COMMUNITY MARKET MEMBER PROGRAM
Terms and Conditions
Updated as at 1 June 2016
Community.Market is operated by:
The Community Market Trading Company Pty Ltd ACN 81 158 232 154
Address c/o Level 15, 37 York Street Sydney, NSW 2000
as the Service Provider,
For and on behalf of the Member or community Group joining the Member Program referred to as the Group;
1.1. Community Market operates as a Community Sponsorship Membership Program comprising a magazine, a marketplace as well as community Op Shops which are hosted on the Community Market Trading Company platform as operated by the Service Provider to raise funds for community Groups through the participation of their supporters.
1.2. Community Market raises Community Sponsorship funds by promoting the donation of goods to be sold through Community Market Op Shops, as well as by promoting other forms of Community Sponsorship by individuals, local independent businesses and major corporate sponsors.
1.3. Community Market creates co-sponsor relationships between businesses and Community Market Members, or buyers and sellers. All revenue raised through Community Market is treated as Community Sponsorship.
1.4. Community Market supports fundraising activities for any community purpose, being a common objective held by the members of that Group. The group objective does not have to specifically be charitable. To participate and gain Community Sponsorship income, a group does not have to be a registered charity, or deductible gift recipient (DGR).
1.5. A Community Market Member may name ANY community group, club, school, charity or cause as the nominated recipient and beneficiary of their participation or donation. Where the named group is not currently present on Community Market, the Service Provider will endeavour to list the nominated group in order to facilitate the Community Sponsorship funds transfer. In the event that the nominated group chooses not to participate, any funds raised by that member will be reflected as Community Pins (points) in the Members account. Pins may be transferred and attributed as PinMoney to any listed Group/s on Community Market, or applied the general Community Sponsorship funds;
1.6. Due to the outcome of participation being the transfer of money to nominated Groups, Members may not participate anonymously. A username or alias may be created as your site identity, however a full legal first name, last name and contact details must be provided.
1.7. It is your responsibility as a Member to ensure, prior to joining a Group or participating in any fundraising activity on behalf of any Group, that you are satisfied that you understand and fully accept the purpose or objective of the Group.
1.8. Some charities and not for profit organisations have similar names. It is your responsibility to ensure that the recipient organisation you have selected from the site is your intended recipient organisation;
2. GROUP NAMES AND THIRD PARTY FUNDRAISING ACTIVITIES
2.1. A Group may not appropriate a name similar to that of another organisation, or do anything that might be considered passing off, where the name of an organisation or cause is used that is not the ultimate beneficiary of the Groups activities.
2.2. In the case where a Group aims to raise funds on behalf of another entity, you must either post written authorisation from that entity or organisation, or submit the bank account details to enable deposits directly to the named organisation.
2.3. The Service Provider will make every effort to verify each Groups details with any nominated third party recipient organisation in order to confirm acknowledgement of the Group. Any Pins or PinMoney raised using the name of a third party, will not be transferred to a Group bank account until the nominated party acknowledges that Group. In the event that a nominated third party rejects a Group, the Service Provider may at its sole discretion, transfer any funds raised directly to the nominated third party or another authorised participating Group with a similar objective, or return any collected monies to general Community Sponsorship funds.
3. USE OF FUNDS BY GROUPS OR RECIPIENT ORGANISATIONS
3.1. Community Market and the Service Provider make no representations or warranties in relation to the appropriate use by recipient organisations of funds raised by use of Community Market or the services provided; Groups and Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the organisation has expressly stated that funds raised will be applied to a particular project or appeal.
4. COMMUNITY SPONSORSHIP PARTICIPATION, REVENUE AND OUTLAY
4.1. The Community Sponsorship Program requires no cost outlay from either Members or Community Groups.
4.2. The Community Sponsorship Program has two purposes:
4.2.1. To promote Community Sponsorship and reward participation
4.2.2. To provide sponsorship income to Community Groups
4.3. Businesses become Community Sponsors by purchasing Community Pins and then awarding those Pins to Community Members as a reward for engaging with their company and purchasing their products.
4.4. Community Sponsors may promote and sell goods in the Community Market marketplace, or in physical stores or places of business, by attributing a Community Pins value against all sales and paying all related Community Market fees.
4.5. Businesses may submit goods for sale through Community Markets Op Shop or through selecting a specific Community Group Op Shop, providing one hundred percent (100%) of the sale revenue is applied to the purchase of Community Pins.
4.6. Community Sponsors are encouraged to promote their Community Sponsor status and award Community Pins as reward for engagement or purchases in any advertising platform, social network, website or marketplace, store or place of business providing that all Community Pins offers are presented at the same rate or better on Community Market.
4.7. Businesses are directly responsible for their own marketing costs incurred whether through Community Market, the Service Provider, any designated distribution partner or any third party agency that may be engaged by the business, for the promotion of their business as a Community Sponsor or associated with the administration and transfer of Community Pins.
4.8. Community Members support and earn Pins for their community by engaging with Community Sponsors and purchasing goods via Community Market marketplace or Community Market Ops Shops, or through any advertising platform, social network, website or marketplace, physical store or place of business where Community Pins may be offered.
4.9. Among other forms of promotion, Community Sponsorship revenue is applied to ensure one hundred percent (100%) of all activity by Members on Community Market, every look, like, share, comment or transaction earns Community Pins, which may at any time, be transferred to any participating Community Group, as PinMoney.
4.10. Community Members become Community Sponsors by donating goods for sale via Community Market Op Shops and attributing the proceeds of such sales to their chosen Community Group.
4.11. Eighty percent (80%) of the sale value of donated goods are returned to the Community Group nominated by the Member.
4.12. EightPercent (8%) of the sale value of donated goods may be outlaid by the Community Sponsorship Program in order to support the Community Market Op Shop Buyers Guarantee as well as to promote the sale of donated goods and to cover any Community Market service fees as specified below.
4.13. The Community Sponsorship Program is responsible for the funding of all Pins attributed by Community Members to Community Group accounts, where Pins are accounted as PinMoney and made available for transfer to the bank account provided for each Community Group, in accordance with these terms and conditions.
4.14. Eighty Percent (80%) of the revenue from the sales of all Community Pins will be retained by the Community Sponsorship Program to fund the redemption of the Community Pins by Community Groups as sponsorship funding as well as to promote Community Sponsorship, in accordance with these terms and conditions.
4.15. Twenty Percent (20%) of the revenue from the sale of Community Pins may be paid to Community Market, the Service Provider and/or any designated distribution partners in return for promoting Community Sponsorship, engaging new businesses as Community Sponsors and administering the sale of Community Pins.
4.16. The Community Sponsorship Program is also responsible to cover applicable costs as detailed herein or as may be agreed and amended from time to time, to Community Market and the Service Provider including for the following services:
Community Op Shop revenue schedule
Out of the sales income from the Op Shop, eighty percent (80%) goes directly to the Community Op Shop that sells the item. That is the cause nominated by the person who contributed the item.
Eight percent (8%) goes to the Community Sponsorship Fund* to support one of the following;
*Community Group Op Shop Bonus
*Affiliate Sales Commission
*Community Network Partners
*Marketing & Development Budget
*The Community Sponsorship Fund is designed to ensure appropriate funding is provided to maximise the promotion and full potential of the marketplace in line with current ecommerce marketing practices. Community Sponsorship covers all payment processing costs as well as paying commission and bonuses to participating Community Groups as well as Community Network and Affiliate Partners that contribute to expand the promotion of sales across their individual community members.
Ten percent (10%) goes to the company running the program.
Transactionn fees; -Merchant Bank Fees: 1.75% + 30 cents
From business Community Sponsorship, around eighty percent goes to the Community Sponsorship fund, with the balance going toward promoting our sponsors, hosting and administering the program, verifying sales transactions, credit card transaction fees and growing the Community Sponsorship program.
5. COMMUNITY MARKET SERVICES
5.1. Community Market Services include marketing, advertising and sponsorship services to businesses and individuals.
5.2. Community Market services include the tracking, management and processing of all sponsored transactions and activities including the administration and payment of community revenues.
5.3. Community Market and the Service Provider are responsible for all costs related to the secure hosting, provision and ongoing development of Community Market and associated platforms and applications.
Community Market Shop Local Business Program
Includes: 10,000 Pins $199.00 billed quarterly
Community Market Service Fee on all sales 4.9% gross sales
Payment Gateway Processing Charges 1.75% + 30c per gateway sales
Community Market Hosting contribution per group $99.00 deducted quarterly
GST applies to all fees where applicable
6. COMMUNITY MARKET OP SHOPS
6.1. Any community group may establish an Op Shop on Community Market, subject to these terms and conditions.
6.2. A Community Group with an Op Shop will be listed as a Vendor in the Community Market and will be provided with a Vendor Dashboard page to track all revenues and transactions.
6.3. Any Community Group with an Op Shop listed on Community Market, may apply to have their Op Shop added to their Facebook page. Such applications are assessed on balance, considering any required operational administration against potential sales exposure received through the Groups Facebook presence. Any Community Group may invite donated item listings by presenting the Recyconate button as a direct link on their Facebook, website and other digital platforms.
6.4. Where a Community Member nominates a participating Community Market Group, any donated goods will be presented in that Community Groups Op Shop as well as among Community Markets consolidated op shop item listings. The revenue from the completed sale will be allocated to the nominated Group in accordance with Item 4.1 to 4.16
6.5. Where a nominated community group is either not participating, cannot be contacted, or elects not to accept the proceeds of donated goods via Community Market, the item will be presented for sale among Community Markets consolidated op shop listings. The revenue from the completed sale will then be allocated back to the Community Member as Community Pins at a value as specified in paragraph 5, so that the Member may themselves transfer their donation as Pins to any participating Community Group.
6.6. The sale value of Community Market Op Shop Goods is initially determined by the seller as the donor of the goods. Prospective buyers may offer the seller an alternate price via the mechanism on the platform, which the seller may accept or reject on behalf of the recipient Group. The recipient Group administrator or moderator, or the Service Provider may also elect to accept offers from buyers to complete the sale at any time.
6.7. Community Market provides a secure payment gateway which must be used for all transactions. No payment of money or other exchange is to be made between buyer and seller. All goods purchased must be paid in full before collection or shipping.
7. COMMUNITY MARKET OP SHOP BUYERS GUARANTEE
7.1. Community Market reminds buyers that goods for sale on Community Market Op Shops are provided for donation and some element of the price may be considered as contributing to the goodwill of that donation. The transaction standard for both seller and buyer is hassle-free, community goodwill, mutual satisfaction.
7.2. Sellers are asked to provide a full, fair and accurate description and photo representation to reveal the exact condition of any goods offered for sale. Given that the seller receives no personal benefit from a Community Market Op Shop transaction, seller credentials are automatically considered five star.
7.3. Buyers are asked to honour the hassle-free, community goodwill transaction standard. Buyer actions in terms of promptly showing up to collect items and overall approach to transactions may be rated by sellers and or Moderators.
7.4. A Community Market Op Shop sale transaction is complete when payment is made via the secure online payment gateway presented on the platform. Payment must be completed prior to collection or shipping of the goods. The Seller will be notified via email as well as through their Community Market account profile, immediately a sale transaction is completed. Price or terms may not be re-negotiated with a seller at any time after payment.
7.5. Community Market guarantees buyer satisfaction under the following terms. In the event that the buyer is dissatisfied with a purchase, they may complete the following options within 14 days of the payment date:
7.5.1. Refuse to take possession, only after physical inspection of the goods. In this event the buyer should photograph any features of the product/s that render them unsatisfactory and complete a full refund request on the Platform, by uploading the images and outlining the issues.
7.5.2. Take possession, but lodge a request for a partial refund on the Platform, by uploading any images and outlining the issues.
7.6. Where a buyer inspects the items, but refuses to take possession, a full refund will be provided subject to a full refund request being completed via the platform within 14 days of the sale transaction date.
7.7. Before taking possession of the goods, a buyer must be aware that any partial refund request cannot be for an amount greater than 33% of the purchase price and the request is subject to acceptance and potential reasonable negotiation by the Moderator in the spirit of the transaction donation. Where the buyer takes possession of the goods a partial refund request must be completed via the Platform within 14 days of the sale transaction date.
7.8. Where a buyer fails to collect a purchased item within 14 days of the transaction for any reason, the items will be re-listed for sale, in which case the original buyer will be notified when the goods are sold. Upon notification of the re-sale being completed, the original buyer may within 14 days of re-sale notification, elect to apply for a refund via the platform for an amount up to the final sale price of the goods.
7.9. Where a buyer requests that goods be shipped to the buyer, the buyer will be required to pay the cost of a receipted delivery or signature delivery service such as Australia Post eParcel or similar carrier, plus reasonable packaging costs if applicable. If a buyer elects not to use such a service, or presents instructions for goods to be left without signature receipt upon delivery, then the buyer satisfaction guarantee shall not apply.
7.10. If a buyer is dissatisfied with any goods received via delivery, they may complete the following options within 14 days of the payment date:
7.10.1. Lodge a request for a partial refund on the Platform, of up to 33% of the purchase price, by uploading any images and outlining the issues.
7.10.2. Re-list the items for sale on Community Market Classifieds, ensuring to detail any shortcoming that caused their concern. Upon completion of the re-sale transaction, the buyer may within 14 days, apply via the Platform for a full refund of any shortfall between the original purchase value and the re-sale transaction value.
8. YOUR ACCOUNT
8.1. To access and use the Program, you first need to register with Community Market and set up an account by providing your first name, last name, email address and a password (your Account). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. Community Market Members may not be anonymous. Legal names must be used, though username aliases will be the form of identification for Members within Community Market.
8.3. If you believe your Account has been compromised or misused, contact us immediately at email@example.com
9.1. The Service Provider collects a Members’ personal information in accordance with these Terms in order to conduct the Program. Demographic and purchase information may also be accumulated by your Group or Service Provider in respect of a Members Program to attract and leverage sponsorship on behalf of the Community.
9.2. The Service Provider undertakes not to sell or otherwise provide a Members’ personal information to any other person, organization or corporation other than as specified in these Terms or the terms and conditions of a specific Offer, (for example for the collection of donated goods sold or the provision of utilities or services) unless expressly directed by the Member via the Platform or in writing.
9.3. In order to maximise sponsorship opportunities the Service Provider may release demographic and purchase insights relating to Member participation, referenced only by an internal account numbers. Such insights are only available to Participating Community Sponsors. Any communication between Community Sponsors and Members is only by invitation of the Member and only via the Community Market Platform.
9.4. Members can update their Member Account details via the Community Market Platform application or website. Community Market Account login credentials may be used by the Member to access other Service Provider promotional platforms in order to gain benefits or enter promotions or competitions. In that event, Account details will be held in common and updating one account automatically updates the other. Where any update or change cannot be made by the Member on the platform, a request to access, update or correct any information held about a Member should be directed to the email address: firstname.lastname@example.org
9.7. To the extent that your Group may collect or have access to personal information of Members through the Platform, your Group shall be bound at all times to uphold these Privacy conditions in common with the Service Provider.
10. USE OF COMMUNITY MARKET
10.2. By registering and as a condition of participation, the Member accepts these terms and conditions and any rules, policies or procedures that may be adopted by your Group, Community Sponsor and the Service Provider from time to time and any changes to these terms and conditions. The Service Provider may alter these terms and conditions at any time by posting a new version on Community Market or any related Community Market Platform of affiliated publisher website/s.
10.5. Registration to become a Member of the Community Market Program is available to any natural person who, is resident in Australia or New Zealand (in the case of a New Zealand Program), aged 18 years and over.
10.6. Community Market, any Group or the Service Provider, in their absolute discretion, reserve the right to refuse any natural person the right to participate in this Program or become a Member.
10.7. Each individual is only permitted to register once and hold only one Member account. Unless otherwise directed, individuals must complete the Program Registration Form in order to register and take part in the Program.
10.8. The Service Providers decision on all matters pertaining to the Program, is final and binding. No correspondence will be entered into.
10.9. The Community Market Platform may access some merchant listings using Facebook, Google Maps API(s) or Sensis API (SAPI) or other services. Only as required for the extent of the use of these functions, Community Market users are bound by Facebook, Googles and Sensis and any other third party services Terms of Service and Privacy requirements as identified on the Platform.
10.10. You agree that you will not comment, post any content or participate in any activity that may be considered to be harmful or not in the interests of your Group or the community. This includes, but is not limited to the following:
(1) post any false or misleading content;
(2) implement or cause spam, pyramid schemes or chain letters;
(3) post any threatening, abusive, defamatory, obscene or indecent material;
(4) infringe any third party right, including copyright or intellectual property rights, (e.g. offering counterfeit items for sale).
(5) distribute viruses, malware or any other technologies that may harm Community Market, the Program or the interests or property of Community Market users;
(6) harvest or otherwise collect information about others, including email addresses, without their consent;
(7) bypass measures used to prevent or restrict access to the Program.
(8) impose an unreasonable load on our infrastructure or interfere with the proper working of the Program;
(9) copy, modify, or distribute any other persons content without their consent; use any robot spider, scraper or other automated means to access the Program and collect content for any purpose without our express written permission;
10.11. You agree to work with Community Market, your Group and the Service Provider to ensure the Program operates effectively and keeps all Community Members safe;
11. COMMUNITY PINS, PURCHASES & TRANSACTIONS
11.1. Qualifying Purchase transactions may be either completed online via a link from the Community Market Platform, or completed in-store and logged via the process prescribed on the Community Market Platform.
11.2. Community Pins are awarded to the Community Member by the Community Sponsor or by the Community Sponsorship Program. Community Pins may be awarded as a fixed amount or at a Pins per dollar rate, for each purchase, interaction or transaction. A Community Sponsor may also present Pins as part of a sweepstake or via any other mechanism as presented from time to time and described by the Sponsor in the offer. Bonus offers as set Pin amounts or multiplier values may also be applied as promotions with specific conditions or time limits.
11.3. Each Members accumulated Community Pins and transaction history are reported on their Member Profile page and may be transferred to any participating Community Group, by using the Pins Transfer function on the selected Groups home page.
11.4. Each Members accumulated Pin value will only be fully cleared when the Community Sponsor, or Service Provider on their behalf, confirms their purchase validation requirements have been met. Purchase transactions or claims may therefore be reversed in the event the Community Sponsor fails to authorise or accept the transaction. This may occur for example where a purchase does not fully meet the terms of the offer, or where goods are returned without the purchase being retracted.
11.5. Some online merchants or Community Sponsors may set a withholding period of up to 90 days before authorising payment, in order to account for product returns or for any reason;
11.6. If there is a delay in the Community Sponsor authorising a transaction, the Service Provider may in good faith define a transaction as successful, or credit the Community Pin value for that transaction, however if a transaction is later not accepted or is otherwise reversed by the Community Sponsor for any reason, the Service Provider reserves the right, in its absolute discretion, to deduct the Community Pin value from the Members accumulated Pins account.
11.7. Members purchase transactions will be processed and validated in accordance with these Terms and the Terms and Conditions of any Offer that may be made as part of the Program.
12. CLAIMING SPONSORSHIP FUNDS AND REDEMPTION OF REWARDS
12.1. Pins, prizes and rewards may from time to time, be presented by Community Market, your Group or Service Provider or any Community Sponsor or business or other third parties. The presentation of an Offer on the Community Market Platform does not necessarily represent or imply any endorsement of, or participation in, that Offer by your Group or the Service Provider or any Community Sponsor, individual supplier, retailer or wholesaler or other party.
12.2. For a transaction to qualify for Pins, prize or other reward, the Qualifying Purchase transaction must be made at a Participating Community Sponsor as specified and be within the Offer Period and the Members claim must be received by the Platform before midnight on the thirtieth (30th) day following the purchase transaction date.
12.3. A Member may not enter to win prizes or claim rewards via the Platform where that Member has a direct relationship with the Community Sponsor, brand or merchant that is offering or the subject of the prize or reward. A direct relationship means being an employee, director, management officer or contractor or immediate family. Immediate family means spouse, parent, guardian, natural or adopted child, and sibling, whether or not they live in the same household as the director, manager, employee, officer or contractor.
12.4. Unless otherwise communicated as being available for a defined Offer Period, a Program Offer is dynamic and is only guaranteed to be available at the time and for the values and limits as presented in real time on the Platform. A Member may accept an offer by submitting a claim for a Qualifying Purchase at the time of viewing the offer; or where such service is available, reserve an Offer by selecting the Offer and saving it to a List or Wallet on the Platform. The saved Program Offer will remain available to be claimed for a period of thirty (30) days from the date saved.
12.5. Where a transaction takes place offline, being at a physical store or place of business, the Sponsor or Service Provider reserves the right to request further information or clarification in the form of other proof of purchase including or in addition to the original retailer receipt, in order to accept and validate an in-store purchase claim. Such other proof may include but not be limited to a product barcode, or sample or extract of original packaging or any other material or information as deemed solely by your Group or Service Provider to be reasonably required to support a Members claim. Such additional material or proof of purchase will be provided by the Member as directed at the Members expense or the Member may elect to otherwise withdraw the claim.
12.6. All online transactions, in-store purchase claims and communications in relation to a Qualifying Purchase must be made by the process as defined within the function or operations of the Platform, website or mobile application or as otherwise stipulated in writing in advance of the offer as communicated by your Group or Service Provider.
12.7. Acceptance of any Qualifying Purchase claim is at the discretion of your Group or Service Provider or the Community Sponsor. Any claim may be rejected for any or no reason. For example, separate multiple transactions submitted by a Member from the same Community Sponsor on the same day may be rejected by some Community Sponsors.
12.8. Proof of a Qualifying Purchase must be submitted in the manner described via the Platform and represent a unique verifiable tax receipt that can be used to validate the name of the retailer, as well as the location and date of the purchase, together with full details of all items purchased. A Community Group or Service Provider reserves the right to reject claims where the proof of purchase cannot be verified to include a Qualifying Purchase from a Participating Community Sponsor.
12.9. Community Pins and PinMoney is a promotional currency or right of redemption, offered as a reward on Community Market from time to time. A Member may earn Pins or PinMoney through a Program Offer by claiming a Qualifying Purchase or completing any action as may be defined from time to time, in accordance with these terms and conditions.
12.10. A Community Group or Service Provider and each Community Sponsor do not accept any liability for any conditions, fees, charges or other costs which may from time to time be levied on the Member by the Members bank or other third party in respect of any Program or Platform transaction. In the event any fees or associated costs such as transfer fees are incurred by the Service Provider from a Member or Groups Bank or other third party, they will be passed on to the Member or Group and deducted from the Groups PinMoney account.
12.11. A Group must notify the Service Provider in writing if the Group wishes to cancel registration with the Program. In which case any Pins, PinMoney or FuelCents redemption rights and any rights to any accumulated rewards or dollar value remaining at that time may be forfeit to consolidated Community Sponsorship funds.
13. FRAUDULENT AND DECEPTIVE TRANSACTIONS
13.1. As referenced herein where in its sole discretion, your Group or Service Provider considers that a Member may have engaged in fraudulent and deceptive activity, for the purpose of claiming sponsorship funds or a Program Offer, or other Platform benefit, then that Members Program Account may be either suspended or terminated wherein all sponsorship funds or rewards or dollar value accumulated by that Member are immediately forfeited without notice.
13.2. Where a Member returns any purchased goods to a Community Sponsor whether for refund or exchange, if sponsorship funds or a reward value has either been provided or is in the process of being verified or provided by Community Market, that Member must immediately notify Community Market via the Platform or otherwise by email to email@example.com, including all details required to identify the Community Sponsor and specific details and date of the transaction. Failure to provide notification of returned or exchanged goods may result in either suspension or immediate termination of the Members Program Account and forfeit of all sponsorship funds value, rewards or accumulated dollar value.
13.3. Fraudulent and deceptive activity for in-store purchases includes but is not limited to instances when a Member logs multiple transactions or multiple claims using a single transaction receipt, uses a receipt already submitted by another Member, creates or modifies a store receipt or otherwise misrepresents purchase information for the purpose of claiming a sponsorship funds or a Program Offer,
13.4. Fraudulent and deceptive activity for online purchases includes generating false, clicks, views, comments or content, or purchases, bookings or other transactional activity on Community Market or at a Community Sponsor or Community Group, via the Member Program or Platform, that does not represent a genuine action or engagement or otherwise result in a completed purchase transaction (for example where a member purchases and then cancels a transaction in order to attain a reward). Fraudulent and deceptive activity will be defined exclusively by either Community Market, a Group or Service Provider or the relevant Community Sponsor at their absolute discretion.
13.5. Community Market or a Group or Service Provider reserves the right to take legal action and/or other legal remedies to recover any rewards or payments that have been paid to members resulting from failure to disclose returns or any fraudulent or deceptive activity in which case the Member will also be responsible for all costs incurred in the recovery of any such amounts.
14. RIGHTS AND EXCLUSION OF LIABILITY
14.1. The Community Sponsor and or a Group or Service Provider may, in its absolute discretion, at any time:
14.2. change, amend or vary these or any Offer terms and conditions;
14.3. change, amend, vary, withdraw or cancel any Offer, reward or the value of any reward;
14.4. withdraw, cancel, vary or change at any time, the value of Pins or PinMoney;
14.5. exclude a Member from the Program, suspend a Member’s membership or cancel a Members Program Account without explanation and without prior notice to a Member;
14.6. cancel the Program;
14.7. All retail purchase transactions are with the individual Community Sponsor or merchant and not with Community Market. Community Market accepts no responsibility or obligation for any retail sale transactions, supply of goods or services or performance or fitness for purpose of any goods or services supplied by a Community Sponsor.
14.8. Any purchases of second hand goods, via Community Op Shops or otherwise, are made at the discretion and due care of the buyer. All electrical items must be presented and shown as working at time of collection, and/or otherwise tested by a qualified technician prior to use. Any liability of Community Market, Community Op Shop operator, or the Service Provider is limited to that specified in the Op Shop Buyers Guarantee, paragraph 7.
14.9. Without in any way limiting the rights of a Group or Service Provider or a Community Sponsor, if a Member is, at any time, in breach of these terms and conditions, the Service Provider may cancel the Member’s membership with the Program without notice and any Member whose membership is cancelled may no longer access the Platform and all of their sponsorship funds and accumulated rewards dollar value will be forfeited to the consolidated Community Sponsorship fund.
14.10. Except for any liability that cannot be excluded by law, any Group or Service Provider and each Community Sponsor (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Program, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Community Sponsor’s control); (b) any theft, unauthorised access or third party interference; (c) any Program Registration Form, or correspondence that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Community Sponsor) due to any reason beyond the reasonable control of your Group or Service Provider and each Community Sponsor; (d) any tax liability incurred by a Member; (e) any Reward; or (f) withdrawals, cancellations, variations or change as set out in clause 4.1 or arising from the Program.
15. SECURITY & MEMBERS AGREEMENT
15.1. The Community Market Platform is secured with a Web Server Certificate. Transactions on the site are protected with up to 256-bit Secure Sockets Layer encryption. If you have any questions regarding our security policy, please contact our customer support centre on firstname.lastname@example.org
15.2. By accessing or using the Platform, websites and or mobile applications, Members agree to be bound by and accept without limitation or qualification these terms and conditions (Terms):
15.3. Members represent and warrant that they are at least 18 years of age; they possess the legal right and ability to enter into a legally binding agreement with your Group or Service Provider, and/or each Community Sponsor with respect to any purchases or claims made as part of the Program and they will only use the Program websites and applications in accordance with these Terms and Conditions.
15.4. Members agree to use the Program solely for their own community use. Further, Members agree not to interrupt or attempt to interrupt the operation of the Program in any way, or use the Program website or applications in a manner that adversely affects the availability of its resources to other Members; or make any false or fraudulent claims in respect of any offers, rewards or promotions represented by the Program including but not limited to modifying or otherwise misrepresenting purchases for the purpose of claiming Sponsorship funds, Program Offers, rewards or promotions benefits.
15.5. Members agree to maintain all equipment required for their access to and use of the Program; to maintain the security of their Members identification, password and other confidential information relating to their Members account; to be responsible for all consequences resulting from use of their Members Account, use of their Members Account by others (including minors) or unauthorised use; to notify email@example.com immediately if Members become aware of any unauthorised use of their Account;
16. COMMUNICATION AND CONTENT POLICY
16.1. Upon and as part of the process of registration for the Program, Members agree and elect to receive emails and other communications from the Platform relating to the status of their claims and rewards as well as for offers, rewards and promotions that relate to Participating Community Sponsors. Emails and notifications as presented on the platform are the formal and essential form of communication for Offers and confirmation of claims.
16.2. The Platform may contain links to other websites. Your Group or Service Provider are not responsible for and do not necessarily control the content of any website linked to or from the Platform. Any links to or from other websites are for Members convenience only and your Group or Service Provider makes no warranty or representation regarding and, unless expressly stated, does not endorse the owner/sponsor of any website or any content appearing on those websites. A Group or Service Provider disclaims all warranties, express and implied, as to the accuracy, security, virus control, validity, and legality or otherwise of any materials or information contained on such websites.
16.3. A Group or Service Provider assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. Members must provide a valid email address. A Group or Service Provider reserves the right, in its sole discretion, to cancel or suspend any communications, sponsorship funds, offers or rewards represented on the Platform should the Platform websites or applications be compromised in any way should any causes beyond the control of a Group or Service Provider corrupt the administration, security or proper function of this Site. A Group or Service Provider does not warrant the accuracy or completeness of the material or the reliability of any material, advice, opinion, statement or other information displayed or distributed through the Platform. Members acknowledge that any reliance on any such material, opinion, advice, statement, memorandum or information will be at the Members own risk.
16.4. Where provided within the Platform or its links, Members may have access to send and receive electronic mail, engage in conferences forums and chats, download and upload files and otherwise use the Platform as permitted by these Terms and Conditions, within the operating policies of your Group or Service Provider and applicable law. A Members participation in on-line communications and communities may occur in real time and might not be edited, censored, or otherwise controlled by a Group or Service Provider. A Group or Service Provider does not and cannot review all communications and materials posted or uploaded to the Platform and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. A Group or Service Provider reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) encouraging conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) harmful, offensive or otherwise in violation of these Terms and Conditions or the operating policies of Community Market and or your Group or Service Provider or any third party publishers. Your Group or Service Provider may immediately terminate the account of any Member with forfeiture of all sponsorship funds, Pins, PinMoney, and/or any accumulated rewards dollar value held by any Member considered in breach of these Terms and further disclose the identity of anyone posting such communications or materials when required by law or requested by any law enforcement authorities or by court order. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those Community Market, a Group or Service Provider, third party publishers or the Community Sponsor.
16.5. A Group or Service Provider do not represent that the contents of the Platform are appropriate or available for use in countries outside Australia
17. PLATFORM USE AND INTELLECTUAL PROPERTY
17.1. Community Market Trading Company as the Service Provider owns, or is the licensee to, all right, title, and interest in and to Community Market, the Platform and the Program and its applications, including all rights under patent application, copyright, trade secret, trademark, and any and all other proprietary rights, including all Platform or Program, renewals, extensions, and restorations thereof. Neither you nor any Group may modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Platform element or application and you will not remove, obscure, or alter Community Market Trading Companys copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Community Market application.
17.2. The Service Provider grants you and all Groups the right to use the Platform and Program only as specified within these Terms and other operational instructions or information as presented on the Platform to define the Program. Members may use Community Market only for their personal use. You must comply with all applicable laws and third party terms of agreement when using Community Market.
17.3. You agree not to reproduce, copy, sell, resell, or exploit for any purposes any content or aspect of the Program (other than your own content). When you give us or post content on Community Market, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites.
18. OTHER LEGAL CONDITIONS
18.1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
18.2. If any provision of these Terms and Conditions or portion thereof, is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
18.3. These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a Member.
18.4. Any failure by your Group or Service Provider to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions. your Group or Service Provider may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Members.
In these terms and conditions:
“Advertiser” refers to a merchant or business that is participating by Advertising on Community Market or the Platform. A business may participate as an Advertiser only and might not be presenting performance based sponsorship funds. The terms of participation by an Advertiser will normally be evident in their presented advertisement or material content.
Community Market refers to a specific application or Platform operated by a Group or Service Provider designed to promote direct relationships between Communities, Members and invited Advertisers and Community Sponsors in order to gain sponsorship funds, value, savings and rewards.
Group means the community entity as named and identified on the Platform as presented in the Community Market
Service Provider means Independent Mobile Media Australasia Pty. Limited ABN 81 156 647 719 being the entity that implements the Program on behalf of each Group and the dedicated consumer repository of redemption rights and entitlements on behalf of one or more product providers (individually referred to as Community Sponsor or merchants)
“Member” means a member of the Public who completes the Program Registration Form for the Program and is accepted by the Service Provider as a member by way of allocation of a Members Account Number, and remains so registered;
“Member’s Account” means the account set up for a Member within Community Market to record information required for the purpose of conducting the Program;
Members Account Number means a dedicated number that may be issued by the Service Provider to identify the Members Account.
Offer Terms and Conditions means any Policies or details used to describe an Offer or promotion including terms and conditions legally required to present an Offer or promotion within a State or Territory of Australia as communicated on the Platform for that Offer.
Offer Period where specified means the times and or days and dates between which specified products must be purchased to constitute a Qualifying Purchase. If an Offer Period is not specified, the Program Offer is dynamic and may be varied or withdrawn.
Offer Limits where specified means the number of Qualifying Purchases for which a Program Offer may be claimed. Offer Limits may relate to a single transaction or combination of transactions within a defined time period or on all days within the Offer Period.
Community Sponsor means a merchant, product manufacturer or supplier, business entity or other third party identified by use of the Community Sponsor logo in their store or premises or on the Platform identifying them as participating in the Program for the purpose of making a Qualifying Purchase to accumulate sponsorship funds for your Group or to claim prizes or rewards for participation.
PinMoney is a trademark name owned by the Service Provider for Program Offers in the form of redemption rights.
“PinMoney dollars” means the offer amount expressed is AUD or NZD as determined by the location of the offer and or redemption rights and entitlements.
Platform means mechanism through and on which the Program operates, whether in the nature of a website, mobile application or from time to time other technological interface, hardware or software whether embedded with or comprising other information technology or software or other applications and communications media presented by a Group or Service Provider and used from time to time to represent products, services, offers, rewards and promotions.
“Program” means the presentation of products services and offers in conjunction with online, mobile, in store and retail brand promotions or offers as presented on the Platform;
Program Offer means any offer or promotion as presented on the Platform in accordance with these terms and conditions;
“Program Registration Form” means the then current registration form required by a Group or Service Provider or Community Market or other third party publisher to be completed by the Member for the purpose of joining and participating in the Program;
Qualifying Purchase means purchase of the exact service product or products from an Accepted or Participating Community Sponsor as specified in the Program Offer within the Offer Limits and Offer Period in accordance with the Terms and Conditions