Terms of service

This is an agreement between FineFinds (ABN 14 243 126 674) (“FineFinds”, “we”, or “our”) and you, an individual or entity (“you” or “your”) that is a customer of FineFinds’ services through their website finefinds.com.au (Website).

Access to and use of the products and services provided by FineFinds (collectively, Services) is subject to the following terms, conditions and notices (Terms).

By clicking “I Accept”, you will be deemed to have accepted the following terms. If you do not wish to accept the terms, you must not click “I Accept” and you may not receive our Services.

 

1       Amendments to Terms

FineFinds reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of FineFinds’ Services following such notification will represent an agreement by you to be bound by the terms and conditions as amended. You should check this page regularly to take notice of any changes we may have made to the Terms.

 

2       Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

You represent and warrant that:

(a) You are at least 18 years of age;

(b) You possess the legal right and ability to enter into a legally binding agreement with FineFinds; and

(c) You will use this Website in accordance with these Terms.

 

3       Access and Use

You will need to register by creating an account with FineFinds (either by registering directly with us or by allowing FineFinds application to connect through your Facebook or other social media profile) in order to publish content on the Website or obtain access to certain services, including deals. If you choose to create an account or profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up to date if it changes. When you register, you will obtain unique log-in credentials (a user ID and password).

Access to the Website and Services is not authorised by any other person or entity using your user ID and password and you are responsible for preventing such unauthorised use.

You are solely responsible for the activity that occurs on your account, and you must keep your user ID and password secure. If you suspect or become aware of any unauthorised use of your account or that your user ID and password are no longer secure, you agree to notify us immediately.

FineFinds reserves the right at its discretion to decline to provide you with the FineFinds service at any time, or to amend, alter or terminate the FineFinds service in any way. FineFinds will not be liable to you or a third party in any way.

Accordingly, you may view, use, copy, and distribute the materials found on FineFinds’ Website for internal, non-commercial, informational purposes only.

 

4       Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by FineFinds. FineFinds has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Services contained within each such site.

 

5       Purchase of Items from Website

The purchase, supply, refund, claims and any other conduct in relation to any items, goods, or materials purchased from the Website is governed by our Online Purchase Agreement, which forms part of the terms your use of the Website, and is located in Schedule 1 of this agreement and can be found at finefinds.com.au/policies/terms-of-service.

By clicking “I Accept” where applicable, and/or by making any purchases from the Website, you agree to be bound by the Online Purchase Agreement and the terms and conditions contained therein.

 

6       Privacy policy

Our Privacy Policy, which sets out how we will use your information, can be found at finefinds.com.au/policies/privacy-policy. By using this Website, you consent to the processing, described the privacy policy and warrant that all data provided by you is accurate.

 

7       Prohibitions

(a) You must not misuse this Website. You will not:

1. commit or encourage a criminal offence;
2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

                                  III. hack into any aspect of the Service;

1.         corrupt data;
2.         cause annoyance to other users;
3.         infringe upon the rights of any other person's proprietary rights;

                                VII. send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

                              VIII. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offence and FineFinds will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(b) You must not:

1. data mine, scrape, crawl, or using any process or processes that send automated queries to the FineFinds Website;
2. compile a collection of listings, including a competing listing product or service; or

                                    III.  use the Website for any unsolicited commercial e-mails. Except as authorised in this paragraph;

(c) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

(d) You are not being granted a license under any copyright, trademark, patent, or other intellectual property right in or on the Website and materials contained therein or the products, services, processes, or technology described therein. All such rights are retained by FineFinds, its subsidiaries, parent companies, and/or any third-party owner of such rights.

 

8       Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of FineFinds or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FineFinds and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

Do not send us any confidential or proprietary information. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas, or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products and services incorporating such information.

 

9       Disclaimer of Liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.

(b) To the fullest extent permitted by law, FineFinds hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This does not affect FineFinds’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

(d) In no event shall FineFinds be liable to any user on account of such user’s use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if FineFinds are aware of or have been advised of the possibility of such damage, arising out of, or connected with the use (or inability to use) or performance of the site, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site. FineFinds does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on the site or other material accessible from the site the user of this site assumes all responsibility and risk for the use of this site and the internet generally.

(e) The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

 

10       Warranty Disclaimer

FineFinds’ service and all information and materials on this website are provided "as is" and FineFinds does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations, and warranties (statutory, express, or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. FineFinds makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on the Website.

To the maximum extent permitted by law (and subject to any rights you have under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)), FineFinds is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of the Website or FineFinds’ service or from the use of, or inability to use, any product or service bought on the Website. If, notwithstanding these Terms and Conditions, FineFinds is held liable, then the total liability of FineFinds to you, and those claiming through you, under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount purchased.

 

11       Endorsements

We do not investigate, represent, or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions (“Promotions”) or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Website. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party,  or of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Website or Linked Sites (the “Products”).

 

12       Content Disclaimer

1. a) FineFinds communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. FineFinds has no control over the accuracy of such information on our pages, and material on the Website may include technical inaccuracies or typographical errors.
2. b) We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
3. c) All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.
4. d) FineFinds reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Website. Where appropriate, we will endeavour to update the information listed on the Website on a timely basis but shall not be liable for any inaccuracies or delays in rectifying such inaccuracies. Links to external Internet sites are provided within the content on the Website as a convenience to users. The listing of an external site does not imply endorsement of the site by FineFinds or its affiliates. FineFinds does not make any representations regarding the availability and performance of its Website or any of the Linked Sites. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by FineFinds. FineFinds and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.
5. e) We reserve the right to disable links to or from third-party sites to our Website, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our marks as part of a co-branding relationship.
6. f) Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked sites. We do not fully screen or investigate business listing sites before or after including them in directory listings that become part of the materials on our Website, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
7. g) We are under no obligation to monitor the material residing on or transmitted to this Website. However, anyone using this Website agrees that FineFinds may monitor the Website contents periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the Site properly or to protect itself and its users. FineFinds reserves the right to modify, reject or eliminate any material residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
8. h) FineFinds will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to “opt-out” of the addition of the materials to its advertising, including, but not limited to ratings and reviews provided by third parties. FineFinds reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of FineFinds, may be, defamatory, infringing or in violation (whether directly or indirectly) of any applicable law. FineFinds reserves the right to exclude material from the Website. Materials submitted to FineFinds for publication on the Website may be edited for length, clarity and/or consistency with FineFinds’ editorial standards.

 

13       Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice to you.

 

14       Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with FineFinds and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FineFinds.

 

15       Indemnity

You agree to indemnify, defend, and hold harmless FineFinds, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.

 

16       Variation

FineFinds has the right in its absolute discretion at any time and without notice, to amend, remove or vary the Services or any page of this Website.

 

17       Invalidity

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

18       Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments, please contact our team.

 

19       Waiver

Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, but a waiver has not been effected, you understand that we maintain the right to enforce our rights to any remedies. We will also be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

20       Entire Agreement

The above terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

 

21       Governing Law

These terms of service are governed by the laws in force in New South Wales and Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

Schedule 1: Online Purchase Agreement and Policy

Purchases of any items (electronic or physical), tickets, cards, goods, services, or any other materials (“Items”) by any individual or entity (“you” or “your”) from the Website or from FineFinds (“FineFinds” or “we”) are governed by these Terms and the following terms: 

 

1       Ordering from the Website 

1. When you place an order via our Website, you will receive an acknowledgement e-mail confirming receipt of your order. This e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Items which you ordered have been supplied to you. Only those Items supplied will be included in the contract formed.
2. Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Items advertised, which you have purchased, we will correct the error straight away.
3.  Additional costs such as handling charges or any other fees applicable on your purchases of the Items will be displayed to you at time of purchase.
4. Upon receiving your order for the Items, should you make payment by way of card (being a debit card, credit card or otherwise), we will carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the Items you wish to purchase. Once the Items have been supplied and you have been sent a confirmation e-mail the monies paid as a deposit will be used as consideration for the value of the Items you have purchased as listed in the confirmation e-mail.

 

2       Authenticity

1. In relation to the authenticity of the Items:
1. All Items featured have undergone a two-factor authentication process by:

1. Our in-store team; and
2. A third-party authentication service known as “Entrupy”.

1. If you have purchased an Item and have issues of authenticity, please follow the process as outlined in clause 5 below.  

 

3       Supply of Items

1. In relation to the supply of the Items: 
1. All deliveries, whether international or Australia, are sent as electronic copies of the Items on the e-mail address provided by you. These electronic copies of the Items are the sole copy of the Item that is purchased by you and supply occurs on the supply of this electronic copy to your e-mail. 
2. While we warrant we will do everything that we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person (whether directly or indirectly) as a result of that delay. 
3. FineFinds will not be liable in any manner for delays or losses caused to you by your provision of an incorrect e-mail address.
4. Title in the Items does not pass to you until payment has been received. Risk of loss or damage to the items passes to you upon the supply of the Items which occurs when the Items is marked as being supplied by FineFinds.
5. Non-supply of Items must be reported to us as soon as possible. Please notify us by e-mail.
6. Any fees, taxes or charges that are applicable to the purchase and supply on the items will be paid by you. 

 

4       Acceptance of Items

1. You will have accepted the supply of Items if you fail to provide a notice to us within 48 hours of receipt of the Items, which shall be calculated from the date of supply of the Items. You must notify us if the Items do not conform to the requirements of your purchase within the 48 hour timeframe. No claim will be recognised unless made in writing and received by us within that timeframe. This clause does not apply if the Items are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply. 

 

5       Refund policy

1. In relation to any refunds for the Items, subject to any legislation or rule to the contrary, no refund may be granted if you change your mind or make the wrong decision. A refund may be granted only at the absolute discretion of FineFinds on issues of authenticity and subject to any factor that FineFinds may consider reasonable and important, including: 
1. the time elapsed from acceptance of Items to request for a refund; and
2. justification for a refund relating to errors with FineFinds’ services or the website. 
2. If you suspect that an Item is not authentic and wish to refund the Item, you must:
1. Notify FineFinds’ within seven (7) days of receiving the Item;
2. Ensure that the Item still has the tag attached to the Item.
3. Once a request has been made under clause 5(b)(A) above, we will attempt to verify the claim as soon as possible. Should the Item be proven inauthentic, we guarantee a full refund on the Item.
4. If we have reviewed the Item under clause 5(c) and determined that it is not inauthentic, we will return it to you by express post. Please be advised that in these circumstances, you will be liable for any costs incurred by us in facilitating this review. 
5. In addition to clause 5(d), we reserve the right to charge a handling fee.

 

6      Limitation of Liability

1. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
2.   We have no liability to the extent that a failure of the Items is attributable to any act or omission on your part.
3.   Our liability for failure to comply with a consumer guarantee is limited to the replacement of the Items or supply of equivalent Items (or the payment of the cost of the replacement or supply) or the supply of Items again. 
4.   Subject to the prior clause, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
5. In all other respects, our total liability for loss or damage of every kind, arising in any other way out of or in relation to the supply of the Items, their sale, delivery, or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the Items. 
6. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of Items supplied (or not supplied) pursuant to these terms. 

 

7      Warranty Disclaimer

1. To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is hereby excluded. The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded. 
2. FineFinds’ Services and all information and materials on this website are provided "as is" and FineFinds does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations, and warranties (statutory, express, or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. FineFinds makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on this website. 
3. To the maximum extent permitted by law (and subject to any rights you have under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)), FineFinds is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of this Website or FineFinds’ Services or from the use of, or inability to use, any product or service bought on this website. If, notwithstanding these Terms and Conditions, FineFinds is held liable, then FineFinds’ total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount purchased.

 

8      Intellectual Property

1. The specifications and design of the Items (being all intellectual property, including but not limited to, copyright, design right, trademarks, or other intellectual property) remain our property.