Pampered.com.au Website Terms and Conditions

Terms of use

The terms and conditions set out below ("Terms and Conditions") govern your use of the Pampered.com.au website ("Site"). By using the Site, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Site and you must refrain from using it.

The site is owned and operated by THE PAMPERED GROUP (AUST) PTY LTD of PO Box 703, Toowong QLD 4066.

If you have any complaints or questions regarding the Site or the Terms and Conditions then you can contact the Customer Support team on

If you are an advertiser on the Site, these Terms and Conditions apply to you in addition to the Pampered.com.au Advertising Terms and Conditions. To obtain a copy of the Pampered.com.au Advertising Terms and Conditions email

To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of the Site.

THE PAMPERED GROUP (AUST) PTY LTD reserves the right to make changes to these Terms and Conditions which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms and Conditions.

Use of the Site by you

You agree to only use the Site for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Site.

You must not:

• use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
• use the Site directly or indirectly to post or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
• use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
• attempt to gain unauthorised access to the Site or use another person's name, registration account or password;
• create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
• tamper with, hinder the operation of or make unauthorised modifications to the Site;
• knowingly transmit any virus or other disabling feature to the Site; or collect information about others, including email addresses, without their consent.

Disclaimer and limitation of liability

The Site is a platform for advertising and listing business details only. To the extent permitted by law, THE PAMPERED GROUP (AUST) PTY LTD and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via the Site.

THE PAMPERED GROUP (AUST) PTY LTD does not investigate or endorse any businesses or private users who list business information or advertise on the Site or any products and/or services, including any Pampering products and/or services, ("Products") offered for sale by them. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any service or product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by THE PAMPERED GROUP (AUST) PTY LTD of any service or product or to you to enter into any transaction or follow any course of action. Any decision that you make about any services or products offered through the Site must be based solely on your own evaluation of your circumstances and objectives and of the product and of its true value. THE PAMPERED GROUP (AUST) PTY LTD recommends that you independently verify the accuracy, currency or reliability of any information made available via the Site and upon which you intend to rely.

The Site and information available on it are provided on an “as is” basis. THE PAMPERED GROUP (AUST) PTY LTD makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

• the Site;
• information contained on the Site;
• the services or products made available through the Site;
• the availability of the Site; and your use of the Site, are excluded.

If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions. However, THE PAMPERED GROUP (AUST) PTY LTD's liability for breach of such term will, to the extent permitted by law, be limited, at THE PAMPERED GROUP (AUST) PTY LTD's option, to:

1. in relation to goods, at THE PAMPERED GROUP (AUST) PTY LTD's option:
   1. repair and return of the goods to you;
   2. refund to you of the cost of replacing the goods or of acquiring equivalent goods; or
   3. if the product is still available, replacement of the goods with equivalent goods; or
2. in relation to services, at THE PAMPERED GROUP (AUST) PTY LTD's option:
   1. supply of the services again; or
   2. refund to you of the cost of having the services supplied again

To the extent permitted by law and except as provided in the General Terms and Conditions, THE PAMPERED GROUP (AUST) PTY LTD (and its officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage, costs or expenses suffered by you or claims made against you in connection with, however caused:

• your use of the Site;
• any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;
• any failure to provide the Site;
• any goods or services supplied, offered or advertised on the Site; or
• your purchase of any goods or services offered for sale on the Site.

Linked Sites

The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under THE PAMPERED GROUP (AUST) PTY LTD's control. No link appearing in the Site and no external site linked to the Site is endorsed by THE PAMPERED GROUP (AUST) PTY LTD and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify THE PAMPERED GROUP (AUST) PTY LTD against any liability arising out of your accessing any linked site.

Accuracy of Registration Information

When registering on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.

Username and Password

It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. If you think that your details may have been used by someone else then you must notify Pampered.com.au Administration as soon as possible. You must also change your password immediately. You agree to indemnify THE PAMPERED GROUP (AUST) PTY LTD against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

Website Payments

If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact THE PAMPERED GROUP (AUST) PTY LTD in accordance with the Privacy Statement.

To the extent permitted by law, THE PAMPERED GROUP (AUST) PTY LTD excludes all liability in relation to those payments and the services provided by that third party.

Placement and Removal of content on the site

THE PAMPERED GROUP (AUST) PTY LTD reserve the right to decline to publish, or where already published, to remove any content that THE PAMPERED GROUP (AUST) PTY LTD considers THE PAMPERED GROUP (AUST) PTY LTD's absolute discretion is inappropriate for the Site for any reason.

THE PAMPERED GROUP (AUST) PTY LTD will not be held liable for incorrect business listing or advertising information. 

When choosing an Advertising or Directory enhancement package to sell your product or service you must ensure that the product or service you are listing is being sold in the correct manner and package.  If these products or services are found by THE PAMPERED GROUP (AUST) PTY LTD to be in an incorrect manner or package they will be removed.

Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the Site and in the software, text, graphics and other material displayed or available through the Site ("Content") belongs to THE PAMPERED GROUP (AUST) PTY LTD or its licensors.

You are provided access to the Site only for your personal use. Subject to applicable laws:

• unauthorised use of the Content is strictly prohibited and may infringe THE PAMPERED GROUP (AUST) PTY LTD's IP Rights in the Content; and
• no Content may be reproduced, published or transmitted in any manner without the prior written consent of THE PAMPERED GROUP (AUST) PTY LTD.

Without limiting the above, and subject to applicable law, you may not without prior written permission from THE PAMPERED GROUP (AUST) PTY LTD:

• archive the Content or any part of it;
• form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
• redistribute or republish the Content; or
• link to the Site including (without limitation) linking in any way which:
• frames the Site;
• replicates the Site;  or
• misleads any person regarding any association with the Site or any association with THE PAMPERED GROUP (AUST) PTY LTD (whether implicitly or expressly).

The trade marks used on the Site are THE PAMPERED GROUP (AUST) PTY LTD's trade marks or the trade marks of a third party. Nothing on the Site should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of THE PAMPERED GROUP (AUST) PTY LTD's trade marks:

• as or as part of your trade marks;
• in connection with goods or services which are not the goods or services of THE PAMPERED GROUP (AUST) PTY LTD;
• in a manner that may be confusing, misleading or deceptive; or
• in a manner that disparages THE PAMPERED GROUP (AUST) PTY LTD, its information or services or the Site

Technical Difficulties

You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, THE PAMPERED GROUP (AUST) PTY LTD and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site is not guaranteed for all software or hardware of users.

Liability

To the maximum extent permitted by law, you specifically agree to indemnify and hold THE PAMPERED GROUP (AUST) PTY LTD and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites.

Privacy

You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the Site.  You agree that THE PAMPERED GROUP (AUST) PTY LTD may use and disclose information about you in accordance with the terms of the Privacy Statement. You also agree to check the Privacy Statement on a regular basis and to let THE PAMPERED GROUP (AUST) PTY LTD know if you object to use or disclosure of information about you in accordance with any updated statement.

Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

Termination

If THE PAMPERED GROUP (AUST) PTY LTD reasonably believe that you have not complied with these terms and conditions your account membership may be suspended, limited or cancelled immediately.

THE PAMPERED GROUP (AUST) PTY LTD reserve the right to disable your account membership from the Site for any breaches of the Terms and Conditions without the need to provide reasons.

Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in Queensland. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts, for any proceedings in connection with thee Terms and Conditions.

THE PAMPERED PARTNERS PROGRAM INCORPORATING THE GIFT VOUCHER PROGRAM

This Pampered Partners Program Agreement (the "Agreement") is entered into as of by you ("Pampered Partner") and The Pampered Group (AUST) Pty Ltd, t/a Pampered.com.au (“Pampered.com.au ”) with offices at Ground Floor, 44 Greenlaw Street Indooroopilly QLD 4068 Australia.

RECITALS:

•  The Pampered Partners Program is a Gift Voucher and Corporate Reward and Recognition Program which is aimed at further enhancing the experience of the Pampered.com.au user.

•  The Pampered Partner Program aims to extend the reach of Pampered Partner's brand by offering an expanded and new customer base.

•  This will be achieved by signing up Pampered Partner to the Pampered Partners Program namely the gift voucher rewards and recognition program. All Pampered Partner stores, locations, and providers will become a point of redemption for Pampered.com.au gift vouchers.

OPERATIVE PART:

By signing this Agreement, Pampered Partner agrees to participate in Pampered Partner Programs pursuant to the terms and conditions detailed below:

A. Pampered.com.au will provide to Pampered Partner:

1. Website Listing : A "standard listing" for Gift Voucher Partner on the Pampered.com.au web site at no cost.

2. Online listing as a provider in Pampered Gift Voucher Program : Pampered Partner will be listed on Pampered.com.au to show the user where vouchers can be redeemed at.

3. Marketing and Promotion : Pampered Partners will be highlighted where appropriate for, but no limited to, consumers, corporate customers and media inquiries. Pampered.com.au will promote the sales of Pampered.com.au Gift Vouchers through multiple channels including corporate gift programs, travel agents, web affiliate Gift Voucher Partners and the Pampered.com.au web site (www.Pampered.com.au ).

4. Payment : Pampered.com.au will pay Pampered Partners within 14 business days of receiving the original copy of the Pampered.com.au Gift Voucher into the Pampered.com.au Indooroopilly, Queensland office. All Pampered.com.au Gift Vouchers are subject to the applicable expiration date (if any) on the face of the Gift Voucher.

B. Pampered Partner will:

1. Accept Pampered.com.au Gift Vouchers : Pampered Partner agrees to accept Pampered.com.au Gift Vouchers for all goods and services at any Pampered Partner facility. The Pampered Partner will deliver the Gift Voucher to Pampered.com.au to be redeemed at the rate of 85% of the face value of the Gift Voucher (i.e. Face value less a 15% commission/marketing fee). The Pampered Partner will keep 100% of any and all sales dollars in the excess of the face value of the Gift Certificate or Gift Card.

2. Abide by Pampered.com.au Fraud Protection Measures : Pampered Partner agrees to abide by any fraud protection policies, procedures and devices that Pampered.com.au implements in order to protect both Pampered.com.au and Pampered Partner from fraudulent use of Gift Vouchers. Are there any required by law? Pampered Partner acknowledges that Pampered.com.au reserves the right to change the look of its Gift Voucher particularly in connection with an arrangement with a corporate Pampered Partner. If Pampered Partner is uncertain about the validity of a Pampered.com.au Voucher, Pampered Partner must call Pampered.com.au Accounts department at (07) 3103 0232 , for clarification before accepting the Gift Voucher.

For increased security protection, Pampered.com.au safeguards Gift Vouchers by having a detailed online key generation system. Pampered.com.au also keeps detailed records of the Gift Vouchers number, value, and name of recipient. Pampered Partner 's failure to abide by such policies, procedures and devices may limit or preclude Pampered Partner 's reimbursement for any Gift Voucher.

C. Miscellaneous

1. The term of this Agreement is one (1) year commencing from the date of signature and will renew automatically for successive one (1) year term unless terminated in writing by either party providing thirty days notice in writing to the other party. If Pampered Partner terminates this Agreement, Pampered Partner will be precluded from entering into any marketing arrangement with Pampered.com.au for up to one (1) year after termination of this Agreement.

2. All payments due to Pampered Partner shall be paid directly to the Pampered Partner; Pampered.com.au will not make payments to any third party.

3. This Agreement shall be governed and interpreted in accordance with the laws of the State of Queensland , Australia . Each party submits to the non-exclusive jurisdiction of the courts in the state of Queensland .

4. Each party shall act as an independent contractor and shall not represent itself, or allow its employees or subcontractors to represent themselves, to be the agent or an employee of the other party.

5. Either party may assign this Agreement by providing the other party a 30-day written notice, provided that the assignee agrees to be bound by the terms and conditions of this Agreement. In the event of a change in ownership of the Pampered Partner, Pampered Partner must arrange for the new owner to deliver to Pampered.com.au a copy of the relevant documentation evidencing the change in ownership transaction.

6. Pampered.com.au and Pampered Partner each agree to keep the terms and conditions of this Agreement as confidential. In addition each party agrees to keep the other party's non-public business information as confidential, and will not disclose such confidential information to third parties without prior written consent. This paragraph shall survive the termination or expiration of this Agreement.

7. Pampered Partner shall indemnify, defend and hold the Pampered.com.au and its officers, directors, agents, employees, affiliates and licensees harmless from and against any and all claims, proceedings, damages, liabilities, judgments, costs and expenses (including reasonable solicitor's fees and disbursements) arising out of any breach of its representations or warranties, or any material breach of any covenants or agreements made to Pampered.com.au hereunder.

Pampered Partner shall indemnify, defend, and hold Pampered.com.au harmless from and against any and all claims, proceedings, damages, liabilities, judgments, costs and expenses (including reasonable solicitor's fees and disbursements) arising out of any action brought by any third party relating to the services provided (or not provided), or actions or (failure to act), of Pampered Partner or any of its representatives or any other individual or entity, including, without limitation any action brought in connection with any particular visit to Pampered Partner 's property. This paragraph shall survive the termination or expiration of this Agreement.

8. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. This Agreement and any attachments constitutes the entire agreement between Pampered.com.au and Pampered Partner with respect to the subject matter hereof, and supersedes all prior, whether written or oral, between the parties with respect to such subject matter.

9. Pampered.com.au reserves the right to change these terms and conditions at any time by positing such changes online at Pampered.com.au .

Contact Details

The Pampered Group (AUST) Pty Ltd
T/A Pampered.com.au
PO Box 703
Toowong QLD 4066
Email: