Page Text: My Shopping Terms of Service Agreement
This Agreement, applies to the listing, display and publication on www.MyShopping.com.au (the Site) of the merchant, store or product listing information and links (the Advertisement) submitted by you, the person or entity named and described in the online application to become a merchant (You or Your).
By placing an order for the Advertisement to be listed on the Site You agree:
You must complete and submit the online application form (the Application), confirming this Agreement is binding between You and MYSHOPPING AUSTRALIA PTY. LTD., ABN 24 164 419 354 (Us or We); and
to pay Us the applicable fees and charges specified in the program and/or payment plan you select from the Payment Plans and Rate Card and in accordance with this Agreement.
to pay Us the applicable fees and charges at the times and in the manner specified in the Payment Plans and Rate Card and in accordance with this Agreement.
You have the legal capacity and authority to enter into this Agreement.
You acknowledge and agree that:
We do not provide any assurances or guarantees regarding the performance or effectiveness of the Advertisement.
We do not assure or guarantee the site placement of Your Advertisement on the Site will be as you request or require.
We reserve the right to determine in our sole discretion where your Advertisement will be placed on the Site.
We are not responsible for any errors or omissions in any Advertisement that You provide Us.
You will check the Advertisement for errors once placed on the Site and advise Us immediately if there are any errors or if You require amendments to be made.
We are not liable for any malfunction or delays with the Internet including any fault that may prevent the full and proper display or operation of the Advertisement.
We are not liable for any loss or damage suffered by You as a result of any delay, error or omission with the publication of the Advertisement unless wilfully caused.
We may utilize and use tracking code on your website to collect sales data to allow Us to provide You with reports as to the effective of the Advertisement.
Comments or ratings of information contained in the Advertisement by users of the Site may not be favourable to You or Your product or Your store.
You will not offer an incentive (whether cash, prizes, discounts or otherwise) for a user of the Site to leave positive reviews or ratings of Your product or Your store.
In addition to placing the Advertisement on the Site, we may list, display and publish the Advertisement on other websites.
We may change the terms and conditions of this Agreement by placing a notice changes in the news section of Merchant Interface accessible through https://merchant.myshopping.com.au/AccSummary.aspx and providing a link to the updated Agreement. Your continued use of the Site after such notice is placed indicates Your consent to any amended terms and conditions.
You agree that the Advertisement must not:
infringe another person’s intellectual property rights (for example contains an unauthorised reproduction of another person’s copyright work or uses another person’s trade mark without the owner’s permission);
contain unauthorized links;
contain any defamatory or inappropriate statement;
breach the Trade Practices Act or any industry codes (whether voluntary or compulsory);
contain any statement or content that is negligent or that is likely to mislead or deceive; or
breach any other law, contravene any injunction or amount to a contempt of court.
For any intellectual property You provide Us in any way associated with the Advertisement, You grant to Us a royalty-free, non-exclusive and perpetual licence to use, reproduce, sub-license, disclose, modify and adapt that intellectual property for the purpose of displaying the Advertisement and providing any associated services.
We will not be liable to You for any actions, claims, damages, liabilities, costs, expenses, or losses in any way arising (including a breach of this Agreement or any negligent act or omission) out of or relating to the advertising services for an aggregate amount in excess of the fees paid by You to Us under this Agreement.
You may pay fees and charges to Us by credit card, charge card, debit card, BPAY or telegraphic transfer. We may keep your credit/charge/debit card on file and charge automatically based on the payment plan you have selected. If payment cannot be charged to your credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, or if you exceed your monthly maximum payment, We reserve the right to either suspend or terminate your account with Us and to charge you a handling fee of $25 for each such instance.
Your bids on listings are subject to Our then current minimum bid requirements for each respective category as specified in myshopping.com.au Rate Card and as may be determined by Us from time to time and posted on the Site.
You acknowledge and agree that if We raise the minimum bid requirements for any category, any bids that You have made which were at or above the previous minimum bid amount and which as a result of the increase are below the new minimum bid amount will be automatically raised to the new minimum bid amount.
We can change minimum bid requirements for any category at any time by posting any changes in the news section of Merchant Interface accessible through https://merchant.myshopping.com.au/AccSummary.aspx and by updating myshopping.com.au Rate Card .
If you fail to pay Your account in accordance with the My Shopping Rate Card and/or our standard trading terms then We reserve the right to:
Disable Your account with Us without notice.
Refuse the supply of further services.
Charge You interest on late payment at the rate of 12.5% per annum.
Recoup any collection costs We incur.
Where You have selected a payment plan that provides for a fixed maximum payment per month, you understand and agree that if your click-through fees, cost per impression fees or other charges equal or exceed your monthly maximum payment, then your Advertisement will be removed from the Site for the remainder of that month.
We do not permit use of robots or any similar devices on the Site that have the potential to artificially inflate click-through rates on the Advertisement. You agree that the click-through rates for the Advertisement, as used to establish the click-through fees You must pay to Us, will be determined solely and exclusively by our tracking mechanisms and processes.
You may only cancel Your account by sending us an email or submitting a request via the Merchant Interface accessible through https://merchant.myshopping.com.au/AccSummary.aspx .
Where you cancel your account pursuant to clause 14 above, you will within thirty (30) days receive a refund for unutilized prepaid click-through fees. No other refunds will be paid.
In no event will We be liable for special, indirect, incidental, consequential or punitive damages, costs, expenses or losses of any nature, including, without limitation, lost profits and opportunity costs.
You continually indemnify Us and Our officers, employees, contractors and agents (those indemnified) from and against all liability for any claims, actions, suits, losses, actual or contingent costs, damages and expenses suffered or incurred by those indemnified in connection with:
any breach of this Agreement by You (or any of Your officers, employees, contractors or agents);
any negligent act or omission by You (or Your officers, employees, contractors or agents);
any warranty given by You being, or subsequently becoming, untrue;
the listing or proposed listing of the Advertisement on the Site; and
Your actual or alleged breach of any law or codes of conduct in any way associated with this Agreement.
Where this clause refers to a person who is not a party to this Agreement We hold the benefit of this clause on trust for that person.
We offer a rewards program to users of the Site that enables them to accrue rewards points on purchases and redeem the points for vouchers and other special deals.
We will assign rewards points to Advertisements placed on the Site, and the Advertisements will then display the number of rewards points that a user will earn if they purchase the item the subject of the Advertisement. Rewards points will be assigned to Advertisements by Us in Our absolute discretion. Not all Advertisements will be assigned rewards points.
You may submit a request to Us by email or via the Merchant Interface accessible through https://merchant.myshopping.com.au/AccSummary.aspx for:
Your Advertisements to be assigned rewards points as part of the rewards program; or
For Your Advertisements to be excluded from the rewards program.
You may apply to participate in Our rewards program as a rewards provider by email or via the Merchant Interface accessible through https://merchant.myshopping.com.au/AccSummary.aspx . Acceptance or rejection of an application to participate as a rewards provider will be at Our absolute discretion.
You may participate in Our rewards program as a rewards provider at Our absolute discretion provided that You:
Install tracking software as directed by Us; and
Agree to provide Us with single-use vouchers with an agreed face value for redemption by users on Your online store, and at an agreed cost to Us.
We may provide your vouchers to users for redemption on Your online store. We will pay to You the agreed cost to Us of the voucher within sixty (60) days of the voucher being fully used by the user on Your online store.
If a user of the Site experiences technical difficulties when attempting to use a voucher provided by You, and the user notifies Us of the problem within thirty (30) days of the date of issue of the voucher, We may return the voucher to You, in which case You will fully refund to Us any amount paid by Us to You for the voucher within five (5) days.
We cannot and do not guarantee to You that files available for downloading through the Site or delivered via electronic mail will be free of infection, viruses or any other codes that may have contaminating or destructive properties.
We will perform the services in good faith, with due care and skill, but disclaim all other warranties, either express or implied.
Where any legislation such as the Competition and Consumer Act (2010) (Cth) implies into this Agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, Our liability for any breach of the condition or warranty is limited to, at Our option either:
the resupply of the Services; or
the reasonable cost of having the Services resupplied.
You may include links to the Site from other websites containing more detailed listings or information about Your business, products, prices or services.
The manner in which We collect, use and disclose personal information supplied by You in the Application is described in Our privacy policy, a copy of which can be found here .
We may give You a written notice terminating this Agreement (and removing the Advertisement from the Site), with immediate effect:
If You breach one or more of Your obligations under this Agreement;
If You (being a company), become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration;
If You (being a partnership), dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving;
If You (being a natural person), die;
If Your account with Us remains inactive for a period of 180 consecutive days; or
For any other reason, at our sole and absolute discretion.
We may post any form of notice to the news or notice section of the Merchant Interface, accessible through https://merchant.myshopping.com.au/AccSummary.aspx
In addition to your right to cancel Your account as outlined in clause 14, You may terminate this Agreement with immediate effect by notice to Us if We breach a material term of this Agreement that is incapable of being remedied.
If this Agreement is terminated by Us then We will stop performing the advertising services and in addition to terminating this Agreement:
We will retain any fees paid;
We will remove your Advertisement from the Site;
We will be regarded as discharged from any further obligations under this Agreement;
We may pursue any additional or alternative remedies provided by law;
You must pay Us the fees and charges that are, on the date of termination, due and payable under this Agreement; and
You must indemnify Us in relation to Our unavoidable and unrecoverable costs directly arising from the termination.
If this agreement is terminated by Us on the grounds of prolonged account inactivity (paragraph 23 e), We will cancel any credit on the account and will retain any remaining funds.
It is understood and agreed that each of the parties to this Agreement is an independent contractor and that neither party is, nor will it be considered to be, an agent or representative of the other. Neither party will act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other.
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then such provision will be null and void and will be severed from this Agreement, but each other provision is not affected and will continue to be valid and enforceable.
The parties agree that the terms of this Agreement are confidential.
The parties acknowledge that by virtue of this Agreement, each may be afforded access to, and acquire knowledge of the other party’s confidential information. The party receiving that information agrees that that information will not be disclosed to others or independently used without proper authorisation from the disclosing party.
If GST is or will be payable by a party on a supply under this Agreement, then the supplying party may, subject to issuing a valid tax invoice, increase the amount otherwise payable for the supply by the amount of such GST.
You must not assign, sub-contract or sub-license any rights or obligations under this Agreement without Our prior written consent.
You consent to Us transferring some or all of our rights and/or obligations under this Agreement.
This Agreement is governed by the laws of the State of New South Wales, Australia and each party unconditionally submits to the non-exclusive jurisdiction of the Courts of New South Wales.