1. User agreement
1.1 This agreement is between you and Valley Chamber of Commerce Inc (referred to in this document as “Valley Chamber of Commerce”, “us” or “we”).
1.2 By visiting and/or using the Valley Chamber of Commerce web site (the “Web site”) you agree to be bound by the terms of this agreement (“agreement”).
1.3 We may modify our terms and conditions without notice at any time where such amendment does not substantially affect your rights and obligations. If such changes of our terms and conditions substantially affect your rights and obligations we will notify you by posting a message to the home page with these changes as they occur.
2.1 In order to purchase deals (and access any other features of the Web site), you need to be a registered member.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (firstname.lastname@example.org). We are not liable for any unauthorised use of your account.
3.1 By making a purchase through the Web site you warrant that you are over 18.
4. Web site changes
4.1 We reserve the right to change, alter, vary or amend the Web site at any time.
4.2 We may in our sole discretion terminate your account or restrict your access to the Web site. If we do this, you may be prevented from accessing all or parts of the Web site, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those vouchers that you had previously purchased through the Web site.
5.1 For orders on Valley Chamber of Commerce, the prices that are listed at the time of your order on the product page apply. The prices are final prices and will indicate if they are inclusive of GST (where relevant) and all other price components excluding shipping costs (unless Free Shipping is specified).
5.2 The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.
6. Faulty Products
6.1 To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Web site including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Web site;
- you acting, or failing to act, on any information contained on or referred to on the Web site and/or any linked web site;
- any interruption or cessation of transmission to or from the Web site;
- any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our web site by any third party; and/or
- the merchantability or fitness for any purpose of any good or service of any linked Valley Chamber of Commerce;
6.2 Where any law 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 at our option be limited to:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and in the case of services:
- the re-supply of the services, or
- a refund of the purchase price paid.
6.3 Where a member offers for sale on the Web site goods or services and as a result of the interaction between the member as seller and the buyer there is a claim or action or demand made to the Valley Chamber of Commerce then the selling member shall indemnify and keep indemnified the Valley Chamber of Commerce against all monies paid or payable pursuant to such interaction.
7. Use of Web site by you
7.1 You agree not to access (or attempt to access) any part of the Web site by any means other than through the interface provided by us.
7.2 You agree not to load any virus intentionally or unintentionally, negligently or despite good faith and practices, and undertake that costs incurred by us to remove viruses shall be invoiced to you and paid by you within seven (7) days.
7.3 You agree that you will not engage in any activity that interferes with or disrupts the web site or the servers and networks that host the Web site. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Web site except with our prior written consent.
7.4 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the web site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the web site or the content therein.
7.5 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
7.6 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.7 We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
7.8 All information placed on the website by you shall be proper and in conformity with reasonable community expectations as within the sole discretion of us.
7.9 You shall ensure that the operating system that you use to interact with the website shall be compliant with our listed requirements, and those listed requirements are available from us on request to email@example.com
8. Information on this Web site
8.1 Information about goods and services on the Web site is based on material provided by third party businesses (“merchants”). We may or may not verify the information provided to us by merchants and we cannot guarantee its accuracy.
8.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
8.3 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
9.1 Orders placed by you are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
9.2 We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
Once placed, you cannot cancel your order.
10.1 The prices of products, delivery and other charges shown are in Australian dollars and will indicate if they are inclusive of GST (where applicable).
Prices of products and services are current at time of display but are subject to change.
11.1 All payments must be received in full prior to a voucher or purchase confirmation being issued.
If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ vouchers on your behalf.
12. Accessibility of Voucher
12.1 Your voucher will be accessible via your account with us. To redeem your voucher, please follow the directions on the applicable sale page. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a voucher.
13. Voucher redemption / Supply of product
13.1 The voucher you purchase is redeemable for the specified product from the relevant merchant. The relevant merchant, not Valley Chamber of Commerce, is the seller of the product and is solely responsible for honouring the voucher you purchase.
13.2 Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.
13.3 Vouchers cannot be exchanged or redeemed for cash.
13.4 We are not responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
13.5 For vouchers that relate to products provided by merchants, you may be required to pick up or collect the relevant product from a specified location or to pay a fee to have the product delivered to your specified address.
14. IMPORTANT INFORMATION RELATING TO HEALTH OR NUTRITIONAL PRODUCTS
NOTHING CONTAINED ON THIS WEB SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
14.1 The information and statements provided on this [Web site] with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure, or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
14.2 Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via this Web site.
14.3 You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
14.4 All information contained on this Web site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
14.5 Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding any health or nutritional related treatment or condition.
15.1 All service products are offered by merchants subject to availability. For all products that require bookings, we recommend making bookings well in advance. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).
15.2 We do not guarantee that services will be available at your preferred date and time.
15.3 Bookings are made subject to any supplier policies.
15.4 If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space. In that regard, the cancellation policies of the merchant will apply at all times. Please ensure that you check the cancellation policies of the merchant before booking.
15.5 If required by the merchant, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither Valley Chamber of Commerce, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that You fail to produce a voucher upon request.
16. Voucher expiry and extension
16.1 The voucher expires on the date indicated on the voucher.
16.2 Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the merchant.
16.3 Some merchants may experience a large volume of bookings towards the conclusion of the validity period. It is strongly recommended that all bookings are made well before the conclusion of the validity period. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.
17.1 Valley Chamber of Commerce will only refund vouchers in accordance with its Refunds Policy.
18. Complaints or problems
18.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant.
18.2 If you wish to make a complaint in respect of a merchant, you must email that complaint to firstname.lastname@example.org.
18.3 Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.
19.1 All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the web site are the sole responsibility of the person from whom such content originated.
19.2 You understand that we do not control and are not responsible for content made available through the web site unless it originates from us. Consequently, by using the web site you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the web site at your own risk.
20. Links to third party web sites
20.1 The web site may include links to other web sites, content or resources. These linked web sites, content or resources may be operated by third parties and we may have no responsibility or control over them.
20.2 The existence of these links does not imply that we endorse the linked websites, content or resource. You acknowledge that we have not reviewed any of these third party web sites, content or resources and we are not responsible for the material contained therein.
21. Intellectual property
21.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the web site that belong to third parties are used with their consent and remain the intellectual property of that party.
21.2 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website and developing your ideas and suggestions for improved products or services we provide.
22. Change of Control
22.1 Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Web site, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
23.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
24. Restaurant specific vouchers
24.1 For the purposes of this section, a “Restaurant” will mean any merchant that offers food and / or beverage for sale in its regular business.
24.2 Restaurant vouchers will be ‘dine-in’ unless otherwise stated.
24.3 Restaurant vouchers do not include a tip or gratuity. If appropriate, you may wish to add a tip or gratuity in addition to use of the voucher.
25. Accommodation vouchers
25.1 Unless the deal specifically provides otherwise, accommodation vouchers must be used over one contiguous period. For example, if a voucher entitles you to four nights at a resort, those four nights must be used consecutively – you cannot use two nights over one period, and then two nights over another period.
26. Product offers
26.1 Unless otherwise stated orders will be delivered during normal business hours between 8am and 5pm and need to be signed for. It is a good idea to enter a delivery address at which someone will be present to accept the goods at this time; for example your workplace. If there is no one present at the delivery location who is entitled to accept and sign for the delivery, a card will be left in your letterbox informing you about the incomplete delivery and where to pick your parcels up. Parcels will usually be available for pick up at your nearest Post Office for 7 days unless you are informed otherwise.
26.2 In cases where the parcel is not picked up or has an incorrect delivery address, the item will be returned to Valley Chamber of Commerce. We will attempt redelivery once the delivery address has been confirmed, subject to a redelivery fee, or else pay a credit refund on returned items. We do not provide bank refunds on returned items or postage costs of returned items.
26.3 If the product has been damaged in transfer, please inform Valley Chamber of Commerce immediately and provide pictures if possible.
26.4 Please note that Valley Chamber of Commerce offers you the ability to request parcels to be left at your nominated delivery address. Valley Chamber of Commerce takes no liability for any loss or damage that may be caused as a result of the product being left at the nominated address.
27. Communication by us
27.1 As a condition of registering for Valley Chamber of Commerce.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
• ‘Administrative Emails’ involve details of account activity and purchases you have made.
28. Merchant Terms & Conditions
28.1 Any Terms and Conditions of the specific merchant will always apply in addition to any specific terms of the Deal stated by Valley Chamber of Commerce. For example, if a merchant is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the merchant’s usual terms and conditions.
29. Promotional Material
29.1 You shall receive an EDM monthly which may include additional member promotional material, events and new member updates.
30. Governing Law
30.1 This agreement will be governed by and interpreted in accordance with the laws of Queensland. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland.
32. The information we collect
32.1 The Valley Chamber of Commerce will collect general information about you, such as your name, address, contact details, date of birth and other relevant details when you apply for membership, join a sponsorship program or participate in other Valley Chamber of Commerce related activities. We may also collect this and other types of personal information during the course of dealing with you, for example when you wish to obtain goods or services from the Valley Chamber of Commerce and when you participate in contests and promotions or return feedback forms.
32.3 The Valley Chamber of Commerce will not collect any personal information about visitors to the website except when they knowingly provide it.
33. How we use your information
- to establish and maintain your membership of the Valley Chamber of Commerce, including providing you with newsletters, magazines, renewal notices and other information necessary to inform you of the Valley Chamber of Commerce’s activities;
- where appropriate, to establish and maintain a sponsorship relationship between you and the Valley Chamber of Commerce and to facilitate effective communication channels;
- to provide the products, services or information you have requested from the Valley Chamber of Commerce;
- to answer your inquiries;
- to register you for events, promotions or competitions;
- in accordance with the membership and partnership charters of the Valley Chamber of Commerce;
- to assist us to make the Valley Chamber of Commerce’s facilities, services and products more valuable to our members and stakeholders;
- for direct marketing of products or services and to keep you informed of new developments we believe may be of interest to you. By providing your personal information you consent to the Valley Chamber of Commerce’s confidential disclosure to related parties for this purpose. You may decline any marketing communications by advising the Valley Chamber of Commerce of your wishes by the means outlined below;
34. Access to your information
34.1 You can access the personal information that the Valley Chamber of Commerce holds about you by contacting the Valley Chamber of Commerce’s Secretary. We will provide you with access unless we are legally authorised to refuse your request. We may charge a reasonable amount for providing access. If you wish to change personal information that is out of date or inaccurate at any time please contact us.
34.2 After notice from you, we will take reasonable steps to correct any of your information that is inaccurate, incomplete or out of date.
34.3 If you wish to have your personal information deleted please let us know and we will delete that information wherever practicable. We may refuse your request to access, amend or delete your personal information in certain circumstances. If we do refuse your request, we will provide you with a reason for our decision and, in the case of amendment, we will note with your personal information that you have disputed its accuracy.
35.1 The Valley Chamber of Commerce will take reasonable steps to keep secure any personal information that we hold and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files. The Internet is not generally a secure method of transmitting information. Accordingly, the Valley Chamber of Commerce cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorised access or use of that information. The Valley Chamber of Commerce does, however, recognise that information will be passed via the Internet and takes all reasonable steps to minimise the risk associated with such communications.
37. Contacting us and “Opting Out” notification
37.2 Please Note: Please notify the Valley Chamber of Commerce if you do not wish to receive marketing information or do not wish to have your contact details provided to third parties for the communication of product and services information. If you do not notify the Valley Chamber of Commerce otherwise, you are deemed to have confirmed your agreement, and that of those persons you represent, to the collection and use of your personal information in accordance with this Policy.
38. Tier Membership Information
38.1 All information uploaded by a member as to their own self or entity of membership shall be in accordance with usual business expectations and demeanour, and the member acknowledges that the VCC may amend or delete entries that are not in accordance with the business community expectations of the VCC.