This page sets out the terms for the use of the Site offered by Shouted and the Services we offer.
- 1.2. What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Merchants”) can list offers for Drink Deals. As a platform provider, we help facilitate transactions for Drink Deals on our platform. We are never a buyer and usually not the Merchant; This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site.
- 1.3. What are all of the legal relationships: In respect of purchases of a Drink Deal, in addition to the contract of sale you will have with Shouted, there will also be a contract between you and the business that actually provides the Merchant Offering when you redeem your Drink Deal with that business (the “Merchant”). In respect of any Drink Deals, we do not assume responsibility for any contracts regarding the redemption of your Drink Deal with a Merchant. Finally, please understand that we are never the Merchant’s agent.
- 1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.
- 1.5. 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.
- 1.5.1 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.
- 1.6. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
- 1.7. Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in Section 13).
- 2. Registering with us and your account
- 2.1. 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 many 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 your Drink Deal, view your past purchases, store any Shouted credit for you 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.
- 2.2. How to Register: To Register you need to supply us with your name, postcode, email address, postal address and possibly some other personal information.
- 2.3. 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.
- 2.4. 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.
- 2.5. Emails: Shouted may send you administrative and promotional emails. 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.)
- 3. User Content
- 3.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.
- 3.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content.
- 3.2.1. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
- 3.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- 3.3.1. Shouted does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked.
- 3.3.2. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
- 3.3.3. Other restrictions and forbidden activities you should be aware of are listed in Section 5, below.
- 3.4. Use of User Content: Shouted has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content.
- 3.5. Shouted further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Shouted, as well as to satisfy any applicable law, regulation or authorised government request.
- 3.6. Without limiting the foregoing, Shouted has the right to remove any material from the Site in its sole and absolute discretion. Shouted assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere.
- 3.7. Shouted has no obligation to use your User Content and may not use it at all.
- 3.8. Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account.
- 3.9. Shouted makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
- 3.10. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of Shouted’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed.
- 3.10.1. Shouted is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
- 3.11. Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Shouted. Other users may post User Content that is inaccurate, misleading or deceptive.
- 3.11.1. Shouted does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content.
- 3.11.2. User Content reflects the opinions of the person submitting it and does not reflect the opinion of Shouted. Shouted does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
- 3.12. Grant: Some User Content you submit to Shouted may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location.
- 3.12.1. You grant Shouted and the Shouted Pty Ltd a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, Shouted shall have no obligation to use your personal information in connection with any User Content.
- 3.13. License: As between you and Shouted, you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Shouted and the Shouted Pty Ltd a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you.
- 3.13.1. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory.
- 3.13.2. Shouted and the Shouted Pty Ltd’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
- 3.14. Copyright Policy and Procedure: Shouted reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another.
- 3.14.1. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to Shouted’s attention, you must provide Shouted's Copyright Agent with the following information:
- 184.108.40.206. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- 220.127.116.11. an identification of the copyrighted work and the location on the Site of the allegedly infringing work;
- 18.104.22.168. a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- 22.214.171.124. your name and contact information, including telephone number and e-mail address; and
- 126.96.36.199. a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for Shouted’s Copyright Agent for notice of claims of copyright infringement is: firstname.lastname@example.org.
- 3.15. Unsolicited Ideas: We do not accept or consider, directly or through any Shouted or Shouted Pty Ltd employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”).
- 3.15.1. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- 188.8.131.52. Shouted has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
- 184.108.40.206. Shouted will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
- 4. Standards and Shouted's Limitation of its liability
- 4.1. The standards we operate under: Shouted always tries its best at what it does and promises that:
- 4.1.1. we will exercise reasonable care and skill in performing our obligations under this Agreement;
- 4.1.2. and we will not contravene the requirements of professional diligence in what we do.
- 4.2. 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.
- 4.3. What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for:
- 4.3.1. fraud;
- 4.3.2. death or personal injury caused by our negligence;
- 4.3.3. serious misconduct by us, excluding serious misconduct not conducted by Shouted itself; or
- 4.3.4. any Liability which cannot be excluded or limited by applicable law.
- 4.3.5. You are obliged to take reasonable steps to avert or reduce damages.
- 4.4. 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:
- 4.4.1. loss of income or revenue;
- 4.4.2. loss of actual or anticipated profits;
- 4.4.3. loss of business; or
- 4.4.4. 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”).
- 5. Your Obligation
- 5.1. 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.
- 5.2. Content on the Site: It is your responsibility to ensure that any Drink Deals or information (or Products) available through the Site meet your specific requirements.
- 5.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
- 5.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;
- 5.3.2. 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;
- 5.3.3. 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;
- 5.3.4. 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);
- 5.3.5. to cause annoyance, inconvenience or needless anxiety;
- 5.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- 5.3.7. for a purpose other than which we have designed them or intended them to be used;
- 5.3.8. for any fraudulent purpose; or
- 5.3.9. 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.
- 5.4. 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:
- 5.4.1. resell the Services or Site;
- 5.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- 5.4.3. 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);
- 5.4.4. 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;
- 5.4.5. execute any form of network monitoring which will intercept data not intended for you;
- 5.4.6. 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.
- 220.127.116.11. 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.
- 18.104.22.168. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- 5.4.7. create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
- 5.4.8. send malicious email, including flooding a user or site with very large or numerous emails;
- 5.4.9. enter into fraudulent interactions or transactions with us, 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);
- 5.4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
- 5.4.11. use in an unauthorized manner, or forge, mail header information;
- 5.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Drink Deal; or
- 5.4.13. copy or use any User Content for any commercial purposes.
- 5.5. 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.
- 6. Rules about use of the services and the site
- 6.1. Errors and omissions: We are not liable for errors or omissions if we have complied with the standards set out in Section 4 of this Agreement. We will use reasonable endeavours 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 Drink Deal, Item, Services or information on the Site or forming part of the Services from time to time.
- 6.2. 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.
- 6.3. 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.
- 6.3.1. We will attempt to restore such access as soon as we reasonably can.
- 6.3.2. 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.
- 6.5. 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.
- 7. Suspension and Termination
- 7.1. 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).
- 7.2. 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.
- 7.3. Shouted shall fully co-operate with any law enforcement authorities or court order requesting or directing Shouted to disclose the identity or locate anyone in breach of this Agreement.
- 7.4. 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:
- 7.4.1. you commit any breach of this Agreement;
- 7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
- 7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- 7.5. Notwithstanding anything else in this Section 7, we may terminate this Agreement at any time.
- 7.6. 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.
- 8. Data Protection
- 8.1. Please see our Privacy Statement which forms part of this Agreement.
- 9. Advertisements
- 9.1. 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.
- 10. Links to and from other sites
- 10.1. 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.
- 10.2. 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.
- 11. Intellectual Property Rights
- 11.1. Shouted grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Shouted.
- 11.1.1. 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).
- 11.1.2. You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
- 11.2. None of the material listed in Clause 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 Shouted Pty Ltd or the copyright owner, except as otherwise expressly stated under copyright law.
- 11.2.1. 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).
- 11.2.2. 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.
- 11.2.3. 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.
- 11.2.4. 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.
- 11.2.5. In addition, you may not make any use that exceeds or violates this Agreement.
- 11.3. "Shouted", the Shouted logos and variations thereof found on the Site are trademarks owned by the Shouted Pty Ltd and all use of these marks inures to the benefit of the Shouted Pty Ltd.
- 11.3.1. Other marks on the site not owned by the Shouted Pty Ltd may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Shouted Pty Ltd unless otherwise stated, or may be the property of their respective owners.
- 11.3.2. You may not use the Shouted Pty Ltd's names, logos, trademarks, or brands without the Shouted Pty Ltd's express permission.
- 11.4. 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.
- 11.5. 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.
- 11.6. 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.
- 11.6.1. If for some reason, any part of that statement/section 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, sub-licensable, 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 sub-licensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
- 12. General
- 12.1. Interpretation: In this Agreement:
- 12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- 12.1.2. section headings such as ("12 GENERAL" at the start of this section) and section titles (such as "Interpretation:" at the start of this Clause 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
- 12.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
- 12.2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- 12.3. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- 12.4. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.
- 12.5. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
- 12.6. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
- 12.7. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
- 12.8. No Third party rights: All provisions this Agreement apply equally to and for the benefit of the Shouted Pty Ltd and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that obligations) under or in connection with this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement by Shouted.
- 12.9. Survival: In any event, the provisions of Sections 1, 3, 4, 7, 11, 12, 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.
- 12.9.1. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site.
- 12.9.2. In the event you use Drink Deals bought under this Agreement, then those provisions applicable to Drink Deals will survive termination of this Agreement.
- 12.10. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
- 12.11. Shouted reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Drink Deal.
- 12.12. For the purposes of this agreement, and unless otherwise stated, all monies referred to, including the Service Fee, are inclusive of Goods and Services Tax (‘GST’).
- 12.13. Governing law and dispute resolution: we will do our best to resolve any disputes about this Agreement. If you wish to bring a legal claim against us, this Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South Australian law and both parties hereby submit to the jurisdiction of the competent courts of South Australia. You agree that these Terms of Sales are governed and interpreted by the laws of South Australia, without regard to its conflict or choice of law principles. The exclusive venue for any dispute shall be the courts of South Australia.
- 13. Definitions
- 13.1. In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
- 13.1.1. Account means your Shouted Account.
- 13.1.2. Liability means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.
- 13.1.3. The Merchant is a third party unrelated to Shouted that sells, supplies and/or provides the Merchant Offering. Shouted does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Drink Deal. A Merchant is NOT Shouted.
- 13.1.5. Register means to create an Account on the Site, and "Registration" means the action of creating an Account.
- 13.1.6. Services means all or any of the services provided by Shouted via the Site (or via other electronic - or other - communication from Shouted) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).
- 13.1.7. Drink Deal means an instrument, in either physical or electronic form, which entitles the holder of such Drink Deal (the "Drink Deal Holder") to receive the Merchant Offering from the Merchant during the period of time stated on the Drink Deal (the "Redemption Period").
- 13.1.8. The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Drink Deal Holder, as specified on Shouted’ Site and on the Drink Deal.
- 13.1.9. A Customer is a type of user of the Shouted website or other Shouted services, who uses that website or service for the purpose of obtaining a Drink Deal and redeeming it at a Merchant for the Merchant Offering. A Merchant may also be a Customer.
- 13.1.10. An Active Deal is a Drink Deal that has been approved for purchase by both Shouted and the Merchant.
- 13.1.11. The Active Date is the date from which a Drink Deal becomes an Active Deal.
- 13.1.12. A Live Deal is a Drink Deal that is available for purchase by a Customer.
- 13.1.13. Purchase Start Date is the date from which an Active Deal can be purchased.
- 13.1.14. Purchase End Date is the date that on which a Drink Deal can no longer be purchased.
- 13.1.15. Redemption Start Date is the date from which an Active Deal can be redeemed
- 13.1.16. Redemption End Date is the date from which a Drink Deal can no longer be redeemed at a Merchant.
- 13.1.17. The Redemption Period is the calendar date range within which a Drink Deal can be Redeemed by a Customer.
- 13.1.18. Deal Limit (where specified) is the maximum number of a particular Drink Deals available for purchase.
- 13.1.19. Redeem means to present a Drink Deal to a Merchant or one of its representatives and have it used in exchange for the Merchant Offering. A Drink Deal can only be Redeemed once or it can be Redeemed a number of times, the maximum of which being the total of individual drinks as described in the Drink Deal at the time of purchase.
- 13.1.20. An Expired Deal is a Drink Deal that can no longer be Redeemed.
- 13.1.21. A Venue Crowd is a group of Customers who have chosen to receive notifications from a Merchant and/or Shouted on behalf of the venue. The Merchant is responsible for the management and moderation of the Venue Crowd and must do so with compliance to all relevant State and Federal Laws and in accordance with these Merchant Terms and Conditions.
- 13.1.22. A Customer Crowd is a group of Customers who have chosen to receive notifications from other specified Customers and/or Shouted on behalf of the Customers. The Crowd Administrator is responsible for the management and moderation of the Venue Crowd and must do so with compliance to all relevant State, Territory and Federal Laws and in accordance with these Terms and Conditions.
Shouted Pty Ltd trading as Shouted (ABN 11 153 988 580) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including [interviews, correspondence, by telephone and facsimile, by email, via our website Error! Hyperlink reference not valid., from your website, from media and publications, from other publicly available sources, from cookies- delete all that aren’t applicable] and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Shouted will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
- 18 Union Street, Adelaide 5000