Terms and Conditions applicable to a buyer of Products using COVE
These terms and conditions are the contract between you and COVE (us, we, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
COVE is a trade name of COVE Retail Group Pty Ltd (ABN 33 612 337 676).
If you use Our Website, you do so in accordance with these terms.
1. In these Terms & Conditions:
Our Website means any website of ours, and includes all web pages controlled by us.
"Post" means upload or place on or into Our Website any Content or material of any sort by any means.
Product means any item offered for sale on Our Website, whether physical goods or downloads.
Seller means a person who offers a Product for sale on Our Website.
Service means any service we provide through Our Website, whether free or charged.
2. Our Contract
2.1 We are neither a buyer nor seller of Products offered for sale in any form. We are never either a principal or agent in a buying transaction.
2.2 We are a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of its Products and for collection and forwarding of your money.
2.3 We are not responsible to you further than to take your money and pass it to the Seller.
2.4 We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body our members.
2.5 We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
2.6 These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
2.7 We provide a market place for the supply of Products. We are in no way responsible for:
2.7.1 your locating and ordering a Product;
2.7.2 your choice of a Product;
2.7.3 any aspect of the provision of the Product;
2.7.4 refund payment for any Product;
2.7.5 any complaint about any Product.
2.8 In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
2.9 We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3 You agree to promptly notify us of any changes to your information. If you do not do so, we may terminate your account.
4. The buying procedure
4.1 We are not responsible for the fulfilment of your contract to buy a Product.
4.2 Prices listed on Our Website by Sellers are inclusive of all applicable sales taxes (such as GST).
4.3 Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of its business.
4.4 Products may be offered for sale subject to any discount or promotion arranged between us and the Seller.
4.5 Subject to any discounts and promotions, Products are offered for sale at an initial price which decreases as the offer progresses. Unless stated otherwise, the extent and timing of the price decreases are at the discretion of us and the Seller. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
4.6 If you confirm your intention to purchase a Product at the price offered at the time of your confirmation (for example, by clicking 'Buy' or 'Bid' and/or other relevant confirmations on Our Website) (the 'Bid Price'):
4.6.1 you accept to pay the Bid Price for the Product, and must then make payment of the Bid Price through the relevant check out process on Our Website;
4.6.2 you accept that you no longer have the right to pay any other price which is lower than the Bid Price for the Product; and
4.6.3 we will not deliver the Product unless and until you have made payment of the Bid Price.
4.7 All Products purchased will be subject to a delivery charge which will be shown during the relevant check out process on Our Website. We may vary the delivery charge in our discretion.
4.8 We may in our discretion refuse to accept further bids if:
4.8.1 the price offered for sale of a Product falls below (or is set to fall below) any minimum offer price (which is set by us and the Seller in our discretion and may not be disclosed to you);
4.8.2 the Product is sold out; or
4.8.3 it considers it appropriate to do so for any reason.
4.9 Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
4.10 You are required to pay in the currency in which the Product is listed for sale on Our Website.
4.11 Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
4.12 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
4.13 To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
5. Payment Security
5.1 Credit card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Product refunds
7.1 The Seller does not accept returns unless there was a defect in the Product at the time of purchase, the Seller is otherwise obliged under Australian Consumer Law to accept returns, or the Seller has agreed in correspondence that you may return it.
7.2 Before you return a Product to the Seller, please carefully re-read the instructions and check that (for example) you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets (among other things).
7.3 If the Seller must accept your return of a Product under clause 7.1, you must return that Product to the Seller immediately or otherwise within [15 days?] of the Seller providing notice to you.
7.4 So far as possible, a Product should be returned:
7.4.1 with both Product and all packaging as far as possible in their original condition;
7.4.2 securely wrapped;
7.4.3 including the Seller?s delivery slip;.
7.4.4 at your sole risk and cost.
7.5 We advise you to follow the returns procedure set out on your Seller?s website or otherwise in its terms and conditions, if any and as applicable.
8. How we handle your Content
8.1 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
8.2 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.3 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
8.4 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
8.5 You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
8.6 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
8.7 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8.8 You understand that you are personally responsible for your breach of someone else?s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
8.9 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.10 Please notify us of any security breach or unauthorised use of your account.
8.11 We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out in clauses 8.3 and 8.4 above.
9. Restrictions on what you may Post to Our Website
9.1 We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.
9.2 We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
9.3 You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
9.3.1 be unlawful, or tend to incite another person to commit a crime;
9.3.2 be obscene, offensive, threatening, violent, malicious or defamatory;
9.3.3 be sexually explicit or pornographic;
9.3.4 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.3.5 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
9.3.6 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.3.7 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9.3.8 facilitate the provision of unauthorised copies of another person's copyright work;
9.3.9 link to any of the material specified in this paragraph;
9.3.10 use distribution lists that include people who have not given specific permission to be included in such distribution process;
9.3.11 send age-inappropriate communications or Content to anyone under the age of 18.
10. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1 hyperlinks, other than those specifically authorised by us;
10.2 keywords or words repeated, which are irrelevant to the Content Posted.
10.3 the name, logo or trademark of any organisation other than yours.
10.4 inaccurate, false, or misleading information.
11. Removal of offensive Content
11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3 If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
11.3.2 we shall remove the offending Content as soon as we are reasonably able.
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
11.3.4 we may re-instate the Content about which you have complained or we may not.
11.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
If you violate or allow any other person to violate Our Website, we reserve our rights to take legal action against you.
You agree that you will not, and will not allow any other person to:
12.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
12.3 download any part of Our Website, without our express written consent;
12.4 collect or use any product listings, descriptions, or prices;
12.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.7 share with a third party any login credentials to Our Website.
13. Copyright and other intellectual property rights
13.1 All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or Sellers. It is all protected by international copyright laws.
13.2 You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
14. Interruption to our Service
14.1 We give no warranty that our Service will be satisfactory to you.
14.2 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.
14.3 You acknowledge that our Service may also be interrupted for reasons beyond our control.
14.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, you acknowledge and agree that:
15.1.1 we, our affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.1.2 we are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
15.1.3 we are not responsible or liable in any manner for any site content (including the Content) posted on our Website or in connection with our Services, whether posted or caused by us or by third parties.
15.2 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
15.2.1 as to fitness of Our Website and our Services for a particular purpose;
15.2.2 as to availability and accessibility, without interruption, or without error;
15.2.3 any obligation, liability, or remedy in tort whether or not arising from our negligence.
15.3 In relation to any Product you buy through Our Website, we are not liable for:
15.3.1 any product or service complying with the requirement of any law or being available;
15.3.2 the Seller performing its contract.
15.4 To the maximum extent permitted by law, you expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and the Seller.
You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
16.1 a claim by any person in respect of any Product;
16.2 protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
16.3 any Content you post through Our Website;
16.4 any direct or indirect consequences of you accessing, using or transacting on Our Website or attempts to do so;
16.5 any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
16.5.1 the deletion or amendment of any text or other content you have placed on Our Website;
16.5.2 any payment we make on an ex gratia basis, arising from a contract between you and your customer;
16.6 legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
16.7 our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law;
16.8 any breach of this agreement;
16.9 any act, neglect or default of yours in connection with this agreement or your use of the Services; or
16.10 any contractual claim arising from your use of the Services and purchase of a Product.
17. Miscellaneous Matters
17.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.2 For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
17.3 If you are in breach of any term of this agreement, we may:
17.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
17.3.2 terminate your account and refuse access to Our Website;
17.3.3 remove or edit Content, or cancel any order at our discretion;
17.3.4 issue a claim in any court.
17.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6 When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
17.7 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.8 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17.9 This agreement does not give any right to any third party.
17.10 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
17.11 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.12 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
17.13 The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.