Transact 4 Less

ABN: 54 646 019 132

Terms and conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the transact4less.com.au website ("Website" or "Service") and any of its related products and services (collectively, "Services"). ThisAgreement is legally binding between you ("User", "you" or"your") and Transact 4 Less ("Transact 4 Less","we", "us" or "our"). By accessing and using theWebsite and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into thisAgreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Transact 4 Less, even though it is electronic and is not physically signed by you, and it governs your use of the Website andServices.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of theseTerms of Service shall not constitute a waiver of such right or provision.

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These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

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Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Transact 4 Less or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Transact 4 Less. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Transact 4 Less or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services maybe the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Transact 4Less or third-party trademarks.

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Limitation of liability

To the fullest extent permitted by applicable law, in no event willTransact 4 Less, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Transact 4 Less and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Transact 4 Less for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

While Transact 4 Less aims to keep the Transact 4 Less website available 24 hours a day and free from errors, it is possible that part or all of the Transact 4 Less website may be temporarily inaccessible or may not function properly, or the Transact 4 LessPlatform could contain errors, inaccuracies and omissions.

Transact 4 Less provides the Transact 4 Less website "as is" and makes no warranties of any kind, implied or express, except as required by law. You agree that all warranties, express or implied, are excluded. To the maximum extent permitted by law, Transact 4 Less excludes all liability for any loss or damage whatsoever suffered in connection with the use of the Transact 4 Less Platform, or in connection with the inability to use this Transact 4 Less Platform.

Transact 4 Less makes no representations concerning any data, Partners, Partner Services or other information contained in or accessed through the Transact 4 Less Platform.Transact 4 Less will not be responsible or liable for the accuracy, copyright compliance, or legality of material, data or other information contained in or accessed through the Transact 4 Less Platform.

You hereby agrees to indemnify Transact 4 Less, its directors, officers, employees and consultants Transact 4 Less Parties), to the extent permitted by Relevant Law, from and against any and all Loss resulting from suits, claims, actions and demands brought by a third party against anyTransact 4 Less Party which directly arises or results from:

(i)           any breach by the Client of any representation, warranty or undertaking given in this Agreement; or

(ii)          any negligence, fraud, criminal or unlawful acts or omissions or wilful default of the Client,

except to the extent that any such Loss is the result of a breach of this Agreement byTransact 4 Less or any Transact 4 Less Party’s negligence, fraud, criminal or unlawful acts or omissions or wilful default.

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Force Majeure 

(i)      The Consultant will not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.

(ii)     The Consultant will notify the Customer as soon as practical be of any anticipated delay due to Force Majeure. The performance of the Consultant's obligations under this agreement will be suspended for the period of the delay due to Force Majeure.

Dispute resolution

Delivering a dispute notice

If any dispute, controversy or claim arises between the Parties relating to or arising out of this Agreement, including its validity, construction, effect, enforceability, performance, breach, rescission or termination, or the rights and obligations of the Parties, or the entitlement of any Party to damages, or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), the Party claiming that a Dispute has arisen must deliver to the other Party a notice containing particulars of the Dispute (Dispute Notice).

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Parties must negotiate

During the period of ten (14)Business Days after delivery of the Dispute Notice, or any longer period agreed in writing by the Parties (Initial Period), an executive officer from each of the Parties having authority to resolve such Dispute must use its reasonable endeavours and act in good faith to resolve the Dispute by discussion and negotiation. In such event, each Party shall cause its designated executive officer to meet and be available to attempt to resolve the issue. If theParties should resolve such Dispute, a memorandum setting forth their agreement will be prepared and signed by both Parties if requested by either Party. TheParties shall cooperate in an effort to limit the issues for consideration in such manner as narrowly as reasonably practicable in order to resolve theDispute.

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Resolution by Parties

If the Parties are unable to resolve the Dispute within the Initial Period, the Dispute must be referred to the respective managing directors or chief executive officers of the Parties or their delegates.  The Parties must ensure that their respective managing directors, chief executive officers or delegates:

(b)         have authority to negotiate and, if appropriate, enter into a binding agreement on behalf of the relevant Party;

(c)         meet promptly (and in any event within five (10)Business Days) after the matter is referred to them; and

(d)         use their reasonable endeavours and act in good faith in an attempt to resolve the matter within five (5) Business Days after the matter is referred to them or any longer period agreed in writing by the Parties.

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The UnitedNations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

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Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website andServices.

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Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to paul.davies@t4less.com.au 

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