BEFORE ENTERING OUR SITE OR MAKING A PURCHASE, PLEASE MAKE SURE YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS BELOW
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. Application
to be a registered user
SDS only accepts purchase orders that are submitted through our
shopping cart system. In order to complete an order and make payment, you must
register to become a member and process your order online.
You may apply to be a registered user if you fill out an on-line application
form available on this Site by giving your personal information such as your
name, address, telephone number, email address and other details.
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.
SDS may, at its sole discretion, suspend or terminate your registration without
notice if SDS believes that the following events have occurred:
You have breached the terms
and conditions of this Agreement;
The information provided by
you are incorrect, untrue, misleading and fraudulent, or;
Your action may cause
damage to SDS or other users.
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.
4. Ordering
and payments
If the item you ordered becomes unavailable from our merchants, SDS
will attempt at best to immediately notify you.
SDS can only reserve an item for you once a payment has been received.
With credit card or PayPal payments, usually the item will be reserved for
you immediately (subject to availability) as we automatically receive your
electronic payment. With payments via direct bank deposit, cheque or money
order, however, there may be some delay before we receive the payment,
during which time the item may become unavailable. It is highly recommend
that you pay your item as soon as possible to avoid this from occurring.
To protect SDS and our customers from internet fraudulent activity, there are
certain circumstances in which we may ask for proof of identification before
processing the purchase order. These circumstances may include:
Orders where billing and shipping addresses are different;
Orders that are made from high risk countries, or anonymous
and transparent proxy servers;
Orders that are made using free e-mail addresses;
Payments made using PayPal account where billing name or
e-mail and PayPal account holder name or email are
different, or PayPal credit card or bank transfer payments, or;
Any orders that have been flagged by the payment gateway as high
risk for fraud.
Proof of identification may include photocopy
of credit card used for purchase, photo ID, or utility bills. If we do not
receive any proof of identification when it is requested, we will
cancel the purchase order and refund the purchase amount to the
holder of the account used for payment, minus 1.5% credit card transaction fee or 2.4% PayPal transaction fee.
5. Cancellation
of purchase orders
You can only cancel a purchase order if the item has not been delivered by our
merchants and within 3 working days from the date of purchase. Should the item
has been despatched, order cancellation may incur a restocking fee from our
merchants. Returned item must be in new, undamaged and resellable condition, with its original packaging package unopened. The initial transaction fee (1.5% for credit card payment and 2.4% for PayPal transaction) and the initial postage and handling charges will be deducted from the refund amount.
SDS reserves the rights to cancel purchase orders that have been made
before the delivery of the item, if any of the following occurs:
The purchase is deemed or suspected to be part of fraudulent
activity, including unauthorised purchase from one's credit card;
The product purchased becomes unavailable from the merchant,
or;
The product purchased is not available at the price that
was originally provided from the merchant to SDS due to price increase or
pricing error.
In the unlikely event that SDS has
received any payment before delivery for the purchase of the product under the
above circumstances, SDS will refund the amount that has been paid in
relation to the purchase, including postage and handling charges. However, 1.5% credit card transaction fee or 2.4% PayPal transaction fee will be deducted from the refund amount. The only exception is if the product that we have previously stated as available becomes unavailable.
6. Postage and handling
Our merchants use a number of registered delivery services,
including Australia Post's eParcel and other established courier
companies, including DHL, UPS and FedEx, that will deliver your item to
your nominated shipping address.
If no one is available to attend the parcel at the nominated address during
delivery, the courier service will leave a card stating that your item is
available for you to collect from your local Post Office or nearest courier
service centre for a certain period of time. You may be able to arrange
re-delivery to the nominated shipping address with some courier companies,
however, SDS will not be held responsible for the cost of re-delivery if
applicable. If the item has been returned to us or to the merchant
because it was not picked up from the post office or courier centre, or because
a re-delivery arrangement was not made, then the customer will be responsible
for any re-shipping charges that may apply.
SDS does not accept a PO Box address as the nominated shipping
address. A home, business or street address is required for the
delivery of parcels. These addresses need to be entered to our system
during checkout or registered to our database previously. We cannot process any
delivery to addresses stated only in correspondence emails without being
entered to our database electronically. If payment has been made for the
purchase and delivery to PO Box addresses or unregistered addresses, we will
refund this payment and request our customer to re-enter a different address
and register it to our system via the shopping cart and checkout process.
Products purchased from SDS have varying postage and handling time depending on
the merchants supplying the products. Information regarding the delivery time
is stated on the product information page. SDS will process approved orders
within 24 hours of purchase and instruct our merchants to despatch the item
once payment has been accepted and approved.
You may
specify time and day preference for delivery in the special message box
provided during checkout. SDS will pass on this information exactly to the
merchant and usually they will try to meet this requirement, sometimes by
contacting you first. However, SDS does not guarantee that this
requirement will be met, and does not have any control over the actual process
involved.
7. Warranty and returns
Most of the products purchased from SDS come with varying warranties and return
policy depending on the merchants supplying the product. Please ensure you
understand the warranty and return policy of the item before finalising its purchase.
SDS does not make any warranties or representations regarding the quality,
accuracy, merchantability or fitness for purpose of any product offered by
merchants via the Site or that merchants will complete orders made via the Site.
SDS relies on information supplied by a number of external sources and
content posted by third parties, including merchants offering products for sale
and the content of any messages or reviews. As SDS does not control the content
posted by third parties on the Site, we cannot and do not warrant the accuracy,
completeness, integrity or quality of such information or content. We do not
warrant the information provided on the Site is free from human or automated
error. You must not rely on any information presented on the Site. Reliance is
solely at your own risk.
In
the unlikely event of receiving faulty or damaged product, you need to contact
us and give a detailed description of the problem, as well as your order or
invoice number. If it is found that the product is faulty, either us or
our merchant will exchange it at no cost to you. If neither us, nor our merchant,
has any more of the product in stock, then a full refund will be provided
immediately.
If you receive a different item than what you ordered (e.g. wrong model or
colour), you may exchange it as long as it is still in as new,
undamaged condition and in its original packaging. You
must notify us within 7 days from the date of your product being dispatched if
you wish to exchange or return your item.
All items to be returned or exchanged must be provided with a completed RA
form, which you could obtain by contacting us if we have not sent one out to
you already. Any return claims without a completed RA form will not be
processed. After we receive and review your claim, we will provide you
with further instructions on how the item should be returned.
It is important to note that the initial transaction fee (1.5% for credit card payment
and 2.4% for PayPal transaction) and the initial postage and handling
charges when purchasing the item will not be refunded.
If the item becomes faulty or damaged during transit or within the first 7 days
after we dispatch it, then SDS or our merchants will cover
the postage costs. If the item received is not what you ordered (e.g.
wrong model or colour) and you notify us within 7 days from the date of
your product being dispatched, then SDS or our merchants will also cover
the postage costs. During the warranty period, after the first 7 days of
the item being dispatched, you will need to cover the return shipping costs to
us or to the merchant, if they are managing the warranty.
8. Payment refunds
SDS will process all of payment refunds as soon as it has been authorised,
usually on the same day of the authorisation date. However, some
delay may occur with the corresponding financial institution or with PayPal. It
may take up to 1-2 weeks before the payment refund arrives in your bank, credit
card, or PayPal account.
9. 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.
10. 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.
11. 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.
12. 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.
13. Intellectual
property rights
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.
14. Relationship
between the sellers and buyers
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.
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.
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.
15. Disclaimer
and limitation of liability
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.
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.
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.
You must indemnify SDS and its personnel against all loss, actions, demands,
proceedings, costs and expenses (including legal fees), claims and damages
arising from:
Any
breach by you of the terms and conditions of this Site or third party sites;
Reliance
by you on any information obtained through this Site; or third party sites;
Your
access to this Site or other third party sites, or;
Reliance
upon or use of any content by any person accessing any content through your
website.
16. 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.
17. Notices
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.
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.
18. 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.
19. 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.
20. 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.
Contact
Details
Student Discount Shopping Pty. Ltd.
Mailing Address PO Box 7507
St. Kilda Road, VIC 8004
Australia
