Shopa Marketing Terms & Conditions

Terms & Conditions

Shopa Docket is a part of Shopa Marketing Australia (ABN 48 662 586 558).

INTRODUCTION

The websites (“Website”) and applications (“Application”) you have now accessed are owned and operated by Shopa Marketing, (“we”, “our”, “us”, “Shopa Marketing”).
Thank you for using our products and services that are available via the Website and Application from time to time (“Services”).
Information about how to join and use the Website, Application and Services, along with the application game terms contained at Appendix A, form part of these terms and conditions (“Terms”). By accessing or using the Website, Application or Services, you agree to be bound by these Terms.
Your access to and use of the Website, Application and/or Services is conditional upon your agreement to and acceptance of these Terms and any other policies or terms made available to you on the Website, Application or otherwise via the Services. Each time you use the Website, Application or Services, you agree to be bound by these Terms and any such additional policies or terms. If you do not wish to be bound by these Terms, do not use the Website, Application or Services.
We may modify these Terms at any time, and such modification will be effective as soon as it is posted on the Website and/or Application. By continuing to use the Website, Application or Services, you agree to be bound by these Terms as modified. Since you are bound by these Terms each time you use the Website, Application or Services, you should check these Terms for any revisions each time you use the Website, Application or Services and wherever prompted to do so
We reserve the right to change the Website, Application or Services in any way without notice to you. Even if you have registered an account, your ability to access and use the Website, Application or Services may be terminated at any time without notice to you. If you do not agree to these Terms, you must immediately cease using the Website, Application or Services and, if you are using the Application, delete the Application from your device
We may use third party suppliers and technology providers to operate and provide parts of the Website, Application or Services.
Any costs associated with downloading, installing, accessing and using the Website, Application or Services remain your responsibility and are dependent on the service provider used.
Shopa Marketing makes no representation that the Website, Application or Services (or any element of thereof) is appropriate or available for use in all locations.
If you are the driver of a vehicle (or other form of transport), you must not use the Website and/or Application while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Website and/or Application when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Website, Application or Services. In the interests of safety at all other times, Shopa Marketing of Companies recommend that you only use the Website, Application or Services when it is lawful and safe to do so.

USE OF WEBSITE AND APPLICATION

You agree not to misuse the Website, Application or Services and to only access the Website, Application or Services using the interface and instructions provided. The Website, Application and Services are provided for your own personal use. They must not be used for any commercial purposes whatsoever or for any illegal or unauthorised purpose. When you use the Website, Application or Services, you must comply with all applicable laws.
You may not decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website or Application to a human perceivable form; distribute or republish any element of the Website or Application in any way; resell, rent, lease or lend any element of the Website or Application; defeat, disable or circumvent any security feature of the Website or Application; or transfer any element of the Website or Application to any third party.
You must not engage in crawling, scraping, caching or otherwise accessing any content on the Website or Application via automated means, except with Shopa Marketing’s written consent.
You are solely responsible for your interactions with other users of the Website, Application or Services. You agree that Shopa Marketing is not responsible for the conduct of any user
Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between Shopa Marketing and any user.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Website, Application and Services (as applicable) in the manner anticipated in these Terms. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with Website and/or Application and meets all relevant technical specifications necessary to obtain the benefit of the Website and/or Application.
The Website and or Application may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to Shopa Marketing accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of each social media platform before engaging or interacting with the social media links, applications or features on the Website and/or Application. Shopa Marketing is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

REGISTRATION

You may need to be a registered member (“Member”) in order to use or access some parts of the Website, Application or Services. In order to become a registered Member, you must register an account in the manner required and as set out in these Terms, and our Privacy Policy.
Shopa Marketing reserves the right to refuse or cancel registration of an account for any reason in its sole discretion. Any decision of Shopa Marketing is final.
You agree that the membership details and all information you provide when completing the registration form is accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
You must provide a valid email address when you register to become a Member and create an Account. For your membership to be considered active and valid, you must validate your email address by clicking on a link within an email we send to you after registration. Your registered email Address must not be the same registered email address used for another Account
You may never use another’s account without their permission. You are responsible for maintaining the strict confidentiality of your account and for any activity under your account. You must immediately notify Shopa Marketing of any unauthorised access to your account or other breach of security. It is your sole responsibility to control access to and use of your account and to notify The Shop Marketing when you desire to cancel your account. Shopa Marketing will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Shopa Marketing retains the right and absolute discretion to terminate your account and/or access to the Website, Application or Services (or any element thereof) if it believes that you are abusing or tampering with the Website, Application or Services (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Website, Application or Services (or any element thereof). Shopa Marketing’s legal rights to recover damages or other compensation from such an offender are reserved.
The use of any automated software or any other mechanical or electronic means allowing a user to create accounts is prohibited. Shopa Marketing reserves the right to suspend or terminate your account if it believes you are engaging in such activity.
If you elect to use the Website, Application or Services at work or use a workplace email address for your registration, you are responsible for ensuring that such use complies with any and all rules, policies or protocols which apply in and to you in your workplace.

PRIVACY

Our privacy policy (“Privacy Policy”) explains how we collect, use, protect and disclose any personal information you give us when you use the Website, Application and Services and how we obtain your consent to send you electronic messages. These Terms incorporate our Privacy Policy. By using the Website, Application or Services you agree that we can collect, use and disclose your data and personal information in accordance with our Privacy Policy.

PROMOTIONS AND INFORMATION ON OUR WEBSITE & APPLICATION

Shopa Marketing is a promotional aggregator and advertiser that provides users with access to coupons, offers and discounts on products and services offered by third party vendors (“Partners”) as well as our own goods and services. Offers include:
1. Coupons and offers from our Partners;
2. Rewards offers from us and our Partners; and
3. Competitions and games
While we endeavour to update information that is on the Website and Application on a timely basis, we shall not be liable for any delays in the update of Offers advertised.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons, Offers or other promotions or other materials contained on, distributed through, linked, downloaded or accessed from the Website and/or Application where they originate from our Partners and not from Shopa Marketing directly.
We communicate Offers provided to us by our Partners and have no control over, and make no representation about, the accuracy of Offers from our Partners including their currency, content (including price and availability), quality, copyright compliance or legality. Offers are subject to their prevailing terms and conditions.
Offers are open to residents of Australia & New Zealand only, unless otherwise expressly stated.
Offers are for personal (non-commercial) use only.
Any reference, search result, information or hyperlink (“Advertisement”) Shopa Marketing makes available or gives about a Partner’s Offer, its trademarks, products, promotions or services does not indicate, expressly or impliedly, Shopa Marketing’s endorsement, sponsorship or recommendation of that Partner, the Offer, or of the quality of any product or service obtained by you from the Partners as a result of that Advertisement.
In the event of any inconsistency between these Terms and the prevailing terms and conditions for a particular Offer, the prevailing terms and conditions of the particular Offer shall prevail.

COMPETITIONS AND GAMES

Shopa Marketing may include areas on the Website, Application, or Services where users may participate in competitions, promotions and/or games (“Competitions”), including the Play & Win or similar game available via the Application. All Competitions are subject to their prevailing terms and conditions (including, in relation to the Application Play & Win Game, additional conditions included at Appendix A) and applicable laws and by engaging, entering, joining and or taking part in any Competition you agree to be bound by the applicable Competition terms and conditions and any other rules specified from time to time. Shopa Marketing’s decision in relation to all Competitions is final and no correspondence will be entered into.

THIRD PARTY SITES AND TRANSACTIONS

By clicking on the advertising banners, sponsor links or other external links from the Website and/or Application, your browser may automatically direct you to a browser window that is not hosted or controlled by Shopa Marketing. Links to external websites are provided within the content of the Website and/or the Application as a convenience to users.
External links do not indicate, expressly or impliedly, that we endorse these sites or the products or services offered on them and Shopa Marketing make no representation regarding the availability, content and performance of any website to which we provide links.
Shopa Marketing is not responsible for the content of any linked sites, whether or not Shopa Marketing is affiliated with them. To the extent that these linked sites collect personal information or contributions from you, Shopa Marketing shall bear no responsibility or liability for the manner in which such personal information or contributions are collected, used or exploited.
Shopa Marketing may monetise some links to third party websites through the use of third party affiliate or other negotiated commercial programs. Notwithstanding such programs, Shopa Marketing has no influence or control over such linked sites.
You access external sites and use products or services offered on those sites at your own risk.
Any correspondence, business dealing, participation in a promotion or other contact with a third party, initiated through the Website, Application or Services is between you and that third party and excludes Shopa Marketing. This includes payment and delivery of goods and services and any other term, condition, warranties or representation associated with such dealings.
To the extent permitted by law, you assume all risks arising out of, or resulting from, a transaction with a third party and agree that Shopa Marketing is not liable for any loss or damage you suffer.

COMMUNICATIONS

By becoming a Shopa Marketing user, you agree to receive communications that are account and user related as well as periodic shopping related emails that highlight docket or special deals available to Shopa Marketing users.
We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process.
Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise.
You agree to keep us apprised of your current valid email address should it change or should it be discontinued.
5. We may also send you push notifications if you install the Application. If you do not wish to receive these notifications, you will have the option to disable them in your account settings.

INDEMNIFICATION

You agree to indemnify, and must defend and hold harmless, Shopa Marketing and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or Application):
1. your access to the Website, Application and/or Services;
2. your breach of these Terms or any of the warranties or covenants given or made by you;
3. any claim by any third party arising directly or indirectly from your breach of any of the provisions of these Terms;
4. any claim or allegation that any content you upload infringes a third party’s rights, including intellectual property rights;
5. your violation of any applicable laws, rules or regulations; and
6. any misrepresentation made by y

LIABILITY

Whilst Shopa Marketing endeavours to take all reasonable steps to ensure that the Website, Application and Services operate as expected, the Website, Application and Services and their entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Shopa Marketing disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Shopa Marketing does not make any guarantees and does not provide any undertaking that the Website, Application and Services will be available at all times or that they will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Website, Application and Services at your own risk and that Shopa Marketing disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Website, Application or Services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that result from accessing, installing, updating or using the Website, Application or Services. You assume total responsibility for your use of the Website, Application and Services, including compliance with all applicable road rules and regulations. Your sole remedy against Shopa Marketing for dissatisfaction with the Website, Application or Services or any content is to stop using the Website, Application or Services or such content. This limitation of relief is a part of the bargain between the parties.
Shopa Marketing and its affiliates’ and related entities’, its servants’, employees’ and agents’ liability for any breach of these Terms, including any liability for any losses or consequential losses which you may suffer or incur will be limited as Shopa Marketing may elect in its sole discretion, in the case of services supplied or offered by Shopa Marketing to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Shopa Marketing, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
Certain consumer laws and other statutes may imply warranties or conditions or impose obligations upon Shopa Marketing which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of such implied warranties, conditions or terms imposed on Shopa Marketing, Shop Marketing’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant laws and statute.

MONITORING

Shopa Marketing reserves the right to monitor the Website, Application and Services generally and all account activity. If your account shows signs of fraud, abuse or suspicious activity, Shopa Marketing may close or freeze the account immediately. Shopa Marketing retains the right and absolute discretion to suspend or terminate your account, and/or access to the Website, Application and Services generally without notice if Shopa Marketing believes you have abused any privilege accorded to you as a user, supplied misleading information or made any misrepresentations to Shopa Marketing in connection with the Website, Application or Services, tampered with the Website, Application or Services in any way, breached these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Website, Application or Services. In the event of termination or suspension of your account in accordance with these Terms, you will have no further access to your account for the duration of the suspension or at all in the event of termination. Shopa Marketing’s legal rights to recover damages or other compensation from you are reserved.

INTELLECTUAL PROPERTY

The Website, Application and all associated materials owned, developed or licensed by Shopa Marketing and made available via the Website, Application or Services (“Shopa Marketing Materials“) are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in Shopa Marketing Materials to any user.
All right, title and interest in all intellectual property rights in all of Shopa Marketing’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website, Application or Services (the “Brand Features“) are the property of Shopa Marketing and will remain or be vested in Shopa Marketing at all times. Your use of the Website, Application or Services will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website, Application or Services. Shopa Marketing, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website, Application and/or Services.
Shopa Marketing’s company names, design marks, branding, logos and slogans are trademarks and service marks of Shopa Marketing.
The Website and Application display some content and other Partner brands, logos and images that is not the property of Shopa Marketing. This content is the sole responsibility of the Partner that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in such Partner content to any user.
You may not use content from the Website and/or Application unless you obtain permission from its owner or are otherwise permitted by law.
Shopa Marketing may provide areas on the Website, Application or otherwise via the Services where users are able to upload content or other material. You agree that Shopa Marketing is not responsible for and does not endorse any content posted by users of the Website, Application or Services. Shopa Marketing does not have any obligation to pre-moderate, monitor, edit or remove any such content. If your content violates these Terms, you bear legal responsibility for that content.
You hereby grant to Shopa Marketing (and its agents and service providers) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use, host, reproduce, modify and creative derivative works of any content you upload to the Website, Application or otherwise using the Services for the purpose of operating, promoting and improving the Website, Application and/or Services and marketing and promoting Shopa Marketing and its products and services or any Partner in any manner, without further notification to or consent of you or any compensation payable to you. Such licence continues even if you stop using the Services.
You warrant, represent and covenant that any content you upload to the Website, Application or otherwise using the Services will not contain anything that:
1. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
2. is copied or adapted either wholly or substantially from any other work or material;
3. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
4. parodies, disparages or makes fun of Shopa Marketing or its products of services or Shopa Marketing generally in any way;
5. solicits passwords or personal information for commercial or unlawful purposes or from any person under the age of 18 or provides any telephone numbers, street addresses, last names, URLs or email addresses;
6. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
7. contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
8. contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
9. is an opinion or view not genuinely held by you;
10. advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorised by Shopa Marketing;
11. contains any viruses of computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or equipment;
12. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;
13. infringes the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity; or
14. in respect of receipts submitted via the Application, has been knowingly tampered with.

GENERAL TERMS

These Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia.
If the Website, Application or Services are not capable of running as planned for any reason beyond the reasonable control of Shopa Marketing, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website, Application or Services, or if any social media platform or third party software provider alters its terms of service, access or permission in such a way that affects the Website, Application or Service, Shopa Marketing reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Website, Application and/or Services.
If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

CONTACTING US

You may contact us via:

Address:	Level 4, 80 Market Street, South Melbourne, VIC
Telephone:	+61 1800 247 034
Email:	        customerservice@shopamarketing.com.