Terms and Conditions

TERMS OF USE

These terms and conditions apply to the use of this Site. The Site and Vendor Portal will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Services.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“Consumer” is as defined by the ACL;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Vendor Information” has the same meaning as in clause 5 of these Site Terms;

“Services” means the services provided by Steward Guide which allows you to access the Site and the Vendor Portal;

“Site” means the website located via the domain name stewardguide.com.au;

“Site Terms” means these terms and conditions; and

“Vendor Portal” means access to an individual Vendor account and the ability to enter information regarding an individual Vendor and their products.

“Vendor” means entities advertising their services on the Site.

“You” means the person, jointly and severally if more than one, using the Site and the Vendor Portal and/or acquiring the Services from Steward Guide.

APPLICATION OF TERMS OF USE

1. The Services are owned and operated by Steward Guide.

2. Through this Site:

2.1. you can access all content other than the Vendor Portal; and

2.2. you can register as a Vendor and access your own Vendor Portal.

3. Steward Guide may amend these Terms from time to time. Any amendment will be effective immediately upon being posted on this Site and notification being provided to all registered Vendors. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.

4. Steward Guide reserves the right to vary or modify the information contained on this Site including any Vendor Information and to change or discontinue any feature or part of this Site or the App, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

VENDOR INFORMATION

Site and App Registration and Account Creation

5. You may be prompted to register as a vendor and to submit certain information in order to utilize the Vendor Portal (Vendor Information). The Vendor may include, but is not limited to, your name, contact details and credit card details.

6. Upon becoming a registered Vendor, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.

7. You will be able to access and modify your Vendor Information from the Site.

8. Steward Guide may terminate your registration at any time by notice to You. You may terminate your registration via an email notification to admin@stewardguide.com.au. You will be refunded a pro-rata amount of any fees paid.

9. Once you register as a Vendor, you are responsible for the content of all Vendor Information entered on this Site. All Vendor Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Vendor Information.

10. You must indemnify Steward Guide for any losses, costs, expenses or damages that Steward Guide may suffer or incur if any of the Vendor Information provided by you is not correct.

PAYMENT TERMS

Billing Cycle

11. You authorise Steward Guide to collect/deduct payment immediately upon signup and thereafter on an automatic six monthly or monthly basis, as the case may be.

12. The recurring payment is not a contract. Vendors can cancel the recurring payment by cancelling before the date when their next payment is due.

13. Unless you cancel your Vendorship at least 24 hours before your monthly or six monthly billing date, you authorise Steward Guide to charge your next month’s or six monthly fee to your chosen payment method.

PRIVACY

14. Steward Guide may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Steward Guide’s Online Privacy Policy. Your continued use of the Services and your provision of your personal information constitutes your approval for Steward Guide to deal with your personal information.

SECURITY OF INFORMATION

15. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Vendor Information which you transmit to us. Accordingly, any Vendor Information which you transmit to us is transmitted at your own risk.

16. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Vendor Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

17. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

LINKS TO OTHER SITES

18. You may be able, through hypertext or other computer links, to gain access to other sites operated either by Steward Guide, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under Steward Guide’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, Steward Guide is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Steward Guide provides these links for your convenience only. You link to any such Linked Sites at your own risk. Steward Guide is not a party to any transaction between you and a Linked Site. Unless specified, Steward Guide does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)

19. Steward Guide does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Steward Guide in good faith on an “as is” basis without warranty of any kind.

20. Steward Guide does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.

21. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.

22. Steward Guide makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.

LIMITATION OF LIABILITY (USE OF THE SERVICES)

23. Steward Guide will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Steward Guide be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, Steward Guide will not be liable for those costs.

24. Where liability cannot be excluded, any liability incurred by Steward Guide is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

THIRD PARTY MATERIAL

25. Certain Information may include material from third parties.

26. You agree that Steward Guide is not responsible for examining or evaluating the content or accuracy of the third party material and Steward Guide does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

27. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Steward Guide is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

28. © Steward Guide 2018. All rights reserved.

29. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Steward Guide or third party suppliers as the case may be.

30. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Steward Guide’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.

31. All trade marks and trade names which appear on this Site are proprietary to Steward Guide and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

32. Steward Guide takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by Steward Guide or individuals, groups or companies interacting with the Services, you can notify us at admin@stewardguide.com.au

SPAM

33. The publication of Steward Guide’s email addresses on this Site is to facilitate communications relating to the Services supplied by Steward Guide. It must not be inferred as consent by Steward Guide to receive unsolicited commercial electronic messages.

VENDOR SUBMISSIONS / User Generated Content

34. From time to time, you may be able to post reviews and/or comments regarding the features of this Site (Vendor Submissions). You irrevocably grant to Steward Guide a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Steward Guide all moral rights in any jurisdiction.

35. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Steward Guide for any losses, costs, expenses or damages that Steward Guide may suffer or incur as a result.

36. Steward Guide reserves the right, but not the obligation, to review, edit or delete any Vendor Submissions that Steward Guide deems to be illegal, offensive or otherwise inappropriate.

PRICING AND PAYMENT FOR VENDOR PORTAL

37. You agree to pay for the Vendor Portal in the manner specified in these Terms and on the Site.

38. Prices displayed for the supply of the Vendor Portal include GST, and any other taxes or duties imposed on or in relation to the Vendor Portal.

39. Subject to clause 65, payment for the Vendor Portal Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Vendor Portal until payment is received.

DELIVERY OF VENDOR PORTAL

40. Steward Guide will make the Vendor Portal available for access from the Site.

41. You must advise Steward Guide in writing within 72 hours after been advised that the Vendor Portal is available for access from the Site:

41.1. of the inability of the Vendor Portal to be accessed;

41.2. if there is damage to the Vendor Portal; or

41.3. that the wrong Vendor Portal has been received.

TERMINATION OF ACCESS

42. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 32 through 36 inclusive will nevertheless survive any such termination.

MISCELLANEOUS

43. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

44. Steward Guide’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Steward Guide’s rights.

45. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

46. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

TO RETURN TO THE SITE

47. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.

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September 2018