Terms & Conditions

Our Terms & Conditions for Use

Updated Friday, 16th July 2010

Welcome to the VIP Retail (the "Website"). Please read these Terms and Conditions of Use Notice ("the Notice") carefully before and during the use of the Website. By viewing or otherwise navigating to pages on this Website, you a gree to the terms and conditions in this Notice.

We reserve the right in our sole discretion to change, modify, add or delete any portions of this Notice at any given time. We will provide notice of such changes only by posting the updated notice on our Website and changing the "updated" date listed above. This Notice applies exclusively to your access to, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you may hold with VIP Retail ("VIP Retail") for products, services or otherwise. We encourage you to review our Notice each time you visit our Site to see if it has been updated since your last visit.

Privacy Policy

VIP Retail fully supports protecting user privacy and details. VIP Retail has therefore adopted a Privacy Policy. Users of this Website should refer to VIP Retail's Privacy Policy before providing any information.

Proprietary Rights

  1. Copyrights

    All Website materials, including, without limitation, the VIP Retail logo, VIP Trolley logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are either ALL RIGHTS RESERVED Copyright © 2010 VIP Retail or are the proprietary property of VIP Retail's affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials contained for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance, without the prior written permission of VIP Retail is strictly prohibited and may result in legal action being taken.

  2. Trademarks

    "Viptrolley.com.au", "VIP Trolley", and all other trademarks on this Website are either trademarks or registered trademarks of VIP Retail and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VIP Retail. In addition, all page headers, including images and photographs, custom graphics, button icons and scripts are service marks, trademarks, and/or trade dress of VIP Retail, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VIP Retail. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
    VIP Retail may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licences to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any licence to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray VIP Retail or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilise framing techniques to enclose any VIP Retail trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without VIP Retail's express written consent. Except as noted above, you are not conveyed any right or licence, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of VIP Retail or any third party.

Third-Party Content & Services

VIP Retail may provide hyperlinks to sites and content of third parties ("Partner Content") as a service to those interested in this information. VIP Retail does not monitor nor does VIP Retail have control over any Partner Content. VIP Retail does not endorse or adopt any Partner Content and can make no guarantee as to its accuracy or completeness. VIP Retail does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Partner Content. Users use these hyperlinks and Partner Content contained therein at their own risk.

Submissions

By submitting, disclosing or offering any review, shopping list, comments, feedback, suggestions, ideas, notes, concepts and other information, content or material, or other item (each, a "Submitted Item") to VIP Retail, either online or offline and whether or not solicited by VIP Retail, you hereby grant to VIP Retail an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and licence to use, display, publically perform, modify, reproduce, publish, distribute, make derivative works of, sublicence and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including by limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the licence set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at VIP Retail's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by VIP Retail to effect, perfect and confirm the licence granted to VIP Retail to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of VIP Retail and VIP Retail is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by VIP Retail, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant VIP Retail the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.

User Conduct

This Website may include discussion forums or other interactive areas, including, but not limited to, comments, thoughts and recipe / shopping list storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:

  1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that we deem to be unlawful, harmful, libellous, tortuous, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or radically, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Australian Stock Exchange (ASX), the Trade Practices Act 1974 or the Corporations Act 2001;
  3. Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity other otherwise misrepresent your affiliation with a person or entity;
  5. Without VIP Retail's written permission, distribute, publish, or make available any unsolicited or unauthorised promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
  6. Harm minors in any way; or
  7. Upload, post, email, transmit or otherwise make available any Material that contains software viruses or any other computed code, fields or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer

This website and the content available on it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, and you agree that use of this website and/or its content is at your sole risk. VIP Retail disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. VIP Retail does not represent or warrant that materials on this website are accurate, complete, reliable, current, or error-free. VIP Retail does not represent or warrant that this website or its server(s) are free of viruses or other harmful components. You acknowledge that your use of the website and content is at your sole risk.

VIP Retail reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any product, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VIP Retail.

Limitation of Liability

In no event shall VIP Retail or its affiliates, officers, directors, employees, agents or suppliers be liable for any direct, special, incidental or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in action in contract, tort (including, but not limited to negligence), or otherwise, arising out of or in any way connected with the use of, or inability to use, this website or content contained on, or accessed through, this website, even if VIP Retail has been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless VIP Retail and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim that by a third party that any Materials or Submissions infringe or violate such third party's rights or interests.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Materials and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g. a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THRID PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Australian Government, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in New South Wales, and you hereby irrevocably and unconditionally consent and submit to the exclusive legislation and jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Termination

VIP Retail reserves the right, without notice and in its sole discretion at any time, to terminate your licence to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not effect the validity and enforceability of any remaining provisions.

Copyright Complaints

Pursuant to Copyright Amendment (Digital Agenda) Act 2000 (Cth), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: VIP Retail Pty Ltd
Name of Agent Designated to Receive Notification of Claimed Infringement: Administration Department
Full Address of Designated Agent to Which Notification Should be Sent:

Level 13, 56 Berry Street, North Sydney NSW
Telephone Number of Designated Agent: +61 2 9455 0255
Email Address of Designated Agent: admin@vipretail.com.au

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are cover by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that it is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to located the information;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty or perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a users' email address in our records, or by written communication send by first-class mail to a user's address in our records. VIP Retail may, within its sole discretion, terminate authorisation of users to its Website who are repeat infringers.

Contact Us

If you have any questions or queries about this legal notice, the practices of this Website, or your dealings with this Website, please contact us at info@vipretail.com.au.