Last Updated: 28/09/2020
Thank you for using SafetyFind! SafetyFind is the leading safety supply marketplace.
Please read these terms of service and agreement (“Terms of Service,” “Terms” or “Agreement”) carefully before using the website, applications and services offered by Talavera Market Pty Ltd (“SafetyFind,” “we,” and “us”). This agreement sets forth the legally binding terms and conditions for your use of our website(s), services or applications, including, without limitation, the website at SafetyFind and app offered under the name SafetyFind (collectively, the “Services”).
By registering for or otherwise using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or published or made available by SafetyFind. We may change these terms at any time, and changes will be posted on the Services. By continuing to use the Services, you agree to be bound by the changes.
- SafetyFind is a Marketplace
SafetyFind allow merchants to set up stores that list and sell products to buyers. When you purchase a product, the contract for sale is solely between you and the merchant. That means that when you purchase an item on SafetyFind, you are making a purchase from the merchant who listed the product and the merchant is solely responsible for fulfilling your order.
SafetyFind operates a marketplace platform that allow merchants and buyers to share information and complete transactions. Merchants are solely responsible for their stores, their products, their listings, and fulfillment of your order. Merchants may be located in Australia or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection rules.
SafetyFind do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the products. While SafetyFind is not a party to the contract formed between you and a merchant when you make an order, we may assist with certain specific activities including payment processing, returns, refunds, and other customer service.
SafetyFind cannot and does not guarantee (a) the existence, quality, safety, suitability, or legality of any merchant products or listings; (b) the truth or accuracy of any listing, description or other content provided by merchants; (c) the truth or accuracy of ratings, reviews, or other user submissions to SafetyFind; or (d) the performance or conduct of merchants or other third parties. You agree to make your own enquiries to verify information provided and to assess the suitability of products or services before you order the products or services.
- Registration & User Requirements
You must be a registered user to access some features of the Services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
By using the Services, you grant your express consent for us to send you direct marketing communications to the email address you provide, from which you may unsubscribe. Further, your consent to receipt of certain communications may be implied from the use of certain functional aspects of the Service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
To register an account or to use the Services you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
- Access and Use of the Services
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Further, when accessing the Services, you agree not to:
- circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
- collect personal data from users of the Services or use any such information found on the Services;
- engage in activity that jeopardises the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
- “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through use of manual or automated means), nor copy or store any significant portion of the Services; and
- abuse any promotions, discounts or other benefits offered by Wish or Merchants, including farming or harvesting of discounts or promotion codes.
SafetyFind gives no authority (whether implied or expressed) to link to or frame any of the content which appears on the Services or to use a representation of the company’s trademarks as a link button without the express agreement of SafetyFind.
We do not warrant that the Services will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from the Services.
- User Submissions & Reviews
Anything you post, upload, share, store, or otherwise provide through the Services is a “User Submission“. User Submissions may include comments, reviews, ratings or other feedback or materials, and may be viewable by other users. If you choose to submit User Submissions, SafetyFind will consider such Submissions to be non-confidential and non-proprietary.
For all User Submissions, you hereby grant SafetyFind a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services.
Ratings and reviews and photos, videos or other content about products and stores generated by users on SafetyFind are User Submissions that are not endorsed by SafetyFind and do not represent the views of SafetyFind. SafetyFind does not assume liability this feedback or for any claims for economic loss resulting from such ratings and reviews.
- Changes to the Services
We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any content from the Services at any time, for any reason, at our sole discretion, and without notice to you.
- Placing Orders
You are responsible for any discrepancies or errors in your order caused by you.
The information contained on this Service constitutes an invitation to treat and is not capable of acceptance by you. Any order made or placed by you shall be deemed to be an offer made by you to purchase the relevant products or services from the merchant. When an order is placed for a merchant’s products, we will send the order to the merchant for confirmation, at which time they may accept or reject your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the product(s), as well as all shipping and handling charges and applicable taxes.
Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Services.
- Warranty Disclaimer
To the fullest extent allowed by law, the Service are provided on an “as is” and “as-available” basis, without any warranty or condition, express, implied or statutory, of any kind. To the fullest extent allowed by law, SafetyFind expressly disclaims all warranties, representations, and conditions of any kind, either express or implied, including without limitation implied warranties of title, merchantability, performance, fitness for a particular purpose or non-infringement, or that use of the Services will be uninterrupted or error-free. In addition, no advice or information (oral or written) obtained by you from SafetyFind shall create any warranty.
You acknowledge and agree that, to the fullest extent permitted by law, you assume full responsibility for your use of the Services and that any information you send or receive during your use of the Services may not be secure and may be intercepted or otherwise accessed by unauthorised parties. You agree that, to the fullest extent permitted by law, SafetyFind is not responsible for any loss or damage to your property or data that results from any materials you access or download from the Services.
If you rely on any data or information obtained through the Services, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of such data or information.
- Liability Limitations
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Services including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Services or our social media pages;
- you acting or not acting, on any information contained on or referred to on the Services and/or any linked Services or our social media pages;
- personal injury or property damage of any nature resulting from your access to or use of the Services;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Services;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Services by any third party; and/or
- the quality of any product or service of any linked sites.
Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Services or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
To the fullest extent allowed by law, you release us and agree to indemnify, defend and hold SafetyFind, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related (a) your actual or alleged breach of any obligations in this Agreement; (b) your products, services or content, including, without limitation, any actual or alleged infringement or violation of any intellectual property rights, violation of any privacy right or third-party agreement, violation of any applicable laws, rules, or regulations, personal injury, death or property damage related thereto; (c) your use of the Services (including any actions taken by a third party using your account); and (d) your taxes (as defined below).
- Changes to the Terms
We’re constantly trying to improve the Services, so this Agreement may need to change along with the Services. SafetyFind reserves the right to change the Agreement at any time by placing an updated copy of the Agreement on this page. If we make any substantial changes we may bring it to your attention by placing a notice on the Services, by sending you an email, or by some other means. Your continued use of the Services constitutes acceptance of any updated Agreement.
Assignment. You agree that SafetyFind may assign all of its rights and duties under this Agreement to an Affiliate of SafetyFind, and in such event, SafetyFind will notify you of such assignment by email or other written notification. You may not assign any of your rights and duties under this Agreement to any other party without the prior express written consent of SafetyFind.
Governing Law. These Terms are governed by and will be construed under the laws of the State of Victoria, Australia.
Force Majeure. We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
Severability. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.