TERMS AND CONDITIONSGENERAL USER AGREEMENT
1. OUR WEBSITES AND MARKETPLACE
(i) Sawce operates an online marketplace (‘the Sawce Marketplace’) that allows furniture retailers, commercial furniture providers, and other furniture sellers (‘Sellers’) to promote and sell their products.
(ii) The Sawce Marketplace comprises a website at Sawce.com.au and blogsite at blog.Sawce.com.au (collectively ‘the Websites’).
(iii) Sawce does not sell any furniture in its own right
(iv) Sawce’s sellers are persons, retailers, wholesaler or commercial furniture providers (‘Sellers’)
(v) While many Sellers have physical stores, some Sellers are online-only businesses, or do not have physical locations or showrooms where products can be physically seen
(vi) The Sawce Marketplace allows you to search for furniture products and other related information, and potentially make purchases, either through the Sawce Marketplace or by contacting the Seller directly
(vii) When you see a product on Sawce, that product and the information associated with it is provided by the Seller which is offering that product
(viii) When you see a product on Sawce which is of interest to you, you may be able to take one or more actions including: purchasing that product online; making an enquiry about that product via email or a web interface; calling our Customer Call Centre on 1300 650 010; or arranging to see that product in-store
(ix) When you use our Websites or make a purchase, you acknowledge that you are transacting with a particular Seller of that product, and you should satisfy yourself that the product information and Seller details provided are acceptable to you before you proceed with any action
(x) Sawce has no responsibility for the information provided in relation to a product; such responsibility lies solely with the Seller
(xi) Under no circumstances will Sawce be liable for any losses you may experience as a result of your use of our site or your activities with any Seller listed on our site
2. PLACING ORDERS
(i) You must not order products or services through Sawce if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void
(ii) When you purchase a product, whether online or via our Customer Call Centre, the money you pay is passed on to the relevant Seller of that product. The money is not retained by Sawce
(iii) If you are paying for the purchase of products by credit or debit cards, we may be required to pass these details on to the Seller, and you consent to us disclosing your credit or debit card information to the Seller for the purpose of processing your Order
(iv) Upon confirmation of your Order, you will be provided with the Seller’s contact details, and any queries you may have regarding your Order, including delivery, warranty or other issues, should be addressed directly with the Seller. If for any reason you are unable to contact the Seller, you can contact the Sawce Customer Call Centre on 1300 650 010.
(v) If you place an order online or via our Customer Call Centre, confirmation of your order will be sent to the e-mail address you have provided to us
(vi) We ensure that every credit card transaction occurs within a secure environment. All communication from your computer to our secure systems during the checkout process is encrypted to ensure the confidentiality of all data sent and received
(vii) On some occasions, Sellers may allow you to secure your order with a deposit or part payment. Where this is the case, the amount of such deposit and subsequent payment scheme will be detailed in the product description or other suitable area, or communicated to you by our Customer Call Centre staff if you enquire with them. Please note that unless agreed with the Seller, you will not be able to cancel an order even if you have only paid a deposit or part payment, and you will be liable for payment of the full order value
(viii) On some occasions, Sellers may offer credit or other incentives such as interest free loans as incentives for you to purchase their products. Such offers will be detailed in the product description or other suitable area, or communicated to you by our Customer Call Centre staff if you enquire with them.
(ix) All prices are listed in Australian Dollars, and GST applies to the items listed on this site and is included in the price unless otherwise stated
(x) You understand and agree that a Seller may not always be able to fulfil an order you have placed on them
(i) Any delivery timeframes contained on the Websites are indicative only
(ii) Any queries you may have in relation to delivery, including expected delivery dates and times, should be addressed directly to the Seller. If for any reason you are unable to contact the (iii) Seller, please feel free to contact the Sawce Customer Call Centre on 1300 650 010 and we will try to assist
(iv) When you add items to your shopping cart, you will be asked to enter your postcode. This postcode is used to calculate the delivery cost for your Order
(v) Delivery costs may vary from Seller to Seller based on the Seller’s location and product details such as size and weight
(vi) All delivery costs are for delivery to the ground floor only. If you require delivery to locations other than the ground floor, you will need to contact the Seller to arrange this and you may need to pay any extra delivery costs involved
(vii) Please be aware that if you order multiple products, whether from one Seller or multiple Sellers, the products may ship from different locations and may not arrive at the same time. In each case the Seller(s) will advise the expected delivery date(s)
4. RETURNS, REFUNDS AND WARRANTIES
(i) You should carefully check the Seller’s terms for the sale of their products
(ii) Where a product is offered with a money-back guarantee, you should carefully read the details associated with that product or offer. Unless otherwise stated: the guarantee will apply only to the price you paid for the item and will exclude any original delivery fee; you will also be responsible for any return delivery fee; and the product must returned in an unused condition with its original packaging
(iii) Unless explicitly stated, the products are offered without any money-back guarantee and you will not be able to return a product unless agreed with the Seller
(iv) Where a product is offered with a warranty, the details of that warranty will be stated in the product details area, or may be explained to you over the phone or in an email, fax or other form of communication
(v) Should a product have a defect, you will need to address this problem directly with the Seller of that product
(vi) You will also have certain minimum rights as a consumer, which are enforced via various consumer protection laws set out by State, Territory or Commonwealth bodies
(vii) If you are unable to resolve any issue with a Seller, you may contact us at customersupport@Sawce.com.au. While we cannot provide any guarantee that a resolution which is satisfactory to you will be achieved, we will endeavour to help you resolve the issue, or provide suggestions which may help you resolve the issue
5. BEING A REGISTERED MEMBER
If you register with us, you will become a valued member of our Community (a ‘Member’), and will gain access to special offers and other benefits. Member identity is a building block of the Sawce Community. Sawce treats Member identity with great respect. Sawce expects Community Members to treat Member identity with the same level of respect.
Sawce Members must at all times adhere with Sawce policies. Members:
- Cannot misrepresent their identities.
- Must always provide valid and complete contact information and must always have a valid email address.
- Cannot publish the contact information of other members in an online public area.
- Cannot misuse the Sawce email forwarding system, send unsolicited email (spam) or email threats to other members.
- Must follow Sawce’s rules for Sawce Discussion Boards,
and Community Content (includes reviews, guides, blog entries, and Sawce Wiki articles).
6. NO WARRANTY AS TO ACCURACY OR RELIABILITY
Sawce endeavours to ensure that all information on its Websites is accurate. However Sawce and its related entities make no warranty as to the accuracy or reliability of the information contained on the Websites (including, but not limited to, any content presented on the Websites by or on behalf of Sawce, by Sellers or any content posted by other parties (‘Third Party Content’)). Sawce and its related entities, directors, officers and agents disclaim all liability and responsibility (to the extent permitted by law) for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Websites.
Sawce provides no warranty that the services available through the Websites will be error free or uninterrupted, or that defects in the service will be corrected. Sawce cannot and does not guarantee or warrant to you that files available for downloading through the Websites or delivered via electronic mail through the Websites will be free of software that contains contaminating or destructive properties such as viruses, worms, Trojan horses or other potentially damaging code. You are responsible for implementing sufficient procedures and protective measures to meet your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the recovery and reconstruction of any lost data.
7. NO GUARANTEES OR ENDORSEMENTS OF SITES OR SERVICES WE LINK TO OR THAT LINK TO US
Sawce may provide advertising, links and pointers to Internet sites maintained by third parties. Such linked sites are not under the control of Sawce and Sawce is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. The inclusion of any links on the Sawce Websites does not imply endorsement by Sawce of the linked site. Sawce is not responsible for the compliance with Copyright or other laws of any linked site. Sawce will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party. When you link to those websites you leave our Websites and do so entirely at your own risk.
8. INFORMATION NOT TO BE REPACKAGED OR RESOLD
You agree that information contained on the Websites may not be sold, redistributed or used for any purpose other than searching for or purchasing furniture through Sawce or a Seller (this includes but is not limited to the use of third party contact details for unsolicited commercial correspondence), without our express permission. Where material is available for download from the Websites you may download such material provided it is for the purpose of searching for or purchasing furniture through Sawce or a Seller, and provided you keep intact all Sawce branding, and all copyright and other proprietary notices.
9. RESTRICTIONS ON USE OF THE WEBSITES
In accessing or using the Websites you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index the Websites or any content on the Websites;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of the Websites;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
(d) use any content on, or index the Websites for purposes of constructing or populating a searchable database of furniture or competing with us in any manner;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use the Websites or any content from the Websites in any manner which is, in our sole discretion, not reasonable and/or not for the purpose for which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Websites or any content on the Websites, except as expressly authorised by us;
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
(l) interfere with the Websites.
(m) use profanity on the Websites.
(n) infringe on Sawce’s intellectual property.
(o) continue to use the Websites if you are a registered member and your account is suspended.
(p) post want ads, except in the Help Me Find IT section of Sawce.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
10. OUR RIGHTS TO USE INFORMATION YOU SEND US
Sawce appreciates your ideas but, as they are unsolicited, will regard any intellectual property in those ideas as having been assigned or licenced to Sawce, meaning that those ideas can be reproduced or exploited in any form without further obligation to you.
11. NO GUARANTEES AS TO SECURITY OF YOUR INFORMATION
While Sawce takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Sawce systems or on Sawce's Websites. Sawce disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
12. YOUR RESPONSIBILITY FOR YOUR PASSWORD AND LOGIN
To become a registered user, you must provide a password and a login name. You are entirely responsible for maintaining the confidentiality of your password and login name. You are also entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions available to you on the Websites. You may also change your login by contacting us through the contact details provided on the Websites.
You agree to immediately notify Sawce of any unauthorised use of your login name or any other breach of security known to you.
13. USER WARRANTIES
You represent and warrant that:
(a) the information you supply on registration is accurate in all respects;
(b) if any of that information changes you will promptly notify Sawce in writing of the changes or make appropriate changes to your MyAccount area;
(c) your use of the Websites will comply at all times with these Terms and Conditions and any directions published from time to time by Sawce on the Websites;
(d) you will make sure that you keep your username and password by which you access the Websites confidential and secure at all times;
(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Sawce;
(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Sawce to display your Contributions; and
(g) you will not make any Contributions that:
- (i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Websites.
14. COPYRIGHT AND TRADEMARKS
Copyright in the material and trade marks on the Websites are owned by Sawce Pty Ltd ABN 33 134 158 151 (“Sawce”) unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Sawce.
15. POLICY FOR LINKING TO AND FROM OUR WEBSITES
Sawce reserves the right to use hyperlinks within the Websites or other materials we may distribute. Where we do use a hyperlink, we will endeavour to attribute the original source of the hyperlink where it points to third party content and do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
When linking to our Websites we ask that you:
- Link to our content directly.
- Comply with all copyright, trade mark or other applicable laws.
- Use the title or headline of the content to which you are linking as the link text, as long as you link directly to that content
Please do not:
- Attribute a link to Sawce content as being a link to your own or someone else's content (for example, use your own logo to link to our content).
- Attribute a link to our Websites and then link somewhere else.
- Frame our content in such a way as to present it as your own or as belonging to anyone other than Sawce or our licensors.
16. USING THE ‘HELP ME FIND IT’ FUNCTION
Sawce may choose to provide a ‘Help Me Find IT’ facility where you may send us your requirements, if you cannot find a suitable product on our Websites. Any requirements must be sent via the Help Me Find It link or form provided, or sent to helpmefindit@Sawce.com.au.
We make no guarantee that will be able to find a solution for your requirements, or that we will be able to reply to your requirements at all.
17. PARTICIPATING ON SAWCE COMMUNITY CONTENT AREAS (BLOGS, REVIEWS & GUIDES)
Where possible, we encourage and welcome your contribution to our Community content areas including blogs, reviews and guides. However, any contribution must be in accordance with the terms and conditions of this User Agreement
18. OUR POLICIES
Sawce’s policies are designed to:
- Support government laws and regulations
- Minimise risks to both buyers and sellers
- Protect intellectual property rights
- Provide an enjoyable experience for both buyers and sellers
- Support the values of our Community
Violations of policy may result in a range of actions including:
- Listing cancellation
- Limits on account privileges
- Account suspension
- Forfeit of fees on cancelled listings
- Legal action by us or third parties.
In addition to rules that apply to all users via this User Agreement, Sawce also has rules specifically for Sellers, which we agree separately with each Seller before they can participate in the Sawce Marketplace.
You agree to indemnify Sawce, Sawce’s subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use and access to the Websites, the Sawce Marketplace or Contributions not in accordance with these terms.
20. LIMITATION OF LIABILITY
Certain rights and remedies may be available under the Australian Consumer Law or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Sawce excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any consumer guarantee that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL SAWCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF SAWCE AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
21. GENERAL PROVISIONS
By accessing or using the Websites you agree to be bound by these terms and conditions of use as amended from time to time. Should you object to any of our terms and conditions of use or other notices on the Websites your sole option is to immediately cease your use of the Websites.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Sawce can change these terms and conditions at any time, and such terms and conditions will be binding and come into effect immediately once they are published.