Shop Valet
Website Use and
Terms & Conditions of Service

The website accessible at shopvalet.com.au (Website) is owned and operated by Abercrombie (WA) Pty Ltd ABN 71 677 267 480 (We, Us or Our(s)). Via the Website We may make Our services (Service(s)) available. In these Terms and Conditions references to ‘you’ and ‘your’ means a person who accesses or uses the Website or the Services and, where the context permits, includes such person in the capacity of a User.

  1. ACCESS AND USE OF THE WEBSITE

    • By accessing the Website you accept these terms and conditions (Terms and Conditions) and enter into a binding legal agreement (Agreement) with Us which incorporates these Terms and Conditions.
    • If you do not accept these Terms and Conditions you must not continue to access or use the Website.
    • The Website is provided on an ‘as-is’ and ‘as-available’ basis and your access to the Website is at your own risk.
    • We assert both for ourselves and third parties who grant license rights to Us all copyright, licence rights, or otherwise rights to use all content on this Website including text, data, images, videos and sound files and no such materials may be used without Our prior consent.
    • Any links from the Website to a third party, including any offer, content or website of that third party, is not an endorsement of that third party or of its offer, content or website by Us and We hereby exclude liability in respect of all the same.
    • You hereby acknowledge that We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide and operate the Website.
    • Without Our prior written content you must not:
      • modify, adapt or hack the Website;
      • modify another website so as to falsely imply that it is associated with the Website;
      • reverse engineer or re-use source code associated with the Website; or
      • reproduce, duplicate, copy, sell, resell or exploit any portion or content of the Website.
    • We reserve the right at any time and from time to time, with or without notice, to modify or discontinue, temporarily or permanently, provision of the Website or any part of it and do not warrant the availability of the Website at any time.
    • Subject always to law, We reserve the right to refuse provision of the Website to anyone, for any reason, at any time.

  2. ACCESS AND USE OF THE SERVICES

    • To access and use the Services you must create an account via the Website (Account).
    • The holder of an account is a user of the Services (User).
    • Unless otherwise stated, any provision of these Terms and Conditions relating to use of the Services also relates to use of an Account.
    • You must not create an Account unless:
      • you are a natural person who meets the age requirements imposed on you by any law to which you are subject;
      • you are a properly authorised body corporate or other form of legal entity other than a natural person;
      • you reside in Australia; and
      • you provide your full legal name, a valid email address and such other information as We may reasonably require of you from time to time.
    • With the exception of published API interfaces, an Account may not be registered, updated, scanned, or otherwise accessed by ‘bots’ or other automated methods.
    • If you are a natural person and have not attained the age of at least 18 years at the time of creating an Account, you and your parent or legal guardian warrant to Us that:
      • you have the consent of your parent or legal guardian to access the Website and create the Account; and
      • your use of the Website and the Service will be at all times supervised by your parent or legal guardian.
    • By creating an Account and becoming a User of the Service:
      • you are making an offer to Us to access and use the Services and We may accept or reject your offer in Our absolute discretion; and
      • you consent to receiving communications from Us in respect of matters concerning or in any way relating to the Website and/or the Services.
    • You must not allow your Account login credentials to be used by any person other than you or Us (upon Our request).
    • You are responsible for maintaining the security of your Account and login credentials and We will not be liable for any loss or damage arising from your failure to keep the Account secure.
    • You agree to maintain the accuracy of the information you provide to Us pursuant to clause 4.4.
    • To the extent that We provide technical support it will only be provided in respect of Accounts and unless and until We otherwise determine such support is limited to online and email-based support.
    • You must not use the Website, the Services, or the Account to:
      • breach the privacy, defame, or otherwise infringe the legal rights of any person;
      • upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages; or
      • transmit any worms or viruses or any code of a destructive nature.
    • If We make storage available to you as part of the Services, you may not use it for offsite backups or otherwise use the storage for purposes other than for which it is intended (as determined solely by Us).

  3. USE OF SERVICES

    • Your access to and use of the Services as a User via the Website using an Account may depend on you having an active Subscription.
    • The Services to which you have access from time to time may depend on the Subscription type associated with the Account, and you further acknowledge that access to some features and resources available as part of the Services may be limited or restricted as part of a particular Subscription type.
    • You agree to use the Website and the Services only for the proper purposes for which they are intended and in a manner that is lawful in the place from which you access the Website.
    • You must not use the Website or the Services for any illegal, unauthorized or improper purposes or with malicious intent. Without limitation you must not use then to:
      • harass, stalk, or threaten any other User or person;
      • transmit or communicate any content which, in Our opinion, is offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
      • impersonate any person, business, or entity, including an employee of Ours, or communicating in any way that makes it appear that the communication originates from Us;
      • post private or identifying information about any other User or Account, to the Service or elsewhere;
      • transmit, or facilitate the transmission of, any content that contains a virus, corrupted data, worm, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
      • send mass email or other spam content, whether for personal or commercial purposes, including by disrupting the flow of conversation with repeated postings of a similar nature;
      • participate in any action which, in Our opinion, exploits an undocumented aspect of the Service;
      • participate in any action which, Our opinion, defrauds any other User of the Service, including, but not limited to ‘scamming’ or ‘social engineering;
      • use unauthorized programs or automated processes to interact with the Service; or
      • access or attempt to access areas of the Service that have not been made available to the public.
    • You must not use the Website or the Services in a way which presents a risk of injury to you or any other person, or in circumstances which may be contrary to law.
    • You must not misrepresent yourself or take on the identity of someone else while using the Website or the Services.
    • You hereby acknowledge and agree that We reserve the right to determine, acting reasonably, that your use of the Website or the Services does not comply with these Terms and Conditions or the manner of acceptable use of the Account intended by them and that We may, as a consequence, exercise any of Our rights in these Terms and Conditions or otherwise at law including the right to modify or remove any Content, suspend and/or terminate your Account and/or your access to the Website and/or the Services.
    • You understand that the technical processing and transmission of the Website and the Services, including any Content, may be transferred unencrypted and involve:
      • transmissions over various networks; and
      • changes to conform and adapt to technical requirements of connecting networks or devices.

  4. CONTENT

    • Using an Account you may upload your information, or information in your possession (Content), for the purposes of using it in connection with the Services.
    • Unless specifically provided for by these Terms and Conditions, We do not acquire any right, title or interest in your Content, and you retain all your right, title and interest in it.
    • You hereby warrant to Us that you hold all the appropriate rights in Content you upload and/or use in connection with the Account and/or the Services and that it complies with all applicable laws of Australia and of the place from which you access the Account and/or use the Services, including with respect to copyright.
    • You hereby acknowledge and agree that:
      • if you or anyone else with access to your Account make any Content public, you allow others to view and share your Content;
      • We are not required to provide any specific export or archive of your Content and the various user-initiated export tools that may be available as part of the Services (such as contact list or general ledger exports) are provided “as is” and “as available”;
      • We do not pre-screen Content, but do reserve the right to refuse, modify, and/or remove any Content that is available via the Service;
      • you are responsible for all Content posted to your Account and activity that occurs in connection with the Account and We accept no responsibility for the Content and/or its use by or in connection with the Service; and
      • the cancellation or downgrade of any Account may cause the loss of Content, features, or capacity of your Account and We accept no liability for such loss.
    • We may, but have no obligation to, modify or remove Content and/or Accounts containing Content that We determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms and Conditions.
    • You hereby acknowledge and agree that your Content may be, but will not necessarily be, removed, deleted or destroyed from the infrastructure We use to provide the Services upon expiration of this Agreement, and it may persist in backup copies of data maintained by Us for a reasonable period of time (during which time it will not be available for use by others). We will use Our reasonable efforts to comply with any request you may make for the removal, deletion or destruction of your Content.

  5. FEES, CHARGES AND AFFILIATE PAYMENTS

    • Unless and until We notify you otherwise the Website and the Services may be accessed, and an Account may be created and used, by you, without direct charge from Us.
    • You hereby acknowledge and agree that:
      • We may receive payments or other benefits from third parties for and in connection with:
        • the Website including content We host or make available via the Website;
        • third party links on the Website on which you click or otherwise interact with; and/or
        • purchases you make via or as a result of redirection from the Website;
      • your access of the Website and/or the Services, or use of an Account, may result in Us receiving commissions, referral fees, or other like payments from affiliates and other third parties (Third Party Payments);
      • your access of the Website and/or the Services, or use of an Account, including the manner, frequency, and extent of use, may be monitored or tracked for data collection purposes and that data, which will not include your personal information, may be used by Us to generate income including Third Party Payments; and
      • links from the Website to a third party may result in that third party installing a cookie on the device used to click on the relevant link.
    • In consideration of Our promise to provide the Services to you, you promise to comply with these Terms and Conditions and consent to Us receiving Third Party Payments and collecting and using data in accordance with this Agreement, including clause 2.3.

  6. GST

    • In these Terms and Conditions, “GST” has the meaning defined A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    • All amounts expressed in or contemplated by these Terms and Conditions are exclusive of GST unless otherwise stated.
    • We hereby reserve the right to charge, in addition to any fees or charges We impose in accordance with these Terms and Conditions (if any), an amount equal to any GST that is payable by Us in connection with provision of the Services and/or the Account to you.

  7. CANCELLATION AND TERMINATION

    • Your failure to comply with these Terms and Conditions may result in denial of your access to the Website and discontinuation of the Services and/or the Account and the termination of Our Agreement with you.
    • We may terminate this Agreement if you engage in conduct that involves verbal, physical, written or other abuse (including threats of abuse or retribution) of Us, Our employees, other Users or any other person.
    • We may suspend your access to, and use of, the Website, the Services and/or the Account if We reasonably believe that you have failed to comply with these Terms and Conditions.
    • We may terminate this Agreement for convenience at any time on 30 days’ notice to you.
    • At any time and subject to these Terms and Conditions you may request cancellation of your Account via the Website.
    • Unless We expressly indicate otherwise in writing to you, an email, chat request, help desk ticket, or phone request from you to Us to cancel your Account is not considered cancellation.
    • Cancellation of the Account will not relieve you of your obligation in respect of any accrued and unpaid amounts that you owe to Us.
    • Termination or cancellation of the Account will result in the deactivation and/or deletion of your Account. You hereby acknowledge and agree that, immediately from the time of termination or cancellation:
      • your access to the Account will cease; and
      • all Content of your Account will not be accessible by you and may be deleted or otherwise destroyed by Us immediately upon termination.

  8. INTELLECTUAL PROPERTY, LICENSES AND ASSOCIATED RIGHTS AND OBLIGATIONS

    • We assert copyright in and to the Website, the Services and the design and expression of these, and the coding of same, and otherwise hereby reserve all Our other rights. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Website, the Service and/or the Account without Our prior written permission.
    • We may invite you, expressly or by implication, to provide a review or recommendation about Us and/or the Website or the Services (Testimonial) and, by providing a Testimonial, you grant Us the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish the Testimonial for promotional purposes in any medium and to alter the Testimonial in a manner which does not materially change the opinion you have expressed by it. We reserve the right not to publish or use your Testimonial and any publication or use of it by Us is not necessarily an acceptance or endorsement of it.
    • Subject always to clause 8, you hereby grant to Us a non-exclusive, perpetual, transferable, worldwide and royalty-free licence to use your Content for the purposes of enabling Us to provide the Services and for all other purposes contemplated by these Terms and Conditions, and you further agree to facilitate Our access to the Content as We may reasonably require from time to time.
    • Subject to this Agreement, We agree to maintain the confidentiality of the Content subject always to any compulsion on Us by law to disclose Content or any part thereof.
    • You warrant to Us that you have the authority to grant Us the access and licence pursuant to clause 3 and hereby indemnify Us for any loss We may incur as a result of use of the Content.
    • For the avoidance of doubt the intellectual property rights in and to the Website and/or the Services, and which is created by Us in the course of provision of the Services to you, is and shall remain owned by Us.

  9. PRIVACY AND DATA PROTECTION

    • We collect information that may be generated by your access and use of the Website and/or the Services including that which you provide to Us via the Website. Some of the information We collect may be personal information of, or otherwise concern, you.
    • We will deal with your personal information you provide to Us, which may include the Content, in accordance with Our privacy policy (Privacy Policy).
    • You must ensure that all information you provide to Us is true and accurate and that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the information to Us for the duration and/or purposes of this Agreement.
    • You hereby consent to Us:
      • collecting, storing and using personal information in accordance with Our Privacy Policy;
      • appointing third-party service providers to whom we may provide access to personal information subject to their being subject to privacy and data protection terms that are substantially similar to those set out in this clause 9;
      • transferring and/or storing personal information outside Australia; and
      • collecting and using data in the form of tracking of your access of the Website and/or the Services including the manner, frequency, and extent of use or clicks made therefrom and installing cookies on the device with which you procure such access.
    • We may, at any time on not less than 30 days’ notice, and without limitation of any other right We have to amend these Terms and Conditions, revise the provisions of this clause 9 by replacing them with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to these Terms and Conditions).

  10. WARRANTIES AND INDEMNITIES

    • Subject to these Terms and Conditions and to the extent permitted by law, We do not warrant that:
      • the Website or the Service will meet your specific requirements;
      • the Website or the Service will be uninterrupted, timely, secure, or error-free;
      • the results that may be obtained from the use of the Website or the Service will be accurate or reliable;
      • the quality of the Website, the Service or information or other material We may make available to you will meet your expectations;
      • the Website, Service or any of their features will operate to discharge any legal or other obligations you might have including but not limited to privacy or data protection laws; or
      • that any errors in the Website or the Service will be corrected.
    • You warrant to Us that you have attended to all backups and have maintained copies of your Content and you hereby acknowledge that We are not responsible for attending to any such backup obligations, but that We may perform such backup actions as We reasonably determine from time to time.
    • You hereby indemnify Us, Our employees and officers for any loss, damage or claim sustained by Us in connection with your use of the Website, the Services and/or your breach of these Terms and Conditions.

  11. EXCLUSION AND LIMITATION OF LIABILITY

    • Subject always to this clause We hereby exclude all express and implied conditions and warranties in relation to the Website and the Services.
    • Subject always to this clause We shall not be, and you hereby acknowledge and agree that We are not, liable for indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from:
      • the use or the inability to use the Website or the Service;
      • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website or the Service;
      • unauthorized access to or alteration of your transmissions or data;
      • statements or conduct of any third party on the Service; or
      • any other matter relating to the Website or the Service.
    • We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Service.
    • We shall not be liable to you or to any third party for or in respect of:
      • any offer, content or website of that third party;
      • any goods or services provided or not provided by that third party; or
      • any breach by a third party of any of its own terms or service or law.
    • To the extent that We have any liability arising under or in connection with provision of the Website, the Service or these Terms and Conditions, Our liability shall be limited to:
      • the cost of supplying the Services again; or
      • the payment of the cost of having the Services supplied again.
    • Our liability for failure to comply with a Guarantee (to the extent that the Guarantee applies) shall be limited to:
      • the cost of supplying the Services again; or
      • the payment of the cost of having the Services supplied again.
    • Nothing in this clause 11 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial ordinance which by law cannot be excluded, restricted or modified.
    • In these Terms and Conditions “Guarantee” means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  12. COMPLAINTS AND DISPUTE RESOLUTION

    • You agree that, before initiating any legal or other proceedings against Us, you will make a good faith effort to resolve any dispute you may have with Us by sending a dispute notice (“Dispute Notice”) support@shopvalet.com.au. The Dispute Notice must include:
      • a thorough description of your dispute;
      • a summary of the situation that caused the issue giving rise to the dispute; and
      • your desired remedy or outcome.
    • Upon receiving a Dispute Notice We will use Our best endeavours to try to resolve the dispute informally by contacting you via email or telephone.
    • In the event that any dispute is not resolved within 30 days from Our receipt of a Dispute Notice, either Us or You may take such other dispute resolution action deemed necessary including by initiating legal proceedings.

  13. GENERAL PROVISIONS

    • A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
    • If any clause of these Terms and Conditions is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
    • Headings are for convenience only and shall not be used to construe the Terms and Conditions of this Agreement.
    • The Agreement contains the entire Agreement between Us and you with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
    • You may not assign this Agreement without Our prior written consent. No third party shall have any rights hereunder.
    • This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
    • The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the Commonwealth of Australia and the state of Western Australia and Us and you submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal therefrom.
    • Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
    • The Agreement may be varied at any time by agreement acknowledged in writing by Us and you.
    • We may change these Terms and Conditions from time to time and in this event will give Account holders prior notice of this change by publication to the Website. By continuing to access the Website or use the Services and/or the Account you accept the Terms and Conditions as amended by Us from time to time.
    • You consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email or by posting to the Website or in any way via the Service and/or the Account. For support-related inquiries, you may send an email to support@shopvalet.com.au. Nothing herein shall limit Our right to object to subpoenas, claims, or other demands.
    • You must not publish, or allow to be published in your name, any review of the Website or Services which is untrue, misrepresentative of the facts, unfair or unreasonably disparaging to Us and/or with malicious intent, and you hereby agree not to publish a negative review unless and until you have complied with clause 12 of these Terms and Conditions.
    • We reserve all Our rights to the extent that they are not reserved by the Terms and Conditions.