• Buyer or Customer means an entity holding a GrateBuy Account who makes a pricing request via the GrateBuy Website (www.gratebuy.com.au) to buy items from sellers;
• Seller or Retailer or Business means an entity holding a GrateBuy Account who makes a pricing offer via the Website to sell items to Buyers;
• User means any entity holding a GrateBuy account / membership.
• Website means the website available at www.GrateBuy.com.au or such other site as GrateBuy notifies from time to time.

• Reference to:
  • one gender includes the others;
  • the singular includes the plural and the plural includes the singular;
  • a person includes a body corporate;
  • a party includes the party's executors, administrators, successors and permitted assigns;
  • a thing includes the whole and each part of it separately;
  • a statute, regulation, code or other law or a provision of any of them includes:
    • any amendment or replacement of it; and
    • another regulation or other statutory instrument made under it, or made under it as amended or replaced; and
  • dollars means Australian dollars unless otherwise stated.
• "Including" and similar expressions are not words of limitation.
• Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
• Headings and any table of contents or index are for convenience only and do not form part of the User Agreement or affect its interpretation.
• A provision of the User Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this User Agreement or the inclusion of the provision in this User Agreement.

Before you begin to use the services contained on the GrateBuy Website we need to outline to you for you to read and understand, the terms and conditions of your use of the GrateBuy Website and the GrateBuy services.

The GrateBuy website is only available for use to Australian residents (based and living in Australia) and Australian Retailers / businesses (based and living in Australia and holding a valid Australian Business Number - ABN). All users acknowledge that they at least 18 years of age when first registering to use the services provided by GrateBuy.

The User Agreement (as published on the GrateBuy Website from time to time) together with any additional terms, conditions, notices and disclaimers contained on the GrateBuy Website and any documents available for download on the GrateBuy Website (User Agreement) regulate your use of the GrateBuy Website and the GrateBuy services.

Through your use of the GrateBuy Website and GrateBuy services, you acknowledge and agree that the User Agreement constitute the rules and conditions of access to, use of and supply of information from the GrateBuy Website.

Please take the time to review this document. If you use or continue to use the GrateBuy Website and/or the GrateBuy service you acknowledge and agree that you accept and agree to abide by and be bound by the User Agreement and any changes made by GrateBuy or any authorised officer, agent, employee or contractor of GrateBuy to the User Agreement from time to time.

All terms and conditions that govern your use of the GrateBuy Website (including disclaimers) may be amended by GrateBuy from time to time by simply posting those amendments on the GrateBuy Website without any notice to you. Those amendments apply to your next usage of the GrateBuy Website.

If you object to any of the User Agreement or any subsequent changes to them, or become dissatisfied with your use of the GrateBuy service in any way, your only remedy is to immediately stop using the services of GrateBuy and the GrateBuy Website.

The information, opinions and other similar statements and content contained on the GrateBuy Website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the GrateBuy Website has been derived from sources believed to be accurate as at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the GrateBuy Website which is subject to change at any time without notice.

GrateBuy and its directors, agents or employees do not accept and are by the User Agreement released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the GrateBuy Website or anyone else through the GrateBuy Website or any errors in, or omissions from information on the GrateBuy Website.

GrateBuy does not make any representation or warranty that any User is reputable, or will act in good faith, or according to their terms of engagement; any information on the GrateBuy Website will be complete, reliable or accurate; or your access to the GrateBuy Website will be secure, available or uninterrupted.

GrateBuy disclaims and will not be liable for loss arising out of (whether directly or indirectly) any action or decision by you in reliance on the information on or provided to you through the GrateBuy Website or provided by any Retailer / business you engage on the GrateBuy Website, nor any interruption, delay or impairment in the functioning, operation or availability of the GrateBuy Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the GrateBuy Website, or malfunction in equipment or software.

You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the GrateBuy Website or provided by any Retailer / business you engage on the GrateBuy Website.

Information on the GrateBuy Website is for general information only.

As a User of the GrateBuy Website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.

If GrateBuy run promotions or competitions involving the awarding of prizes or other gifts, GrateBuy may modify the User Agreement and implement additional terms and conditions, which will be communicated to you by posting them on the GrateBuy Website at the time of such promotions or competitions.

As a User, you must provide GrateBuy with complete, up to date and accurate information as requested and it is your responsibility to inform GrateBuy of any changes to that information. All personal information you provide GrateBuy as a User will be treated in accordance with the Personal Information & Privacy Policy shown below.

To become a member of GrateBuy, you will nominate a username and password. Your username must be a valid email address.

You must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password.

You must notify GrateBuy immediately if you become aware of any unauthorised use of your username and password. Each username and password must be used by a single User and is not transferable.

If you already are a member of the GrateBuy Website, login by using your existing username and password.

Automated scripting tools or software are strictly prohibited on the GrateBuy Website and detection will result in your account being cancelled immediately

• Ask you to provide personal information such as your bank or credit card details, your address, driving licence or passport numbers via email. Be suspicious of anyone who does.
• Use a payment gateway to obtain your bank or credit card details without using a secure browser window with a URL beginning 'https://...'.
• Endorse individual Retailers or Businesses.

The material provided on the GrateBuy Website is protected by intellectual property laws including copyright law and trademark law. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. You may only use information for your own personal reference.

Except where such use constitutes fair dealing under the Copyright Act or where such use is mandated by the Copyright Act the information found on the GrateBuy Website may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of GrateBuy or the appropriate supplier or licensor of GrateBuy.

You may not use any part of the information on the GrateBuy site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

GrateBuy.com.au and the GrateBuy logo are registered trademarks of GrateBuy. Other trademarks may be displayed on the GrateBuy Website from time to time. These may belong to third parties. Nothing displayed on GrateBuy should be construed as granting any license or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

As a condition of your use of the GrateBuy Website or any service provided by GrateBuy, you warrant to GrateBuy that you will not use the GrateBuy Website or any GrateBuy service for any purpose that is prohibited by the User Agreement or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.

Whilst not an exhaustive list, you agree:

• not to use the GrateBuy Website to offend others (which shall be judged in the absolute opinion of GrateBuy);
• not to publish, or in any other way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of GrateBuy);
• not to engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the GrateBuy Website;
• not to use any automated scripting tools or software;
• not to make available, using the GrateBuy Website, any material that you do not have a right to make available including under any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other computer software or hardware; or breach any laws or regulations applicable to your use of the GrateBuy Website of any other laws or regulations.
• not to use the GrateBuy Website in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email
• not to use the site to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the GrateBuy Website requires prior written approval of GrateBuy.
• not to infringe any state or federal government fair trading, consumer protection laws or statutory warranty requirements.
• to use the GrateBuy website to only promote the sale of new items having locally and/or internationally supported manufacturer warranty and service.

GrateBuy has no obligation to monitor individual use of the GrateBuy Website. However, GrateBuy reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

As a User of the GrateBuy Website, you indemnify GrateBuy for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the User Agreement or any other legal obligation by you or your use of or conduct on the GrateBuy Website.

Unless otherwise stated, charges referred to for use of any services provided by GrateBuy via the GrateBuy Website are GST inclusive. Where GST applies, GrateBuy will issue the User with a Tax Invoice as defined by the A New Tax System (Goods and Services Tax) Act 1999 (the Act). GST means the goods and services tax defined and charged under the Act.

If hyperlinks and other redirection tools taking the User to other websites operated by third parties appear on the GrateBuy Website, the User acknowledges that these websites do not form part of the GrateBuy Website and are not controlled by GrateBuy.

GrateBuy does not have any responsibility for the contents of any such hyperlink or third party website. If you link to any such websites without the prior permission of GrateBuy you will be denied access to the GrateBuy Website immediately and your account will be cancelled without further communications with you.

GrateBuy may display advertisements, which may or may not contain hyperlinks or buttons which take the User to websites operated by third parties. GrateBuy does not endorse or recommend its advertisers, their products or services or the information, products or services of any website linked to the GrateBuy Website.

If you contact a third party through the GrateBuy Website, including via email, GrateBuy accepts no responsibility for any actions taken by that third party in connection with you as the User.

GrateBuy excludes all conditions and warranties that may be implied by law. To the extent permitted by law, GrateBuy's liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at GrateBuy's option, to the refund of the relevant GrateBuy service fee.

As a User of the GrateBuy Website, you expressly agree and acknowledge that in no circumstances will GrateBuy be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by GrateBuy) which result from:

• the use of or access to or any inability to use or access the GrateBuy Website or any material on the GrateBuy Website;
• unauthorised access to your internet transmissions or data; or
• statements or conduct of any third party on the GrateBuy Website.

Excluding liability for negligence the maximum liability of GrateBuy is equivalent to the total of any amounts you have paid to GrateBuy in respect of services supplied to you by GrateBuy through the GrateBuy Website.

The User Agreement and all other specific and additional terms which govern your use or membership of and access to the GrateBuy Website will be governed by the laws of New South Wales, Australia.

GrateBuy may at its discretion terminate your use of, or access to, the GrateBuy Website at any time. If this happens we may notify you by email. If your use of the GrateBuy Website is cancelled:

• you are no longer authorised to access the GrateBuy Website or use any GrateBuy service with your registered email address or any other email address you possess;
• you will continue to be subject to and bound by all restrictions imposed on you by the User Agreement; and
• all licenses granted by you and all disclaimers by GrateBuy and limitations of GrateBuy's liability set out in the User Agreement or elsewhere on the GrateBuy Website will survive.

GrateBuy may from time to time and at any time change or discontinue any feature of the GrateBuy Website including content, hours of availability and equipment required for access.

GrateBuy may from time to time change and update the User Agreement at any time. Updated versions of this document will be posted on the GrateBuy Website. You are responsible for ensuring that you regularly review the GrateBuy Website and the User Agreement. Your continued use of the GrateBuy Website after any such changes are made will be deemed to constitute your acceptance of those changes.

By using GrateBuy, Users agree to abide by and acknowledge the following disclaimer.

GrateBuy is not involved in the actual purchase transaction between Customers and Retailers / businesses. GrateBuy has no control over the quality, safety or legality of the items or content posted by either on the GrateBuy Website, the truth or accuracy of any posting, the ability of Retailers / businesses to provide products or the ability of Customers to buy products. GrateBuy cannot censure and do not guarantee that a Customer or Retailer / business will actually complete a transaction or act lawfully in using the GrateBuy Website.

By using the GrateBuy website, Customers and Retailers / businesses confirm they are Australian based and agree to be bound by the fair trading and consumer protection laws in their state or territory of operation, however, GrateBuy cannot and does not confirm each Customers’ or Retailers' purported identity.

In the event that you have a dispute with one or more Users of the GrateBuy Website, you release GrateBuy (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

GrateBuy sends emails and notices regarding the status of your matters and your GrateBuy account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status and complying with all relevant legal and other obligations). We do not control, endorse or approve the requests or offers provided by users of the GrateBuy Website.

You acknowledge and release GrateBuy in the event that you deal with underage persons or people acting under false pretense. You must notify us if you want us to stop emailing you.

Additionally, there may also be risks with international trading and dealing with foreign nationals.

Solely to enable GrateBuy to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio).

You agree that GrateBuy can use that content in any way, now and in the future. GrateBuy also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify GrateBuy against any and all legal fees, damages and other expenses that may be incurred by GrateBuy as a result of a breach of this warranty. GrateBuy will only use your information in accordance with our Personal Information & Privacy Policy.

Without limiting other remedies available to GrateBuy at law, in equity or under the User Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if:

• you breach the User Agreement or the Privacy Policy;
• we are unable to verify or authenticate any information you provide to us; or
• we believe that your actions may cause legal liability to you, GrateBuy Users or GrateBuy.

You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that GrateBuy and all affiliates and related entities of GrateBuy have no responsibility for the legality of the actions of Users of the GrateBuy Website or the GrateBuy service.

You indemnify and release GrateBuy and its directors, employees, agents, contractors, and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of the User Agreement or your violation of any law or the rights of a third party.

You and GrateBuy are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is created or intended by the User Agreement or your use of the GrateBuy Website or the GrateBuy service.

Except as explicitly stated otherwise, any notices shall be given by facsimile to GrateBuy on the following number +612 9652 1522.

Any controversy or claim arising out of or in connection with the User Agreement may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

GrateBuy collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, Customers, Retailers and business partners.

In general, the personal information GrateBuy collects includes (but is not limited to) name, address and contact details. Sensitive payment information such as credit card details are not stored on the GrateBuy website, but are immediately encrypted and directed to a third party payment gateway.

GrateBuy stores the personal information you enter on the GrateBuy Website. GrateBuy obtains most personal information through the GrateBuy registration process outlined above. You may, however, provide information through a variety of different means (for example if you contact GrateBuy via email in any way, including by providing feedback).

The GrateBuy Website may use cookies which contain information by which GrateBuy can identify your computer to our servers. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. GrateBuy may use information contained in cookies to make assumptions about the User of the computer and to provide Users of that computer with focused advertising that GrateBuy believes may be of interest, based on that information. You can disable your cookies through your Internet browser.

GrateBuy endeavours to collect personal information about an individual only from that individual. In some circumstances GrateBuy may obtain personal information from a third party. If you provide personal information about another person to GrateBuy, GrateBuy requires that you inform that person you have done so and provide them with a copy of this policy.

GrateBuy may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. GrateBuy generally uses personal information to:

• personalise and customise your experiences on the GrateBuy Website;
• help GrateBuy manage and enhance its services;
• communicate with you;
• provide you with ongoing information about opportunities on the GrateBuy Website in which GrateBuy believes you may be interested; give you the opportunity from time to time to receive e-mail and 'online newsletters' from GrateBuy.

Your information will not be disclosed in any way outside of the primary functions of the GrateBuy website and will not be sold or distributed, unless it is required by law or records indicate that an individual may be engaged in illegal behaviour such as but not limited to, fraud.

GrateBuy oversees the management of personal information in accordance with the User Agreement and the Commonwealth Privacy Act.

GrateBuy protects the personal information GrateBuy holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and the use of third party payment gateways to encrypt and protect credit card transactions.

GrateBuy endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. You can update your GrateBuy membership information at the GrateBuy website when logged on.

You have the right to seek access the personal information held about you and to advise GrateBuy of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, GrateBuy will ask you to verify your identity and specify what information you require. GrateBuy may charge a fee to cover the costs of meeting your request.

If you have enquiries or wish to provide feedback about this policy, please email support@gratebuy.com.au.

• GrateBuy attempts to resolve any User complaints and answer any questions within one business day from the first contact made by the User.
• All complaints are logged and managed by the GrateBuy CRM system.
• Technical complaints and development suggestions are forwarded to our IT Director for consideration in future site updates. These suggestions may not result in future changes to the website or GrateBuy business practices.
• All other complaints are reviewed by GrateBuy Customer / Retailer support representatives and escalated to a manager for resolution if required.
• Any arbitration between a User and GrateBuy is governed by the "Arbitration" clause in the GrateBuy User Agreement shown above.

GrateBuy will use reasonable endeavours to mediate any dispute concerning the use by parties of the GrateBuy website. Disputes in relation to sales transactions between Customers and Retailers / businesses or any other issue will be referred, where appropriate, to external dispute resolutions services.

Please read our Refund Policy and ensure that you are familiar with it.

Registered Users of the GrateBuy website are entitled to either use the website to make a pricing request to buy or a pricing offer to sell.

Retailers and Customers acknowledge that:

• GrateBuy has provided its service to both the Customer and the Retailer once an offer is accepted and the GrateBuy service fee is paid.
• If the Customer has accepted an offer and paid the GrateBuy service fee, the Customer has no obligation to any parties to complete the purchase transaction with the Retailer.
• The Retailer has no rights to any compensation (or any claim whatsoever) from GrateBuy or the Customer in the event that a Customer does not proceed with a purchase transaction with the Retailer after accepting an offer and paying the GrateBuy service fee.
• In the event a Customer does not complete the purchase transaction with a Retailer, any refund of the GrateBuy service fee is subject only to the terms of this refund policy.

The GrateBuy service fee paid by a Customer that has accepted a Retailer offer is only subject to refund if a Retailer is unable to fulfill its offer obligation within the offer validity and purchase completion periods as specified by the Retailer.

In this event, the Customer may seek a refund of the GrateBuy service fee from GrateBuy providing they supply GrateBuy with:

• A copy of the GrateBuy transaction receipt
• Copies and / or records of all relevant communications with the Retailer to support their refund claim
• Any other details relevant to the event

After receipt of this information proving failure of the Retailer to fulfill its obligation as in accordance with this refund policy, GrateBuy will refund the GrateBuy service to the Customer within 30 days. In all cases, this refund represents GrateBuy’s maximum liability to all parties of this User Agreement.

The method of supplying the refund to the Customer will be at GrateBuy’s sole discretion.

In the event that GrateBuy refunds its service fee due to the inability of the Retailer to fulfill its offer to the Customer, the Retailer subject to the dispute agrees to fully reimburse GrateBuy for the refund amount within 30 days of GrateBuy providing the Retailer with an invoice.

GrateBuy may at its discretion terminate a Retailers’ use of the GrateBuy website for repeated inability to fulfill offer obligations to Customers.

No refund of the GrateBuy service fee is available to a Customer if:

• A customer after accepting a Retailer offer does not attempt (for any reason) to complete the transaction within the specified validity periods of the offer.
• A customer accepts alternative supply arrangements from the Retailer to satisfy the offer to the Customer.
• A customer returns the purchased item(s) to the Retailer for any reason.

In the case of an event not specifically covered in the refund policy, refunds of the GrateBuy service fee will be given at the discretion of the GrateBuy directors.

If any complaint or dispute arises, GrateBuy will manage the matter according to its Complaints and Dispute Resolution Policy.

As GrateBuy is not involved in the final purchase transaction between the buyer and the Retailer, questions relating to Retailer refunds, product warranty and service should be made directly to the Retailer.

Retailers using the GrateBuy website agree to the following minimum requirements:

• If an item is faulty, incorrectly described and/or damaged, a Customer can choose to get a refund, exchange or a credit for it. To get the exchange, credit or refund the Customer must contact the Retailer within 48 hours of receiving the product. The Retailer will pay any applicable delivery charges.
• If seeking a refund or exchange for any other reason, the Retailer agrees to handle the Customer’s request within the guidelines of the relevant Fair Trading Regulations and The Australian Consumer laws in their state or territory of operation.
• All items promoted for sale using GrateBuy are new and where applicable have supported manufacturer warranty and service.

In the event that a Customer returns the product or item(s) to the Retailer (for any reason) for refund, exchange or credit, the GrateBuy service fee is not refundable by either the Retailer or GrateBuy.

All inquiries regarding product information, refunds, exchanges, credits, warranty and service are to be addressed directly between the Customer and the Retailer.

GrateBuy's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right by GrateBuy does not preclude either its exercise in the future or the exercise of any other power or right.

If anything in the User Agreement is unenforceable, illegal or void then it is severed and the rest of the User Agreement remains in force.

You must not assign or otherwise deal with the User Agreement except with the prior written consent of GrateBuy. GrateBuy is not required to give consent or to justify the withholding of consent. GrateBuy may assign, novate or otherwise deal with the User Agreement as it deems appropriate.

The User Agreement:

• is the entire agreement and understanding between you and GrateBuy on everything connected with the subject matter of the User Agreement; and
• supersedes any prior agreement or understanding on anything connected with that subject matter.