Retailer Terms of Use

 

These terms of use apply to retailers whose products or promotions are featured on the setthat.com website and any pages that sit below that domain name (the Website) and who wish to make use of the facilities made available on the Website for such retailers after registering a Store profile (the Retailer, or “you”).

 

The Website is operated by SetsBuy Pty Ltd, ACN 156 116 639 (Set That or “us”). Our registered address is Level 1, 637 High Street, Kew East, Victoria, Australia. 

 

Retailer is only permitted to maintain a Store profile and use associated functionality of the Website if:

(a)           Set That and Retailer are party to a current, direct agreement (Retailer Agreement); or

(b)           Retailer is a party to a current agreement with an affiliate network provider where Set That also is a member of that network, and where the agreement through the network provider permits Retailer to feature products or promotions on the Website (Affiliate Agreement).

 

For the avoidance of doubt, to the extent that there is a conflict between these terms and conditions and the relevant Retailer Agreement or Affiliate Agreement (as the case may be), the terms of the Retailer Agreement or Affiliate Agreement will prevail.

 

Save as otherwise indicated in those terms, the general terms and conditions of the Website, including any policies and guidelines referred to therein, are incorporated into these Retailer Terms of Use by reference and form part of this agreement.  To the extent that there is an inconsistency between the general Terms of Use and these Retailer Terms of Use, these Retailer Terms of Use will prevail.

 

Relationship between Set That and Retailer

 

The parties agree that nothing in these Terms of Use is intended to create a relationship of agency, employment, consultancy or partnership between Retailer and Set That.  Retailer also acknowledges that:

  • the Website is designed to facilitate transactions between customers and Retailers;
  • Retailer provides content to the Website in respect of its products and promotions, which is hosted by Set That and made available through the Website;
  • Set That is not responsible for reviewing or controlling such content, but this does not affect Set That’s right to remove content that is in breach of these terms and conditions;
  • Set That is not a party to any transactions that may take place between customers and Retailer, and merely provides a means by which customers can be introduced to Retailer’s products and thereafter decide whether to buy them.

 

Accordingly, it is Retailer’s responsibility to deal with all aspects of transactions between a customer and Retailer, including any matters arising in respect of:

  • payment for Retailer’s products purchased by customers;
  • delivery arrangements;
  • refunds or product returns;
  • customer complaints.

 

Featured Promotions

 

The Website offers Retailers the ability to post promotional material in respect of the Store, some specific Brands and/or individual products available from the Retailer’s online store (a Featured Promotion).

 

Where Retailer posts a Featured Promotion, it must ensure that the Featured Promotion includes a link to the Store or at least one product available from the Retailer’s online store.  It must also nominate a period for which the Featured Promotion will be included on the Website.

 

At the end of that nominated period, SetsBuy at its discretion may continue to display a Featured Promotion on the Website, but is not obliged to do so.

 

Posting content

 

Retailer acknowledges and agrees that the ability to submit, post and access content on the Website is a privilege, not a right.  Accordingly, Set That has the right, at its absolute discretion and without any liability to Retailer, to do any of the following:

  • cease to operate any or all of the Website or discontinue any service or feature available through the Website;
  • reject any application for, or subsequently cancel, any Store profile;
  • restrict Retailer’s usage of the Website or the ability to post content;
  • refuse to make accessible through, or remove from, the Website any content that in Set That’s opinion offends, or is likely to offend, against any of the terms of this Agreement or any third party’s rights;
  • take legal steps or introduce technical measures to address any issue arising in respect of the Website, Retailer’s Store profile, and any use of the same,

whether temporarily or permanently, without notice to Retailer.

 

Retailer’s Store profile provides functionality whereby Retailer can post, upload or otherwise make available content on the Website (Retailer Content).  Retailer acknowledges and agrees that any Retailer Content that is uploaded, posted or otherwise made accessible through the Website whether directly or indirectly by Retailer is Retailer’s sole responsibility, and Set That does not routinely exercise editorial control over such content.  Retailer is solely responsible for ensuring that Retailer Content and Retailer’s dealings with other users of the Website comply with all applicable laws.   Retailer also must ensure that you comply strictly with the terms of this Agreement (including the policies and guidelines that form part of this Agreement) in respect of any Retailer Content.  

 

Content standards

 

Retailer agrees that it will not do any of the following when accessing the Website or any content, when submitting Retailer Content or when making use of the Website in any way whatsoever:

  • post any material that is threatening, abusive, defamatory, obscene, indecent or otherwise unlawful, or that is likely to be perceived as such;
  • engage in any conduct, or make any representation, that is false, misleading or deceptive;
  • infringe any third party right, including third party intellectual property rights (such as, without limitation, copyright or rights in respect of trade marks);
  • engage in fraudulent activity;
  • engage in conduct that is likely to cause harm or loss to any person or Set That;
  • copy, alter, or distribute any content on the Website without the prior written consent of Set That or as allowed by the tools of the Website;
  • seek to obtain, by any means, information about other users of the Website without their consent;
  • upload, provide hyperlinks to or otherwise seek to distribute computer viruses or other harmful programs or code;
  • post, upload, provide hyperlinks to otherwise seek to distribute or publish spam or unsolicited advertisements;
  • interfere with the operation of the Website in any way.

 

In addition to the foregoing, the following standards apply in respect of any Featured Promotion and other Retailer Content intended for inclusion on the Website. Retailer must comply with the spirit of the following standards as well as the letter.  In particular, Retailer must ensure that the content and information associated with any Featured Promotion or other Retailer Content:

  • is true and accurate;
  • complies with all applicable laws in Australia and in any jurisdiction from which the Retailer’s online store operates;
  • does not infringe any third party's rights, including Intellectual Property Rights;
  • does not contain links to any website, other than the Retailer’s online store;
  • does not contain material that is:
    • false or misleading, defamatory or abusive of any person;
    • pornographic, offensive or obscene;
    • published in breach of any obligation of confidentiality; or
    • likely to offend or constitute harassment of or be discriminatory toward any individual or group;
  • does not contain any proprietary or third party tracking software (whether tracking users, transactions, data or other information), computer virus, trojan or other form of harmful code;
  • will not interfere with the operation of the Website in any way.

 

By submitting any Retailer Content, Retailer:

  • represents and warrants to Set That that that Retailer Content does not and is not likely to offend against any of the prohibitions set out above;
  • grants Set That a non-exclusive, worldwide, irrevocable, royalty-free licence, to use and sub-license the use of any information and intellectual property rights (including copyright, trade mark rights and rights in respect of databases) contained in any such Retailer Content, including use of the same in a modified form, for the purpose of making that Retailer Content available on the Website or otherwise promoting or advertising the Website and its functionality;
  • represents and warrants that you have the right to grant a licence in the terms set out in the previous subparagraph.

 

Security

 

It is Retailer’s responsibility to ensure that any user name, password and any other security information associated with the Retailer’s Store profile are kept secure.  Set That is not responsible in any way for any consequences arising from Retailer failing to keep such data secure.