Terms & Conditions

Terms of Service - Honeycomb Media Pty. Ltd. ACN 166 152 405



Introduction

Honeycomb Media Pty. Ltd. ACN 166 152 405 provides a service to Shoppers, Users, Retailers, Retailer Stores and Stores whereby Shoppers and Users can reserve items at Retailer Stores and Stores by way of the Brauz Third Party Retailer Plugin and the Brauz IQ App and Site. The Services are available via Third Party Retailer Sites, the Third Party Retailer Plugin, the Brauz IQ App and the Site.


1) Definitions

TERM

MEANING

Account

means an account registered by a User with Brauz through the Software.

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.

Brauz Button

means the clickable link or object on the Retailer’s website that connects the User to the Third Party Retailer Plugin.

Brauz Command

means the software system in which:

1. the Third Party Retailer Plugin can be customised by the Retailer; and/or

2. the functionality of the Software that the Retailer Store is able to make use of can be limited by the Retailer.

Brauz IQ App

means the Brauz IQ application for mobile phones and other Devices.

Brauz Offers

means offers or promotions which may be applicable to the Services.

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.

Delivery Arrangement Fee

means $1 or other amounts as agreed between the Payee and Brauz in writing.

Device

means any mobile phone, tablet or other device capable of running the Software.

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, algorithms, software, 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.

Licence Agreement

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

Limitation

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

Minimum Subscription Amount

means the minimum monthly amount payable to Brauz by a Retailer or Retailer Store or Store.

Monthly Subscription Fee

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

Payee

means the User making payment for the Brauz Services to Brauz.

Payment Arrangement Fee

means 2% of the total price paid by the User or other amounts as agreed between the Payee and Brauz in writing.

Privacy Policy

means the Privacy Policy set out on the Site as amended from time to time.

Reservation Fee

means the reservation fee applicable to the Subscription Package selected by a particular Retailer, Retailer Store or Store (as applicable).

Reserved Item

means an item or product that has been reserved by a User in accordance with these Terms of Service.

Retailer

means retailers with more than one physical store and/or online store which sell items or products belonging to a particular brand or items or products belonging to and sourced from more than one brand.

Retailer Fees

means charges to Users for the Retailer Products they receive, including any applicable insurance, delivery fees and taxes.

Retailer Product

means a product or item to be displayed or made available through the Site and/or Software.

Retailer Promotion

means a promotion, offer and/or event offered or hosted by the retailer.

Retailer Stores

means a store belonging to or associated with a Retailer.

Service or Services

means the functions, services, uses and content of the Software.

Set Up Fee

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

Shopper

means a person accessing the Site or Software and reserving and/or purchasing goods

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 Retailer, Retailer Store or Stores. 

Software

means any of the Brauz IQ App, the Third Party Retailer Plugin and the Site.

Stores

means any store using the Software or Services other than a Retailer Store.

Subscription Package

means the fees and pricing including the Minimum Subscription Amount set out on the Site.

Terms

means these Terms of Service

Third Party Marks

means trademarks owned by owners other than Brauz

Third Party Retailer Plugin

means the Software provided by Brauz which is integrated by the Retailer or Store (as applicable) in their Third Party Retailer Site. For the avoidance of doubt, the Third Party Retailer Plugin includes the Brauz Button or if the Third Party Retailer site does not utilise the Brauz Button, any of the features or functionality of the Brauz Button.

Third Party Retailer Site

means the website or mobile applications belonging to a Retailer or Store (as applicable).

Third Party Delivery Partners

means a Retailer, Retailer Store’s or Store’s preferred delivery service that will deliver goods to the Shopper.

User

means each person, organisation or entity using the Software and/or Services (including any Shopper, Retailer, Retailer Store, Store or other person and or/entity using the Software and/or Services).

User Content

means information or content posted, uploaded, published, submitted, transmitted or integrated by a User that includes but is not limited to the product name, product details, product image and price.

User Licence

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

 

2) General

  • These Terms form a binding legal agreement between Brauz, its successors and assignees, and each User. By using the Software and/or Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Brauz using the contact details at the end of these Terms.
  • The User’s use of the Services indicates that:
    • the User has had sufficient opportunity to access the Terms and contact Brauz;
    • the User has read, accepted and will comply with the Terms;
    • the User has legal capacity to enter into contracts in relation to products and/or services pursuant to, or related to, the Services (including any contract for sale); 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.
    • If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

  • These Terms may be amended from time to time, without prior notice. Use of our 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, before continuing to use the Software and/or Services.
  • Brauz acknowledges that Brauz’s agents, employees and third parties do not have authority to change the Terms.
  • These Terms supplement and incorporate:
    • The Brauz policies and terms and conditions, including without limitation any terms of use, Privacy Policy or other relevant policy posted on the Site; and (ii) the Stripe Services Agreement and/or the relevant services agreement of any third party provider named or otherwise referred to in any of Brauz Services.
  • Brauz’s Privacy Policy sets out how Brauz collects, uses and protects the personal information of its Users. This document is available on the Site.

3) Use of Software on Third party website or mobile applications

  • The Software (including the Third Party Retailer Plugin) and Services, provides Users, Retailers, Retailer Stores and Stores with an item reservation service.

  • Retailers and Retailer Stores

  • Retailers and Retailer Stores may:
    • Subject to any Licence Agreement between Brauz and the Retailer in relation to the Retailer’s use of the Third Party Retailer Plugin, Retailers may include the Third Party Retailer Plugin on their Third Party Retailer Site or otherwise offer Brauz’s Service through their Third Party Retailer Site or the retailer’s mobile application.
    • If the Software allows for it and in accordance with the agreed scope of the Retailer’s use of the Software pursuant to any Licence Agreements between the Retailer and Brauz, the Retailers may:
      1. incorporate all of the functionality of the Third Party Retailer Plugin directly into the retailer’s Third Party Retailer Site (including a customer interface indicating the level of available stock, the relevant Retailer Stores, the items available for purchase, the mechanism to submit requests to check stock levels of a particular item at the Retailer or Retailer Store and the functionality to submit a request to reserve a particular item at a particular Retailer Store);
      2. incorporate some but not all of the functionality of Third Party Retailer Plugin directly into the retailer’s Third Party Retailer Site (including optionality to incorporate the customer interface indicating the level of available stock, the relevant Retailer Stores, the items available for purchase, the mechanism to submit requests to check stock levels of a particular item at the Retailer or Retailer Store and the functionality to submit a request to reserve a particular item at a particular Retailer Store); or
      3. use the existing functionality of the retailer’s Third Party Retailer Site and only use the Third Party Retailer Plugin to allow User’s to submit requests to check stock levels of a particular item at the Retailer or Retailer Store and/or the functionality to submit a request to reserve a particular item at a particular Retailer Store);
    • If the Software allows for it and in accordance with the agreed scope of the Retailer’s use of the Software pursuant to any Licence Agreements between the Retailer and Brauz, control the access and use of the Brauz Software by Retailer Stores through the Brauz Command.

  • Stores

  • If applicable, Stores may:
    • Subject to any Licence Agreement between Brauz and a Store in relation to the Store’s use of the Third Party Retailer Plugin, a Store may include the Third Party Retailer Plugin on their website or otherwise offer Brauz’s Service through their website or the Store’s mobile application.
    • if the Software allows for it and in accordance with the agreed scope of the Stores’ use of the Software pursuant to any Licence Agreements between the Store and Brauz, the Store may:
      1. incorporate all of the functionality of the Third Party Retailer Plugin directly into the Store’s website (including a customer interface indicating the level of available stock, the relevant Store details, the items available for purchase, the mechanism to submit requests to check stock levels of a particular item at the Store and the functionality to submit a request to reserve a particular item at the Store);
      2. incorporate some but not all of the functionality of Third Party Retailer Plugin directly into the Store’s website (including optionality to incorporate the customer interface indicating the level of available stock, the relevant Store details, the items available for purchase, the mechanism to submit requests to check stock levels of a particular item at the Store and the functionality to submit a request to reserve a particular item at the Store); or
      3. use the existing functionality of the Store’s website and only use the Third Party Retailer Plugin to allow User’s to submit requests to check stock levels of a particular item at the Store and the functionality to submit a request to reserve a particular item at the Store).

    All Users

  • The User agrees that information collected by Brauz by way of the Use of Software on third party website or mobile applications will be:
    • collected and stored by Brauz in accordance with Brauz’s Privacy Policy; and
    • shared with the Retailer, Retailer Store and/or Store (as applicable) in accordance with Brauz’s Privacy Policy.
  • The User, Retailer, Retailer Store and Store agree that Brauz and the Brauz Software only facilitates interactions between the User and the Retailer, Retailer Store and/or Store and any representation made by a User, Retailer, Retailer Store and Store through the Software is not to be taken as a representation by Brauz.
  • The Retailer, Retailer Store and Store agree to take all actions, including by providing any and all information reasonably required, to allow the Software to run as intended, including but not limited to:
    • the location, name and contact details for each store belonging to the Retailer, Retailer Store or Store at which the Brauz Software and Services may be used;
    • the items and/or products sold by the Retailer, Retailer Store or Store; and
    • access to the inventory management system used by the Retailer, Retailer Store or Store.
  • The User, Retailer, Retailer Store and Store also acknowledge that it is the responsibility of the Retailer, Retailer Store and/or Store (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 Retailer, Retailer Store and Store; and
    • notify Brauz of any change of details in relation to a Retailer, Retailer Store and Store including the opening of new stores, the relocation of existing stores or the closure of existing stores.
  • By using Brauz’s Software the User agrees that Brauz may send the User emails, text messages and other correspondence in relation to the User’s use of the Software.

4) Checking availability and requesting reservations

Retailers, Retailer Stores and Stores

  • A Retailer, Retailer Store or Store, or their staff, may use the Brauz IQ App or any other Brauz Software to (amongst other things) allow Users (including Shoppers) to submit requests to reserve particular items of stock at the Retailer, Retailer Store or Store or any other stores and or stockists of the particular item also using the Brauz IQ App or any other Brauz Software.
  • If a Retailer, Retailer Store or Store uses the Brauz IQ App, the Retailer, Retailer Store or Store may be shown to the User as a stockist of stock.
  • If the Software allows for it, the User may be able to submit a request to a Retailer, Retailer Store or Store to check the availability of a particular item.
    • Upon receipt of a request to check availability, the Retailer, Retailer Store or Store (as applicable) will respond to the User and confirm:
      1. the particular item is in stock and can be reserved by the User;
      2. the particular item is in stock, but stock is limited and it cannot be reserved at this time; or
      3. the particular item is not in stock at this time.
    • Upon receipt of such correspondence from the Retailer, Retailer Store or Store (as applicable), the User can elect to:
      1. submit a request to reserve the item, (if the item is available for reservation);
      2. indicate that the User does not want to reserve the item; or
      3. take no further action (and in such case, no reservation will be made).
  • Retailers and Retailer Stores

  • If the settings in the Brauz Command allow for it, where the Brauz Third Party Retailer Plugin indicates a level of available stock at a particular Retailer or Retailer Store, the User may directly, through the Third Party Retailer Plugin, submit a request to reserve the item at the store selected by the User, following which:
    • the Retailer or Retailer Store will be notified of the request and will interact with the Brauz IQ App to respond to the User to:
      1. confirm that the item has been reserved at the store in which the reservation request was received;
      2. confirm that the item is available for in store purchase, at the store in which the reservation request was received, but cannot be reserved; or
      3. confirm that the item is unavailable, at the store in which the reservation request was received.

    Stores

  • If a Store uses the Third Party Retailer Plugin, the User may directly, through the Third Party Retailer Plugin, submit a request to reserve the item at the Store, following which:
    • the Store will be notified of the request and will interact with the Brauz IQ App to respond to the User to:
      1. confirm that the item has been reserved at the Store;
      2. confirm that the item is available for in store purchase at the Store; or
      3. confirm that the item is unavailable at the Store.

5) Reservations

If, following a reservation request, a Retailer, Retailer Store or Store notifies the User that the item has been reserved, the Retailer, Retailer Store or Store must:

  • remove the item from the relevant stores saleable stock:
    • if an item is reserved before 1:00pm on a particular day, until the store’s close of business on that day; or
    • if an item is reserved after 1:00pm on a particular day, until the store’s close of business on the following day.
  • pay Brauz the Reservation Fee (in relation to each Reserved Item); and
  • take all actions necessary to allow the User to collect the Reserved Item or, if applicable, to allow for delivery of the item.

6) Delivery

  • If the Software allows for it, Users (including Shoppers) may be able to arrange for Reserved Items to be delivered to the User’s specified address by a Third Party Delivery Partner.
  • If the User makes use of this functionality and the Software allows for it, the Brauz Software may indicate estimates of the cost of the delivery service to the customer and the expected timeframe in which delivery is to occur.
  • The Retailer, Retailer Store and/or Store will elect their preferred Third Party Delivery Partner to organise and arrange for delivery of the Reserved Item.
  • The Retailer, Retailer Store and/or Store will be responsible for:
    • removing the Reserved Item in anticipation of pick up by the Third Party Delivery Partner;
    • the packaging of the Reserved Item; and
    • arranging and organising the Third Party Delivery Partner to pick up and deliver the Reserved Item to the User (including Shoppers).
  • The User, Retailer, Retailer Store and/or Store acknowledges that, in relation to the delivery of a Reserved Item, they will be bound by the terms and conditions of service of the relevant Third Party Delivery Partner.
  • If the User makes use of this functionality, the User acknowledges that the delivery services are not provided by Brauz or any entity associated with Brauz and that Brauz takes no responsibility for (and is not liable in relation to) the provision of the delivery service.
  • The User further acknowledges that Brauz is not responsible for:
    • the packing of the Reserved Item;
    • the condition of the Reserved Item upon delivery;
    • the actual cost of delivery of the Reserved Item charged to the customer even if such cost exceeds an estimate of costs indicated by the Software; and
    • any delays in the delivery of the Reserved Item even if such delays mean that delivery occurs after the estimate of delivery time indicated by the Software.
  • To the greatest extent permitted by law, the Retailer, Retailer Store and/or Store acknowledge that Brauz is not responsible for:
    • the Reserved Item being package appropriately for transport;
    • the condition of the goods at the time they leave the Retailer, Retailer Store and/or Store;
    • the condition of the goods when delivered to the User (including Shopper);
    • the non-delivery of any goods to the User;
    • the Reserved Item being made available for delivery at the time of pick up; and
    • the Reserved Item being available for purchase.
  • The User, Retailer, Retailer Store and/or Store acknowledge that the total cost of the delivery to the User may include:
    • The cost of delivery as calculated by the relevant third party delivery partner; and
    • A Delivery Arrangement Fee payable to Brauz.

7) Payments

  • If the Software allows for it, Users may be able to make payments in relation to the purchase of Reserved Items and/or the delivery of purchased Reserved Items.
  • Users, Retailer, Retailer Store and Store agree that if any payment is taken through the Software, the payment will be processed by a third party payment gateway and the Users, Retailer, Retailer Store and Store consent to be bound by the terms and conditions of the relevant third party payment gateway.
  • The User, Retailer, Retailer Store and Store acknowledge and agree that the total amount payable by the User, as indicated to the User by the Software, in relation to the Reserved Item may include:
    • an amount payable to the Retailer, Retailer Store or Store in relation to the purchase of the Reserved Item;
    • the payment fees or other fees payable to the third party payment gateway in accordance with the terms and conditions of the third party payment gateway;
    • a Payment Arrangement Fee payable to Brauz;
    • if applicable, The cost of delivery as calculated by the relevant third party delivery partner; and
    • if applicable, A Delivery Arrangement Fee payable to Brauz.

8) Online Registration 

  • If the Software allows for it, a User can browse and view User Content and the Software as an unregistered user of the Software.
  • A User may be required to register on the Software and create an Account to access some Services and features on the Software, including submitting User Content implementing the Third Party Retailer Plugin or configuring the Brauz IQ App.
  • Basic information is required when registering on the Software for an Account. 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 Software using the social login functionality provided on the Software.
  • 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 Software and/or Services if any information provided to Brauz proves to be inaccurate, not current or incomplete. 
  • 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 our Privacy Policy.  
  • 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. 
  • The User will immediately notify Brauz of any unauthorised use of its Account.

9) User Acknowledgment

  • If a Shopper contacts a Retailer, Retailer Store or Store and arranges a Retailer Products not involving the use of any Brauz Software or Service, any agreement entered into is between the Shopper and Retailer, Retailer Store or Store only and Brauz is not a part to the agreement.
  • Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Brauz does not provide a User with and cannot guarantee that other Users have genuine intentions. 
  • Each User should report to Brauz, any activities or requests of Users which are, or which the User reasonably believes to be:
    • suspicious;
    • inconsistent;
    • illegal; or
    • likely to have a negative effect on the reputation of Brauz, the Software, Services and/or a User.
  • Each User acknowledges and agrees that if the Software allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
  • Each User represents and warrants that any User Content that it creates or submits:
    • will not breach any agreements it has entered into with any third parties;
    • will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country and in Australia; and
    • will not conflict with the rights of third parties.
  • For the avoidance of doubt, Brauz assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
  • Brauz reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including Accounts and/or Listings that Brauz, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Software and/or Services or Brauz’s reputation.

10) Other Payments by Retailers, Retailer Stores and Stores

  • Retailers, Retailer Stores and Stores may be required to pay a once-off Set Up Fee and Monthly Subscription Fee as set out on our Software or as otherwise notified in writing to Retailers, Retailer Stores and Stores.
  • Retailers, Retailer Stores and Stores agree to pay any fees described in these Terms, in the currency specified by the Software or as otherwise notified in writing to Retailers, Retailer Stores and Stores, at the time that it creates an Account.
  • Retailers, Retailer Stores and Stores will be liable to pay the greater amount of either the Minimum Subscription Amount or the total Reservation Fees for a given month, in accordance with the Payee’s selected Subscription Package.
  • Shoppers are not required to pay any fees for their use of our Software. Whilst Shoppers do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for the Retailer Products they receive, including any applicable insurance, delivery fees and taxes (Retailer Fees).
  • GST will be charged where applicable.
  • Retailers, Retailer Stores and Stores may pay for the Services by Stripe or in the manner as otherwise agreed between the partied in writing. The payment will be processed upon receipt of the request for an Account.  Retailers, Retailer Stores and Stores must not pay, or attempt to pay for the Services through any fraudulent or unlawful means. If a Retailer’s, Retailer Stores’ and Stores’ payment is not able to be successfully processed then the request for an Account may not be processed. 
  • In the absence of fraud or mistake, all payments made are final and the Retailers, Retailer Stores and Stores shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.
  • Nothing prevents Brauz from taking any action necessary to recover any unpaid fees. If the Retailers, Retailer Stores and Stores fails to pay, the Retailer’s information will be passed on for collection and/or legal action.  The Retailer 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 Retailers, Retailer Stores and Stores 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 Retailers, Retailer Stores and Stores with a credit reporting agency.
  • 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 Retailers, Retailer Stores and Stores for Retailer Products or Retailer Services which are boosted using the functionality provided by the App, Site and/or Services.

11) Offers and Promotions 

  • Brauz may, from time to time, make Brauz Offers.
  • Brauz Offers are separate to Retailer Promotions.
  • The conditions of such offers or promotions will be specified on the Software.
  • The User acknowledges and agrees that Brauz may, at its sole discretion, remove or extend any offers or promotions, and Brauz will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

12) Dispute Resolution

  • By using our Software and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Retailer, Retailer Store ,Store, Shopper, Retailer, or other third party, will be limited to a claim against the Retailer, Retailer Store ,Store, Shopper, or other third party, who caused harm to him or her. Brauz encourages Users to communicate directly with the relevant Retailer, Retailer Store, Store, Shopper, or other third party to resolve any disputes.  
  • Brauz welcomes feedback from its Users. Brauz seeks to resolve concerns quickly and effectively.  If any User has any feedback or questions about the Services, please contact us using the contact details provided below.   
  • 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:
    • 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).
    • 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, within 14 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. 
  • 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, by law or in equity.

13) Cancellation of Registration 

  • If a User wishes to cancel its registration or any subscription pursuant to the Software and Services, the User will need to do so in writing via email to the address listed at the end of these Terms.
  • Other than any refunds pursuant to these Terms, Brauz will not provide a Retailer, Retailer Store, Store, Shopper, other third party with any refunds in relation to the cancellation of any registration or

14) Refund Policy

Any cancellation, exchange or refund of a Retailer Product is strictly a matter between the Shopper and the Retailer. The terms and conditions agreed to between the Shopper and Retailer should be set out clearly in the Listing in respect of the Retailer Product.


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) Intellectual Property 

  • All Intellectual Property, including but not limited to copyright which subsists in all creative and literary works displayed on the Software and Services, the layout, appearance and look of the Software and 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 of these Terms and whether used or contained in the Site is owned, controlled or licensed to Brauz (or its affiliates and/or third party licensors as applicable).
  • The User agrees that, as between the User and Brauz, Brauz owns or holds the relevant licence to all Intellectual Property rights in the Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Software and 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.
  • Some Intellectual Property used in connection with the Software and Services are Third Party Marks.
  • 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.
  • 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.
  • Each party acknowledges and accepts that it must not copy, edit, amend or re-use the code and/or functionality of any of the Software or in relation to the Services.

17) User Licence

  • Subject to these Terms, Brauz grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Software and 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 (User Licence), and not to use Software and 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.
  • The right to use the Software and Services is licensed to the User and not being sold to the User. A User has no rights in the Software and Services other than to use it in accordance with these Terms.  
  • This Agreement and User Licence governs any updates to, or supplements or replacements for the Software and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

18) Permitted and Prohibited Conduct 

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 Software and Services. In connection with the User’s use of the Software and Services, the User may not and agrees that it will not:

  • use the Software and Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • use the Software and Services to sell adult products or pornography;
  • use the Software and Services to sell products which are illegal, outlawed or not permitted to be sold by Australian law;
  • use the Software and Services to find a Retailer and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Brauz’s provision of the Software and Services;
  • submit any false or misleading information;
  • as a Retailer, offer any Retailer Products that it cannot provide;
  • as a Shopper, make any offers to the Retailers that it does not intend to honour;
  • 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;
  • copy, store or otherwise access any information contained on the Software and Services or content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • use the Software and 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;
  • use the Software and Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
  • stalk or harass any other user of the Software and Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Software and Services;
  • use, display, mirror or frame the Software and Services, or any individual element within the Software and 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
  • advocate, encourage, or assist any third party in doing any of the above.

19) Brauz Content

  • The Software and Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Software and Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Brauz and its licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software and Services, or Intellectual Property.
  • The User must not post, upload, publish, submit or transmit any content that:
    • 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;
    • is fraudulent, false, misleading or deceptive;
    • denigrates Brauz, the Software and Services, a Shopper, a Store, Retailer or a Retailer Store;
    • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances.

20) User Content

  • Users are permitted to provide User Content. By making available any User Content or any Intellectual Property on or through the Software and 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 Software and Services.
  • The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Software and Services. The User represents and warrants that: 
    • it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and 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; and
    • 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 thereof) on, through or by means of the Software and the 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.
  • Brauz may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

21) Disclaimers

  • Brauz does not guarantee that Retailer Promotions will be successful, that Shoppers will request Retailer Products, nor does Brauz guarantee that Users (including Shoppers) will be able to find desirable Retailer, Retailer Stores and Stores and/or Retailer Products.
  • Brauz does not guarantee that Shoppers will be able to reserve items for collection at Retailers, Retailer Stores or Stores pursuant to the Software and Services.
  • Brauz does not make any representation or guarantee as to the quantity of stock and/or the availability of any item at any Retailer, Retailer Store or Store even if the Software and/or Services expressly indicates that the item is available.
  • Brauz does not endorse any Shopper, Retailer, Retailer Store, Store User Content and/or Retailer Products.
  • Brauz requires Shoppers, Retailers, Retailer Stores and Stores to confirm that they have provided accurate information.
  • Brauz cannot and does not control the content contained in any User Content or the condition, legality or suitability of any Reserved Item or Retailer Products. Users (including Shoppers) are responsible for determining the identity and suitability of Retailer, Retailer Store or Store that they contact via the Software and/or Services.
  • Brauz accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Software. Brauz disclaims any and all liability related to any and all Shoppers, Retailers, Retailer Stores, Stores User Content and Retailer Products.
  • To the extent permitted by law, Brauz accepts no responsibility for and makes no representations or warranties to the Retailer, Retailer Store, Store 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.
  • By using the Software or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Users or Retailers, Retailer Stores, Stores or other third parties will be limited to a claim against the Users or Retailers, Retailer Stores, Stores or other third parties who caused it harm. Brauz encourages the User to communicate directly with the relevant Shopper or Retailers, Retailer Stores, Stores or other third parties on the Software and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
  • To the fullest extent allowable under any law, Brauz disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Software or 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.
  • For the avoidance of doubt, Brauz is not responsible for any duties, fees and taxation under these Terms. Brauz advises that all Users using the Software and Services should seek advice in relation to these matters.
  • Each Shopper or Retailers, Retailer Stores, Stores or other third party who uses the Software and the Services does so at their own risk.
  • 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:
    • Brauz expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
    • Brauz does not warrant that the Software, the Services, content on the Software and/or Services (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Software or the Services will be error free, that any defects will be corrected or that the Software or the server which stores and transmits material to the User is free of viruses or any other harmful components;
    • Brauz takes no responsibility for, and will not be liable for, the Software, the Services, the Users (including Shoppers), the Retailers, the Retailer Stores, the Stores, the User Content and Retailer Products being:
      1. Unavailable;
      2. of a particular standard of workmanship;
      3. failing to meet the provided description;
      4. failing to meet the User’s needs; or
      5. being of less than merchantable quality; and
    • Brauz 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 claims made against the User, arising out of or in connection with the Software, Services, content on the Software and/or Services, inability to access or use the Software, the Services, any User Content the Retailer Products or the Terms, even if Brauz was expressly advised of the likelihood of such loss or damage.
  • The User agrees not to attempt to impose liability on or seek any legal remedy from Brauz with respect to any actions or omissions in relation to the matters disclaimed under these Terms.

22) Limitation of Liability

  • Brauz’s total liability arising out of or in connection with the Software, the Services or the Terms, 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).
  • 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.
  • 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.
  • This Limitation reflects the allocation of risk between the parties.
  • It is agreed that the Limitation and any other limitation specified in this section or in these Terms will survive and apply notwithstanding the termination of this agreement, even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Brauz.

23) Indemnity

  • 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 Software and/or Services; any breach by the User of these Terms; 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.
  • 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.
  • This defence and indemnification obligation will survive these Terms and the User’s use of the Software or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Brauz without restriction.

24) Miscellaneous

  • Accuracy: While Brauz will endeavour to keep the information up to date and correct, Brauz makes 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 Software 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.
  • 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.
  • Termination: Brauz reserves the right to refuse supply of the Software and/or Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Software and/or 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 Software, Services, its Account or its User Content.
  • Fraudulent Activities: Each User acknowledges and agrees that, in the event Brauz reasonably suspects that there are fraudulent activities occurring within the Software and 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.
  • Item Unavailable: If a Reserved Item is unavailable at the time of reservation Retailers, Retailer Stores and Stores (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 Retailers, Retailer Stores or Stores (as applicable).
  • Brauz Data: Subject to the terms of any agreement between Brauz and a Retailer, Retailer Store and Store, any data which is collected by Brauz in the process of performing the Services is owned by Brauz. It is agreed that Brauz may use such data provided the use is in accordance with the Privacy Policy.
  • Force Majeure: Brauz will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
  • Notice: Any notice in connection with the Terms 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.
  • Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms 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 the Terms shall be effective unless Brauz expressly states that it is a waiver and Brauz communicates it to the User in writing.
  • Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Brauz’s prior written consent.
  • Severability: If any of the Terms 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.
  • Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Software or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victoria courts. The Software may be accessed throughout Australia and overseas. Brauz makes no representation that the content of the Software complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Software 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 Software.
  • Entire Agreement: These Terms 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.
  • Amendment: Brauz may amend these Terms from time to time and each User agrees to be bound by the amended terms from the date of such amendment.

 

For questions and notices, please contact:

Honeycomb Media Pty. Ltd. ACN 166 152 405 trading as Brauz

Level 16/414 La Trobe Street, Melbourne Victoria 3000

Email: compliance@brauz.com

For questions and notices, please contact us at:

Honeycomb Media Pty. Ltd. ACN 166 152 405 trading as Brauz
4/35 Hope St, Brunswick, VIC 3056
Email: compliance@brauz.com