Terms & Conditions

Terms of Service

As of 3 September 2020
Introduction
Honeycomb Media Pty. Ltd. ACN 166 152 405 trading as Brauz, provides Users with access to the Brauz Software and Brauz Services which include a variety of in-store fulfilment tools used to enhance experiences for their Shoppers.

These Brauz Services include but are not limited to:
  • Reserve In-Store
  • Click and Collect
  • Park and Collect or Parcel Concierge
  • Deliver From Stores
  • Book a Stylist
  • Book a Retail Appointment

Registered Users may use a combination of the Brauz Software and Brauz Services, which includes but is not limited to Brauz Command, Brauz iQ, Brauz API, Brauz Scripts and/or any licensed versions of the Brauz Software and Brauz Services.

Brauz Software and Brauz Services offered by Brauz may require the use of Third Parties to function.

By accepting these Terms of Service you agree to have fully read and understood Brauz’s Privacy Policy (as amended from time to time) and agree to be bound by the terms of Brauz’s Privacy Policy and these Terms of Service .

1

Definition of Terms

General

Account

means an account registered by a User with Brauz for use of the Brauz Software and Brauz Services.

ACL 

means the Australian Consumer Law.

Brauz

means Honeycomb Media Pty Ltd ACN 166 152 405 and its successors and assignees and appointed Data Controller.

Data Controller

means the “Data Controller” as defined in the Privacy Policy

Data Protection Officer

means the person or entity referred to as “Data Protection Officer” in the Privacy Policy.

Device

means any mobile phone, tablet, laptop, personal computer or other device capable of running Brauz software and services.

GST

means Goods and Services Tax.

Initial Meeting

means the meeting described in c(ii) of the “Dispute Resolution” clause.

Intellectual Property

means all logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, API, scripts, algorithms, software, applications, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not.

Brauz Software Agreement 

means any agreement between Brauz and a User in which Brauz permits the User to use Brauz Software and Brauz Services.

Limitation 

means the Limitation defined in (a) of the “Limitation of Liability” clause.

Party

means Brauz and any User.

Privacy Policy

means our privacy policy available at https://brauz.com/privacy.html set out on the Site as amended from time to time.

Terms of Service

means the terms set out in this terms of service available at https://brauz.com/termsconditions.html (as amended by Brauz from time to time).

Park and Collect

Park and Collect

means the service enabled by:
  1. User connecting the Brauz API or Brauz Script to the User’s Website and/or other online applications; and
  2. a Shopper placing an Order and booking a time to collect the Order at a Park and Collect Fulfilment Centre using Brauz Software and Brauz Services, as governed by clause 3A of this agreement. In this agreement, ‘Park and Collect’ and ‘Parcel Concierge’ have the same meaning.

Park and Collect Fulfilment Centre

means a physical location, as nominated by Brauz from time to time, at a Retail Centre, from which a Shopper may collect an Order for the purposes of clause 3A of this agreement.

Park and Collect Fee

means the fixed fee of $2.99 (AUD, inclusive of GST) for each Order that is placed, using the Brauz Software or Brauz Services, for Park and Collect from a Park and Collect Fulfilment Centre.

Park and Collect Time

has the meaning given to it in clause 3A(c)(ii) of these Terms of Service.

Retail Centre

means a retail complex, managed shopping centre, factory outlet or retail precinct:
  1. at which a User operates a trading Physical Location and/or Third Party Physical Location;
  2. which contains a Park and Collect Fulfilment Centre; and
  3. which, at the time an Order is placed under clause 3A of these Terms of Service, is open to the public

Brauz Services

Brauz Services

means all services available to Users using the Brauz API and/or Brauz Script in conjunction with Brauz Software to provide Shoppers services including but not limited to:
  • Reserve In-Store
  • Click and Collect
  • Park and Collect or Parcel Concierge
  • Deliver From Stores
  • Book a Stylist
  • Book a Retail Appointment ; and/or
  • any other services which utilise Brauz Software and Brauz Services.

Reserve In-Store

means the service provided to Users by connecting the Brauz API and/or Brauz Script to the User’s Website and/or other online application providing Shoppers the ability to book a time to collect an item or item/s placed on hold at a Physical Location and/or book a time for a service at a Physical Location using Brauz Software and Brauz Services

Click and Collect

means the service enabled by a Registered User by connecting the Brauz API or Brauz Script to the User’s Website and/or other online application providing Shoppers the ability to buy an item or item/s online booking a time to pick an item up at a Physical Location using Brauz Software and Brauz Services.

Deliver from Stores

means the service enabled by a User by connecting the Brauz API or Brauz Script to the User’s Website and/or other online application providing Shoppers the ability to buy an item or item/s online through a Physical Location that facilitates the delivery of the item or items to the shopper.

Book a Stylist

means the service enabled by a User by connecting the Brauz API or Brauz Script to the User’s Website and/or other online application providing Shoppers the ability to book a time at a Physical Location for a retail service.

Book a Retail Appointment

means the service enabled by a User by connecting the Brauz API or Brauz Script to the User’s Website and/or other online application providing Shoppers the ability to book a time at a Physical Location for a retail service.

Brauz API

means a service provided by Brauz which is installed by a User that acts as a intermediary between the User’s Website and/or other online application, Third Parties and Brauz Software to provide Users the full functionality of Brauz Services.

Brauz Script 

means a service provided by Brauz in the form of a piece of code which is installed by a User on the User’s Website and/or other online application, connecting the User’s Website, Third Parties and the Brauz Software to provide Users the full functionality of Brauz Services.

Brauz Software

Brauz Software

means the software made available to Users for the use, management, implementation, processing and application of the Brauz Services. These include but are not limited to Brauz Command, Brauz iQ, hosted pages, databases, inventory management systems, procedures, algorithms, methods, applications and devices needed to secure, manage, maintain and improve performance of Brauz Services.

Brauz Command

means the software system in which:
  • the User can enable Brauz Services and Brauz Software;
  • manage Physical Locations and connect them to the Brauz Services and Brauz Software;
  • customise email and sms communications relating to the Brauz Services; and
  • Connect the Brauz Services and Brauz Software to approved Third Parties, including the secure transfer of customer data via secure API key.

Brauz IQ

means the software system for Physical Locations to process Brauz Services connected to a Users Website.

Site

means http://brauz.com/ or any other site or web page operated by Brauz including any site or web page a customer is directed to by a site or web page of a User of Brauz Services and Brauz Software

Users and Usage

User

means each person, organisation, employee or entity using the Brauz Software and/or Brauz Services (including any person and or/entity using the Brauz Software and/or Brauz Services at any time) as well as any person who the operator of the Brauz Software and/or Brauz Services represents, including that person’s employer.

User Content

means information or content posted, uploaded, published, submitted, transmitted, integrated and/or connected by a User to the Brauz Software and/or to a Brauz Service that includes but is not limited to product details, pricing, promotions, marketing and media.

User Licence

means the User Licence as defined in (a) of the “User Licence” clause.

User’s Website

means the website or mobile applications belonging to User (as applicable).

Physical Location

means a physical location belonging to or associated with a User for the purpose of fulfilling reservations, booking and/or orders for shoppers through Brauz Software and Brauz Services. Physical locations include all locations added to an account and are not restricted to those with a physical address.

Shopper

means a person accessing the Site or Brauz Software and reserving, booking and/or purchasing items and/or services.

Transaction

means an item, product or services that has been booked on a User’s Website and/or other online application which is connected to Brauz Services and Brauz Software in accordance with these Terms of Service.

Reservation

means an item, product or services that has been reserved on a User’s Website and/or other online application which is connected to Brauz Services and Brauz Software in accordance with these Terms of Service.

Booking

means an item, product or services that has been booked on a User’s Website and/or other online application which is connected to Brauz Services and Brauz Software in accordance with these Terms of Service.

Order

means an item, product or services that has been ordered and paid for on a User’s Website and/or other online application which is connected to Brauz Services and Brauz Software in accordance with these Terms of Service.

Service Contract

means the agreed scope and terms of the User’s (and/or Physical Location’s) use of the Brauz Software and Brauz Services pursuant to these Terms of Service and/or any other contract between the User (and/or Physical Location) and Brauz in relation to the use of the Brauz Software and Brauz Services.

Payments and Charges

Payee

means the User making payment for the Brauz Services to Brauz

Set Up Fee

means $0 or other amounts as agreed between the Payee and Brauz in writing for Brauz Software and Brauz Services.

Subscription Fee

means $0 or other amounts as agreed between the Payee and Brauz in writing for Brauz Software
and Brauz Services.

Transaction Fee

means $0.99 or other amounts as agreed between the Payee and Brauz in writing for any transaction that takes place using Brauz Services and Brauz Software from a Users Website and/or other online application which explicitly include all Reservations, Bookings and/or Orders. These include all Reservations, Bookings and Orders that have been confirmed by Physical Locations as available and/or unavailable.

Third Parties

Third Party Physical Location

means any Third Party Physical Location approved by the User for the transmission of Brauz Services from the User’s Website to Brauz Software used by the Third Party Location. These include but are not limited to marketplaces, stockist locations independent to the User or not owned by the user and/or fulfillment locations approved by the User.

Third Parties

means any Third Party in accordance with Brauz’s Privacy Policy which is needed for the Brauz Software and Services to function, or is connected by the User, or has partnered with Brauz to enable Brauz Software and Brauz Services to function, optimise performance and enhance the over experience for Users of Brauz Software and Brauz Services. These Third Parties include but are not limited to Fulfilment Centre Service Providers and Locations, Payment Providers, Payment Gateways, Delivery Solutions, Analytics tools, Marketing tools, Cloud Solutions, Data Bases, Point of Sale Brauz Software, eCommerce Platforms and Inventory Management Solutions.

Third Party Marks

means trademarks owned by owners other than Brauz

Other

Confidential Information

means information that:
  • is by its nature confidential;
  • is designated by a person as confidential; or
  • the recipient of that information knows or ought to know is confidential, but does not include information:
  • that is or becomes public knowledge otherwise than by breach of these Terms of Service or any other confidentiality obligation;
  • that was obtained from a third party on a non-confidential basis without breach by that third party of an obligation of confidence concerning that Confidential Information; or
  • was already in the possession of the Receiving Party when provided by or on behalf of the Disclosing Party.
2

Purpose of these Terms of Service

  1. These Terms of Service (and any Service Contract) form a binding legal agreement between Brauz, its successors and assignees, and each User. By using the Brauz Software and/or Brauz Services, each User agrees to comply with and be legally bound by these Terms of Service. Please read these Terms of Service carefully. If there are any questions, the User is encouraged to contact Brauz using the contact details at the end of these Terms of Service.
  2. By using the Brauz Software and/or Brauz Services, the User agrees that:
    • the User has had sufficient opportunity to access these Terms of Service and contact Brauz;
    • the User has read, accepted and will comply with these Terms of Service;
    • the User has legal capacity to enter into contracts in relation to products and/or services pursuant to, or related to, the Brauz Services (including any contract for sale);
    • if the person operating or accessing the Brauz Software is an employee, agent or representative of an organisation, that person is acting on behalf of the organisation they represent and has authority and permission to bind the organisation they represent; and
    • the User is 18 years or older; or if younger than 18 years, the User has the approval of the User’s parent or guardian.
  3. If the above is not correct, or if the User does not agree to these Terms of Service, the User is not permitted to use any of the Brauz Services.
  4. These Terms of Service may be amended from time to time, without prior notice. Use of Brauz Software and Brauz Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Brauz recommends that each User reviews the current Terms of Service, before continuing to use the Brauz Software and/or Brauz Services.
  5. These Terms of Service supplement and incorporate, the Brauz policies, terms and conditions, including without limitation any terms of use, Privacy Policy or other relevant policy posted on the Site. Brauz’s Privacy Policy sets out how Brauz collects, uses and protects the personal information of its Users.
  6. The Brauz Software and Services utilise integrations and components provided by Third Parties. In addition to the terms set out in this Terms of Service, it is assumed that the User has agreed and understood any terms of use or service and any policies of these Third Parties.
3

Use of Brauz Software and Brauz Services

  1. The Brauz Software (including Brauz Command, Brauz iQ or any other licensed version of the Brauz Software) and Brauz Services (including the use of Brauz API and/or Brauz Script) provide Users the tools to use any or all of Brauz Services. These include the ability for the Shoppers of the User to make Reservations, Booking and/or Orders from the Users Website and/or other online application to approved Physical Location and/or Third Party Physical Locations.

Online Registration

  1. A User may be required to register on the Brauz Software and create an Account to access some Brauz Services and features on the Brauz Software, including adding Physical Locations, implementing the Brauz API and/or Brauz Script or configuring Brauz Services.
  2. Basic information is required when registering for an Account to access Brauz Software and Brauz Services. Each User is required to provide certain information including name, email address, and location and select a username and password. If applicable, Users may also be able to access the Brauz Software using emailed invitations provided via the Brauz Software. The User may also be required to provide payment details in order to access the Brauz Software and Services.
  3. . Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Brauz reserves the right to suspend or terminate any User’s Account and his/her access to the Brauz Software and/or Brauz Services if any information provided to Brauz proves to be inaccurate, not current or incomplete.
  4. To keep information secure and confidential, Brauz uses SSL Certificates and other security software to protect Users, to establish an encrypted link between a server and a User. Users will be requested by Brauz to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in Brauz’s Privacy Policy.
  5. It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
  6. The User will immediately notify Brauz of any unauthorised use of its Account

Cancellation of Registration

  1. If a User wishes to cancel its registration or any subscription pursuant to the Brauz Software and Brauz Services, the User will need to do so in writing via email to the address listed at the end of these Terms of Service (provided that at the time the User makes such request, the User has an express right to do so under these Terms of Service).
  2. Other than any refunds pursuant to these Terms of Service, Brauz will not provide a User, Physical Location, Third Party Physical Location, Shopper, or any other third party with any refunds in relation to the cancellation of any registration or use of Brauz Software and/or Brauz Services.

Users

  1. In accordance with the Service Contract, a User:
    • may include the Brauz API and/or Script on the User’s Website and/or other approved applications.
    • if the Brauz Software allows for it, may:
      1. incorporate all of the functionality of the Brauz API and/or Brauz Script directly into the User’s Website (including a customer interface, product pages, stock availability or find store features, the mechanism to submit Reservations, Bookings and/or Orders at Physical Locations, the ability to connect with Third Party Payment Gateways needed to finalise Orders including the ability to process refunds and the functionality to process a Reservation, Booking and/or Order of an item, items and/or services at a particular Physical Location including Third Party Locations used for Fulfilment);
      2. . incorporate some but not all of the Brauz API and/or Brauz Script directly into the User’s Website (including a customer interface, product pages, stock availability or find store features, the mechanism to submit Reservations, Bookings and/or Orders at Physical Locations, the ability to connect with Third Party Payment Gateways needed to finalise Orders including the ability to process refunds and the functionality to process a Reservation, Booking and/or Order of an item, items and/or services at a particular Physical Location including Third Party Locations used for Fulfilment; or
      3. use the existing functionality of the User’s Website and only use the Brauz API and/or Brauz Script to allow User’s to submit requests to check stock levels of a particular item at the Users Physical Locations; and/or
      4. control the access and use of the Brauz Software and Brauz Services by registered Users of Brauz Software including but not limited to Brauz Command and Brauz iQ.

Physical Locations

  1. A User can add Physical Locations and/or Third Party Physical Locations to their Brauz Account using Brauz Command or by notifying Brauz in writing:
    • Subject to any Service Contract in respect of a User and/or a Physical Location in relation to the Physical Location’s use of the Brauz Software, a Physical Location may at any time create an Account in accordance to these terms and/or any Service Contract.
    • if the Brauz Software allows for it and in accordance with the agreed scope of the Physical Locations’ use of the Brauz Software pursuant to any Service Contract between the Physical Location and Brauz, the Physical Location may:
      1. incorporate all of the functionality of the Brauz API and/or Brauz Script directly into the User’s Website (including a customer interface, product pages, stock availability or find store features, the mechanism to submit Reservations, Bookings and/or Orders at Physical Locations, the ability to connect with Third Party Payment Gateways needed to finalise Orders including the ability to process refunds and the functionality to process a Reservation, Booking and/or Order of an item, items and/or services at a particular Physical Location including Third Party Locations used for Fulfilment);
      2. incorporate some but not all of the functionality of Brauz API and/or Brauz Script directly into the Physical Location’s website (including optionality to incorporate the customer interface indicating the level of available stock, the relevant Physical Locations, the items available for purchase, the mechanism to submit requests to check stock levels of a particular item at the User or User Physical Location and the functionality to submit a request to reserve a particular item at a particular User Physical Location);or
      3. use the existing functionality of the Brauz Software to allow User’s to process Reservations, Bookings and Orders as is intended by the Brauz Software in accordance with these Terms of Service and Brauz’ Privacy Policy

All Users

  1. The User agrees that information collected by Brauz by way of the use of Brauz Software and Brauz Services on Users Website or Physical Location devices will be:
    • collected and stored by Brauz in accordance with Brauz’s Privacy Policy; and
    • shared with the User, Retail Centre, Physical Location and/or Third parties (as applicable) in accordance with Brauz’s Privacy Policy.
  2. The User agrees that Brauz, the Brauz Software and Brauz Services only facilitates interactions between the Users Website, Physical Locations and/or Third Party Physical Location, Shoppers and any representation ma
  3. The User agrees to take all actions, including by providing any and all information reasonably required, to allow the Brauz Software to run as intended, including but not limited to:
    • the location, name and contact details for each Physical Location belonging to the User, at which the Brauz Software and Brauz Services may be used;
    • the items and/or services offered by the User; and
    • access to the inventory management system used by the User, if available.
  4. The User also acknowledge that it is the responsibility of the User (and not Brauz) to:
    • notify Brauz of the addition of any new item of stock or removal of any existing item of stock by that User at all Physical Location; and
    • notify Brauz of any change of details in relation to a User, User’s Website and Physical Locations including the opening of new Physical Locations, the relocation of Physical Locations or the closure of existing Physical Locations.
    • By using Brauz’s Brauz Software the User agrees that Brauz may send the User and its Shoppers emails, text messages and other correspondence in relation to the use of the Brauz Software and Brauz Services.

Processing Reservations, Bookings and Orders 

  1. A User, or their staff, may use Brauz Software and Brauz Services to (amongst other things) allow Shoppers to submit Reservations, Bookings or Orders for products and services at a Physical Location or approved Third Physical Location using Brauz Software and Brauz Services
  2. A User at a Physical Location or Third Party Physical Location using Brauz Software and/or Brauz Services may be shown Reservations, Bookings or Orders made by Shoppers from a Users Website or other online application.
  3. If the Brauz Software allows for it, the Shopper may be able to submit a Reservation, Booking or Order to a Physical Location or Third Physical Location to confirm the availability of a particular item or service.
    • Upon receipt of a Reservation, Booking or Order a Physical Location (as applicable), the User (and/or the Physical Location or Third Physical Location) must respond to the Shopper and:
      1. confirm the particular item or service is available and ready for the Shopper;
      2. confirm the particular item or service is unavailable at this time, if payment has been made by the Shopper a refund will be executed via the Users Website approved Third Party Payment Provider.

User Obligations

Following a confirmed Reservation, Booking or Order, a Physical Location or Third Party Physical Location must:
  1. remove the item or items from the relevant Physical Locations saleable stock:
    1. if an item is reserved before 1:00pm on a particular day, until the Physical Location’s close of business on that day; or
    2. if an item is reserved after 1:00pm on a particular day, until the Physical Location’s close of business on the following day.
  2. take all actions necessary to allow the Shopper to collect their Reservation, Booking or Order from the Physical Locations or Third Party Physical Location for all confirmed Items and/or services or, if applicable, to allow for delivery of the item.
3A

Park and Collect

Precedence and operation 

  1. This clause 3A applies only to Park and Collect. To the extent of any conflict, inconsistency or ambiguity between this clause 3A and any other Term, this clause 3A shall prevail.
  2. Brauz may, from time to time:
    1. add or remove a Park and Collect Fulfilment Centre; and
    2. vary the opening days and opening hours of a Park and Collect Fulfilment Centre, to its website and software.
  3. Provided that a Park and Collect Fulfilment Centre, and its opening days and opening hours, have been added to and have not been removed from a Brauz account, the Brauz Software shall allow a Shopper to:
    1. submit a Reservation or a Booking to a Physical Location or a Third Physical Location at a Retail Centre (in which the Park and Collect Fulfilment Centre is located) to confirm the availability of a particular item or service; and
    2. provided that the item or service is available for Order, submit an Order to a Physical Location or a Third Party Physical Location at the Retail Centre (in which the Park and Collect Fulfilment Centre is located) to collect the Order from the Park and Collect Fulfilment Centre at a day and time nominated by the Shopper (within the opening days and opening hours of the Park and Collect Fulfilment Centre) (“Park and Collect Time”).
  4. If a Shopper submits a Reservation or a Booking contemplated by clause 3A(c)(i) of these Terms of Service, then the User shall respond to the Shopper via the Brauz Software to confirm that the particular item or service is either:
    1. available and ready for the Shopper to place an Order; or
    2. presently unavailable for the placement of an Order.
  5. If a Shopper submits an Order contemplated by clause 3A(c)(ii) of these Terms of Service, then the User must
    1. set aside the Order from the saleable stock at the relevant Physical Location or Third Party Physical Location until 2 hours after the Park and Collect Time;
    2. refrain from reserving or selling the Order to another Shopper until the expiry of 2 hours after the Park and Collect Time; and
    3. allow an agent or employee of the Retail Centre to attend the relevant Physical Location or Third Party Physical Location to collect the Order and to transfer the Order to the Park and Collect Fulfilment Centre, from the date of the placement of the Order until 2 hours after the Park and Collect Time. Brauz acknowledges and agrees that any collected Orders shall be handled with due care by the Retail Centre, acting as agent for Brauz, and shall be insured for any loss or damage that is caused by the Retail Centre (including any agents and employees of the Retail Centre)
  6. In addition to clause 4 of these Terms of Service:
    1. on the 1st day of each month, Brauz shall issue a tax invoice to the User for all Park and Collect Fees accrued in the previous month, together with any previous unpaid amounts due and payable under these Terms of Service in connection with Park and Collect. The tax invoice shall contain itemised details of each Order for which a Park and Collect Fee has been charged (including, the Order date, amount, reference and number, but de-identifying the Shopper); and
    2. within 14 days of the User’s receipt of a tax invoice referred to in clause 3A(f)(i) of these Terms of Service, the User shall pay the total amount of the tax invoice, without set-off or deduction, to Brauz.
  7. Brauz and the User acknowledge and agree that a Transaction Fee shall not apply to nor be charged for Park and Collect.
  8. The Parties acknowledge and agree that Brauz must not offer to the User (including its Shoppers), and the User must not use, Park and Collect or Parcel Concierge where:
    1. the Shopper has requested the collection of an Order from a physical location via Park and Collect or Parcel Concierge; and
    2. the User (being a retailer) does not have a trading store or kiosk at the physical location referred to in clause 3A(h)(i) above; or
    3. there is no Park and Collect Fulfilment Centre at the physical location referred to in clause 3A(h)(i) above, from which such Order may be collected by the Shopper.
4

Fees and Charges

  1. Users may be required to pay a once-off Set Up Fee, Subscription Fee and/or Transaction Fee to use the Brauz Software and Brauz Services. Pricing for Brauz Software and Brauz Services is defined in these Terms of Service unless otherwise agreed to by Brauz and the User in writing.
  2. Users agree to pay any fees described in these Terms of Service, in the currency specified by the Brauz Software and/or Service at the time that it creates an Account or as otherwise notified in writing to Users.
  3. Where no subscription has been agreed to in writing by the User and Brauz, on or before the 1st day of each month, the User must pay the Transaction Fees to Brauz in respect of each Reservation, Booking and Order in the preceding calendar month. Where Brauz and the User have agreed to a subscription package, Users will be liable to pay the greater amount of either the Subscription Fee or the total Transaction Fees in respect of each Reservation, Booking and Order in the preceding calendar month, on or before the 7th day of each month
  4. Shoppers are not required to pay any fees for the use of the Brauz Software. Whilst Shoppers do not need to pay a fee for Brauz Services, they acknowledge that the use of Brauz Services may result in charges to them for Third Party services offered on Users Websites they receive, including any applicable insurance, delivery fees and taxes (User Fees).
  5. GST will be charged where applicable.
  6. Nothing prevents Brauz from taking any action necessary to recover any unpaid fees. If the Users fails to pay, the User’s information will be passed on for collection and/or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense incurred by Brauz. If the Users at any time exceeds Brauz’s payment terms and as a result are passed on for collection and or legal action, Brauz may place a default against the Users with a credit reporting agency.
  7. Brauz’s pricing structure or payment methods may be amended from time to time at its sole discretion. Brauz’s pricing structure may, from time to time, include a cost per click component, payable by the Users, Physical Locations and Accounts relating to Physical Locations for any Brauz Service or Brauz Software existing or in future.
5

Intellectual Property

  1. All Intellectual Property, including but not limited to copyright which subsists in all creative and literary works displayed on the Brauz Software and Brauz Services, the layout, appearance and look of the Brauz Software and Brauz Services, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date these Terms of Service and whether used or contained in the Site, the Brauz Software and/or Brauz Services, is owned, controlled or licensed to Brauz (or its affiliates and/or third party licensors as applicable).
  2. The User agrees that, as between the User and Brauz, Brauz owns or holds the relevant licence to all Intellectual Property rights in the Brauz Services and Brauz Software, and that nothing in these Terms of Service constitutes a transfer of any Intellectual Property. The Intellectual Property, Brauz Software and Brauz Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Brauz or the owner of the content.
  3. Some Intellectual Property used in connection with the Brauz Software and Brauz Services are Third Party Marks.
  4. Brauz’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Brauz or the applicable trademark holder or Intellectual Property owner.
  5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Brauz or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
  6. Each party acknowledges and accepts that it must not copy, edit, amend or re-use the code and/or functionality of any of the Brauz Software or in relation to the Brauz Services.
6

User Licences

  1. . Subject to these Terms of Service and the Service Contract, Brauz grants the User a personal, non-exclusive, non transferable, limited and revocable licence to use the Brauz Software and Brauz Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms of Service (User Licence), and not to use Brauz Software and Brauz Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Brauz’s prior written consent.
  2. The right to use the Brauz Software and Brauz Services is licensed to the User and not being sold to the User. A User has no rights in the Brauz Software and Brauz Services other than to use it in accordance with these Terms of Service.
  3. These Terms of Service and any Service Contract govern any updates to, or supplements or replacements for the Brauz Software and Brauz Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
7

Permitted and Prohibited Conduct

  1. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Brauz Software and Brauz Services. In connection with the User’s use of the Brauz Software and Brauz Services, the User may not and agrees that it will not:
    1. use the Brauz Software and Brauz Services for any commercial or other purposes that are not expressly permitted by these Terms of Service;
    2. use the Brauz Software and Brauz Services to sell adult products or pornography;
    3. use the Brauz Software and Brauz Services to sell products which are illegal, outlawed or not permitted to be sold by Australian law;
    4. use the Brauz Software and Brauz Services to find a User and then complete, or assist another individual to complete, a Booking or transaction independent of the Brauz Services in order to circumvent the obligation to pay any fees related to Brauz’s provision of the Brauz Software and Brauz Services;
    5. submit any false or misleading information;
    6. as a User, offer any User Products that it cannot provide;
    7. as a Shopper, make any offers to the Users that it does not intend to honour;
    8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
    9. copy, Physical Location or otherwise access any information contained on the Brauz Software and Brauz Services or content for purposes not expressly permitted by these Terms of Service;
    10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    11. use the Brauz Software and Brauz Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    12. use the Brauz Software and Brauz Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
    13. stalk or harass any other user of the Brauz Software and Brauz Services or collect or Physical Location any personally identifiable information about any other user other than for purposes of transacting as a User on the Brauz Software and Brauz Services;
    14. use, display, mirror or frame the Brauz Software and Brauz Services, or any individual element within the Brauz Software and Brauz Services, Brauz’s name, any Brauz trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Brauz’s express written consent; or
    15. advocate, encourage, or assist any third party in doing any of the above.
  1. Subject to clause 7(c) and 7(d), the User (and any person representing or acting on behalf of the User) (“the Receiving Party”) must not disclose Confidential Information without prior approval in writing from Brauz (“the Disclosing Party”). In giving written approval, the Disclosing Party may impose such terms and conditions as it thinks fit and the Receiving Party must comply with any terms or conditions imposed by the Disclosing Party under this clause
  2. The obligations under this clause 7 will not be taken to have been breached where the information referred to is required by law to be disclosed.
  3. The obligations under this clause 7 will not be taken to have been breached to the extent that Confidential Information:
    1. s disclosed by a User to its advisers or employees solely in order to comply with obligations, or to exercise rights, under these Terms of Service or a Service Contract;
    2. is disclosed to a User’s internal management personnel, solely to enable effective management or auditing of activities related to these Terms of Service or a Service Contract;
    3. is authorised or required by law, including under these Terms of Service or a Service Contract, under a licence or otherwise, to be disclosed.
  4. At the Disclosing Party’s request or on termination or expiry of these Terms of Service and/or a Service Contract, the Receiving Party must promptly return all physical and written records containing the Disclosing Party’s Confidential Information, and all documentation relating to the Disclosing Party’s Confidential Information (including copies), to the Disclosing Party in a form reasonably requested by the Disclosing Party. Alternatively, if requested by the Disclosing Party, the Receiving Party must destroy such items in the manner specified by the Disclosing Party and promptly certify to the Disclosing Party in writing that it has done so.
8

Suitability of food, beverages and goods

  1. The User agrees and acknowledges that:
    1. Brauz does not produce, prepare or provide any food, beverages or goods.
    2. any and all food, beverages or goods purchased through the Brauz Software and/or Brauz Services are to be provided by the User to the Shopper.
    3. if selling food, beverages or goods that include alcohol products the User is aware and complies with all relevant and applicable laws regarding the purchase of alcohol.
    4. Brauz make no representations as to the suitability, quality or acceptability of any food, beverages or goods that the User provides and/or with regard to the suitability of the food, beverages or goods with respect to the particular needs of a Shopper (including any allergies or illnesses of the Shopper).
    5. where food, beverages or goods are ordered pursuant to Park and Collect, facilitation of the Order will occur in accordance with clause 3A and Brauz makes no representations as to the suitability, quality or acceptability of the conduct of the Park and Collect Fulfilment Centre or the timeliness of the provision of the food, beverages or goods.
    6. if there are any issues with regard to the suitability, quality or acceptability of any food, beverage or good provided by a User to the Shopper, the Shopper will contact the User directly in respect of such issues.
    7. where the food, beverage or goods are not suitable and the User agrees to refund the Shopper in respect of any payments they have made, the User may provide the Shopper with a refund. The User accepts and acknowledges that any agreement in respect of the provision of a refund is to be between Shopper and the User (and Brauz is not a party to such agreement). Despite any refund being provided, Brauz is entitled to retain any fees in respect of the Order.
    8. The User will hold Brauz harmless in respect of any claim, loss or damage arising from issues with regard to the suitability, quality or acceptability of any food, beverage or good (including any health outcome or illness associated with such issue), the non-observance of these obligations and any provision or failure to provide any food, beverage or good procured through the Brauz Software and/or Brauz Services.
9

Provision of food, beverages and goods

  1. The User agrees and acknowledges that for any perishable items (including any food or beverage) it is the responsibility of the User to ensure that:
    1. All perishable food items are packaged in a manner consistent with the food safety standards usually associated with that product (and or that such packaging is consistent with any reasonable direction provided by Brauz from time to time).
    2. The packaging method maintains the optimal temperature required for that product for a minimum of 45 minutes post collection from the tenancy.
    3. The package is sealed to a standard that prevents any part of the product escaping during the handover and delivery process. If evidence of the product is visible on the outside of the package, Park and Collect staff will return the item to the retailer immediately.
    4. the perishable items (including any food or beverage) meet any requirements specified by the Shopper.
10

Return of food, beverages and goods

  1. In respect of perishable items (including any food or beverage) which are ordered pursuant to Park and Collect, if the Shopper does not arrive within 30 minutes of Park and Collect staff collecting the package from the retailer, the parcel will be returned to the retailer. The User will make no claim against Brauz or any Park and Collect staff in respect of any return.
11

Brauz Content

  1. The Brauz Software and Brauz Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Brauz Software and Brauz Services and Intellectual Property, including all associated intellectual property rights are owned, controlled or licensed to Brauz (or its affiliates and/or third party licensors as applicable). The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Brauz Software and Brauz Services, or Intellectual Property.
  2. The User must not post, upload, publish, submit or transmit any content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. is fraudulent, false, misleading or deceptive;
    3. denigrates Brauz, the Brauz Software and Brauz Services, a Shopper, a Physical Location, User or a Third Party Physical Location;
    4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances.
12

User Content

  1. Users are permitted to provide User Content. By making available any User Content or any Intellectual Property on or through the Brauz Software and Brauz Services, the User grants to Brauz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Brauz Software and Brauz Services.
  2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Brauz Software and Brauz Services. The User represents and warrants that:
    1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, Brauz Software and Brauz Services, or that it has all rights, licences, consents and releases that are necessary to grant to Brauz the rights in such User Content or Intellectual Property, as contemplated under these Terms of Service; and
    2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Brauz’s use of the User Content (or any portion there of) on, through or by means of the Brauz Software and the Brauz Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. Brauz may at its sole discretion remove any User Content that is offensive or in breach these Terms of Service.
13

Service Levels

  1. Brauz agree to ensure that services conducted meet or exceed the applicable service levels outlined below:
    1. Brauz agree that all Brauz Software and Brauz Services will be available 80% of the time during each month with unavailability totally no more than 20% if the time during each month. This is including downtime and unplanned outages.
    2. In the case of an outage, Brauz agrees to notify users:
      1. immediately upon being made aware of services going down.
      2. the time and day of planned outages for services
    3. Brauz agree to report 100% of major incidents to Users of Brauz Software and Brauz Services.
    4. Within 10 days of a significant outage or service interruption incident, Brauz agree to provide reporting to Users with respect to the:
      1. . total number of incidents;
      2. number of services effected; and
      3. duration services were effected for.
14

Dispute Resolution

  1. By using the Brauz Software and Brauz Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a User, Physical Location, Third Party Physical Location, Shopper or other Third Party, will be limited to a claim against the User, Physical Location, Third Party Physical Location, Shopper, or other Third Party, who caused harm to him or her. Brauz encourages Users to communicate directly with the relevant party to resolve any disputes.
  2. Brauz welcomes feedback from its Users. Brauz seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Brauz Services, please contact us using the contact details provided below.
  3. If there are any complaints from a User, Brauz will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Brauz’s response, the User and Brauz agree to the following dispute resolution procedure:
    1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Brauz agree to, within 14 days of Brauz’s receipt of a written complaint, meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
    2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Brauz may provide written notice to the other party of the intention to refer the matter to a mediator (Notice of Mediation). If the User and Brauz cannot, within14 days of the provision of a Notice of Mediation, agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
  4. Each party agrees that any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms of Service, the Service Contract and/or by law or in equity.
15

Consumer Guarantees

Consumer legislation in Australia including the ACL in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
16

Disclaimers

  1. Brauz does not guarantee that the integration of the Brauz Software and Services will be successful, that Shoppers will request User Website products or services, nor does Brauz guarantee that Shoppers will be able to find desirable Physical Locations, Third Party Physical Locations and/or User Website products or services.
  2. Brauz does not guarantee that Shoppers will be able to make Reservations, Bookings or Orders for collection at a Users Physical Locations or Third Party Physical Locations pursuant to the Brauz Software and Brauz Services.
  3. Brauz does not make any representation or guarantee as to the quantity of stock and/or the availability of any item on any User Website or online application, Physical Location or Third Party Physical Location even if the Brauz Software and/or Brauz Services expressly indicates that the item is available.
  4. Brauz does not endorse any Shopper, User, Physical Location, Third Party Physical Location User Content and/or User Websites products or services.
  5. Brauz requires Shoppers, Users, Physical Locations and Third Physical Locations to confirm that they have provided accurate information.
  6. Brauz cannot and does not control the content contained in any User Content or the condition, legality or suitability of any Reservation, Booking or Order. Users (including Shoppers) are responsible for determining the identity and suitability of User Websites, Physical Location or Third Party Physical Location that they contact via the Brauz Software and/or Brauz Services.
  7. Brauz and its Third Parties accept no responsibility for and make no representations or warranties to the Shopper, the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Brauz Software. Brauz and its Third Parties disclaim any and all liability related to any and all Shoppers, Users, Physical Locations, Third Party Physical Locations, User Content and User Website products and services.
  8. To the extent permitted by law, Brauz accepts no responsibility for and make no representations or warranties to the User, Physical Location, Third Party Physical Location or to any other person or entity as to the reliability, accuracy or completeness of the data analysis service. Brauz disclaims any and all liability related to any and all data analysis.
  9. By using the Brauz Software or Brauz Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of Shoppers, other Users or User Websites, Physical Locations, Third Party Physical Locations or other third parties will be limited to a claim against the Shopper, Users or Users Website, Physical Locations, Third Party Physical Locations or other third parties who caused it harm. Brauz encourages the User to communicate directly with the relevant Shopper or Users, Physical Locations, Third Party Physical Locations or other third parties on the Brauz Software and Brauz Services regarding any communications or arrangements made between them and to resolve any dispute between them.
  10. To the fullest extent allowable under any law, Brauz and its Third Parties disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Brauz Software or Brauz Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
  11. For the avoidance of doubt, Brauz is not responsible for any duties, fees and taxation under these Terms of Service. Brauz advises that all Users using the Brauz Software and Brauz Services should seek advice in relation to these matters.
  12. Each Shopper or Users, Physical Locations, Third Party Physical Locations or other third party who uses the Brauz Software and the Brauz Services does so at their own risk.
  13.  Brauz excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
    1. Brauz expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms of Service;
    2. Brauz does not warrant that the Brauz Software, the Brauz Services, content on the Brauz Software and/or Brauz Services (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Brauz Software or the Brauz Services will be error free, that any defects will be corrected or that the Brauz Software or the server which Physical Locations and transmits material to the User is free of viruses or any other harmful components;
    3. Brauz takes no responsibility for, and will not be liable for, the Brauz Software, the Brauz Services, the Shoppers, the Users, the Users Website, the Physical Locations, the Third Party Physical Locations, the User Content and User Website products and services being:
      1. Unavailable;
      2. of a particular standard of workmanship;
      3. failing to meet the provided description;
      4. failing to meet the Shopper’s needs; or
    4.  being of less than merchantable quality; and iv. Brauz and its Third Parties will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User (or a Shopper) or claims made against the User, arising out of or in connection with the Brauz Software, Brauz Services, content on the Brauz Software and/or Brauz Services, inability to access or use the Brauz Software, the Brauz Services, any User Content the User Products or these Terms of Service, even if Brauz was expressly advised of the likelihood of such loss or damage.
  14. The User agrees not to attempt to impose liability on or seek any legal remedy from Brauz or its Third Parties with respect to any actions or omissions in relation to the matters disclaimed under these Terms of Service.
17

Limitation of Liability

  1. Brauz’s total liability arising out of or in connection with the Brauz Software, the Brauz Services, these Terms of Service or any Service Contract, however arising, including under contract, tort, in relation to negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Brauz in the twelve (12) month period prior to the event, acts or omissions giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable (Limitation).
  2. The limitations of damages pursuant to the above are fundamental elements of the basis of the bargain between Brauz and the User and the parties agree that they have understood and agreed to be bound by the Limitation.
  3. The parties agree that if the jurisdictions does not allow the exclusion or limitation of liability for consequential or incidental damages, to the extent that the Limitation is inconsistent with the relevant law, the inconsistent aspects of the Limitation will not apply to the User.
  4. This Limitation reflects the allocation of risk between the parties.
  5. It is agreed that the Limitation and any other limitation specified in this section or in these Terms of Service will survive and apply notwithstanding the termination of these Terms of Service (or any other agreement between the User and Brauz), even if any limited remedy specified in these Terms of Service is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Brauz.
18

Indemnity

  1. Each User agrees to defend and indemnify and hold Brauz (and Brauz’s parent company, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Brauz Software and/or Brauz Services; any breach by the User of these Terms of Service; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  2. Brauz reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  3. This defence and indemnification obligation will survive these Terms of Service and the User’s use of the Brauz Software or Brauz Services. These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Brauz without restriction.
19

Miscellaneous

  1. Accuracy: While Brauz will endeavour to keep the information up to date and correct, Brauz make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Brauz Software or Brauz Services for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and, to the fullest extent permissible by law, Brauz expressly excludes any liability for such mistakes, inaccuracies or errors.
  2. Security: Brauz uses Amazon Web Services, which includes a Digicert Wildcard SSL certificate to protect all User transactions and to ensure maximum security. Brauz also uses strong passwords requiring alphanumeric characters and encrypts all financial information. All credit card payments are processed by a secured third party processor with Level 1 PCI DSS compliance.
  3. Termination: Brauz reserves the right to refuse supply of the Brauz Software and/or Brauz Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Brauz Software and/or Brauz Services at its sole discretion, without incurring any liability to the User. If Brauz decides to terminate a User’s Account the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Brauz Software, Brauz Services, its Account or its User Content.
  4. Termination for default by a Party: if a Party breaches these Terms of Service and/or a Service Contract (the “defaulting party”), provided that all fees owing to Brauz have first been paid, the non-defaulting party may terminate this agreement (“terminating party”) by written notice if: (a) the defaulting party breaches any provision of these Terms of Service and/or a Service Contract and fails to remedy the breach within fourteen (14) business days after receiving a notice from the terminating party requiring it to do so; (b) the defaulting party: (i) becomes bankrupt or insolvent or is wound-up; (ii) enters into any arrangement or composition with its creditors or has a receiver, manager or administrator appointed on behalf of debenture holders or creditors; (iii) goes into liquidation or passes a resolution to go into liquidation, otherwise than for the purpose of reconstruction, or becomes subject to any petition or proceedings in a court for its compulsory winding-up or becomes subject to the supervision of a court either voluntarily or otherwise; or (iv) suffers any execution against its assets having adverse effect on its ability to perform these Terms of Service and/or any Service Contract.
  5. Fraudulent Activities: Each User acknowledges and agrees that, in the event Brauz reasonably suspects that there are fraudulent activities occurring within the Brauz Software and Brauz Services, Brauz reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
  6. Item Unavailable: If a Reservation, Booking or Order is unavailable at the time of the transaction, Users, Physical Locations and Third Party Physical Locations (as applicable), will be responsible for notifying the Shopper of the unavailability. Brauz assumes no liability for any communications or failure to communicate by any Users, Physical Locations or Third Party Physical Locations (as applicable).
  7. Brauz Data: Subject to the terms of any agreement between Brauz and a User, User’s Website, Physical Location and Third Party Physical Location, any data which is collected by Brauz in the process of performing the Brauz Services is owned by Brauz or its Third Parties. It is agreed that Brauz and its Third Parties may use such data provided the use is in accordance with the Privacy Policy.
  8. Force Majeure: Brauz will not be liable for any delay or failure to perform its obligations under these Terms of Service if such delay is due to any circumstance beyond its reasonable control.
  9. Notice: Any notice in connection with these Terms of Service will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
  10. Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms of Service will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Brauz of any of these Terms of Service shall be effective unless Brauz expressly states that it is a waiver and Brauz communicates it to the User in writing.
  11. Assignment: A Party must not assign any rights and obligations under these Terms of Service whether in whole or in part without Brauz’s prior written consent.
  12. Severability: If any of these Terms of Service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  13. Jurisdiction and Applicable Law: These Terms of Service, use of this Site, Brauz Software and Brauz Services and any dispute arising out of any User’s use of the Brauz Software or Brauz Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victoria courts. The Brauz Software and Brauz Services may be accessed throughout Australia and overseas. Brauz makes no representation that the content of the Brauz Software or Brauz Services complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Brauz Software or Brauz Services from outside Australia, it does so as its own risk and is responsible for complying with the laws in the place where he/she accesses the Brauz Software or Brauz Services.
  14. Entire Agreement: These Terms of Service and any document expressly referred to in them represent the entire agreement between Brauz and each User, and supersede any prior agreement, understanding or arrangement between Brauz and each User, whether oral or in writing.
  15.  Amendment: Brauz may amend these Terms of Service from time to time and each User agrees to be bound by the amended terms from the date of such amendment.

Honeycomb Media Pty. Ltd. ACN 166 152 405 trading as Brauz
Level 16/414 La Trobe Street, Melbourne Victoria 3000
Email: compliance@brauz.com

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