Standard Customer Terms and Conditions
noice.com.au is a subsidiary of Montré Australia Pty Ltd ACN 111067442
1. User agreement
1.1. Montré Australia Pty Ltd (ACN 111067442) is the owner and operator of noice.com.au (“Noice”).
1.2. By visiting and/or using the noice.com.au website, associated services and functionality (the “website“) you agree to be bound by this Terms and Conditions.
1.3 Acceptance of these terms and conditions constitutes an agreement (the “agreement”) which creates a legally binding contract between you and Noice.
1.4 The expressions “Noice“, “us“, “our“, “we“, means the owner and operator of www.noice.com.au. The expressions “you“, “user“, “member” and “visitor” means anyone who visits the website or transacts business on the website. The expression “Supplier” means those third party merchants who engage us to advertise their goods and services on our website.
1.5. Noice may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the website. We are not obliged to notify you prior to any changes we make to the website or to our terms and conditions.
1.6. You agree to use the website solely for your own private, personal use and you warrant that you are not using the website or purchasing any of the goods or services from the website for a commercial purpose.
1.7 If you do not agree to this agreement, you must not use the website.
2. Registration
2.1. In order to make purchases, submit comments and access some features of the website, you will need to be a registered member.
2.2. You may not use another member’s account without permission.
2.3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
3.1. By making a purchase on Noice, you also warrant that you are:
(a) over eighteen (18) years of age, and
(b) acknowledge that you are entering into a legally binding contract with us for the goods or services you purchase.3.2. Should Noice suffer any economic or reputational loss or damage, as a result of a transaction entered into by a minor, Noice reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of website services to You and Termination
4.1. Noice reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2. We may stop (temporarily or permanently) providing access to the website to you at our discretion and without prior notice to you.
4.3. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5. Disclaimer
5.1. We will provide services with due care and skill but we do not warrant to you that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the website;
5.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website;
5.1.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;
5.1.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.6. any interruption or cessation of transmission to or from our website;
5.1.7. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
5.1.8. the merchantability or fitness for any purpose of any good or service of any linked sites.
5.2. We do not warrant to you, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
5.3. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
5.3.1. in the case of goods:
5.3.1.1. the replacement of the goods or the supply of equivalent goods;
5.3.1.2. the repair of the goods;
5.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
5.3.1.4. the payment of the cost of having the goods repaired; and
5.3.2. in the case of services:
5.3.2.1. the resupply of our services, or
5.3.2.2. the payment of the cost of resupply of our services.
6. Use of website by you
6.1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
6.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Noice’s prior written consent.
6.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this website
7.1. Information about goods and services on the website is based on material provided by suppliers and product manufacturers and Noice does not check the truth of this information.
7.2. You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by manufacturers or suppliers.
7.3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8. Orders
8.1. Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
8.2. Orders placed by you are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
8.3. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
8.4. Once placed, you cannot cancel your order.
9. Price
9.1. The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
9.2. Prices of products are current at time of display but are subject to change.
10. Payment
10.1. All payments must be received in full prior to a voucher being issued. Please read the Payment section of the website for payment options.
10.2. If your payment is not received or declined by your bank or credit card issuer or Paypal, we cannot hold vouchers against your order.
11. Delivery of Noice Voucher
11.1. Your Noice voucher (for the product shown on your order confirmation) will be accessible via your account with Noice.
11.2. We cannot be held liable nor responsible for any loss suffered as a result of a Noice voucher not being received by you, for example, because the email was blocked by a firewall or filter, or where you told us the wrong email address.
12. Voucher redemption / Supply of product
12.1. The Noice voucher you purchase is redeemable for the specified product from the nominated supplier. The nominated supplier, not Noice, is the seller of the product and is solely responsible for honouring any Noice voucher you purchase.
12.2. Noice makes no guarantee, warranty or representation regarding the standard of any product to be provided.
12.3. The Noice voucher does not function as a stored-value card and cannot be redeemed incrementally.
12.4. Subject to clause 15, the Noice voucher cannot be exchanged or redeemed for cash.
12.5. The Noice voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the supplier.
12.6. Neither Noice nor the supplier is responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
12.7. If you have any complaints or problems with the supplier’s service, please bring this to the supplier’s attention as soon as possible. Noice is unable to assist in resolving disputes with suppliers.
12.8. Noice receives payments from suppliers whose products or services are promoted through the website.
13. Bookings and cancellations
13.1. All service products are offered by suppliers subject to availability. Some small group or individual “experience” products will require booking in advance. For all products, we recommend making bookings at least 2 weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
13.2. Bookings are made subject to any supplier policies.
13.3. If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your Noice voucher if the supplier is unable to fill your space.
13.4. Suppliers reserve the right to cancel and reschedule your booking due to unforseen circumstances. We cannot be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
14. Noice voucher expiry and extension
14.1. The Noice voucher expires on the date indicated on the voucher.
14.2. Expired vouchers are non refundable in whole or part. Once expired, Noice vouchers are no longer valid and will not be honoured by the supplier.
15. Refunds
15.1. Noice vouchers are non-refundable and cannot be exchanged or redeemed for cash because you have changed your mind, are unable to use the Noice voucher or the Noice voucher has been damaged, lost or stolen.
15.2. Noice will refund the purchase price or exchange the Noice voucher where we have made a mistake; for example, the Noice voucher we issued is not for the product that was advertised.
16. Complaints or problems
16.1. Noice has no liability (including loss or damage) for any act, omission or default, whether negligent or otherwise of any supplier or third party. Where Noice’s liability cannot be excluded, such liability is limited to the value of the Noice voucher purchased.
17. Noice’s liability
17.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content“) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
17.2. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.
17.3. To make any submission or contribution to this website, you must register to become a member. You do not have to register if you only want to view content.
17.4. As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account and you must not post (or allow content to be posted through your account that):
17.4.1. you do not have the right to post;
17.4.2. is defamatory or in contempt of any legal or other proceedings;
17.4.3. is misleading or deceptive;
17.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
17.4.5. denounces religious or political beliefs;
17.4.6. includes religious or political material which is or is likely to be offensive;
17.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
17.4.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
17.4.9. contains any unsolicited or unauthorised advertising or promotional material;
17.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
17.4.11. impersonates any person or misrepresents your relationship with any person.
17.5. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content without giving any reasons.
17.6. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
18. Links to third party websites
18.1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
19. Intellectual property
19.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
19.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
19.3. We do not claim ownership of content members submit. However, by contributing content to the website you automatically grant, and you represent and warrant to Noice that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
19.4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
20. Transfer and Assignment
20.1. If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
21. Indemnity
21.1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents 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 us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
22. General Provisions
22.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
22.2. This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and to the Federal Court of Australia sitting in Victoria.
22.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
22.4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
© This User Agreement is the property of Noice Pty Ltd ACN 111067442 and may not be used or copied without permission.
