Equiem Services Pty Ltd – April 2017
User Agreement - Terms and Conditions
Please do not proceed to use this Portal until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist.
Equiem Services Pty Ltd
Phone: 03 9628 2470
1.1. This document (“Agreement”) is a legal contract between You (the user of the Darling Park Portal) Darling Park Portal (“the Portal”) and Equiem Services Pty Ltd (ACN 74 158 834 256) of Level 6, Rialto South Tower, 525 Collins St Melbourne Vic 3000) the operator of the Portal (“Equiem”).
1.2. The following are the terms and conditions for the Darling Park Portal. By visiting and/or using the Portal you accept these terms and conditions and agree to be bound by them. Equiem may change this Agreement from time to time and any changes are effective immediately on posting the modified Agreement on the Portal.
2. Unauthorised Activity
2.1. You must be a registered user to access this Portal and use its features. You may not use another member’s registration. When registering you must provide accurate information, and keep this information accurate over time on the My Account page. You are solely responsible for any activity, including purchases and posting of comments, that occurs under your registration. If you suspect any unauthorised use of your account, you must change your password and notify Equiem immediately.
2.2. You must be over 18, possess the legal capacity to enter into this Agreement, and agree to follow these terms and conditions, to register and use this Portal.
3. Using the Portal
3.1. Equiem may change the Portal at any time, does not guarantee that all features of the Portal will be retained over time, and may close the Portal at any time. Equiem may terminate your account or restrict Your access if it reasonably considers there has been a breach of this Agreement by You.
3.2. You must not access (or attempt to access) the Portal by means other than through the interface provided by us. You must not engage in activity that interferes with or disrupts the Portal or the servers and networks that host the Portal. You may not use, copy, distribute or commercialise any information on the Portal (“Content”) or any information generated by it (“Data”) without Equiem’s prior written consent. You must not circumvent, disable or otherwise interfere with any security features of the Portal. You must not engage in any fraudulent, abusive or illegal activity in using this Portal, including breaches of this Agreement, and any such activity may be referred to appropriate law enforcement agencies.
3.3. The promotion of goods or services on this Portal are invitations to treat only. Equiem does not sell or guarantee these goods and/or services. Equiem will pass your offer to purchase (or order) in response to the invitation to treat to the provider of those goods and/or services. Such order is subject to the terms and conditions of this Agreement, and any specific terms and conditions specified by the third party. Your offer is to purchase at the price specified, plus any additional charges for delivery specified separately in the invitation to treat.
3.4. Equiem and the provider of the goods and/or services offered reserves the right to accept or reject your offer for any reason, including unavailability or an error in the description or price, and if your order is rejected Equiem will provide a full refund of any payment received. Once an offer is submitted, You cannot cancel your order.
3.5. If You have purchased goods and/or services on behalf of someone else, You as the registered user remain fully liable for all costs and for procuring compliance by the recipient with this Agreement and with the provider’s terms and conditions. You must not supply and goods and/or services to anyone under the age of 18 under any circumstances.
4. Price, Payment and Delivery
4.1. The prices of goods and/or services and other charges are shown in Australian dollars and include GST, unless expressly stated otherwise. Prices may change rapidly and are current only at the time of display. All payments must be received in full before an offer is passed onto a provider.
4.2. If accepted by the provider, your offer will be delivered to You in the manner specified on the Portal. Some goods and/or services may only be available for delivery or consumption during certain periods or within certain time limits. Equiem cannot be held responsible for any loss suffered as a result of a cause beyond or reasonable control, including loss or damage during delivery. Unless you have selected delivery of goods or services via the Building’s concierge staff, you are responsible for collection of any goods or services, including collecting them within any recommended or reasonable time limits. The provider, not Equiem, is the seller and supplier of the goods or services you have ordered and is solely responsible for any orders you place.
4.3. You acknowledge and agree to Equiem receiving a commission from the revenue generated from the sale of goods and / or services through the Portal.
5. Refund Policy
5.1. Equiem aims to provide you with a convenient, cost effective method of purchasing goods and/or services. Equiem relies on our providers to supply these goods and services to you. If you have any complaints about the goods and/or services ordered through the Portal, please notify the provider and Equiem as soon as possible. While Equiem is not liable for any claims you may have against the provider, Equiem will use reasonable efforts to resolve disputes with the provider.
5.2. Equiem will only issue a refund at its sole discretion and in circumstances where the provider has not supplied the goods and/or services and you have not caused or contributed to that non-supply in any way. You must have provided notice or your request for a refund within 14 days of purchase. Equiem will not issue a refund if you have changed your mind, or you are unable to use or take delivery of the goods and/or services. Your refund request must be sent from the email address that is registered on your Equiem account, and include all details of the purchase and reasons for the refund request. We may request more proof and investigate the request with the provider. Any refund issued will be issued in a manner at Equiem’s discretion. Any refund is not an admission of liability by Equiem. If Equiem refuses refund request You may seek a refund directly from the provider.
6. Email Policy and Links to Third Party Sites
6.1. You consent to receive certain emails from Equiem. Emails are essential for purchase confirmation and account management. You have the option to receive emails containing information on products and the Portal generally. For any concerns or problems contact email@example.com
6.2. The Portal may include links to third party sites that are controlled and maintained by others. Any link to other internet sites is not an endorsement of such sites and You acknowledge and agree that we are not responsible for the content or availability of any such sites.
7.1. Equiem will provide the Portal and any related services with due care and skill but the Portal is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Equiem makes no warranty that the functionality of the Portal will be uninterrupted or error free, that defects will be corrected or that the Portal or the server that makes it available are free of malicious code, viruses or anything else, which may be harmful or destructive.
7.2. You agree and acknowledge that neither Equiem nor the owners of the building to which the Portal relates (“the Building Owners”), are the supplier of the goods and/or services that are displayed on the Portal, and the ultimate provider is the third party as specified on the Portal which has sole responsibility for providing the goods and/or services ordered through the Portal.
7.3. For the removal of doubt, the User is not entering into any relationship or agreement with the Building Owners and the User has no claim against the Building Owner in relation to the Portal or the provision of any goods and/or services ordered through the Portal.
7.4. To the maximum extent allowed by law, Equiem and the Building Owners exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the Content and/or Portal including, but not limited to, loss or damage you might suffer as a result of:
7.4.1. personal injury or property damage of any nature resulting from your access to, and use of, the Portal and any purchases of goods and/or services acquired through the Portal;
7.4.2. errors, mistakes or inaccuracies on the Portal;
7.4.3. you acting, or failing to act, on any information contained on or referred to on the Portal and/or any linked site;
7.4.4. defamatory, harmful, offensive or unlawful conduct of any user of the Portal;
7.4.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
7.4.6. any interruption or cessation of transmission to or from the Portal;
7.4.7. any malicious code, viruses or communications which may be transmitted to or through the Portal by any third party; and/or
7.4.8. failures in relation to the merchantability or fitness for any purpose of any goods and/or services offered or provided on any linked sites.
7.5. Equiem takes reasonable efforts to monitor orders and ensure they are provided accurately and successfully to providers, provide a high quality internet portal experience for users, and select reputable, consistent and high quality providers. However, except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods and/or services advertised, offered by or acquired from a third party through the Portal or any linked site or featured in any advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods and /or services.
7.6. Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Equiem by you in relation to the goods and/or services in question.
7.7. It is your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and/or services, prior to proceeding with any booking or services.
8. Liability and Indemnity
8.1. You agree to indemnify and hold Equiem and/or the Building Owners and their employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Equiem and/or the Building Owners arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Portal.
8.2. To the maximum extent allowed by law, Equiem accepts no liability for issue of refunds in relation to the goods and/or services supplied or to be supplied under this Agreement. If Equiem is liable, its liability is limited to the provision of the minimum remedies required at law. Equiem accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider of goods and/or services in connection with the Portal. If Equiem’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the transaction or the minimum remedies required at law.
9. Information displayed on the Portal
9.1. Information about goods and/or services promoted on the Portal, is based on material provided by the providers and product manufacturers of these goods and/or services and Equiem in good faith relies upon the information supplied to it by providers and does not independently check the accuracy of the information supplied.
9.2. You understand and agree that except to the extent required by law, Equiem does not accept liability in respect of errors or omissions caused by incorrect or inadequate information supplied by providers or manufacturers. You agree to make your own enquiries to verify information provided about the goods and/or services promoted on the Portal and to assess the suitability of these goods and/or services before you purchase through the Portal. Your participation in any provision of goods and/or services offered by a provider is conditional upon your acceptance of the provider's terms and conditions as notified at the time of the transaction.
9.3. You agree and acknowledge that:
9.3.1. goods and/or services may be limited in terms of delivery and availability;
9.3.2. where providers offer services on the basis of 'sessions' or otherwise on time basis the advertised duration may be indicative and approximate;
9.3.3. the providers of some goods and/or services may impose conditions. It is your responsibility to obtain details of any restrictions that may apply from the provider prior to confirming any booking and confirm that you are able to comply;
9.3.4. photographs appearing on our Portal to illustrate details of offers of providers are generally those made available to us by providers. They are intended to be indicative only of the services, venues and locations at which services are offered by providers;
9.3.5. a representation on the Portal that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
9.3.6. restaurant menus advertised on the Portal are indicative only and subject to change without notice; and
9.3.7. where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
10.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Portal are the sole responsibility of the person from whom such Content originated.
10.2. You understand that we do not control and are not responsible for Content made available through the Portal unless it originates from us. Consequently, by using the Portal you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Portal at your own risk and to the extent permissible at law we do not accept liability for any such Content.
10.3. To make any contribution, view Content or enter into any transaction in relation to this Portal, you must register to become a member.
10.4. As a member, you agree that you are responsible for any Content submitted, posted or made available through the Portal via your account and that it must comply with any guidelines as prescribed by Equiem from time to time and you must not post (or allow) Content to be posted through your account that:
10.4.1. you do not have the right to post;
10.4.2. is defamatory or in contempt of any legal or other proceedings;
10.4.3. is misleading or deceptive;
10.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality, sexual orientation or ethnic or national origins;
10.4.5. denounces religious or political beliefs;
10.4.6. includes religious or political material which is or is likely to be offensive;
10.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
10.4.8. infringes any intellectual property right of another person;
10.4.9. contains any unsolicited or unauthorised advertising or promotional material;
10.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
10.4.11. impersonates any person or misrepresents your relationship with any person.
10.5. Equiem reserves the right, in its absolute discretion, to pre-screen, refuse or remove any Content from the Portal without giving any reasons.
10.6. You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.
11. Intellectual Property, Confidentiality and Privacy
11.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2. Other trade marks used on the Portal that belong to third parties are used with permission and remain the intellectual property of the third party.
11.3. By contributing Content to the Portal in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Portal, then you automatically grant, and you represent and warrant to Equiem that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the Content and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content.
11.4. All copyright, trade marks and all other intellectual property rights in the Portal and its Content (including without limitation the Portal design, text, graphics and all software and source codes connected with the Portal) are owned by or licensed to Equiem or otherwise used by Equiem as permitted by law. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Portal for personal, non-commercial home use only.
11.5. If Equiem collects personal information, it is normal practice to collect this information directly from You through the member registration process and when you place an order. Personal information may include your name, address, telephone number and email address.
11.6. Equiem does not make any warranty in relation to the security or privacy policies of any third parties involved with the Portal in any way, including payment gateway providers.
11.7. Our server may log (and we may have access to) details about any computer used to access the Portal (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
11.8. With the exception noted in clause 11.10, Equiem only uses your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about Equiem. You may request Equiem to remove your personal information from our database by sending us an email or by writing to us at the address listed below.
11.9. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
11.9.1. you have consented;
11.9.2. you would expect us to;
11.9.3. it is required or authorised by law;
11.9.4. it will prevent or lessen a serious and imminent threat to somebody's life or health; or
11.9.5. the disclosure is reasonably necessary for law enforcement.
You consent to the transfer of personal information in these circumstances.
11.10. In limited circumstances we may aggregate Data in relation to your membership and use of the Portal, and provide that the third parties for market research and other legitimate business purposes. No personally identifiable information will be disclosed. You consent to the use of your information in this way.
11.11. Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. If you wish to do this, please contact us and we will be pleased to assist.
Equiem Services Pty Ltd
Phone: 03 9628 2470
12. Terms & Conditions of Entry to Competitions
12.1. By entering competitions/giveaways (“Competitions”) on the Portal, entrants accept these Terms & Conditions of Entry. Information on prizes and how to enter Competitions, and associated information about the competition (“the Related Information”), form part of the Terms & Conditions of Entry.
12.2. Entry to a Competition on the Portal is open only to people registered on the Portal, excluding employees of Equiem. Unless otherwise specified, only one entry is allowed for each person.
12.3. Entries close on the specified date of each Competition. An entrant to be awarded a prize in a Competition (“a Winner”) will randomly be chosen by Equiem. Unless another method of determining the winner is specified in the Related Information.
12.4. A Winner will be selected on the date specified in the Related Information and will need to pick their prize up from Equiem’s office. Winners will be notified within 5 days of selection and may also be publicised on the Portal. Winners agree to appropriate publicity including a photo of the Winner being placed on the Portal.
12.5. These conditions are subject to change and Equiem has complete discretion to determine the outcome of any dispute in relation to a Competition that may arise. In the event of a discrepancy, the Related Information takes precedence over these Terms & Conditions of Entry.
12.6. If any prize is unavailable, for whatever reason, Equiem reserves the right to substitute the prize for an alternative prize of equal or greater value. Prizes are not redeemable for cash, credit or product and no exchanges are offered.
12.7. If for any reason a Winner does not collect their prize or an element of the prize by the time stipulated by Equiem, then the prize or that element of the prize will be forfeited.
12.8. Equiem is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, property damage or other loss suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
13. Terms and Conditions for Use of Coupons
13.1. Equiem and/or a provider of goods and/or services through the Portal may issue codes which provide a discount to Users when purchasing goods and/or Services through the Portal (“Coupons”). By using a Coupon, Users accept these Terms and Conditions for Use of Coupons.
13.2. Any information printed on a Coupon (if provided in physical format) or included in any communication at the time of providing the Coupon to the User form part of the Terms and Conditions for Use of Coupons.
13.3. Equiem may, at its absolute discretion, determine whether or not to honour the discount stated on a Coupon. Equiem is not liable to the User or any other person if it fails to honour the discount stated on the Coupon.
14.1. If any part of this Agreement is invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then it will be severed and the remaining parts survive and remain in full force and effect and continue to be binding and enforceable. In the instance where additional conditions relating to a specific product or service are provided at time of purchase, such condition takes precedence over the terms of this Agreement.
14.2. If we merge, sell or otherwise change control of our business or this Portal to a third party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, Content and rights that we have collected from you and any agreements we have made with you.
14.3. Neither party is liable for a cause beyond its reasonable control, provided each has done everything reasonably possible to mitigate the effects of that cause.
14.4. Both parties must engage in a professional dispute resolution process to resolve any disputes prior to the issuing of proceedings.
14.5. This Agreement is governed by the laws of Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of these courts.
© This Agreement is the copyright of Equiem Services Pty Ltd. Not to be used or copied without its permission.