Thank you for taking the time to check out Bundl.com.au. This is a legal document that sets out the terms and conditions (the “Agreement”) between the Customer (otherwise referred to as “you”, “your” or the “Customer”) and Bundl.com.au Pty Ltd ABN 17 149 837 730 (otherwise referred to as “Bundl”, “Bundl.com.au”, “us”, “we” or “our”).
The following definitions apply to this Agreement:
“Agent” means a licensed estate agent within the meaning of the Estate Agents Act 1980 (including an agent’s representative) who is engaged or appointed to do estate agency work for the Customer;
“Call Centre” means our internal call centre, or any professional call centre provisioned by us, for the purpose of facilitating the purchasing of products and/or services available through the Site;
“Customer” means a person, firm or corporation, jointly and severally if there is more than one, utilizing our Service;
“Friend” means someone you have referred to the Bundl Site and/or Services;
“Premises” means the Customer’s premises to be supplied as specified in the Customer’s online application or supplied by the Customer to the Call Centre;
“Retailer” means any provider of goods and/or services available through the Site, Call Centre and other Services;
“Site” means the Bundl.com.au website and any associated sub-websites, including our Facebook Page and Twitter Account.
3. Our Services
Bundl is an online marketplace where Customers can search, compare and purchase a range of goods and services from 3rd party Retailers at the same time in one convenient location (the “Services”). The Services include transactions that occur completely online at our Site, and transactions that utilize a combination of our Site and Call Centre. Our Services also include the arranging of the connection/disconnection of utility services on behalf of the Customer.
free to the customer
Use of the Bundl Site and Services is free to the Customer.
customer responsible for any connection/disconnection costs
The Customer is solely responsible for all payments to Retailers for connection and/or disconnection of services. This includes any deposit required from the Retailer.
customer responsible for service fees
The customer is solely responsible for payments to retailers for any additional service fees charged by the Retailers, including any after hours connection fee.
customer responsible for any early termination fees
It is the Customer’s responsibility to determine if they are still contractually obliged to an existing Retailer and what, if any, fee may be payable to that Retailer for early termination of that agreement.
who pays Bundl
We are able to provide the Services free of charge to our Customers because we may receive fees from Retailers for providing them with new customers. We may elect to pass on some of these fees to our Customers at our absolute discretion.
who does Bundl pay
Bundl may pay Agents or other referrers a fee for assisting in the supply of our Services to the Customer. Bundl may also elect to pay you a fee for recommending our services through your social media networks and email addresses at our absolute discretion.
5. Use of Our Site and Services
accessing and publishing information
Your use of the Site and Services may involve publishing and accessing various types of information and materials. You also have the ability of posting or giving information and material to the Site and Services.
you agree not to publish the following
Whilst using the Site and Services, you agree not to publish information and material that:
- infringes the copyright, trademark or other intellectual property right of others;
- is unlawful, defamatory, pornographic, abusive, threatening, obscene, blasphemous or grossly offensive;
- has the potential to cause technical harm, including computer viruses, Trojan horses, worms, logic bombs or other malicious software or harmful data;
- has the potential to incite hatred against any minority group, including ethnic, religious or otherwise; or
- is otherwise deemed inappropriate by bundl at our absolute discretion.
use at own risk
Bundl has developed the above policy on information and material published on the Site and Services in an effort to create a safe environment for all of our users. Whilst we take action to ensure other users abide by this policy, we cannot guarantee that you will not come across some material that violates this policy or you find otherwise offensive. You use the Site and Services at your own risk. We welcome your feedback and suggestions and encourage you to point out anything that you believe violates our policies. We may take action against the user responsible for the publishing of material, including suspending or termination of their account, but we are not under an obligation to do so.
6. Links to Third Party Sites
We provide links on the Site to third party websites for your convenience only. By clicking on these links you will be leaving the Bundl Site and entering websites where we have no control over the content. We do not endorse these websites and you use them at your own risk.
review policies of third party sites
Please be aware that third party sites may have different privacy and security polices to Bundl and we recommend that you review the policies of any website you subsequently visit.
7. Your Registration and Account
when and why you need to register
You do not need to register to use many of the functions (including search and compare) of the Site. However, you do need to register with the Site, or the Call Centre, prior to electing to purchase any of the goods and services. Registration allows us to save your preferences, see your prior purchase history, publish content to the Site and share our Services with your friends through social networking.
how to register
You can register with Site by either providing your email address and password to us directly, or by allowing a Bundl application to connect through your Facebook profile.
valid information only
If you do choose to register with Bundl and create an account, you agree to provide only accurate, up to date and complete information. If an account has been created with an invalid, someone else’s or temporary email address, we may close the account without notice. We may also send an email to the Customer to validate their email address if we believe they may not be using an appropriate email address. Please notify us immediately if you need to update your information.
The password you choose for your account during the registration process must be kept confidential and you must notify us immediately if you believe that someone else is aware of that password or if there is any unauthorized use of your email address or any other breach of security know to you.
Multiple accounts for the same Customer are not permitted. If we believe you have opened multiple accounts we may suspend or close one or all of your accounts without notice. Similarly, if we suspect you are using a proxy to hide your Internet Protocol addresses in an attempt to hide the use of multiple registration accounts, we may suspend or delete your accounts without notice.
8. Legal Capacity
must be 18 years old
By using the Site and Services to purchase a product and/or service, you warrant that you are 18 years of age or older and entering into a legally binding contract with bundl with respect to that product and/or service.
9. Real Cash Rewards
Bundl may pay you a cash reward
You may be eligible to receive a cash reward from Bundl, at our absolute discretion, by purchasing products and/or services through Bundl or sharing your purchase with your friends.
cash rewards for purchasing through Bundl
You may become eligible for a cash reward when:
- You complete the purchase of a product and/or service through the Site or Services;
- the applicable Retailer agrees to accept you as a customer, including passing any credit checks that they deem necessary;
- you pay the applicable Retailer any upfront fees that they require and/or pay the first invoice ( or “bill”) to that Retailer for that product or service they have provided to you; and
- you request that Bundl sends you a cheque through the Site (can be found under your “Account” tab).
cash rewards for sharing with friends
You may become eligible for further cash rewards when:
- you share your purchase through your social media networks or email addresses;
- a Friend uses (or “clicks”) on the unique link provided on your social media network or email addresses and is taken to the Bundl Site;
- your Friend purchases products and/or services through Bundl’s Site or Services;
- the applicable Retailer accepts your Friend as a customer, including passing any credit checks that they deem necessary;
- your Friend pays the applicable Retailer any upfront fees that they require and/or pay the first invoice (or “bill”) to that Retailer for that product or Service the Retailer has provided to your Friend; and
- you request that Bundl sends you a cheque through the site (can be found under your “Account” tab).
value of cash reward
Products and services purchased through our Site and Services may have an attached cash reward value. The value of this cash reward differs according to the product and service purchased. Not all products and services have a cash reward and we reserve the right to modify the value of each cash reward as we see fit.
cheque in the mail
Cash rewards are sent to your current postal address that you have supplied to us in the form of a cheque. We will not process cash reward payments any other way, including Paypal or direct deposit.
In the instance where one cheque has already been sent out to you and you have purchased additional products and/or services through us, you may request for another cheque to be sent to you. The value of this cheque will be the total cash rewards associated with the additional products and/or services purchased through us since the previous cheque was sent to you.
10. Availability of Products and Services
not available australia wide
Not all of the products and services displayed on our Site or through our Services may be available to you. Some products are limited to certain geographic areas and whilst we do our best to only display products available in your area, we make no warranty as to the accuracy of this information.
plans and tariffs
Plans are tariffs used throughout the Site and Services are provided to us by our Retailers on a regular basis. We update our Site and Services regularly in an effort to ensure the latest plans and tariffs are available to you. However, we reserve the right to change the details of the plans and tariffs at any time without notice and we will not be held liable to provide any product and/or service according to outdated or superseded plan and tariff details.
accuracy of information provided by you
The Site and Services uses information provided by you in order to offer you the opportunity to purchase products and services through us. Providing information to us that is not accurate, deliberately or otherwise, may result in the Site and Services offering products and/or services that are not available to you. We are not liable to provide you with these products and services. However, we may offer you alternative products and services, including alternative plans and tariffs that are available to you.
11. Use of Personal Information
transfer of ownership
In the event that Bundl is sold or otherwise transferred to a third party, you grant Bundl the right to transfer the personal information and other data and rights that Bundl has collected from you to that third party and Bundl will not be required to obtain your prior consent or approval or to notify you of such a transfer.
13. Suspension and Termination
we may suspend
We may suspend your account and use of the Site and Services, in whole or in part, if you use, or someone other than you with your permission uses, the Site or Service in contravention to this Agreement.
suspension may end
Your suspension may end when we receive an assurance from you, in a form acceptable by us, that there will be no further breach of the provisions of this Agreement.
co-operation with law
Bundl will fully co-operate with any law enforcement authorities or court order directing Bundl to disclose the identity or other details of anyone in breach of this Agreement.
termination of agreement
We reserve the right to terminate this Agreement, without prior notice, at any time and for any reason. Without limitation, we may suspend your use of the Site and/or Services and/or terminate this Agreement immediately if:
- you commit any breach of this Agreement;
- we believe on reasonable grounds that you have, might or will commit a breach of this Agreement; or
- we believe on reasonable grounds that you have, might or will commit fraud against us or any other person.
14. Limitations of Liability
Without limiting claims available under consumer protection laws, Bundl is not liable to you or anyone else, including for negligence, breach or contract or tort, for any loss or damage, including any type of consequential loss such as any third party loss, loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, pure economic loss and any operating cost, however caused and which is suffered directly or indirectly in connection with provision of the Site and Services.
resupply of services
Where the claim cannot be excluded or restricted under consumer protection laws, the liability of Bundl for such a claim (to the extent permitted by law and at bundl’s discretion) will be limited to resupplying the Services.
cannot guarantee quality of the services
Whilst we only use quality 3rd party service providers, we cannot warrant or guarantee the quality, frequency and continuity of supply of the Services.
delivery of services
Bundl is not liable where the delivery or provision of the Services is delayed or prevented by circumstances either inside or outside the Customer’s control, including without limitation, where the Customer cannot accept delivery of goods and/or services arranged through Bundl, or has the electricity main switched on at the time of connection.
bundl fails to deliver services
Bundl is not liable for any loss or damage, including any type of consequential loss, to the Customer or anyone else where Bundl fails to meet any delivery or connection date or cancels or suspends supply of Services.
not liable for retailers
Bundl is not liable for any loss or damage, including any type of consequential loss to the Customer or anyone else, as a result of the Retailer’s act or omission, including without limitation, any delay, suspension or failure to connect, supply, deliver, or disconnect the nominated goods and/or services.
you will indemnify Bundl
You will at all times indemnify, and keep indemnified, Bundl and its directors, officers, employees, agents and related bodies corporate (as defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Bundl arising from any claim, demand, suit, action or proceeding by any person against you or Bundl where such loss or liability arose out of, in connection with or in respect of your conduct or as a result of the provision of the Services or any act or omission by the Retailers or for any claims made in connection with any delay in, or failure to connect, disconnect or provide the nominated service.
amounts payable to retailers
You will be solely responsible for all amounts payable to Retailers for the connections/disconnections and/or supply of the Services, and you indemnify Bundl and its directors, officers, employees, agents and related bodies corporate (as defined in the Corporations Act 2001) in respect of any charges whatsoever in respect of the Services including, but not limited to, fees and charges (including after hours charges) imposed by the Retailers.
16. Intellectual Property Rights
You acknowledge and agree that Bundl owns or licences all intellectual property rights of any kind including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered in:
- the Site and Services;
- information content contained on the Site or accessed as part of the Services;
- any database operated by us; and
- all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement and all software compilations, underlying source code and software (including applets and scripts).
Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. Bundl reserves all rights that are not expressly granted to you in this Agreement.
You may not reproduce, redistribute, copy, republish, download, display, post or transmit in any form or by any means sold, rented or sub-licensed, used to create derivative works, or in any way exploit any of the material that Bundl has intellectual property rights to without our prior express written permission.
You may use the Bundl Site for the purposes of retrieving and displaying the content of the website on a computer screen, (including mobile devices such smartphones and tablets), store this content in electronic form on a disk (excluding any server or other network storage device) or print one copy of this content for your own personal, non-commercial use, provided you maintain all copyright and proprietary notices.
material posted to the Bundl site
your intellectual property
All material where intellectual property exists, including your comments, ideas, concepts, drawings, photos that you disclose or offer to us via the Site, Services or otherwise, either voluntarily or through our solicitation shall become and remain our property and you hereby assign all existing present and future intellectually property rights to us. This material will not be treated in confidence and we assume no obligation by considering it. We shall exclusively own all known and future intellectual property rights contained in this material and shall be entitled to unrestricted use of these rights for any purpose whatsoever and without compensation to the provider of the material.
17. General Terms
Clause headings such as “General Terms” and clause titles such as “interpretation” are only for ease of reference and do not form part of or affect the interpretation of this Agreement
Where “include” and “including” have been used, they shall be interpreted as “include(s) without limitation” and “including without limitation” respectively.
You may not assign this Agreement or your rights or obligations hereunder, in whole or in part, to any third party without our prior written consent. Any attempt by you to do so will be invalid.
Bundl will not be liable for any delay in fulfilling its obligations under this Agreement if such delay is due to an act of God, fire, flood, industrial action, public disaster, civil strife, war, revolution, terrorism, delay in transportation, plague or epidemic, event or circumstance outside bundl’s control which is not due to any lack of reasonable foresight or prudence.
This Agreement is to be interpreted in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
Should any part of this Agreement be found to be unenforceable or invalid, that portion with be deemed severed and where possible the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
Our rights under this Agreement will survive any termination of this Agreement.
Nothing in this Agreement creates a partnership, employment relationship or agency relationship between you and Bundl.
no other terms
Except as expressly indicated in this Agreement, all warranties, conditions or other terms, whether express or implied, by statute, common law or otherwise are excluded to the fullest extent the law permits.
All notices given to either party shall be hand delivered or by electronic mail (unless you are sending a notice for the purpose of a legal process), or sent by post. We will send notices to you at the address you have supplied to us. You shall send notices to us at our registered office address.
If we fail to enforce any part of this Agreement, this will not be considered a waiver of the right to enforce that part.
18. Amendment of Agreement
We may amend, replace and/or vary the terms of this Agreement from time to time and such changes become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such amendments, replacements and/or or variations to the Agreement. If you do not agree to these changes in the Agreement, you must cease to use the Site and Services immediately. Your use of the Site and Services after changes have been made to the Agreement indicates your acceptance of any amendment, replacement and/or variation to the Agreement.
The Site and Service is owned and operated by Bundl.com.au Pty Ltd a company registered in Australia whose registered office is 133 Alexander St, Crows Nest, NSW 2065.
australian residents only
The products and services sold through Bundl’s Site and Services are available to residents of Australia only.