- What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Sellers“) can list offers for Vouchers, deals, goods, travel, services and other products (collectively, “Items“). As a platform provider, we help facilitate transactions for Items on our platform. We provide a venue for Sellers and you to negotiate and complete transactions. We may also be a Seller. This means that in addition to this Agreement, you may have other contractual relationships with different legal entities when you interact with the Site.
- What are all of the legal relationships? Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. This means that your contract of sale may be with another BulkBargain Group company or entity. The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Items when you redeem your Voucher with that business (the “Merchant“). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant.
- Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
- Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
- Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter.
- Access to the web site
- Your access and use of the web site is conditional on you not breaching these Terms and Conditions of Use. You are responsible for maintaining the confidentiality of your user name and password and to ensure that there is no improper use of information made available on the web site. We may immediately terminate your access to the web site, without notice, if you breach these Terms and Conditions of Use.
- To use the Service and make any Purchase of a Voucher, you must be 18 years of age or over.
- The Website and the Service and any Purchase are directed solely at those who access the Website from Australia. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Australia. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws
- The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
- REGISTERING WITH US AND YOUR ACCOUNT
- Why Register? Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to signup up process or print your Voucher, view your past purchases, and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something and we can send you deals when available.
- To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.
- Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
- Emails & Text Messages: BulkBargain may send you administrative and promotional emails and text messages. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
- STANDARDS AND BULK BARGAIN’S LIMITATION OF ITS LIABILITY
- The standards we operate under: BulkBargain always tries its best at what it does and promises that:
- we will exercise reasonable care and skill in performing any obligation under this Agreement;
- and we will not contravene the requirements of professional diligence in what we do.
- Section 4 is important!: This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
- What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by BulkBargain itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.
- Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:
- loss of income or revenue;
- loss of actual or anticipated profits;
- loss of business; or
- indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
- The standards we operate under: BulkBargain always tries its best at what it does and promises that:
- YOUR OBLIGATIONS
- Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
- Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.
- Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
- to upload, send or receive any material, including User Content, which is not civil or tasteful;
- to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
- to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
- 3.5. to cause annoyance, inconvenience or needless anxiety;
- 3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- 3.7. for a purpose other than which we have designed them or intended them to be used;
- 3.8. for any fraudulent purpose; or
- 3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
- 4. Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- 4.1. resell the Services or Site;
- 4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- 4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
- 4.4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
- 4.5. execute any form of network monitoring which will intercept data not intended for you;
- 4.6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- 4.7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- 4.8. send malicious email, including flooding a user or site with very large or numerous emails;
- 4.9. enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- 4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
- 4.11. use in an unauthorized manner, or forge, mail header information;
- 4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
- 4.13. copy or use any User Content for any commercial purposes.
- 5. Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
- RULES ABOUT USE OF THE SERVICES AND THE SITE
- 1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Voucher at $1.99 instead of $199!) if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Services or information on the Site or forming part of the Services from time to time.
- 2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.
- 3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
- 5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.
- SUSPENSION AND TERMINATION
- 1. If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).
- 2. If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
- 3. Bulk Bargain shall fully co-operate with any law enforcement authorities or court order requesting or directing Bulk Bargain to disclose the identity or locate anyone in breach of this Agreement.
- 4. Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
- 4.1. you commit any breach of this Agreement;
- 4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
- 4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- 5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.
- 6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- DATA PROTECTION
- 1. Please see our Privacy Statement which forms part of this Agreement.
- 1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognize a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Statement.
- LINKS TO AND FROM OTHER SITES
- 1. Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites“), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.
- INTELLECTUAL PROPERTY RIGHTS
- 1. Bulk Bargain grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Bulk Bargain. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
- 2. None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Bulk Bargain Group or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
- 3. “Bulk Bargain”, the Bulk Bargain logos and variations thereof found on the Site are trademarks owned by the Bulk Bargain Group and all use of these marks inures to the benefit of the Bulk Bargain Group. Other marks on the site not owned by the Bulk Bargain Group may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Bulk Bargain Group unless otherwise stated, or may be the property of their respective owners. You may not use the Bulk Bargain Group’s names, logos, trademarks or brands without the Bulk Bargain Group’s express permission.
- 4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
- 5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.
- 6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
- Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:
– adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this web site; or
– put to commercial use any information, products or services obtained from any part of this web site,
– other than for the purposes of acting for Bulk Bargain or without our prior written consent.
Bulk Bargain is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the web site or a linked web site. You must take your own precautions to ensure that whatever you select for your use from the web site is free of errors, viruses or anything else (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operations of your computer systems.
You agree to fully indemnify and hold Bulk Bargain harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use including the improper use of the web site by you or anyone who gains authorised or unauthorised access from you.
- Governing Law
Information is sourced from third parties. In compiling this website; Bulk Bargain has relied on the information provided to us by third parties. We do not guarantee the correctness or completeness of the information provided on this website. From time to time, the website will contain links to a third party’s website. Bulk Bargain takes no responsibility for the information provided on a third party’s website regardless of whether or not the website was accessed through a link from the Bulk Bargain website. The provision of a link on does not constitute an endorsement or approval of that website or any products or services on that website.
Bulk Bargain does not charge you for our services. The commission Bulk Bargain may receive will vary depending on the type of product or service and the value of that product or service provided. If you have any questions please email email@example.com
If you have any complaints about the service provided by Bulk Bargain, you should email us at firstname.lastname@example.org. If we are unable to resolve your problem, you may contact our external dispute resolution scheme.
- Privacy Consent
Bulk Bargain is collecting personal information about you. The notice below is to inform you of your rights under the Privacy Act.
– The information you provide will be held by Bulk Bargain.
– You can gain access to the information we hold about you by contacting us at Ground Floor Pivotal Point Building 50 Marine Parade Southport QLD 4215 and/or by emailing email@example.com.
– We may use the personal information you provide for the purposes of performing our services and for direct marketing of products and other services offered by Bulk Bargain or an organisation we are affiliated with or represent. If you do not wish to receive direct marketing material from Bulk Bargain you must contact us on the above numbers to request not to receive this information.
– We may need to disclose personal information to any industry body, tribunal, court or otherwise in connection with any complaint or enquiry to which Bulk Bargain may need to respond.
– If you do not provide your personal information you will not be accepted as a member of Bulk Bargain
– To enable us to maintain a successful business and to continue to source switching and group discount opportunities, we may disclose your personal information to other organisations that provide products or services used or marketed by us.
– We may also receive personal information about you from those organisations when we have referred you to that organisation.
– The types of organisations with which we are likely to exchange information about you may include (but will not be limited to) intermediaries, lenders, valuers, brokers, lenders mortgage insurers, surveyors, accountants, credit reporting agencies, credit representatives and lawyers.
– We may disclose your personal information to a range of third parties. Bulk Bargain discloses some personal information to persons or organisations that are outside Australia. Bulk Bargain’s customer service and marketing call centre operations are based in Manila, Philippines. Personal information about prospective, current and past customers is accessed by our Manila based staff for the purpose of sales and marketing, customer service, correspondence, provisioning, fault management and technical support activities.
– Database and webhosting services provided to Bulk Bargain involve personal information being transferred to IT service providers based in Australia, Singapore, USA, India and the Philippines.