TERMS AND CONDITIONS

1.   Parties to this Agreement

This Agreement is made between you (as the users of this Site) and Student Discount Shopping Pty. Ltd. (“SDS”).  The word “you” includes the merchants or traders who are registered with this Site (www.StudentDiscountShopping.com.au) to sell goods and services, customers who are browsing this Site for specified goods and services or anyone who is accessing the Site for whatever reasons.

2.    Acceptance of the Terms and Conditions 

By entering into this Site, you have agreed to accept the terms and conditions as set out in this Agreement.  You are bound by the terms and conditions governing the use of this Site and any amendments and alterations made to this Site from time to time.  You must leave the Site now if you do not agree to the terms and conditions.

3.    Use of the Site

You may use the materials displayed on this Site (including information, data, tools, texts and images) for personal and informational purposes only.  You must not use the materials displayed on this Site for commercial purposes without first obtaining the written consent of SDS.  Use of materials for a commercial purpose is any use other than using the contents for your own personal and informational use.  Also, you must not use the Site in such way that is unlawful or violates the rights of SDS or in breach of the terms and conditions of this Agreement.  Unlawful use of the Site includes using the Site to display, distribute, transmit or circulate information or materials that are obscene, indecent, seditious, offensive, defamatory, threatening or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

4.    Contents of the Site

Whilst the Site is owned and operated by SDS, it may contain materials displayed by third parties.  We do not endorse or approve the accuracy, validity and reliability of any materials displayed on this Site by the third parties.  The third parties which provide the materials are solely responsible for the accuracy, validity and reliability of the materials.  Neither SDS nor its directors, employees and agents give any warranty and representation as to the accuracy, validity and reliability of the materials.  Further, SDS has no control over and shall not be responsible for the conduct of the third parties in using this Site or displaying materials on this Site.  SDS cannot be held liable for any damage suffered by any person as a result of using this Site or relying on the materials displayed on this Site.

5.    Advertising and links to other sites

This Site provides links to third party sites (“Linked Sites”) which offer goods and services.  The links are provided for your convenience only and inclusion of any links on this Site does not imply any endorsements by SDS of the goods and services offered by the Linked Sites.  You agree that SDS has no control over the contents of the third party sites and that SDS is not responsible for the accuracy of the contents.  It is your responsibility to read the Linked Sites’ terms and conditions and/or privacy policies with regards to the use of those sites.  You further agree that you are entering into the Linked Sites at your own free will and at your own risks.

6.    Changes and restrictions to this Site

SDS reserves the rights to changes the features of this Site as and when it sees fit from time to time.  SDS also has the discretion to allow or restrict your access to this Site as and when it deems necessary.  SDS shall not be responsible for any person’s inability to access the Site for whatever reasons and shall not be liable for any damage suffered any person due to the changes to the features of this Site and/or inability of the any person to access this Site.

7.    No warranty

SDS does not provide warranty that the goods and services provided by the third party merchants or traders fit for their purposes.  The implied and/or expressed warranty of the goods and services are the responsibility of the parties which provided those goods and services.  SDS cannot be held liable for any person who suffered loss as a result of the third party merchants’ breach of the implied or expressed warranties of the goods and services.

8.    Intellectual property rights

(a)    SDS is the sole owner of this Site “www.StudentDiscountShopping.com.au”, the company name, the logo and the trade secrets which are protected under the trade mark and the copyright laws of Australia and other countries.  This Site also contains trade marks and copyrights of third parties.  Entry to this Site shall not be construed as being licensed to use any of the trade marks and/or copyrights as contained in this Site.  You are not permitted to use, copy, modify or publish any of the trade marks herein without the prior written consent of their rightful owners.

(b)    If you are a merchant/trader who use this Site to display your promotional materials, you warrant and agree that you own the all copyright, trade mark, trade secret and patent of your materials, goods or services or you have obtained the necessary consent of third parties to use the copyright, trade mark, trade secret and patent of those materials, goods or services.  You further warrant that you have the right to manufacture, offer, sell, import and distribute the goods or services you offer and display on this Site.

(c)    You grant SDS an irrevocable and worldwide royalty free license or sublicense to display or use the materials in accordance with conditions of this Agreement.

(d)    You shall be solely responsible for ensuring that any materials you display on this Site do not violate the rights of any person or entity.

(e)    You indemnify SDS for any loss or damage suffered by it in the event that you have committed a breach of third parties’ intellectual or proprietary rights.

(f)    You authorise SDS to delete or amend any materials displayed on this Site that, in the opinion of SDS, have violated the third parties’ intellectual or proprietary rights. If SDS deletes the materials from the Site in accordance with this Clause, any subscription fees paid by the users whose materials are deleted shall not be refunded. 

9.    Application to be a registered user

(a)    You may apply to be a registered user if you fill out an on-line application from available on this Site by giving your personal information such as your name, address, telephone and fax numbers, email address and particulars of your business.

(b)    You must be a registered user in order to display materials on this Site by using the self-help submit and edit tools available on the Site.

(c)    Once your application is approved by SDS, an on-line account will be set up and you will be allocated with a user ID and password for log-in access to your account.  However, SDS may at its own discretion refuse to register you as a user and has no obligation to give you the reason/s for such refusal.

(d)    If you have applied to be a registered user on behalf of a business entity, you warrant that:

(i)    you have authority to bind the business to this Agreement;
(ii)    all particulars of the business including the registered and business address provided by you in the on-line application form are true, current and correct.

(e)    By becoming a registered user, you agree that we can pass on your personal information to other users without your further consent.

(f)    SDS may, at its sole discretion, suspend or terminate your registration without notice if SDS believes that the following events have occurred:

(i)    you have breached the terms and conditions of this Agreement;
(ii)    the information provided by you are incorrect, untrue, misleading and fraudulent; and
(iii)    your action may cause damage to SDS or other users.

(g)    You acknowledge that the account, user ID and password are issued for your personal use only.  You undertake not to sell or transfer your account, user ID and password to a third party without the prior written consent of SDS.

10.    Users’ Warranties

(a)    You warrant that you will use this Site for genuine trade and commerce and will observe all applicable laws and regulations governing your business activities such as export and import controls, product liabilities, consumer protections and trade practices. 

(b)    You further warrant that you will not use the Site in the following purposes:

(i)    to display materials and/or information that are fraudulent, misleading, obscene, defamatory and offensive;
(ii)    to offer stolen or counterfeit goods;
(iii)    to commit fraud on other users;
(iv)    to incite racial hatreds;
(v)    to promote discrimination based on age, race, sex or religion;
(vi)    to infringe third parties’ intellectual property rights;
(vii)    to spread computer viruses to damage other users’ software and hardware system, data or personal information;
(viii)    to invade other’s privacy;
(ix)    to display or publish pornographic and sexually explicit materials that are harmful to young persons; and
(x)    to cause loss or damage to SDS and other users.

(c)    SDS reserves the right to delete and remove any materials which, in the opinion of SDS, fall under any of the descriptions as set out in the preceding paragraph.  If SDS deletes and removes the materials from the Site in accordance with this Clause, any subscription fees paid by the users whose materials are deleted and removed shall not be refunded.

11.    Relationship between the sellers and buyers

(a)    You agree that the Site “www.StudentDiscountShopping.com.au” is a channel for the buyers and sellers of goods and services to trade and exchange information.  You further agree that SDS is not an agent, employee, contractor, representative and advocate of the buyers or the sellers.  As such, SDS does not have control over and will not be responsible for the quality, safety, lawfulness and availability of the goods and services offered for sale by the sellers on this Site.  Similarly, SDS is unable to ensure the sellers that the buyers are able to pay for the goods or services or complete the transactions.

(b)    Although SDS will use its endeavour and tools available on the Site to ensure the information displayed on this Site is accurate, the complete detection of false information and false identity of parties on internet is impossible and difficult.  You must be aware that you may be dealing with parties acting under false pretence and you are at risks of suffering loss or damage.  The risks include misrepresentations of goods and services, fraud, inferior quality, breach of warranty, unlawful and dangerous goods, default etc.  You agree that you are solely responsible for your own transactions made on this Site.

(c)    You release and indemnify SDS from all claims, actions, demands proceedings, costs, expenses and damages as arising out of or in connection with any transactions made on this Site.

12.    Disclaimer and limitation of liability

(a)    You agree that the contents on this Site, if they are provided by SDS, are obtained or extracted from sources which are believed to be accurate and valid.  If the contents are provided by third parties, SDS expressly declares that SDS does not condone or approve their accuracy and legitimacy. 

(b)    Neither SDS nor its personnel give any representation or warranty as to the reliability, accuracy and completeness of the contents; or warrant that any of the functions contained on this Site or that your access will be uninterrupted and error free. 

(c)    Neither SDS or its personnel shall be liable in any way for any loss or damage suffered by you, howsoever arising (whether in negligence or otherwise) out of or in connection with your use of and access to this Site, except where the liability is made non-excludable by the law.

(d)    You must indemnify SDS and its personnel against all loss, actions, demands, proceedings, costs and expenses (including legal fees), claims and damages arising from:

(i)    any breach by you of the terms and conditions of this Site or third party sites; or
(ii)    reliance by you on any information obtained through this Site; or third party sites; or
(iii)    your access to this Site or other third party sites; or
(iv)    reliance upon or use of any content by any person accessing any content through your website. 

13.    Governing Law

The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Victoria and where relevant the Commonwealth of Australia.

14.    Notices

(a)    All notices to SDS under this Agreement shall be delivered by registered mail or by facsimile to the addresses of SDS as set out on this Site;

(b)    All notices to you shall be sufficiently served if either delivered personally, sent by courier or registered mail, or by facsimile or email to the last known correspondence, fax or email address provided by you to SDS.  Notice to you shall be deemed to have received by you if SDS is able to show that communication, whether in conventional or electronic form, has been sent to you.

15.    Entire Agreement

The terms and conditions and the privacy policy posted on this Site contain the entire understanding and agreement between you and SDS with respect to use of and access to this Site.

16.    Severability 

If any provision of this Agreement is in breach of any legislation and by reason of such breach is void, voidable, unenforceable or invalid, then and in such case that provision shall be severable from this Agreement and this Agreement shall be read as though such provision did not form part of the same.

17.    Assignment

SDS shall have the right to assign its obligations and duties in this Agreement to any person or entity.  SDS shall also have the right to transfer all its rights to this Site to any person or entity.

18.    Refund Policy

You agree that our refund policy is as follows:

(a)    For RETAILERS only

If for any reason you are not completely satisfied with your purchase of advertisements, SDS will issue to you a refund for the purchase or subscription only, less a 10% administration fee, within 3 days of purchase.

(b)    For CUSTOMERS

The Site “www.StudentDiscountShopping.com.au” is an on-line advertising medium that allows potential buyers to browse advertisements and then purchase items by contacting retailers directly, visiting on-line stores, or going into store. SDS is not involved in the actual transaction between sellers and buyers. The Site is merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, SDS has no control over and, to the extent permitted by law, makes no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Site, the accuracy or truth of any advertising listings on the Site or the ability of sellers and buyers to actually enforce or complete a transaction.

Contact Details

Student Discount Shopping Pty. Ltd.

Mailing Address    PO Box 7507
                          St. Kilda Road, VIC 8004
                          Australia

Phone                 (03) 9696 6354

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