Terms & Conditions
1. User agreement
1.1. By visiting and/or using the Antmart website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”)
1.2. This agreement is formed between you and Ant Hill Enterprises Pty Ltd (ACN 097 626 947) of 501/217 A’Beckett Street, Melbourne, Victoria, Australia (“us”, “our”, “we”). “you”, “user”, “member” and “visitor” means anyone who visits this website.
1.3. If you do not agree to any provisions of this agreement, you must not use the website.
1.4. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
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. For promotional purposes we may display the usernames of the last few orders received. This will be in the form of – “username (Xth order) just bought nnnn”. We recommend not using your real name or email address as your username.
2.5. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.6. 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 an on-line purchase you accept these terms and conditions and acknowledge that you:
3.1.1. are over eighteen (18) years of age, and/or
3.1.2. are entering into a legal contract with us.
3.2. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve 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 / Termination
4.1. We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) 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, or to visitors or members generally, 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.
5.1. We will provide services with due care and skill but we do not warrant 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. We do not warrant, 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.
5.2. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.antmart.com.au/ with no characters before or after “www.antmart.com.au”.
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:
184.108.40.206. the replacement of the goods or the supply of equivalent goods;
220.127.116.11. the repair of the goods;
18.104.22.168. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
22.214.171.124. the payment of the cost of having the goods repaired; and
5.3.2. in the case of services:
126.96.36.199. the resupply of our services, or
188.8.131.52. the payment of the cost of resupply of our services.
6. Use of website by you
6.1. You agree to use the website only for purposes that are permitted by:
6.1.1. this agreement;
6.1.2. any applicable law or regulation; and/or
6.1.3. generally accepted practice or guidelines.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.6. 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 (product) on the website is based on material provided by suppliers and product manufacturers.
7.2. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
7.3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
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. In the event that we cancel your order, we will provide a full refund of any payment received.
8.4. You understand and agree that once placed, you cannot cancel your order.
9.1. The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
9.2. Prices are current at time of display but are subject to change.
10.1. All payments must be received in full prior to a voucher being issued.
10.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold vouchers against your order.
11. Delivery of Antmart Voucher
11.1. Subject to this agreement, we will provide you with an Antmart voucher for the product shown on your order confirmation.
11.2. Antmart vouchers are only delivered by email.
11.3. We cannot be held liable nor responsible for any loss suffered as a result of an Antmart 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 Antmart voucher you purchase is redeemable for the specified product from the nominated supplier. The nominated supplier, not Ant Hill Enterprises Pty Ltd, is the seller of the product and is solely responsible for honouring any Antmart voucher you purchase.
12.2. Ant Hill Enterprises Pty Ltd makes no guarantee, warranty or representation regarding the standard of any product to be provided. All Antmart vouchers are issued subject to these terms and conditions and any additional terms and conditions of the supplier. You agree and acknowledge that Antmart does not control the business operations of the supplier.
12.3. The Antmart voucher does not function as a stored-value card and cannot be redeemed incrementally.
12.4. Subject to clause 15, the Antmart voucher cannot be exchanged or redeemed for cash.
12.5. The Antmart voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the supplier.
12.6. Neither Ant Hill Enterprises Pty Ltd nor the supplier is responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
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 purchases where a booking is required, we recommend making bookings at least two 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 or postpone your purchase you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your Antmart voucher if the supplier is unable to fill your space.
13.4. Suppliers reserve the right to cancel and reschedule your booking or postpone your purchase due to unforseen circumstances. We cannot be held liable for such events and we will not reimburse you for any expenses incurred by you or any other person.
14. Antmart voucher Expiry and Extension
14.1. The Antmart voucher expires on the date indicated on the voucher.
14.2. Expired vouchers are non refundable in whole or part. Once expired, Antmart vouchers are no longer valid and will not be honoured by the supplier.
14.3. Extension of time to use Antmart vouchers is not permitted under any circumstances.
15.1. You understand and agree that Antmart vouchers are non-refundable and cannot be exchanged or redeemed for cash, for example, because you have changed your mind, are unable to use the Antmart voucher or the Antmart voucher has been damaged, lost or stolen.
15.2. We will refund the purchase price or exchange the Antmart voucher where we have made a mistake; for example, the Antmart voucher we issued is not for the product that was advertised.
16. Complaints or Problems
16.1. If you have any complaints or problems with the supplier’s service, please bring this to the supplier’s attention as soon as possible. We are unable to assist in resolving disputes with suppliers.
17. Ant Hill Enterprises Pty Ltd’s liability
17.1. Ant Hill Enterprises Pty Ltd has no liability (including loss or damage) for any act, omission or default, whether negligent or otherwise of any supplier or third party. Where Ant Hill Enterprises Pty Ltd’s liability cannot be excluded, such liability is limited to the value of the Antmart voucher purchased.
18. Responsibility for user-submitted content
18.1. 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.
18.2. 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.
18.3. 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.
18.4. As a member, you agree that you are responsible for ensuring any content submitted, posted or made available through the website via your account, does not break any laws and conforms to this agreement and our published policies and rules.
18.5. This website is not intended to be a vehicle for free advertising. Any advertising or promotion via this website must be approved in writing by us first.
18.6. You agree not to submit content that is false, defamatory, abusive, vulgar, rude, hateful, harassing, obscene, profane, racist, sexist, homophobic, threatening, invasive of a person’s privacy or otherwise in violation of any law. Content should be “family friendly” ie. G or PG rated.
18.7. You agree not to submit content that is copyrighted or otherwise subject to third party intellectual property rights or infringes another person’s legal rights unless you are the owner of such rights or have permission from the rightful owner to submit the content and to grant us all of the licence rights granted by this agreement.
18.8. We take seriously allegations that content breaks any law or infringes any person’s legal rights. You agree to assist us if we make any reasonable enquiries into content that may be of concern to us.
18.9. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content without giving any reasons.
18.10. 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.
19. Links to third party websites
19.1. 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.
20. Intellectual property
20.1. 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, trademarks, logos, domain names or other distinctive brand features.
20.2. 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.
20.3. You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
20.4. We do not claim ownership of content members submit. However, by contributing content to the website you automatically grant, and you represent and warrant 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.
20.5. You grant each user of the website a non-exclusive licence to view and download your content through the website for personal use only.
20.6. 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.
21. Transfer and Assignment
21.1. In the event that 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.
22.1. 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.
23. Force majeure
23.1. 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.
24. Applicable law
24.1. This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.
24.2. 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.
25.1. 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.
26. Privacy and personal information
26.1. We do not collect personal information if you only browse this website.
26.2. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
26.3. Online payments are handled by Paypal external third party service provider. We do not see or store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures.
26.4. Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
26.5. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
26.6. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
26.6.1. you have consented;
26.6.2. you would expect us to or we have told you we will;
26.6.3. it is required or authorised by law;
26.6.4. it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
26.6.5. the disclosure is reasonably necessary for law enforcement.
26.7. You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
26.8. Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us at: Ant Hill Enterprises Pty Ltd, PO Box 1093 Camberwell VIC 3124.