services.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.
Payments, Shipping and Refunds
The prices for our products and services are in Australian dollars, inclusive of GST and are as quoted on our online services.
Payment must be made before the products or services are provided.
Payment may be made by Credit Card, PayPal, Direct Deposit, or other method made available through our online services from time to time.
We reserve the right to refuse payment made in any form.
As soon as you complete the checkout process, funds will be deducted from your nominated payment method.
We cannot guarantee that a product will always be available. In the event that we cannot fulfil any order placed by you, we will refund to your account any sum deducted by us.
We will not be able to process your order in the event of:
Incorrect payment details (including credit card details) being supplied;
Cleared funds not being approved / received through your nominated payment method; and
Fraudulent activity suspected / identified.
Contact the seller for information about the costs of delivery inside and outside Australia. We do not take responsibility for any activities relating to shipping by an external vendor.
We are unable to offer any refunds if you simply change your mind about a particular product or service.
Where any of our products or services requires your participation or attendance, failure to attend or participate will result in forfeiture of any payment made by you.
We do not take responsibility for any activities relating to selling or refunds by an external vendor.
Membership with our network provides access to our online promotion platform, www.smallbrands.com.au, as well as our social media channels and email communications. Our responsibility is limited to providing sellers and buyers access to that platform. We do not otherwise have any control or oversight of transactions conducted via that platform.
Any purchase made as a result of a referral from smallbrands.com.au is an agreement between you and the seller and you must contact the seller with any questions about your purchase.
All prices listed on smallbrands.com.au are the prices that you pay. If the seller is registered for GST, that price will be inclusive of GST. If the seller is not registered for GST, that price will be exclusive of GST.
Payment is collected via PayPal and Bank Deposit.
If you wish to sell products or services via the smallbrands.com.au website, you must first apply for approval and set up an account.
Products should be appropriate for the market and comply with our marketing guidelines, including images. You warrant that your marketing material and the products or services offered for sale do not infringe upon any third-party rights including intellectual property or rights to privacy.
We may remove sellers from smallbrands.com.au if we receive a complaint about the seller, without being required to investigate that complaint. We will not be liable for any loss or damage suffered by the seller if removed from smallbrands.com.au.
Setting up an Account and Directory Listings
Utilisation of the marketing platform will require you to create an account with us. In creating an account with us, or setting up a directory listing you agree that you:
- Will pay any fees, charges or commissions associated with your account or directory listing when they are due;
- Will provide accurate, complete and current information and will notify us if your contact details change;
- Will keep your account information secure including your username and password. We recommend that you change your password at least once every six (6) months;
- Will not impersonate or misrepresent your credentials or affiliations with particular businesses and the products and services they provide;
- Will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
- Will immediately contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
- Agree to receive regular newsletters and other communication from us. You can unsubscribe at any time by clicking on the unsubscribe link in each of our communications;
- Authorise us to disclose card-related profile and purchase behaviour information to third parties (including without limitation Visa, MasterCard and American Express) for the purpose of assisting in eliminating fraud and illicit behaviour.
You acknowledge that failure to comply with any of the above requirements may result in your account being disabled or removal of your listing and any content that you have submitted, from our website.
You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused as a result of the use of your account, whether by an authorised person or not.
Advertising with Us
Advertising / Contributors
From time to time, we may offer you the opportunity to advertise on our online services or produce content for our online services. Without limiting anything else in these terms and conditions, as an advertiser or contributor you:
- Agree to pay any fees for advertising on our online services as and when they are due;
- Agree to provide us with copies of your advertising material in a manner and timeframe that we specify;
- Agree to ensure that the advertising material complies with all relevant laws and regulations and does not contain any content that is prohibited or restricted by Australian law;
- Will not advertise on our online services in a way that is misleading or deceptive or contains defamatory statements or content;
- Agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;
- Agree that users may rate your business, products or services and provide reviews on our online services;
- Agree to ensure that advertisements or content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
- Irrevocably grant to us a world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content and allow us to display your business name and trademarks on our online services;
- Warrant that you hold the necessary rights and interests to use any material you add to our online services or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights; and
- Agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in violation of our terms and conditions.
We will use all reasonable endeavours to maintain your advertisement on our online services in accordance with your instructions and specifications. Note that positioning and placement of the advertisement on our online services will be at our discretion.
We reserve the right to reject, approve, remove or require the amendment of any advertisement for any reason, in our sole discretion, including advertisements that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position or interests.
Cancellation of any advertisement or content must be received in writing from you no less than 10 business days prior to the date that it was scheduled to be displayed on our online services.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Promotions and Competitions
We may run competitions, free prize draws and/or other promotions on our online services. Any promotion will be subject to New South Wales legislation and additional terms and conditions that will be made available when the promotion is launched. We will publish the names of competition winners on the website running the promotion.
By entering a Promotion you:
- Agree that there may be separate terms and conditions for that Promotion, and they may not be listed here;
- Agree that Promotions are as advertised on our online services and cannot be exchanged or redeemed for cash;
- Agree that we reserve the right to verify your identity, age and place of residence and disqualify any individual that we believe has breached these terms and conditions (or any other separate terms and conditions relating to the Promotion), or has engaged in improper conduct that jeopardises fair and proper conduct of the Promotion.