Terms and Conditions

Terms of Use

Effective: 4 August 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES OR PROGRAMS (DEFINED BELOW). YOUR USE OF THE SITES OR PROGRAMS CONFIRMS YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SITES OR PROGRAMS.

SPECIFICALLY, PLEASE READ THE DISPUTES WITH OPERATORS SECTION CAREFULLY, IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.

Application.  These Terms of Use apply to the website www.savers.com.au, including any applications, platforms, services, or other resources related to, distributed on or available through www.savers.com.au and, including without limitation any apps, email newsletters, mobile optimized versions, or any other interactive features available in Australia (collectively, the “Sites”), and any services, programs or other offerings in Australia that utilize the Sites or in-store services, including your participation in the Super Savers Club Card™ program (collectively, the “Programs”). The Sites and Programs are operated by TVI, Inc. (“TVI”) and Savers Australia Pty Ltd ACN 116 995 594 (“SAVERS”) and other third-parties that own a portion of and/or participate in the operation of the Sites (the “Developers”). TVI, SAVERS and the Developers are referred to together as the “Operators,” “we,” or “us.”

WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE WHERE THERE WILL NOT BE ANY MATERIAL DETRIMENTAL EFFECT ON YOU. IF WE DECIDE TO MAKE ANY CHANGE THAT MAY HAVE A MATERIAL DETRIMENTAL EFFECT ON YOU, WE WILL PROVIDE YOU NOTICE BY EMAILING YOU AT THE EMAIL ADDRESS YOU PROVIDED TO US REASONABLY IN ADVANCE OF THE CHANGE TAKES EFFECT. YOUR CONTINUED USE OF OUR SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain services offered by the Operators, such as our Super Savers Club Card™ customer loyalty program, you may be subject to additional terms and conditions linked at the program’s information page, and/or you may be required to execute a separate written agreement.

Products, Content and Specifications.  All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.

Accuracy of Information.  We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. Subject to applicable law, including without limitation the Australian Consumer Law, we make no representation as to the completeness, accuracy or currency of any information on the Sites. We may from time to time and in our sole discretion make available special offers and promotions that are sometimes limited, including to a particular geographic region. We reserve the right at any time, within our discretion and without prior notice although at all times to the extent permissible under applicable law, to add or change offers and/or promotions or to discontinue any offers or promotions. We are not responsible if you see a promotion offered outside of your geographic region.

Use of the Sites.  Use of the Sites is personal, nonexclusive, non-sublicensable and must be consistent with these Terms of Use. The design of the Sites and all text, graphics, information, content, and other material displayed on or available through the Sites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. The software and other technology components of www.savers.com.au are Copyright 2014-2019, © TVI, Inc. © SAVERS or its affiliates and suppliers. The contents of www.savers.com.au are Copyright 2014-2019, © TVI, Inc. © SAVERS, or their respective affiliates and suppliers. All rights reserved. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Sites for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Sites or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Sites. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Sites. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use of any information or materials displayed on or available from the Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks.  Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of TVI, SAVERS or its affiliates. Other trademarks, trade names and service marks used or displayed on the Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners or their respective affiliates. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without the written permission of TVI, SAVERS or such other owner. You shall not use Operators’ names or any language, pictures or symbols which could, in Operators’ judgment, imply Operators’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

If you are a copyright owner or an agent thereof and believe that any content posted on the Sites infringes upon your copyrights, you may submit written notification to our designated Copyright Agent at LegalAdmin@Savers.com. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Content.  If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate. You must not post any User Content that:

  • is unlawful, threatening, libellous, defamatory, abusive, obscene, profane, offensive, false, indecent, harmful, racist, inflammatory, bullying, harassing or pornographic;
  • infringes any third party's rights (such as intellectual property, privacy, publicity or contractual rights);
  • contains any harmful components such as viruses, trap doors, hidden sequences, hot keys, or time bombs;
  • could give rise to civil or criminal proceedings;
  • violates any law, statute, ordinance or regulation;
  • promotes racism, bigotry or hatred of any kind against any group or individual;
  • promotes or encourages violence against a person or damage or destruction of property;
  • is fraudulent, false or misleading in any way;
  • is illegal or promotes any illegal activities; or
  • contains any advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation. If you are under the age of 16, you may not provide any User Content to us.

If you are under the age of majority in your jurisdiction of residence but at least 16 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of an individual between the ages of 16 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

Linking to the Sites.  Creating or maintaining any link from another website or application to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rules, and regulations.

Third Party Links.  From time to time, the Sites may contain links to websites that are not owned, operated or controlled by the Operators or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.

Account Registration and Security.  You understand that you may need to create an account to have access to all of the services offered by the Operators. In order to use those portions of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Operators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Operators have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must not share your account information or your username and password with any third party or permit any third party to logon to the Sites using your account information. You must immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.

Inappropriate Material.  You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any applicable law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

User Information.  Other than personal information, which is subject to the relevant Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Sites in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. User Communications must not:

  • be unlawful, threatening, libellous, defamatory, abusive, obscene, profane, offensive, false, indecent, harmful, racist, inflammatory, bullying, harassing or pornographic;
  • infringe any third party's rights (such as intellectual property, privacy, publicity or contractual rights);
  • contain any harmful components such as viruses, trap doors, hidden sequences, hot keys, or time bombs;
  • give rise to civil or criminal proceedings;
  • violate any law, statute, ordinance or regulation; 
  • promote racism, bigotry or hatred of any kind against any group or individual;
  • promotes or encourages violence against a person or damage or destruction of property;
  • be fraudulent, false or misleading in any way;
  • be illegal or promotes any illegal activities; or
  • contain any advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation.

DISCLAIMERS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE (INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN CONSUMER LAW IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) OR CAUSE ANY PART OF THESE TERMS TO BE VOID ("NON-EXCLUDABLE RIGHTS"), YOUR USE OF THE SITES AND/OR PROGRAMS, INCLUDING WITHOUT LIMITATION ANY USER CONTENT OR USER COMMUNICATIONS, IS AT YOUR RISK. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, THE INFORMATION, MATERIALS, SERVICES AND PROGRAMS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, NEITHER TVI, SAVERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER THE OPERATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. FURTHER, SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, OPERATORS ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITES OR PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITES AND/OR PROGRAMS IS ENTIRELY AT YOUR OWN RISK. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, THE SITES AND PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION IN RELATION TO NON-INFRINGEMENT OF A THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT, SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, OPERATORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITES OR PROGRAMS, ARISING OUT OF USE OR INABILITY TO USE OF THE SITES OR PROGRAMS, OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITES OR THROUGH THE PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, EVEN IF OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, THE TOTAL COLLECTIVE LIABILITY OF THE OPERATORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITES OR PROGRAMS FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITES OR PROGRAMS, IF ANY.

OUR TOTAL LIABILITY TO YOU FOR A BREACH OF ANY NON-EXCLUDABLE RIGHT (OTHER THAN A BREACH OF A NON-EXCLUDABLE RIGHT THAT BY LAW CANNOT BE LIMITED) IS LIMITED, AT OUR OPTION TO ANY ONE OF RESUPPLYING, REPLACING OR REPAIRING, OR PAYING THE COST OF RESUPPLYING, REPLACING OR REPAIRING GOODS IN RESPECT OF WHICH THE BREACH OCCURRED, OR SUPPLYING AGAIN OR PAYING THE COST OF SUPPLYING AGAIN, SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.

WHERE NON-EXCLUDABLE RIGHTS APPLY UNDER THE AUSTRALIAN CONSUMER LAW, OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED BY AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE, AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.

 

DISPUTES WITH OPERATORS

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE OPERATORS HAVE AGAINST EACH OTHER ARE RESOLVED. NOTE: THIS SECTION WILL ONLY APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Sites, (ii) any purchases or other transactions or relationships with Operators, or (iii) any data or information you may provide to Operators or that Operators may gather in connection with such use, interaction or transaction (collectively, “Operators Transactions or Relationships”), you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Operators, and any claim that Operators may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or additional program terms shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

Choice of Law; Jurisdiction.  These Terms of Use supersede any other agreement between you and any of the Operators to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of Australia and the State of Victoria, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

GENERAL PROVISIONS

Force Majeure.  Neither the Operators nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy.  Data collection and use, including data collection and use of personally identifiable information is governed by our Privacy Policy which is incorporated into and is a part of this Agreement.

Termination.  You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.

Additional Assistance.  If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us by emailing us at customercare@savers.com.