Webon Holdings Pty Ltd t/as Catchus Terms and Conditions

Webon Pty Ltd t/as Catchus (Catchus) operates the website catchus.com.au and associated social media accounts and smart phone applications as may be accessed from desktop computers, tablets, mobile phones or any other device from time to time (collectively, the Site).

The Site operates to provide consumers services and products from third party businesses. It is important to note that the Site is only intended to act as an introducer of the services and products of businesses to consumers and Catchus does not warrant nor is it liable for any product or service purchase via the Site.

Catchus grants permission for the use of the Site subject to the Terms and Conditions set out herein. As a user of the Site, all persons are bound by these Terms and Conditions and you agree to be bound by these Terms and Conditions.

If you are using the Site on behalf of a corporate entity, partnership or third party then you agree that you have permission to use the Site on their behalf and by using the Site you agree that any corporate entity, partnership or third party is also bound by these Terms and Conditions (and you warrant that you have capacity to agree to these Terms and Conditions).

By checking or clicking any button, by using the Site or by any other method of indicating your acceptance of the Terms and Conditions you agree to be bound by the Terms and Conditions outlined herein.

1. SERVICES
1.1 Subject to these Terms and Conditions, Catchus provides the following goods and services (Services):

1.1.1 the ability to create an account on the Site;
1.1.2 the ability to use the features of the Site once an account has been created;
1.1.3 the ability to purchase products or services from third party providers who have been introduced to a consumer via the Site;
1.1.4 the ability for businesses to market their products or services to potential consumers via the Site;
1.1.5 the ability for businesses to sell their products or services to consumers via the Site; and
1.1.6 the ability for users to update their details on the Site and manage the relevant details on the Site.

1.2 Catchus’ obligations to any use of the Site are limited to the Terms and Conditions outlined herein.
1.3 Catchus may modify the services offered and the Terms and Conditions from time to time without notice and in its sole discretion.
1.4 Catchus does not warrant the accuracy or reliability in any way of any information on the Site, whether that information has been posted by a business or consumer. All users of the Site are solely responsible for their conduct and if any sale is made via the Site then the consumer has engaged the business directly and without any recourse to Catchus.

2. ACCOUNT
2.1 Users may be required to create an account with Catchus in order to make use of the functionality offered by the Site. Users who do not have an account may not be able to use all the functions available on the Site.
2.2 Catchus in its sole discretion may amend, place restrictions on or alter the requirements needed to open or manage an account.
2.3 To create an account you agree:

2.3.1 to provide personal information (as defined in the Australian Privacy Act) necessary to create an account to Catchus;
2.3.2 that the account will be created in a manner and using information required by Catchus from time to time;
2.3.3 to keep confidential any information, including passwords, required to operate an account;
2.3.4 that all information provided in establishing an account is true and correct to the best of your knowledge;
2.3.5 that you will only use the account for the purpose of utilising the functionality of the Site; and
2.3.6 that you will not use the account to engage in any defamatory, misleading and deceptive or slanderous conduct.

2.4 Catchus, at its sole discretion, reserves the right to disable or delete any account at any time.
2.5 Users may delete their own accounts at any time via the Site.
2.6 Users may be offered benefits from time to time by Catchus if they hold an active account. Any offer is made at Catchus’ sole discretion and is valid only for the User to whom the offer is directed and is non-transferrable. All decisions made by Catchus with respect to any offer made to Users is final.
2.7 If purchasing a Gift Card on the Site, you verify that:

a. The intended recipient is over 16 years old;
b. You accept that it is only valid for a period of 12 months from the time of purchase; and
c. It is not redeemable for cash.

2.8 Catchus may offer a subscription service for users of the Site. If you register for the subscription service you should note that:

a. It is provided in Catchus’ sole discretion and may be cancelled at any time;
b. A subscription is not redeemable for cash nor is any offer provided to subscribers redeemable for cash; and
c. A subscription is not transferrable and is valid for the subscriber only.

3. PROHIBITED USES
3.1 All information contained on the Site is owned by either Catchus of by third party licensors. By using the Site you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell information, software, code, products or services obtained via the Site. Additionally, you agree not to:

3.1.1 use another person’s name, account, identity or password without permission, or use the Site while impersonating another person;
3.1.2 access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without Catchus’ express written permission;
3.1.3 violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
3.1.4 take any action that imposes, or may impose, in Catchus’ discretion, an unreasonable or disproportionally large load on its server infrastructure;
3.1.5 deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement; or
3.1.6 attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Catchus in connection with the Site or the services (except to the extent specifically permitted by law).

4. LIABILITY AND DISCLAIMER
4.1 You acknowledge that Catchus does not make any warranty regarding the content on the Site. – Need more polished
4.2 You agree that Catchus will not be liable for any failure in, or delay to, the provisions of the products or services purchased via Catchus complying with its obligations under these Terms and Conditions where such failure or delay has arisen as a direct or indirect result of:

4.2.1 fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war terrorism, explosion, sabotage, industrial accident or any industrial strike;
4.2.2 denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
4.2.3 a significant demand being placed on Catchus’ services which is above the usual level of demand and which results in a failure of Catchus’s software and/or hardware;
4.2.4 the failure of any third party to fulfil any obligations to Catchus; or
4.2.5 any other circumstances or event similar to the above which is beyond Catchus’ reasonable control.

4.3 To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose liability or obligation on Catchus are excluded under these Terms and Conditions. However, if a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then Catchus’ liability is limited to:

4.3.1 in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
4.3.2 in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,
and except in the case of a major failure (as that term is defined in the Australian Consumer Law), Catchus can elect as between the remedies set out in paragraphs 7.3.1 and 7.3.2 herein.

4.4 Subject to clause 7.3, and to the extent permitted by law, Catchus’ liability to you arising directly or indirectly under or in connection with these Terms and Conditions or otherwise in connection with or in any way relating to the Site or any of the Services, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:

4.4.1 Catchus excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these Terms and Conditions or otherwise in connection with or in any way relating to the Site or the Services; and
4.4.2 Catchus’ total aggregate liability under or in any way connected with these Terms and Conditions or otherwise in connection with or in any way relating to the Site or the Services, is otherwise limited to the greater of $10 or the total amount you have paid to Catchus for the Services that are subject of any relevant claim.

5. PRIVACY
5.1 You agree and acknowledge that by using the Site and the Services that Catchus may collect your personal information in accordance with the terms of its Privacy Policy.

6. RESPONSIBILITY FOR PRODUCTS AND SERVICES
6.1 Catchus does not:

6.1.1 provide any product or service obtained via the Site;
6.1.2 warrant, in any way, any product or service obtained via the Site;
6.1.3 enter into a contract with either a consumer or business for the purchase or sale of a product or service obtained via the Site; or
6.1.4 form any legal or contractual relationship with any consumer or business providing products or services or obtaining same via the Site. Need Explanation?

7. CANCELLATION, REFUNDS OR OTHER ISSUES
7.1 Any refund, cancellation or other issue that may arise with respect to a product or service obtained via a business on the Site is a matter for the consumer to resolve directly with that business on the business’s terms of trade at the time of selling.
7.2 Where possible, Catchus will assist in resolving an issue in reasonable manner in relation to a product or service but does not do so on the basis of taking responsibility for, or otherwise taking ownership of, any product or services obtained via a business on Catchus.
7.3 Please note that it is the business, not Catchus, that is:

7.3.1 the seller, supplier and/or provider of any product or service;
7.3.2 the party who enters into a contract with a consumer; and
7.3.3 solely responsible for any product or service obtained via the Site.

7.4 Under no circumstances is Catchus acting as agent for any business on the Site.

8. VOUCHERS
8.1 In order to activate a product or service obtained via the Site Catchus may issue a Voucher to a User to redeem with a business.
8.2 When purchasing a Voucher Catchus will confirm with the relevant business that the offer is accepted and will forward Users confirmation by email. A Voucher is not valid until you have received email confirmation. If your purchase is not accepted by the business then either you will not be charged or a full refund provided if a charge has been made.
8.3 Catchus does not warrant that a Voucher will be validly accepted until confirmed by the business and a confirmation email provided.
8.4 A Voucher is subject to individual terms and conditions but, unless otherwise stated, is:

8.4.1 A one time valid offer;
8.4.2 Is only redeemable directly with the business to whom the Voucher applies;
8.4.3 Is only valid for one person; Explain?
8.4.4 Is subject to you appropriately redeeming the Voucher with the business; and
8.4.5 Is not valid for redemption outside of the time specified.

8.5 Redemption of a Voucher may be subject to terms and conditions imposed by a business from time to time. Users should confirm the terms and conditions applicable to any Voucher directly with the business. No refunds by Catchus will be provided in the event that the businesses terms and conditions are not acceptable to the User.
8.6 All Vouchers are non-refundable.
8.7 A business may choose to amend, alter or replace the goods or services offered for a product or service of equivalent value at its sole discretion.
8.8 Vouchers may not be used for any reason other than personal use.
8.9 If a User loses or misplaces a Voucher Catchus or the supplying business is not liable to provide the relevant product or service.
8.10 If the business or Catchus identify that a User has obtained a Voucher by the submission of any false or incorrect information then that Voucher is rendered void.
8.11 Unless otherwise stated, no Voucher may be cancelled and the User provided with a refund.
8.12 Any merchant may, at its discretion, reserve the right to seek proof of purchase for any Voucher obtained via Catchus.

9. GENERAL
9.1 Catchus reserves the right to revise and amend these Terms and Conditions in its sole discretion. Any continued use of the Site after any amendment will indicate your acceptance of that amendment. You must cease using the Site and the Services if you do not agree to any amendment.
9.2 Any notice given under these Terms and Conditions must be in writing and must be signed by the party giving the notice. Unless otherwise indicated, a notice takes effect from the time it is received.
9.3 By using the Site and the Services a relationship of partner, agent, employee or representative has not arisen and neither party has the power to incur an obligation on behalf of another party.
9.4 There are no other representations, promises, warranties, covenants or undertakings given in relation to the use of the Site or the Services other than those contained in these Terms and Conditions.
9.5 A provision of or a right created under these Terms and Conditions may not be waived except in writing signed by the party or parties to be bound by the waiver.
9.6 If any provision of these Terms and Conditions is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms and Conditions to the extent that the invalid or unenforceable provision will be treated as severed from these Terms and Conditions.
9.7 The rights and obligations created by these Terms and Conditions may not be assigned or novated to any other party by you. You agree that Catchus may assign or novate its rights and obligations under these Terms and Conditions without any notice to you.
9.8 The parties agree and acknowledge that just because a party was responsible for the drafting of these Terms and Conditions that the provisions herein should not be read down to that party’s disadvantage.
9.9 These Terms and Conditions will be construed in accordance with and will be governed by the laws in force in the State of New South Wales, Australia. Any party submits to the non-exclusive jurisdiction of the State of New South Wales, Australia.