Terms & Conditions

OPEN 247 SHOPPING

TERMS AND CONDITIONS OF USE

1. About the Website

1.1

Thank you for visiting www.open247shopping.com (the “Website”). The Website allows users to purchase a wide variety of discounted products through the Website (the “Services”).

1.2

The Website is operated by Open 247 Shopping (ABN 976 4223 0636) (“Open 247 Shopping”). Access to and use of the Website, or any of its associated products, is provided by Open 247 Shopping. Please read these terms and conditions (the “Terms”) carefully. By using or browsing the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of this Website immediately and leave the Website.

1.3

Open 247 Shopping reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Open 247 Shopping updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.

Acceptance of the Terms

2.1

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Open 247 Shopping in the Website.

Your obligations

3.1

As a user of the Services (“User”), you agree to comply with the following:

(a)

use the services only for purposes that are permitted by:

(i)

the Terms; and

(ii)

any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b)

you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Open 247 Shopping;

(c)

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Open 247 Shopping for any illegal or unauthorised use of the Website;

(d)

you may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any Open 247 Shopping page via HTML/CSS or any other means; and

(e)

you acknowledge and agree that any automated use of the Website or its Services is prohibited.

3.2

Where you are, or will be, in breach of any of these obligations then you must immediately cease use of the Website and the Services.

Purchase

4.1

The Website provides you with an opportunity to browse various products that have been listed for sale through the Website (the “Product”) and to purchase the Product through the Website and have it delivered. In using the Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the “Purchase Price”).

4.2

In order to purchase the Product, you must register as a User.

4.3

You may make payment of the Purchase Price by way of:

(a)

electronic funds transfer (“EFT”) into our nominated bank account; or

(b)

PayPal Australia Pty Limited (ABN 93 111 195 389) ("PayPal").

Following payment through EFT or PayPal being received by Open 247 Shopping, we will issue you with a receipt to confirm that the payment has been received.

Refund/Exchange Policy

5.1

Open 247 Shopping may, at their sole discretion, agree to refund, exchange or provide an equivalent store credit for any Product(s) purchased through the Services, so long as the following terms are met:

(a)

you contact Open 247 Shopping by sending an email to open247shopping@gmail.com within twelve (12) days of paying the Purchase Price enclosing a Refund Request Form (the “Form”), which is available on the Website;

(b)

following receipt of the Form, and in the event that Open 247 Shopping agrees to the refund/exchange, it will provide you with a unique returns authorisation code to be used in all future correspondence between the parties;

(c)

within ten (10) days of Open 247 Shopping agreeing to the refund/exchange, you will return the Product(s) and the receipt of purchase in accordance with the Return Merchandise Authority policy (“RMA Policy”) available on the Website, ensuring that the packaging and labels are still attached to the Product(s);

(d)

where Open 247 Shopping elects to provide any refund, Open 247 Shopping will refund the Purchase Price to your nominated purchase credit card as identified in the Form; and

(e)

where Open 247 Shopping elects to provide an exchange, Open 247 Shopping will send a replacement product to your return address as identified in the Form.

5.2

You acknowledge and agree that all postage costs associated with complying with clause 5.2 of these Terms are to be borne by you.

Delivery

6.1

You acknowledge that the Services offered by Open 247 Shopping integrate delivery through the use of third party delivery companies (the "Delivery Services") which may include but are not limited to the companies such as the Australia Postal Corporation t/as Australia Post (ABN 28 864 970 579) (the “Delivery Service Providers”).

6.2

You acknowledge that Open 247 Shopping does not provide the Delivery Services to you and has no control over which Delivery Service Providers are chosen to supply the Delivery Services. Accordingly, you agree that Open 247 Shopping will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

6.3

In providing the Services, Open 247 Shopping may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Open 247 Shopping is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to same.

6.4

You acknowledge and agree that the price of the Delivery Services is dictated by the Delivery Service Providers and, accordingly, as a User of the Delivery Services, you may incur additional charges where the Product requires country, interstate or international delivery including but not limited to custom fees, international taxes or international fees and charges of the Delivery Service Providers (the “Additional Fees”). You warrant that Open 247 Shopping, its employees, affiliates or associated entities (including the Delivery Service Providers) have no responsibility for the payment of the Additional Fees and that any liability arising out of the same is solely the responsibility of the User.

6.5

In the event that an item is lost or damaged in the course of the Delivery Services, Open 247 Shopping asks that you:

(a)

contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(b)

contact us by sending an email to open247shopping@gmail.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.

6.6

In the event that the item being lost or damaged in transit has not been resolved pursuant to clause 6.4 of these Terms, please contact us at open247shopping@gmail.com, providing suitable photographic evidence so that you can request a refund/exchange pursuant to clause 5 of these Terms.

7.1

The Website, the Services and all of the related products of Open 247 Shopping are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the “Content”) are owned or controlled for these purposes, and are reserved by Open 247 Shopping or its contributors.

7.2

Open 247 Shopping retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a)

the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Open 247 Shopping; or

(b)

the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c)

a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

7.3

You may not, without the prior written permission of Open 247 Shopping and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

General Disclaimer

8.1

You acknowledge that Open 247 Shopping does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products.

8.2

Open 247 Shopping will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from the photographs of the products as displayed on the Website.

8.3

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.4

Subject to this clause 8, and to the extent permitted by law:

(a)

all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b)

Open 247 Shopping we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.5

Use of the Website, the Services, and any of the products of Open 247 Shopping (including the Delivery Services), is at your own risk. Everything on Website, the Services, and the Products of Open 247 Shopping, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Open 247 Shopping (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Open 247 Shopping) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)

the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)

costs incurred as a result of you using the Website, the Services or any of the products of Open 247 Shopping;

(d)

the Content or operation in respect to links which are provided for the User’s convenience;

(e)

any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f)

any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of liability

9.1

Open 247 Shopping’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Open 247 Shopping is the resupply of information or Services to you.

9.2

You expressly understand and agree that Open 247 Shopping, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

9.3

Open 247 Shopping is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Open 247 Shopping, by third parties or by any of the services offered by Open 247 Shopping.

9.4

Open 247 Shopping does not control and is not responsible for the behaviours and actions of the users of its website, their comments, posts or information that they may upload. Accordingly, Open 247 Shopping is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or in connection with any of the services provided on the Website.

Termination of Contract

10.1

The Terms will continue to apply until terminated by either you or by Open 247 Shopping as set out below.

10.2

If you want to terminate the Terms, you may do so by:

(a)

notifying Open 247 Shopping at any time; and

(b)

closing your accounts for all of the services which you use, where Open 247 Shopping has made this option available to you. Your notice should be sent, in writing, to Open 247 Shopping via the ‘Contact Us’ link on our homepage.

10.3

Open 247 Shopping may at any time, terminate the Terms with you if:

(a)

you have breached any provision of the Terms or intend to breach any provision;

(b)

Open 247 Shopping is required to do so by law;

(c)

the partner with whom Open 247 Shopping offered the Services to you has terminated its relationship with Open 247 Shopping or ceased to offer the Services to you;

(d)

Open 247 Shopping is transitioning to no longer providing the services to Users in the country in which you are resident or from which you use the service; or

(e)

the provision of the services to you by Open 247 Shopping is, in the opinion of Open 247 Shopping, no longer commercially viable.

10.4

Subject to local applicable laws, Open 247 Shopping reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Open 247 Shopping’s name or reputation or violates the rights of those of another party.

10.5

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Open 247 Shopping have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

11.1

You agree to indemnify Open 247 Shopping, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b)

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c)

any breach of the Terms.

Dispute Resolution

12.1

Compulsory:

If a dispute arises out of or relates to the Terms, no party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

12.2

Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3

Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

(a)

Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)

If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;

(c)

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)

The mediation will be held in Sydney, Australia.

12.4

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

12.5

Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.6

Arbitration and Legal Proceedings:

In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

12.7

Venue and Jurisdiction

The Services offered by Open 247 Shopping are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

12.8

Governing Law

This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

13.1

Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

14.1

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Force majeure

If a party is prevented from or delayed in performing an obligation by Force Majeure, and promptly acts to mitigate or remove the Force Majeure and its effect, then the obligation is

suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances.

In this clause "Force Majeure" means an event beyond the reasonable control of the affected party, which occurs without the fault or negligence of the affected party.

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