TERMS AND CONDITIONS

 

"BUY@HOME" means BUY@HOME AUSTRALIA PTY LTD ACN: 614 505 574 of 276 Jasper road McKinnon Victoria Australia 3204

 

"BUY@HOME services" means the website, mobile applications and any related BUY@HOME service or tool.

 

“You” means the user of the BUY@HOME services whether as seller or buyer. 

 

“Delivery partner” means an independent provider of delivery services.

 

“seller” means an individual or business which uses the BUY@HOME services to advertise and sell their goods.

 

“buyer” means an individual or business which uses the BUY@HOME services to purchase goods.

 

1. Introduction

Welcome to BUY@HOME. By using the BUY@HOME services, you agree to the following terms with BUY@HOME. If you have any questions, please contact us on info@buyathome.com.au.

This Agreement is effective from 1 July 2016 for all users and upon acceptance for new users.

2. Scope

Before using the BUY@HOME services, you must read, agree with and accept all of the terms and conditions this User Agreement ("Agreement") and the Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the BUY@HOME services including website and mobile applications. 

3. Using BUY@HOME

While using the BUY@HOME services, you will not:

 

1. post content or items in inappropriate categories or areas on our sites and services;

2. infringe any laws, third party rights or our policies;

3. use the BUY@HOME services if you are:

   1. not able to form legally binding contracts;

   2. under the age of 18; or

   3. suspended from using the BUY@HOME services;

4. circumvent or manipulate our fee structure, the billing process, or fees owed to BUY@HOME;

5. post false, inaccurate, misleading, defamatory or offensive content (including personal information);

6. take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to BUY@HOME);

7. transfer your BUY@HOME account (including feedback) and user ID to another party without our consent;

8. distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

9. distribute viruses or any other technologies that may harm BUY@HOME or the interests or property of BUY@HOME users;

10. export or re-export any BUY@HOME tools except in compliance with the export control laws of any relevant jurisdictions;

11. copy, modify or distribute rights or content from the BUY@HOME services or BUY@HOME's copyrights and trademarks; or

12. harvest or otherwise collect information about users, including email addresses, phone number without their consent.

 

You agree to provide true, accurate, current and complete information.

 

4. Abusing BUY@HOME

BUY@HOME and its users work together to keep our sites and services working properly and the community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the BUY@HOME services, delay or remove hosted content, and take technical and legal steps to keep users from using BUY@HOME services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue BUY@HOME services.

 

BUY@HOME reserves the right to refuse, reject, cancel, interrupt, remove or suspend the use of the BUY@HOME services at any time for any reason without liability.

5. Fees and Services

Joining BUY@HOME and advertising and selling personal/non-commercial items is free. Fees are charged for using other services, such as listing on high ranking spot or selling bulk items. When you use a paid service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the BUY@HOME site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using debt collection services. 

6. Trading on BUY@HOME and Limitation of Liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our services including dealing with underage or fraudulent persons.

 

You will not hold BUY@HOME responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that BUY@HOME is not responsible for auditing users’ content.  Instead, our sites are venues to allow businesses or individuals to offer, advertise, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and other formats.

 

We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not BUY@HOME – are responsible for enforcing any rights that you may have.

You alone, and not BUY@HOME, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the BUY@HOME services, and their operation may be interfered with by numerous factors outside of our control.

 

Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. 

 

We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the BUY@HOME services.

7. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. Breach

Without limiting other remedies available to BUY@HOME at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your advertising item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

 

1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;

2. we are unable to verify or authenticate any information you provide to us;

3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

4. if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

 

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

9. Passing of Risk

 

The order is at the seller’s risk until it is delivered to the address indicated by the buyer.

 

10. BUY@HOME Complaints Policy

Nothing within this clause affects your rights under Australian Consumer Law.

 

You are responsible for checking the accuracy and completeness of an order upon delivery in front of the delivery driver.

 

If you receive an order and it is missing items or items are not as described, you may raise the issue with the seller within 3 days via email or telephone. 

 

BUY@HOME takes no responsibility for the accuracy or completeness of any order and BUY@HOME is not responsible for any dispute between you and the seller in this regard. 

 

If a credit is issued by the seller, the buyer can use the credit for that seller only.

 

11. Closing Your Account

You may close your BUY@HOME account at any time, subject to:

1. not having any outstanding items listed on the website; and

2. resolving any outstanding matters (such as a suspension or restriction on your account); and

3. paying any outstanding fees owing on the account.

 

12. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the BUY@HOME Privacy Policy.

13. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the BUY@HOME services. You will pay to BUY@HOME on demand the amount of all losses, damages, costs and expenses that may be incurred by BUY@HOME by reason of that breach or infringement.

 

You acknowledge that this indemnity is a continuing indemnity and is irrevocable and shall remain fully enforceable, notwithstanding any one or more or all of the following circumstances:

 

1. the granting of any time, credit, forbearance, indulgence or concession at any time by BUY@HOME to you or a third party;

2. any absolute or partial release or compromise with either you or a third party;

3. any compromise, release, discharge, arrangement, abandonment, waiver or variation of any rights by BUY@HOME;

4. the fact that monies payable by the you to BUY@HOME may not be recoverable or may cease to be recoverable in whole or in part; or

5. any act or omission which might otherwise have the effect of altering, prejudicing or discharging the liability of you;

 

and each of the above circumstances shall be construed separately and independently and so as not to limit the meaning of any other circumstance and shall not be limited by the provisions of any other clause.

 

14. No Agency

BUY@HOME is not your agent for any purpose in relation to this Agreement or your use of the BUY@HOME services.

 

15. Sweepstakes

 

BUY@HOME runs sweepstakes via the BUY@HOME services from time to time in order to encourage purchases.

 

16. Governing Law and Jurisdiction

 

This document is governed by and is to be construed in accordance with the laws in force in the State in which the service is provided, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of that State.

 

17. Severance

 

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

 

18. Waiver and Exercise of Rights

 

1. A single or partial exercise or waiver of a right relating to this Agreement will not prevent any other exercise of that right or the existence of any other right.

(ii) A party will not be liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in exercise of a right.

​

19.  BUY@HOME Return Policy
The BUY@HOME RETURN GUARANTEE is part of this User Agreement. Buyers check the goods on delivery in  terms of quality and quantity in front of the delivery driver. If the delivery is not acceptable, raise the issue to the supplier via email or telephone. BUY@HOME is not responsible for any dispute.

​

If a credit is issued by the supplier, the buyer can use the credit for that supplier only.

​

When refund request is made and dispute arose between buyer and supplier, Buy@Home will investigate and determine the outcome of the dispute.  

​

20. Logistics

​

Buy@Home runs its own logistics to deliver restaurant food to customers' doors. When a delivery arrives, Buyer should check the quantity of the delivery.

​

Buyer can track the delivery status real-time on the APP and record of all your order history and being notified by the app for the status of your order. Our delivery driver will try to attempt all the means including telephone or etc. Due to the nature of the product (food), once the order has been delivered or after multiple attempts by the drivers more than 10 mins , your order status will be marked as completed and cannot be refunded. 

​

Once the restaurant finishes preparing the order, Buy@home drivers will pickup the order and deliver to you as soon as possible. No delivery time can be guaranteed.  

​

​