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Website Terms of Use

 

Thanks for using Set That.  This 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. 

 

“You” or “your” means you, being either an adult user of the website acting independently or the parent or guardian for any child under the age of 18 whom you allow to access the website and its content and functionality and for whose actions you agree you will be held strictly responsible.

 

These terms and conditions of use, together with any additional policies, notices and disclaimers referred to below (collectively the Agreement), govern your use of the services at setthat.com and any pages that sit below that domain name (the Website).

 

By accessing and using the Website and any information or material available from it (collectively Content), and using any functionality offered through the Website, you agree to be bound by this Agreement.

 

Individual retailers with a presence on the Website (Retailer) also may have additional terms and conditions specific to the use of their website.  You also should read carefully any such retailer terms and conditions available on their websites, as these will apply to your dealings with the relevant Retailer through their Website.  Set That is not responsible for the terms and conditions of any Retailer or other third party site to which a link is found anywhere on the Website.

 

Retailers promoting their products on our Website have agreed to specific Retailer Terms of Use for how those products may be displayed and used on this website.  Those terms can be found Here.

 

Set That may amend the Website and the terms of this Agreement from time to time without notice.  Such amendments take effect from the date on which they are posted on the Website.  It is your responsibility to review the terms of this Agreement for any changes that may affect you.

 

The Website and its processes are designed for use by Australian residents.  If you are not an Australian resident then you are responsible for investigating and confirming whether your proposed use of the Website and access to its Content is lawful in the country in which you reside.  Where the Website or any of its Content would otherwise breach the laws of another country, it is not directed to persons in those countries and they should not use the Website.

 

This Agreement is governed by the law applicable in Victoria, Australia, and you and Set That irrevocably and unconditionally submit to the non‑exclusive jurisdiction of the courts of Victoria, Australia.

 

  1.       Your relationship with Set That

 

The Website allows you to engage in a number of activities, including:

  • accessing information about Retailers and their products;
  • purchasing products from Retailers;
  • creating sets for publication;
  • registering as a member of the Set That Website community.

 

The Website is designed to facilitate transactions between customers (such as yourself) and Retailers. Each Retailer provides content to the Website, which is hosted by Set That and made available through the Website. Set That is not responsible for reviewing or controlling Content provided by Retailers.

 

The Website also is designed to promote combinations of individual products available from multiple Retailers, called a Set

 

  1.       Purchasing products

 

The Website is designed to showcase products that are available for purchase from Retailers.  Note that the products available through the Website will vary from time to time and some products shown may no longer be in stock at the relevant Retailer or may otherwise be unavailable.  All reasonable endeavours are made to keep the product data up to date, however this depends on the frequency of the data uploads from the relevant Retailer.  If a product is out of stock, we have designed the system to display that information if we have received it from the Retailer.

 

Links displayed on the Website are designed to take you to an external website controlled by the Retailer of the relevant product (whether goods or services) the subject of the link.  If you thereafter choose to purchase the product, the legal contract will be between you and the Retailer.  Set That is not a party to any such transactions, but merely facilitates them. 

 

You acknowledge and agree that Set That is not a party to any transactions that may take place between you and a Retailer, and merely provides a means by which you can view Retailers’ products and thereafter decide whether to buy them.  You are responsible for ensuring that you comply with your obligations to Retailers, including any obligations concerning payment for products you buy. 

 

You must be at least 18 years old to make purchases facilitated through the Website.  You agree that you will not attempt to acquire products in transactions facilitated through the Website unless you are at least 18 years old. 

 

By using the Website and its facilities, you warrant and represent that you are either over 18 years old and otherwise have the capacity to enter into legally binding contracts, or if you are under 18 that you are over 13 years old and your parent or guardian has seen these terms and conditions and given you permission to use the Website.  The site is not designed for children under 13.

 

You acknowledge that notwithstanding any prices displayed on the Website for a product, it is the Retailer that determines the price charged for the product.  Most Retailers provide regular updated product data to Set That.  The prices displayed on the website are only as accurate as the data provided to us.

 

Set That cannot guarantee that prices displayed on the Website from time to time reflect the Retailer’s then current price for the product.  It is your responsibility to ensure that all details of any ultimate transaction between yourself and a Retailer are correct and acceptable to you

 

  1.       Delivery arrangements

 

Set That is not involved in the delivery of products to you; such arrangements are made by the relevant Retailer of the products in question.  Any delivery costs are to be paid by you in accordance with the Retailer’s terms and conditions.  You are responsible for ensuring that any delivery details you provide are correct. 

 

In some cases, products may be not be available for delivery to some locations.  Where this is the case, you are responsible for ensuring that your transaction will comply with all applicable laws of the destination country, and Set That makes no warranty or representation that the relevant products or the purchase of them comply with such laws.   You are also responsible for paying any applicable taxes, customs duties and fees levied in respect of the product.

 

  1.       Returns, refunds, exchanges and complaints

 

Subject to applicable statutory or other legal rights that you may have, each Retailer is responsible for its own policies regarding returns, refunds and exchanges. Set That has no involvement in the manner in which a Retailer implements such policies and has no input into decisions made in respect of individual purchases.  You agree that Set That is not responsible for, nor required to provide, any refund, return or exchange in relation to a product purchased in a transaction facilitated through the Website, and that your rights are as against the relevant Retailer.

 

Similarly, Set That cannot give any warranty or undertaking that products displayed on the Website will be of merchantable quality or fit for any particular purpose.  To the fullest extent permitted by law, Set That disclaims any such warranties.

 

Complaints about products or Retailers should be directed to the relevant Retailer in the first instance.  Set That may assist in helping you to resolve a dispute with a Retailer, but is not obliged to do so.

 

  1.       Website access

 

Not all sections of the Website are accessible to all visitors.  In some cases you will need to be a registered member of the Website to access certain parts of its Content. Examples of where this is the case include, but are not limited to, following a Set creator, reviewing a Retailer’s store or commenting on a friend’s Sets.  From time to time Set That may restrict access to the Website or specific Content generally, or to particular persons, at its complete discretion. Without limiting the foregoing, Set That also may prevent you from using the Website or accessing Content if you breach any part of this Agreement.

 

You acknowledge that some functionality offered on the Website will require the computer from which you access the Website to accept and maintain “cookies” and similar tracking code.  For details about this and other aspects of the way we manage and use your data, please refer to our Privacy Policy.

 

Set That does not guarantee that the Website will be available or accessible at any time, or that your access to it will be uninterrupted.  You agree that Set That will not be liable if the Website is unavailable for any reason.

 

When using or accessing the Website or any Content, applying for membership or submitting Content, you must not:

  • provide any false, misleading or incorrect information;
  • apply or upload any computer virus or other harmful code or software;
  • hack or otherwise attempt to gain unauthorised access to any part of the Website;
  • do anything that will disrupt the operation of the Website;
  • engage in fraudulent activity;
  • breach any law or regulation; or
  • attempt to do any of the things listed above. 

 

If Set That suspects that you have breached this Agreement in a manner that breaches any applicable law, Set That may report your conduct to an appropriate authority and may provide information about you to that authority.

 

You also acknowledge and agree that the ability to submit, post and access Content on the Website is a privilege, not a right.  Accordingly, you agree that Set That has the right, at its absolute discretion and without any liability to you, 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 member account;
  • restrict your usage of the Website or the ability to access 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, your use of it and any Published Content,whether temporarily or permanently, without notice to You.

 

  1.       Content of the Website

 

While Set That makes all reasonable efforts to ensure that the Content presented on the Website is accurate, up-to-date and based on current products available from Retailers, such Content is provided on an “as is” basis.  The inclusion of Content on the Website does not constitute an endorsement by Set That of any product the subject of the Content or any recommendation concerning them.  Your use of the Website and selection of products is entirely at your own risk.

 

Whilst we want to encourage you to buy, add, share, comment and/or review products, Sets and stores that are on the website, all intellectual property rights in the Website and Content (including brand names and logos depicted therein) are owned by Set That or its third party licensees, and relevant Retailers.  Nothing in this Website is intended to give to you any licence to make use of any of those intellectual property rights in any way.  Save as permitted under Australian legislation, or with Set That’s prior written consent, or through the functionality provided on the website as part of its normal function, you must not:

  • reproduce, download or distribute any Content;
  • modify, decompile or reverse engineer any Content, or attempt to do so;
  • use or apply any Content for commercial purposes;
  • frame any Content on any other website;
  • save as permitted by functionality of the Website expressly provided for the purpose of publishing a link to specific parts of the Website, create a link to any part of the Website other than the home page;
  • make any representation that you or goods and services offered by you have any connection with Set That, a Retailer, the Website or products depicted on it.

 

The Website contains links to websites operated by third parties, including Retailers.  The content and operation of such websites is outside the control of Set That, and you use such links and websites entirely at your own risk.

 

The Website also includes Content that contains reviews, commentary and other material posted by third parties (Third Party Content).   Although Set That reserves the right to moderate any and all Content, including Third Party Content, Set That does not monitor Third Party Content and you agree Set That is not liable for the accuracy or compliance with any applicable laws of that Content.  Accordingly, Set That makes no warranty or representation about any aspect of Third Party Content, and you access such content entirely at your own risk.

 

Set That does not represent that any Content (including Third Party Content) accessible through the Website, or the content or operation of any third party website to which a link is provided on the Website, is free from computer viruses or other harmful code.  It is your responsibility to have in place such appropriate technological security measures as you deem appropriate. 

 

  1.       Content submitted by you

 

Parts of the Website may provide functionality whereby you can post, upload or otherwise make available Content (Published Content).  You acknowledge and agree that any Published Content that is uploaded, posted or otherwise made accessible through the Website whether directly or indirectly by you is your sole responsibility, and that Set That does not routinely exercise editorial control over such Content.  You are solely responsible for ensuring that Published Content and your dealings with other users of the Website comply with all applicable laws.   You 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 Published Content.  

 

Nothing in this clause affects Set That’s right to remove Content as permitted elsewhere in this Agreement.

 

Further, when you access Published Content of third parties, Set That does not guarantee that that Published Content will be free of unsafe, objectionable or unlawful material.  Whilst we take reasonable steps to maintain the integrity of the Website and its Content, you agree that you access Published Content at entirely your own risk.

 

You agree that you must not do any of the following when accessing the Website or any Content, when submitting Published 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 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.

 

By submitting any Published Content, you:

  • represent and warrant to Set That that that Published Content does not and is not likely to offend against any of the prohibitions set out above;
  • grant 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 Published Content, including use of the same in a modified form, for the purpose of making that Published Content available on the Website or otherwise promoting or advertising the Website and its functionality;
  • represent and warrant that you have the right to grant a licence in the terms set out in the previous subparagraph.

 

  1.       Information supplied by you

 

You will need to register as a member of the website, providing some personal information, to use some of the functionality available on the Website.  Examples include, but are not limited to, creating sets, sharing information with others, adding things for later reference, and posting comments or reviews.  You agree that Set That can use that information for the purpose of providing you with news, offers and information about Set That, our participating retailers and promotions run by Set That, as well as for the purposes set out below.

 

By providing any such personal data or other information you agree to the terms of the Set That Privacy Policy.  You warrant that any information that you provide in connection with the Website and orders you place under it is and will be at all times true and correct.

 

  1.       Additional terms when contributing a Set

 

9.1       Posting Sets

 

The Website also provides functionality that allows you to create and upload Sets (each a Published Set) for presentation to other visitors to the Website, subject to you creating an account on the Website and complying with this Agreement.  A Published Set constitutes Published Content for the purposes of this Agreement, and the conditions governing Published Content apply.

 

For the avoidance of doubt, the provisions of this Agreement relating to the payment of Commission do not apply in respect of any Published Sets created or uploaded by a representative of any Retailer; no Commission is payable by Set That in respect of such Published Sets or Transactions associated with them.  Where a Retailer (or a representative thereof) wishes to create and upload a Published Set, the remainder of this Agreement will, however, continue to apply.

 

9.2       Commission

 

Set That may from time to time remit to you a payment (a Commission) in respect of a purchase effected by a consumer following a link featured in a Published Set where the consumer buys a product from the relevant Retailer as a result (a Transaction).  The amount of the Commission is determined by Set That from time to time at its absolute discretion.  Commission is currently set at 2% of the Set That advertised price of the product on which the consumer followed a link, or the maximum commission received by Set That if the retailer pays less than 2% commission on that product, whichever is the greater.

 

In order for you to be eligible for a Commission, you must:

  • create and maintain an account on Set That (your Set That account);
  • hold and maintain a current PayPal account, unless you nominate that Commissions are to be donated to a charity featured on the Website;
  • provide all requested information about yourself, including information about your PayPal account and ABN (where applicable); and
  • ensure that such information remains current and valid at all times, and promptly update the information if it changes.

 

When the completion of a Transaction is confirmed by a Retailer as being attributable to a Published Set, the Commission in respect of that Transaction will be able to be seen as a pending amount on the set under your Profile Settings for your Set That account.

 

If a Transaction is reversed, including because the purchaser returned the item to the retailer, the Commission in respect of that Transaction will be reversed. 

 

Commissions will only become payable when and if:

  • Set That is satisfied in its absolute discretion that the Transaction underlying each Commission is a genuine, arm’s-length transaction between the relevant consumer and Retailer;
  • the aggregate value of all pending Commissions exceeds a threshold amount determined by Set That from time to time and communicated through the FAQs;
  • save where you elect to donate Commissions, your relevant PayPal account details have been correctly provided to Set That and remain current. 

 

For the avoidance of doubt, Set That makes no warranty and provides no guarantee that any Commission, or any particular total amount of Commissions, will be generated by a Published Set.

 

9.3       Set creation intended only as a non-commercial pursuit

 

By creating and thereafter maintaining your Set That account, you represent and warrant that the posting of Published Sets is done solely as a private recreational pursuit or hobby, or is an activity by you of a wholly of a private or domestic nature, and is not done as part of any commercial enterprise.

 

Unless you notify us prior to Commission becoming payable to you that the foregoing representation and warranty above is not correct, you must indemnify us against any tax consequences arising from that representation and warranty being incorrect in any way.

 

9.4       Taxes, payment and donations

 

Terms used in this clause 9.4 that have a defined meaning under the A New Tax System (Goods and Services Tax) Act 1999 have the meaning set out in that legislation (as amended from time to time).

 

Unless otherwise stated, all Commissions paid to you are exclusive of any GST or similar value added tax or sales tax, and it is assumed by us that no such tax is payable to you.  It is your responsibility to advise us if your circumstances are such that GST or similar value added tax or sales tax is payable, and to provide us with such additional information as we reasonably require to satisfy ourselves of the same, including a valid tax invoice.

 

Set That also reserves the right to withhold part of Commissions payable to you if it appears in Set That’s reasonable opinion that it is required to do so under any applicable tax legislation.  Where this occurs, you will be notified and given the opportunity to demonstrate to Set That’s reasonable satisfaction that the relevant transaction does not attract an obligation on the part of Set That to withhold part of the Commission payable.

 

You otherwise are responsible for the payment of any and all taxes associated with the receipt by you of any Commission.

 

The Website includes functionality that allows you to nominate that Commissions be paid to one of a number of charities featured on the Website rather than you.  Where you indicate that you wish for that to occur, Set That will donate Commission payable to you (and subject to the other terms and conditions set out herein) to that charity.

 

9.5       Deactivation, Suspension and Deregistration

 

You may deactivate your account on Set That at any time.  During the period of deactivation, no further commission will accrue on your Published Sets.  If you reactivate your account within twelve months, any commissions that you accrued prior to your deactivation will still be available to you.  However, if you do not reactivate within twelve months, any outstanding commissions will revert to Set That and your commission balance will be reduced to zero and you agree will not be payable to you. 

 

Set That may, in its absolute discretion, suspend your Set That account if you engage in conduct that Set That deems to be improper, illegal or adverse to the operations of the Website or it appears that your account may have been illegally accessed.  During the period of suspension, Transactions involving your Published Sets published by you will not attract a Commission.

 

Published Sets associated with deregistered accounts attract no Commission entitlements.  If your Set That account is deregistered for any reason, any Commission accrued up to the date of deregistration and not claimed will be deemed to be reduced to zero on the day of deregistration and you agree will not be payable to you. 

 

Set That may also remove from the Website any and all Published Sets for any reason at its absolute discretion.

 

9.6       Liability in respect of Commission

  

You acknowledge that Set That’s ability to trace a purchase from a Retailer to a consumer accessing a Published Set is dependent on factors beyond the reasonable control of Set That, including the provision of correct and complete data by the Retailer and consumer involved in a Transaction, and the operation of third party software and systems.  Accordingly, without limiting the other parts of these terms and conditions you agree that Set That will not be liable to you in respect of any Commission on a Transaction unless and until Set That is able to confirm all details of the Transaction.

 

To the fullest extent permitted by law, and other than in relation to any liability which under law cannot be excluded, you agree that Set That is not liable for any costs, damages or other loss in connection with any Commission entitlements.  To the extent that Set That is unable to exclude liability, you agree that Set That’s liability to you in respect of Commissions is limited to fifty Australian dollars ($50).

 

Save for any statutory warranties that cannot be excluded, Set That expressly disclaims any warranty, whether express or implied, concerning Published Sets, Transactions and Commissions. 

 

  1.       Security

 

While Set That takes appropriate technical and organisational measures to safeguard the personal data that you provide to Set That, no transmission over the internet can ever be guaranteed to be secure.   Accordingly, Set That does not guarantee the security of any information that submit to the Website.

 

If you become a registered member of the Website, it is your responsibility to ensure that your user name, password and any other security information are kept secure.  You must never disclose your password to anyone.  If you do share your password or your personal information with others, you agree that you will be responsible for all actions taken and transactions conducted under your membership account.

 

If you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change it.

 

  1.       Liability

  

To the fullest extent permitted by law, and other than in relation to any liability which under law cannot be excluded, you agree that Set That is not liable for any costs, damages or other loss in connection with your use of the Website, Content (including Third Party Content) or the purchase or use of products from a Retailer.

 

Save for any statutory warranties that cannot be excluded, Set That expressly disclaims any warranty, whether express or implied, concerning the Website, its Content and the facilities available through the Website. 

 

Without limiting the foregoing, you agree that Set That will not be liable to you for any loss of profit, loss of data, loss of use, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused including, without limitation, due to breach of contract, negligence or breach of statute which may be suffered or incurred by you or which may arise from or in connection with your use of or access to Website, its Content and the facilities available through the Website, or any third party websites to which a link is provided on the Website.

 

  1.       General provisions

 

This Agreement, together with the Set That Privacy Policy, constitutes the entire agreement between the parties as to its subject matter, and supersedes all prior representations and agreements in connection with that subject matter.

 

A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.

 

Set That does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy.  A single or partial exercise of a right, power or remedy by Set That does not prevent another or further exercise of that or another right, power or remedy.  Any waiver of a right, power or remedy by Set That must be in writing and signed on behalf of Set That.

 

If you have a complaint or a dispute in relation to any aspect of the Website, Content or this Agreement, you agree to contact Set That at the address given at the head of this agreement as the first step in resolving that complaint or dispute.  We will use reasonable efforts to resolve the complaint or dispute with you, failing which you agree that you may pursue such other remedies as may be available to you.  Nothing in this Agreement prevents either party from seeking urgent interlocutory relief.