Welcome to the website of Word of Mouth Online Pty Ltd (ABN 90 666 730 696) ("we", "us" or the
"Company"), Word of Mouth Online Pty Ltd.
This website is located on the web via the domain www.wordofmouth.com.au and includes all of the
files located in that domain ("this site").
By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy
(located at www.wordofmouth.com.au/privacypolicy/), which is incorporated by reference into these
Website Terms of Use.
If you are under 18 years of age, you cannot transact or leave reviews on this site. By using this site
you represent and warrant to the Company that you are over the age of 18 years. Should the
Company suffer any damage or other losses as a result of a transaction or review entered into by a
minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company
reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages
(including actual, special, indirect and consequential losses or damages of every kind and nature,
including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising
out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this site accessible only to users who have
registered.
Upon registration with this site, you will be issued with a username and password to access your
account. You are responsible for maintaining the security of your password for this site. The Company
will not be liable for any loss or damage arising from or in connection with your failure to comply with
this security obligation. You agree that the Company will be entitled to assume that any person using
this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any
password or any other breach of security.
In order to register an account with this site, you must agree to these Website Terms of Use and
provide the Company with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you,
including the information provided by you through our account registration module or entered into your
account profile, is true and not misleading and does not violate any applicable law or regulation or any
person's intellectual property or other rights.
By placing an order through this site, you make an irrevocable offer to us to purchase the services
that you have selected pursuant to these Website Terms of Use. Information contained in this site
constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply
any services to you – however, the Company may endeavour to supply your selected services to you.
The Company reserves the right to accept or reject any application for registration of an account with
this site at its discretion.
By placing an order through this site, you make an irrevocable offer to us to purchase the services
that you have selected pursuant to these Website Terms of Use. Information contained in this site
constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply
any services to you – however, the Company may endeavour to supply your selected services to you.
We will not commence processing any order made through this site unless and until:
We reserve the right at our discretion to:
Acceptance of each order will take place if and when the Company either:
The Company reserves the right to change the prices for services displayed in this site at any time before you place an order or renew your subscription.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to
be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New
Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made:
The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd
(ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made
through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more
information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information
that you may provide to Stripe, other than information that is required in order to process your order
and deliver your purchased items to you (eg, your name, email address and billing address and
details).
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
All amounts paid through this site are non-refundable. Any cancellations must be made prior to your
renewal date which can be viewed via your account settings.
If we find your account is in poor standing or there has been abuse reported against your account, we
may refuse any refund request.
In any other case refunds will only be given at our absolute discretion.
Further information on the steps that the Company will take to remedy any breach of any
non-excludable condition or warranty/guarantee is provided under the heading "Remedies" in these
Website Terms of Use below. For more information about obtaining refunds from third party suppliers,
see the paragraphs headed "Refunds from suppliers" in these Website Terms of Use below.
While our website hosting providers employ secure technology for transactions with our customers,
we will not be responsible for any damages, including consequential losses (whether direct or
indirect), that may be suffered by a customer whose credit or debit card or bank account information is
used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
This site includes an online portal that allows third parties to advertise goods and/or services for sale
to our users through this site and to upload information and other content directly to this site for our
users to access. We do not act as agent for any such third parties and we take no responsibility, and
assume no liability, for:
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that the Company does not:
The relevant supplier, and not the Company, is:
We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.
Acceptance of an order creates a contract between you and the relevant supplier in respect of the
provision of the goods and/or services that are the subject of that order. The Company is not a party
to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply.
You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply –
including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to
placing any order through this site.
As part of our terms and conditions for supplier listings, suppliers undertake to us that they will offer to
users of this site terms and conditions that are at least as favourable to the user as those set out in
Schedule 2. The Company does not, however, hold the benefit of that undertaking on your behalf.
As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.
You are solely responsible for your interactions with suppliers listed on this site and the Company is
not a party to any transactions between you and such suppliers. We reserve the right, but have no
obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this
site has failed to provide those goods or services to you, or that those goods or services did not meet
your expectations, please contact us to let us know so that we may take disciplinary action against
that supplier if we consider it appropriate at our discretion to do so. The Company will not, however,
act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
In these Website Terms of Use, the term "Proprietary Content" means:
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected
by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare
derivative works from any of the Proprietary Content, except as expressly authorised by these
Website Terms of Use or with the prior written consent of the Company or other copyright owner (as
applicable).
You may download and print out content from this site only for your own personal and non-commercial
use and provided that you do not remove or modify any copyright, trademark or other proprietary
notices.
In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
Minimum conditions for User Conditions are set out in Schedule 2 of these Website Terms of Use.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS,
EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES
EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY
SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED
WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the
Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no
representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth,
availability, accuracy or completeness of this site or any of its content, and in particular do not
represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents,
consultants, licensors, partners and affiliates exclude all liability to you or any other person for any
loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or
otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive,
exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill)
arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this
site by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Website Terms of Use, the following rules of interpretation apply:
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person. The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced .
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site. You may only vary or amend these Website Terms of Use by written agreement with the Company.
These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Please take care when posting information and other content, including text, data, photos, audio,
video, and other materials (hereafter referred to as "User Content"), to Word of Mouth as some
content may be prohibited (see next section). Despite this prohibition, Word of Mouth does not
control User Content, which may include content relating to ratings, reviews, business
information, messages, special offers, member profiles, fundraisers and advice forum entries,
and Word of Mouth does not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using Word of Mouth, you may be exposed to content that is offensive, or
in some way objectionable.
You agree that you must evaluate and bear all risks associated with the use of Word of Mouth
content, including any reliance on the content, integrity, and accuracy of such content. If you find
content that you believe is inappropriate, incorrect, or in some way suspect, please notify Word
of Mouth either by flagging this content (using the tick boxes on the site), or by emailing us using
the Contact Us page.
Word of Mouth may, at its sole discretion, remove any User Content that it deems to be in
violation of these Conditions, or which may be offensive, illegal, or violates the rights, or
threatens the safety of any person. However, Word of Mouth assumes no responsibility for
monitoring the Word of Mouth website for inappropriate content or conduct, and has no obligation
to remove such content, and Word of Mouth assumes no responsibility for content submitted by
users.
You are solely responsible for any User Content that you submit, publish or display on Word of
Mouth, or transmit to other members and/or other website users. You agree to only post User
Content that you reasonably believe to be true and agree not to purposely provide false or
misleading information. User Content is not necessarily reviewed by Word of Mouth and as such
may not reflect the policies or opinions of Word of Mouth. User Content is not endorsed by Word
of Mouth and Word of Mouth makes no warranties, express or implied, as to the accuracy,
integrity or quality of such content.
You also understand and agree that Word of Mouth may review and delete any User Content,
including business listings, reviews, member profiles, fundraisers, special offers, and advice
forum entries, that in the sole judgment of Word of Mouth violates these Conditions or which
might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of
others.
If you enter into correspondence or engage in commercial transactions with third parties in
connection with your use of Word of Mouth, such activity is solely between you and the
applicable third party. Word of Mouth has no liability, obligation or responsibility for any such
activity and you hereby release Word of Mouth from all claims arising from such activity.
Your use of Word of Mouth may include links to, or otherwise direct you to, websites operated by
third parties. Word of Mouth does not endorse, nor is Word of Mouth affiliated with these third party websites and we are not responsible for any content that appears on these websites
(Those third party websites also do not endorse Word of Mouth.)
The following is a partial list of the kind of content and communications that is prohibited on Word of Mouth. Word of Mouth reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including removing the offending communication from Word of Mouth and terminating the membership of such violators and/or blocking the use of the Word of Mouth website and/or Word of Mouth service.
You may not post content that:
You should also review Word of Mouth's Fair Play Policy and Privacy Policy.
Last Updated: October 2023