Teambuys General Terms and Conditions
Teambuys Pty Ltd (ABN 56 163 534 530) ("Teambuys") and its Third-Party Suppliers (TPS) provide website features and other products and services to you when you visit or shop at www.teambuys.com (“Website"). Teambuys sells our products to you subject to the Terms and Conditions set out on this page. Please read the following Terms and Conditions carefully before placing an order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. By using the Website, you agree to be bound by the Terms and Conditions. Please read them carefully. Your usage of the Website indicates your acceptance of these Terms and Conditions. Your placement of an order also indicates your acceptance of these Terms and Conditions.
Which terms and conditions apply?
All products you order on the Website are offered and supplied by:
- Teambuys, but are not Teambuys owned and produced products; and
- Third party companies and resellers (TPCR).
Products which are offered and supplied by Teambuys are considered and defined as TPCR products.
If you do not understand these Terms and Conditions or if you have any questions, please email support@teambuys.com before making any purchase.
Conditions of Use
Please read these conditions carefully before using the Website. By using the Website, you agree to be bound by these Terms and Conditions that apply to the use of this Website and the ordering, purchase, fulfilment and delivery of products from the Website and TPCR. These Terms and Conditions constitute a contract between the customer (“you”) and Teambuys.
1. GENERAL TERMS
1.1 In these Terms and Conditions, words such as “we”, “our” or “us” means Teambuys Pty Ltd (ABN 56 163 534 530) and includes its related companies, directors, employees and agents; and “you” or “your” means the person who accepts these Terms and Conditions by using this Website and associated software, networks and processes, including the purchase of products or services through the Website.
1.2 By browsing the Website, or placing an order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Teambuys and you for the supply of products from the TPCR.
1.3 These Terms and Conditions, together with your order, constitute the entire agreement between Teambuys and you for the supply of products and the agreement cannot be varied unless Teambuys agrees to vary it in writing or by email.
2. LEGAL CAPACITY
If you are under the age of eighteen (18) years, you cannot place orders with Teambuys. By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen (18) years. Persons under the age of 18 may only use our Website only with involvement of a parent or guardian.
3. PRIVACY
Use of this Website is subject to our Privacy Policy that governs your use of this Website and can be viewed here.
4. ELECTRONIC COMMUNICATIONS
By placing an order online or otherwise contacting Teambuys, you are communicating with Teambuys electronically and you agree that:
(a) You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing;
(b) We may store, process, use and disclose data collected from your order for the purposes of processing and fulfilling your order; and
(c) Your data will be handled in accordance with our Privacy Policy.
5. COPYRIGHT AND OTHER RIGHTS
5.1 This site is owned and operated by Teambuys. Unless otherwise specified, all material and / or content included in or appearing on this Website, including the text, website design, graphics, logos, button icons, images, typefaces, digital downloads and data compilations (collectively “Content”) as well as the selection, assembly and arrangement thereof is the property of Teambuys or its content suppliers, including TPCR’s, and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.
5.2 All audio and video clips are the sole property of Teambuys and / or the TPCR or their respective content providers. All software used on the Website is the sole property of Teambuys or those supplying the software. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the Content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Teambuys prior express written permission. All rights not expressly granted herein are reserved.
5.3 Other than to the extent necessary to use any Website for its permitted purpose and in accordance with these Conditions of Use, you may not copy, extract and / or re-utilise any content of any Website without Teambuys express written consent, including, without limitation, any product listings, descriptions, prices and account information.
6. TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Website are trademarks of Teambuys and / or a TPRC. The Teambuys trademark may not be used in connection with any product or service that is not Teambuys, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Teambuys and / or a TPCR. All other trademarks not owned by Teambuys that appear in any Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Teambuys. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Teambuys without our express written consent. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
7. RIGHTS OF ACCESS AND WEBSITE USE
7.1 Teambuys grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access this Website and make personal and non-commercial use of the Website. The right granted to you does not include any license or permission to use the Website or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Website or any part thereof.
7.2 All rights not expressly granted to you in these Conditions of Use are reserved and retained by Teambuys and / or its TPCR’s or other content providers.
7.3 You may not misuse, modify, copy or otherwise deal with the Website without our express written consent and in accordance with law.
7.4 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
7.5 You must not use the Website:
(a) in any way that causes, or is likely to cause, any Website or TPCR website, or any access to it to be interrupted, damaged or impaired in any way;
(b) in any way that may interfere with or harm any other user of the Website;
(c) for fraudulent purposes, or in connection with a criminal or other unlawful activity; or
(d) in any manner that is not permitted under these Conditions of Use.
7.6 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
7.7 Without limiting any other rights we have at law and under these Conditions of Use, the access and use rights granted by Teambuys under these Conditions of Use terminate if you do not comply with this Section 7.
7.8 Teambuys reserves the right to:
(a) suspend or deny your access to any or all of the pages on the Website. We will not be liable to you or any other party for termination of access to the site; and
(b) temporarily or permanently interrupt or disable some or all services on the Website at any time.
7.9 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
8. TPCR / THIRD-PARTY WEBSITES
The Website contains links to other websites controlled by TPCR’s (“TPCR websites”). Teambuys is not responsible for any content on TPCR websites nor does it endorse or approve such TPCR websites. If you choose to visit these TPCR websites, you do so at your own risk and should make your own enquiries before relying on any content contained on such TPCR websites.
Parties other than Teambuys may operate stores, provide services, or sell products on this Website and we may provide links to the sites of TPCR websites for certain products or services. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we will share your information related to those transactions with that TPCR who is responsible for the fulfilment of your orders.
Teambuys makes no representations about the quality or accuracy of material available on TPCR websites or that such material does not infringe the intellectual property rights of a third-party.
9. YOUR ACCOUNT
9.1 You must provide accurate and complete information about yourself when requested by a relevant form on this Website. You must ensure that the details you provide to Teambuys are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the ‘Your Account’ area of the Website.
9.2 You are responsible for maintaining the confidentiality and security of your account, password and computer. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. All activity made under your account is your responsibility.
9.3 If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, we reserve the right to take action on your account in accordance with these Conditions of Use, including without limitation by:
(i) refusing service;
(ii) suspending or restricting access to your account;
(iii) terminating your account; or
(iv) removing or editing content you post using your account.
The action we elect to take and any notice you may receive will vary depending on the Website, the circumstances and our assessment of relevant factors in accordance with Section 7.8 of these Conditions of Use.
9.4. You agree to indemnify Teambuys from any loss or damage to Teambuys arising from your use of the Website, any breach by you of these Conditions of Use, or a claim that your use of this Website infringes any intellectual property rights of any third-party and / or TPCR is defamatory.
10. REVIEWS AND COMMENTS
10.1 We may allow visitors from time to time to post reviews, comments or other content, send communications; make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in Teambuys sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right, but not the obligation, to remove any content at our discretion at any time.
10.2 If you do post any information, content or submit material on our Website, and unless we indicate otherwise, you grant Teambuys and the TPCR’s a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
10.3 You grant Teambuys and the TPCR’s the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Teambuys and the TPCR’s for all claims resulting from content you supply. Teambuys has the right, but not the obligation, to monitor and edit or remove any activity or content. Teambuys takes no responsibility and assumes no liability for any content posted by you or any third party.
10.4 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you:
(a) consent to any infringement of; and
(b) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Teambuys, at our request.
10.5 You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication.
10.6 You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it:
(a) is accurate;
(b) complies with these Conditions of Use; and
(c) does not breach any applicable laws.
10.7 You agree to indemnify Teambuys for all claims brought by a third-party against Teambuys arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
11. INTELLECTUAL PROPERTY
11.1 All intellectual property rights (Intellectual Property) in any content on the Website, including but not limited to, images, pricing, data, software, artwork, its visual design, and the arrangement and display of any content on the Website (“Material”)), is owned by, or licensed to Teambuys, TPCR’s or the relevant third-party product owner, and is protected by intellectual property laws.
11.2 Unless expressly authorised under these Conditions of Use or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Teambuys Website.
11.3 You may not use Teambuys trademarks in connection with any product or service that is not or, in any manner that is likely to cause confusion, or in any way that disparages or discredits Teambuys.
11.4 All other trademarks not owned by Teambuys or TPCR’s or its related companies that appear on this Website are the property of their respective owners.
11.5 You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without Teambuys express written consent.
11.6 You may not in any way commercially exploit any material obtained from the Website.
11.7 Teambuys respects the intellectual property of others. If you believe that an item or information on any Website infringes your intellectual property rights, please contact us at support@teambuys.com
12. ROLE OF TEAMBUYS
Teambuys allows TPCR sellers to list and sell their products on the Website. The relevant TPCR is indicated on the respective product detail page. Your transaction is with Teambuys directly.
13. WARRANTIES, DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
13.1 This Website is provided "as is" and Teambuys excludes all warranties of any kind to the fullest extent permissible by law. Teambuys does not guarantee the accuracy or completeness of the Website, any information or content on it, or that it is free of defects or viruses.
13.2 Except as expressly stated herein and to the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this Website or your use of or reliance upon any of the information, services or materials contained in the Website or provided by the Website to you.
13.3 Teambuys makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Website. Except as expressly stated herein, Teambuys expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose except for the 'Consumer Guarantees' outlined in the Australian Consumer Law (located at www.accc.gov.au).
13.4 Nothing in these Terms and Conditions is intended to:
(i) override any express commitments Teambuys gives to you (e.g. commitments Teambuys gives to provide a refund of fees in certain circumstances); or
(ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law.
Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these Terms and Conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.
13.5 You agree that the sole and exclusive maximum liability to Teambuys arising from any product sold on the site shall be the price of the product ordered. In no event shall Teambuys, its directors, officers, employees, agents, representatives and TPCR’s be liable for special, indirect, consequential or punitive damages related to product sold.
13.6 Unless otherwise specified in writing, Teambuys disclaims, and does not make, any representation or warranty of any kind in respect of the Website including without limitation any representation or warranty:
(i) that they are free of viruses or other harmful components;
(ii) that your use of the Websites will be uninterrupted or error-free; or
(iii) as to the suitability or availability of the Websites.
13.7 Teambuys will not be responsible for:
(i) losses arising from the unavailability of, or your inability to use any Website;
(ii) losses that are not directly caused by any breach on our part;
(iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
(iv) any indirect or consequential losses;
(v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to the Website, we limit our liability to the amount you have paid to us for the relevant Website.
13.8 You expressly agree that use of the Website is at your sole risk. In no event will Teambuys its directors, officers, employees, agents, representatives and TPCR’s or the like warrant that the Website will be uninterrupted or error-free. In addition, Teambuys do not make any warranty as to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website.
13.9 Further, Teambuys explicitly disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Website from third parties. Teambuys cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
13.10 Under no circumstances shall Teambuys, the TPCR or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from:
(i) the use of or inability to use the Website;
(ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
(iii) unauthorised access to or alteration of your registration information, transmissions or data;
(iv) statements or conduct of any third party on the Website;
(v) negligent or wilful acts of Teambuys, its directors, officers, employees, agents, representatives and TPCR’s; or
(vi) any other matter relating to the Website.
13.11 You agree to indemnify and hold Teambuys, its directors, officers, employees, agents, representatives and TPCR’s harmless from any claim or demand, including reasonable legal fees, made by any you or any third-party due to or arising out of the Content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the Conditions of Use, or your violation of any rights of another.
13.12 Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.
14. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us at support@teambuys.com
15. WEBSITES
15.1 Teambuys reserves the right to make changes to the Teambuys Website and these Terms and Conditions without notice to you. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the Website and will not impact any purchase contracts entered into prior to the date of the publication of the revised Terms and Conditions.
15.2 Teambuys reserves the right to cease providing the Website to you, to discontinue any Website and to make changes to the Website at any time. Your access to the Website may be suspended or restricted in accordance with these Conditions of Use, and as necessary for Teambuys’ business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
15.2 In order to keep the Teambuys software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
16. AMENDMENTS
Teambuys reserves the right to make changes to any Conditions of Use and Conditions of Sale at any time by posting the changes on the Website. You will be subject to the Conditions of Use and Conditions of Sale made available on the Website at the time that you use the Website. You may at any time, cease using any Website, terminate your account or the relevant Website (in accordance with Section 9) including in the event of any such change.
17. SEVERABILITY
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
18. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
19. OUR CONTACT DETAILS
- For general inquiries: contact us at support@teambuys.com
20. NOTICES
20.1 If you believe that your rights are being infringed, you may fill out and submit the Notice Form supplied on the website. We will endeavour to respond expeditiously to you once you complete and submit the Notice Form to communicate concerns about any alleged infringement.
20.2 Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Teambuys the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the TPCR and / or parties, which involved in the provision of the allegedly infringing content. You agree to indemnify Teambuys for all claims brought by a third party against Teambuys arising out of or in connection with the submission of a Notice Form.
20.3
Giving false, misleading or inaccurate information in the Notice Form to Teambuys may result in civil and / or criminal liability. You should contact a legal advisor should you have any questions.
Terms and Conditions Relating to Health & Beauty Products
1. Unless expressly indicated otherwise, Teambuys website offers a wide range of products, including healthcare and pharmaceutical products. Teambuys is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, products and any product packaging and materials may be different from that displayed on our website.
2. This Website contains information about common medical conditions and general treatments. This information is designed to provide general health information and is not exhaustive. For healthcare products, content on this Website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Teambuys accepts no liability for inaccuracies or misstatements about products by manufacturers, TPCR’s or other third parties. This does not affect your statutory rights.
3. Information available on this Website should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and always read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.
4. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us. All information about the products on our Website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.
Information Disclaimer
5. All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Website is complete and / or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
6. Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Website. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
7. The information contained in this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties’ medical condition.
Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.
Terms and Conditions for Participating Sporting Clubs
Teambuys Pty Ltd (ABN 56 163 534 530) ("Teambuys") and its Third-Party Companies and Resellers (TPCR) provide website features and other products and services that benefit registered clubs to the Teambuys website platform. Consumers may nominate your club as their chosen beneficiary when they visit or shop at www.teambuys.com
1. GENERAL TERMS
1.1 In these Terms and Conditions, words such as “we”, “our” or “us” means Teambuys Pty Ltd (ABN 56 163 534 530) and includes its related companies, directors, employees and agents; and “club”, “you” or “your” means the person and / or club who accepts these Terms and Conditions by using this Website and associated software, networks and processes, including the purchase of products or services through the Website.
1.2 By registering your club on the Website, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Teambuys and the club. To register your club you agree to have the approved authority by your club to perform and maintain this registration.
2. CLUB ACCOUNT OBLIGATIONS
2.1 In consideration of your use of the Website, you agree to:
(a) provide true, accurate, current and complete information about your club as prompted by the registration form (the "Registration Information");
(b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete; and
(c) you use the site as the nominated and approved representative of your club. Any changes you make to your club registration details are done with the support of the relevant governing bodies within your club.
2.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website. We may also suspend the distribution of any funds owed to your club in the event that we suspect fraudulent behaviour or conduct.
2.3 You are responsible for maintaining the confidentiality of your password and Registration Information and are fully responsible for all activities that occur under your password and Registration Information. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Teambuys Pty Ltd consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing consumers orders, for statistical purposes to improve our Website and services to you, to administer our Website, and to notify you of products or special offers that may be of interest to your club.
2.4 The registered authority nominated on the club account in Teambuys must nominate a delivery address for product delivery purposes. This address should be the usual postal address used by the club.
3. DISTRIBUTION OF MONIES
3.1 Teambuys will distribute any monies owed to clubs in a batch payment at the end of each month and no later for any transactions that occur during that calendar month to a club’s nominated account. Teambuys reserves the right to distribute payments to a club’s nominated account earlier and any time at our discretion during a month.
3.2 In the event that a club purchases products or services directly from Teambuys, the club entity is subject to the standard consumer Terms and Conditions.
3.3 Clubs must be fully registered and approved members of Teambuys the Website before Teambuys will transfer any funds owing from any consumer transactions who have nominated the club as a beneficiary.
4. Data Protection (See Privacy Policy)
Additional Items
4.1 Teambuys will not share private information about club transactions or club member transaction with any 3rd party other the relevant suppliers responsible for the fulfilment of the products acquired on www.Teambuys.com.
4.2 Teambuys will not disclose the identity of any club or consumer in any of it’s public reporting.
4.3 Teambuys will not disclose the product name or description of any products acquired by a clubs nominated members on Teambuys.
4.4 Teambuys will provide the names and amounts spent by a clubs nominated and registered members on Teambuys to the registered club Administrator nominated by each club.
4.5 Teambuys will analyse, aggregate and report transactions values to the public without ever disclosing the name of the consumer of club in any publicly available reports unless previous permission is granted in writing by the relevant consumer or clubs..
Conditions of Sale
These Conditions of Sale govern the sale of products and services on www.teambuys.com.au by Teambuys Pty Ltd (ABN 56 163 534 530) ("Teambuys") and its Third-Party Companies and Resellers (TPCR) when you visit or shop at www.teambuys.com.au
Please read these conditions carefully before placing an order for products sold by Teambuys. By placing an order, you agree to be bound by these Terms and Conditions.
1. OUR CONTRACT
1.1 These Conditions of Sale apply to any products and services sold by, and any transaction between you and a TPCR in accordance with Section 8 of the Conditions of Use that applies to those products and transactions.
1.2 A openly declared dollar and varying amount per product from each sale will be distributed to your nominated club.
1.3 Teambuys reserves the right to monitor and limit the purchase amounts and / or purchase frequency of products at its sole discretion. Teambuys reserves the right to restrict sales to a non-commercial level at its sole discretion. If you require large volumes of products please email your enquiry or request to support@teambuys.com. Large volumes would be considered to be more than 10 of the same item per transaction.
2. STATUTORY RIGHTS AND REMEDIES
2.1 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Teambuys reserves the right at any time after receipt of your order to accept or decline your order for any reason.
2.2 Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
2.3 Teambuys accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties, including TPCR’s. This does not affect your statutory rights.
3. PRICING, AVAILABILITY AND TYPOGRAPHICAL ERRORS
3.1 Prices displayed on the Website are subject to change without notice. Once an order has been accepted by Teambuys and a purchase contract formed under Section 4 of the Conditions of Sale, the price of the product or service cannot be varied except:
(i) by agreement between you and Teambuys in writing or by email or other electronic communication; or
(ii) in accordance with clause 3.4.
3.2 All prices listed on the Website:
(i) are inclusive of GST; and
(ii) exclude delivery costs, which are shown separately on an order.
3.3 Teambuys lists availability information for products sold by us on the Website including on each product information page, however, availability is dependent upon TPCR’s product availability. In the event that the product is not available, then Teambuys will notify you at our earliest convenience and give you the option of a refund or an expected availability timeframe for the product.
3.4 In the event a product is listed at an incorrect price due to typographical error, Teambuys shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Teambuys shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Teambuys shall immediately issue a credit to your credit card account in the amount of the incorrect price.
4. PLACING OF ORDERS
4.1 You may place an Order by following the instructions on the Website. By placing an order, you make an offer to enter into an agreement to purchase the product(s) the subject of your order (“Purchase Contract”).
4.2 Orders will be deemed to have been received by Teambuys at the time Teambuys sends an order confirmation to your nominated email address.
4.3 It is the consumer's responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
4.4 Teambuys reserves the right:
(i) to decline to enter into a Purchase Contract with you and may cancel your order at any time prior to dispatch of the product(s); or
(ii) in certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Website.
4.5 If we reject an order placed through the Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
4.6 In the event of a cancelled order not dispatched, funds paid in relation to that order will be refunded in full within seven (7) days of your payment. You will be provided with email confirmation of the cancellation and refund.
4.7 Teambuys does not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
4.8 In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes, but is not limited to where we suspect the transaction has been made without the authority of the credit card holder.
4.9 Teambuys shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Teambuys or the TPCR’s and Teambuys shall be entitled to a reasonable extension of time for the performance of such obligations.
4.10 Where you have provided an incorrect or incomplete delivery address for your order, Teambuys may charge a redelivery fee for each subsequent delivery attempt.
4.11 Each order placed for products through the Website that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order.
4.12 By agreeing to purchase a product, you accept that Teambuys is not responsible for the picking, packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and the TPCR have picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, Teambuys is unable to refund your payment.
5. CANCELLATION AND RETURNS POLICIES
You may submit your cancellation request using the support@teambuys.com section of the website. The cancellation request must be made within 5 hours of the transaction on www.teambuys.com
6. FAULTY OR DAMAGED GOODS
Teambuys will not repair any products. Teambuys will replace or refund faulty or damaged products in accordance with:
(a) each individual TPCR policy; and
(b) your rights under the Australian Consumer Law.
7. GIFT VOUCHERS
7.1 Only Teambuys branded and supplied gift vouchers may be redeemed on the Website by entering the Teambuys voucher code into the Gift Card field at checkout. Teambuys Branded Gift Vouchers are currently not available and are coming soon.
7.2 Third-party gift vouchers & e-Vouchers may not be used on the Website and must be used in accordance with that third-party’s gift voucher policy.
7.3 All gift cards regardless of vendor including Teambuys owned and branded gift cards will not be refunded.
8. DELIVERY TIMES AND OWNERSHIP OF GOODS
8.1 After ordering online, you will receive an email confirmation from Teambuys containing your order number, details of your order and a link to track its progress. However, on account of the nature of the internet, we cannot guarantee receipt. Please add the Teambuys email address in your contact address book to ensure emails are not sent to junk mail or blocked by your fire wall.
8.2 Teambuys will try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Teambuys does not accept any liability for loss or damage suffered by anyone as a result of any such delays. You may receive multiple deliveries for your order and these are described at the point of checkout.
8.3 The delivery fee for your order depends on the option chosen at checkout.
8.4 You acknowledge and agree that any person at your nominated delivery address who receives the products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, written instructions will be left on how you can collect your order from the nearest Post Office or delivery centre.
8.5 Teambuys can deliver Products to PO Box addresses.
8.6 Where you give written authority for products to be delivered without a signature, any and all included insurance cover will be voided.
8.7 The couriers or postal services nominated by a TPCR will deliver products during local business hours (9am to 5pm, Monday to Friday).
8.8 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Teambuys or TPCR. Where a scheduled dispatch of a product is delayed by more than two (2) weeks, you will be notified by email via your nominated email address in your order.
8.9 Teambuys is not responsible for the delivery times of products. Once products have been dispatched, it is your responsibility to liaise with the courier nominated by the TPCR in relation to date and time of delivery. Teambuys shall not be liable for any inaccuracy of information provided to you relating to the date and time of delivery.
8.10 Teambuys or the TPCR reserves the right to not ship to very remote or rural locations. Teambuys or the TPCR will notify you by email within 24 hours of making this decision.
9. PRODUCT INFORMATION
9.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a product once an order has been accepted by us and a Purchase Contract formed under Section 4 of the Conditions of Sale.
9.2 Teambuys takes no responsibility for any personal damages or claims You wish to pursue based on your consumption and usage of any products purchased on the Website.
9.3 Health and Beauty related products or services are consumed at your discretion and in accordance with the Terms and Conditions Relating to Health and Beauty Products on this page and you should check the instructions and recommendations provided on the actual product once it has been delivered.
9.4 If you have any concerns or confusions about the safety of consumption of any goods acquired on the Website, then you should seek independent professional advice from a relevant clinical practitioner or General Practitioner.
9.5 All weights and dimensions of products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
10. CUSTOMS AND INTERNATIONAL DESTINATION RESTRICTIONS AND LIABILITY
10.1 When ordering products from Teambuys for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Teambuys for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10.2 Teambuys has no control over international customs or international postal operations and as such, takes no responsibility for damaged items or items claimed to be missing.
10.3 Teambuys will not refund any international orders where such claims are made. We recommend such claims are placed with your local customs and or postal service.
10.4 Teambuys reserves the right to restrict orders and deliveries to certain countries at its sole discretion.
10.5 Teambuys is not responsible for the loss of any orders due to untraceable consignments numbers.
10.6 Teambuys is not liable for any cost that may be incurred due to customs tax or delivery tax.
10.7 Teambuys holds no liability to any orders that are detained by any country’s customs, this may also affect delivery times and the Website holds no responsibility on the order being delivered within a certain timeframe or cost.
10.8 Teambuys cannot guarantee the quality of any food products delivered due to extended shipping times and weather and hold no liability on replacing / refunded them.
10.8 Teambuys cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing / refunded them.
10.9 Teambuys Is not liable for any discrepancy of currency at the time of the refund.
10.10 Teambuys will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account.
10.11 Teambuys does not monitor orders or inspects all packages leaving Australia to ensure that all items ordered by you are included in each order and that each order is safely packed for international shipping. This is the responsibility of our postal and distribution partners, including TPCR’s.
11 PAYMENT METHODS
11.1 We accept most major credit cards including Visa and MasterCard and applicable “Buy Now, Pay Later” (BNPL) providers. Please note that we do not accept international credit cards online.
11.2 Teambuys does not accept payment by BPAY, cheque, travellers’ cheques or cash.
11.3 Please be sure to provide your exact billing address and telephone number and address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
11.4 Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
11.5 If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols, your order will not be fulfilled. If you do not provide the requested information to us within up to seven (7) days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
12. DISCLAIMER AND LIABILITY
12.1 Unless otherwise stated in writing, Teambuys disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the Website or that you may order from us. Teambuys will not be responsible for:
(i) any loss arising from the unavailability of any product;
(ii) losses that were not caused by any breach on our part;
(iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
(iv) any indirect or consequential losses; or
(v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 12 does not affect your rights under Section 8.
12.2 Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the Website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).
12.3 The disclaimers, exclusions, and any other limitations on Teambuys liability in this Section 12 does not override any express commitments Teambuys gives to you.
12.4 Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.