SAVINGS SIDEKICK (ABN 47 625 431 050)

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order.
our privacy policy (on our website) which sets out how we will handle your personal information;
clause 3(d) (Variations) which sets out how we may amend these Terms;
clause 5 (Subscription) which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews;
clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms; and
we may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain goods or services on our Platform.
Please note that the stores advertised on our website are not directly affiliated with our company. We do not have any formal partnership, endorsement, or association with these companies. The discounts mentioned are provided by the individual stores and are subject to their own terms, conditions, and availability. We cannot guarantee the availability or accuracy of the discounts as they may vary or be withdrawn at the store’s discretion.

Nothing in these terms limit your rights under the Australian Consumer Law.

1 Introduction

(a) This website (savingssidekick.com.au) (Site) is operated by Savings Sidekick (ABN 47 625 431 050) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

(b) We also provide a cloud-based platform where you can get access to a range if discounts from our partners when you subscribe to our platform (Platform). Where you have a subscription to our Platform these Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Platform unless you agree to these Terms

2 Use of the Site and Platform

(a) You accept these Terms by:

placing an order via the Site; or
signing up for an Account. Where you have an Account these Term last until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Platform for this period of time only.

(b) Subject to your compliance with these Terms, we will provide you with access to our Platform and Site.

(d) When using the Site or Platform, you (and your Authorised Users) must not do or attempt to do anything that is unlawful or inappropriate, including:

anything that would constitute a breach, infringement or improper use of an individual’s rights ( for example any intellectual property rights or privacy rights), or gives rise to any civil or criminal liability;
using the Site or Platform to defame, harass, threaten, menace or offend any person;
using the Site or Platform for unlawful purposes;
interfering with any user of the Site or Platform;
tampering with or modifying the Site or Platform (including by transmitting viruses and using trojan horses);
using the Site or Platform to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform attempt to access any data or log into any server or account that you are not expressly authorised to access;
use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
facilitating or assisting a third party to do any of the above acts.

(e) We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

(f) Where we require access to your premises or computer systems in order to provide our Platform, you agree to provide us with such access free from risk to the safety of our employees and contractors.

(g) Third Party Products or Services: Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide.

(h) Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform or Site after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Subscription:

you will no longer be able to access our Platform on and from the date of cancellation; and
if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the Subscription Period remaining.

3 Accounts

(a) You may purchase products from our Site with or without an Account.

(b) You must have an Account to access and use our Platform.

(c) You may invite Authorised Users to access and use our Platform under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.

(d) While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

keep your information up-to-date (and ensure it remains true, accurate and complete);
keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

(e) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(f) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4 Subscription

(a) Once you have created your Account, you may choose a Subscription.

(b) The Subscriptions we offer will be set out on our Platform, including details of each Subscription’s features and limitations, Subscription Fees, Subscription Periods and any Subscription discounts.

(c) During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out on our Platform (Billing Cycle).

(d) By purchasing a Subscription, you will be able to or access discount codes for our products and events from our partners as displayed on the Platform. You may also be able to enter trade promotions we run from time to time.

(e) From time to time, we may run promotional offers which add additional value to the Subscriptions. These may include discounted fees, additional entries to trade promotions we are running. You may choose to use your payment details saved on your Account or you can use any other payment method available on our Platform or Site to make the purchase. Additional terms associated with any promotions will be set out on our Site.

(f) You will be billed for any Subscription Fees due at the beginning of each Billing Cycle. Our payments methods will be set out on our Site. If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Site).

(g) You must not pay, or attempt to pay, any Subscription Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account in accordance with your chosen Subscription tier, and you confirm that you are either the holder or an authorised signatory of that bank account.

(h) Your Subscription may begin with a free trial, which if applicable, will last for the period specified in your Account (Free Trial Period). Free trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. If you don’t cancel your Subscription before the end of the Free Trial Period, the Billing Cycle will commence on the date after the Free Trial Period and the Subscription Fee is payable.

(i) Cancellation: Your Subscription will continue for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same Subscription Period. If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends).

(j) Late Payments: If any Subscription Fees are not paid on time, we may:

(1) suspend your access our Platform (including access to our Platform); and

(2) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

(k) Taxes: You are responsible for paying any levies or taxes associated with your use of our Platform, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

5 Availability, Disruption and Downtime of Platform

(a) While we strive to always make our Platform and Site available to you, we do not make any promises that these will be available 100% of the time. Our Platform and Site may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

(b) Our Platform and Site may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

(c) We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Platform and Site.

6 Orders

(a) You may order products from us as set out on the Site without a Subscription or Account. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

7 Price and payments for one-off purchases on our Site

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Stripe, Google Pay or Apple Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We may from time to time issue promotional discount codes for certain products on the Site.

(f) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(g) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

8 Delivery, title and risk

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(d) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9 Australian Consumer Law

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

(c) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

10 Liability

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

We will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with your computing environment or any use of our Platform by a person or entity other than your Authorised Users;
neither Party will be liable for Consequential Loss;
each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis having regard to the amount of the Price paid and the period of time)

(b) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

11 Intellectual property and data

(a) We own all intellectual property rights in our Platform and our Site). This includes how our Platform and Site look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform or Site.

(b) We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

(c) We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform or Site, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account or have made a purchase with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

supply our Platform or Site to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Platform), and otherwise perform our obligations under these Terms;
diagnose problems with our Platform and our Site;
improve, develop and protect our Platform and our Site;
send you information we think may be of interest to you based on your marketing preferences;
perform analytics for the purpose of remedying bugs or issues with our Platform or Site; or
perform our obligations under these Terms (as reasonably required).

(d) You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

(e) You are responsible for (meaning we are not liable for):

the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
backing up Your Data.

(f) When you use our Platform or Site, we may create anonymised statistical data from Your Data and usage of our Platform or Site (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Platform or Site, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

(g) If you do not provide Your Data to us, it may impact your ability to access our Platform or Site.

12 Confidential Information and Personal Information

(a) While using our Platform or Site, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

(b) However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

(c) We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

(d) You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

(e) We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

(f) Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

13 Termination

(a) We may suspend your access to our Platform where we reasonably believe there has been any unauthorised access to or use of our Platform (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Platform will end.

(b) We may terminate these Terms (meaning you will lose access to our Platform, including access to your Account, and any Subscription will be cancelled) if:

you fail to pay your Subscription Fees when they are due;
you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
you or your Authorised Users breach these Terms and that breach cannot be remedied; or
you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
we breach these Terms and that breach cannot be remedied, and

if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

(d) You may also terminate these Terms at any time by notifying us through your Account or to our email (as set out at the end of these Terms), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.

(e) Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

(f) Termination of these Terms will not affect any other rights or liabilities that we or you may have.

14 User Content

(a) You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.

(b) If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.

(c) You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

15 General

(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(f) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

(g) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

16 Definitions

Account means an account accessible to the individual or entity who signed up to our Platform or Site, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the Platform through your Account.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to.

Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.

Subscription Fees means the fees you pay to us to access your chosen Subscription.

Subscription Period means the duration of your Subscription (such as monthly, weekly or as otherwise set out on our Platform).

(a) Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Platform or Site or stored by or generated by your use of our Platform, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Platform or Site. Your Data does not include any data or information that is generated as a result of your usage of our Platform or Site that is a back-end or internal output or an output otherwise generally not available to users of our Platform or Site.

For any questions and notices, please contact us at:

Email: support@savingssidekick.com.au