ShopAhead for Business Owners
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Vendor - Terms & Conditions
Business Vendor's using the ShopAhead™ systems acknowledge that the following conditions of use shall apply and they agree that they are bound by the following terms and conditions.
- By authorising the registration agreement, the business owner and or authorised management (now referred to in this agreement as the Vendor), undertakes to honour a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit which is purchased by the customer (now referred to in this agreement as the Purchaser) and for the amount on the ShopAhead online Gift Voucher, Event Ticket and or Event Deposit confirmation, when presented to the venue described on the ShopAhead online Gift Voucher, Event Ticket and or Event Deposit.
- This Agreement commences from the date the Vendor registers with ShopAhead.
- This Agreement will continue for a period of 24 months from the date of commencement (the "Initial Term").
- Upon expiry of the Initial Term this agreement will not terminate but will automatically renew for subsequent terms of 24 months ("Renewal Term") until a party gives written notice to terminate of not less than 3 months (60 days) in which event the agreement will terminate on the expiry of the then current.
- During the currency of this Agreement, ShopAhead will maintain the ShopAhead website, ShopAhead online Gift Voucher, Event Ticket and or Event Deposit buttons and relationships with the ShopAhead affiliate network to allow the general public to purchase ShopAhead online Gift Voucher/s, Event Ticket/s and or Event Deposit/s from the ShopAhead website, made available only by the Vendor.
- By authorising this registration agreement you consent to ShopAhead to provide all the necessary requirements and working with your team to become a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit client.
- ShopAhead will provide you with a username and password to access your ShopAhead Dashboard from which you the Vendor can access data and statistics of your sales, and to create online Gift Vouchers, Event Tickets and or Event Deposits.
- ShopAhead will provide monthly statements of sales and commissions paid.
Fees and Payments
- The vendor agrees to the commissions stated of the amounts and payable on the dates set out in below plus other optional services agreed from time to time between ShopAhead and the vendor.
- ShopAhead charge a commission of 10% + GST of the ShopAhead online Gift Voucher/s, Event Ticket/s and or Event Deposit/s after redemption. The commission fees are automatically deducted from the purchase immediately in accordance with this Agreement.
- ShopAhead will transfer payment for redeemed ShopAhead online Gift Voucher/s, Event Ticket/s and or Event Deposit/s within 7 days after the last date of each month into the nominated bank account.
- ShopAhead will issue a monthly statement to be sent via email to the vendor.
- It is the Vendor's responsibility to payout refunds for purchased Event Tickets and Event Deposits less 10%+GST and booking fee if applicable, to the purchaser prior to the event date. ShopAhead will pay the commission to the Vendor as per Fees and Payments - 3.
- Bank Account Details: The vendor's bank account details are required in the registration agreement so that the agreed monthly payments from ShopAhead can be processed.
- ShopAhead reserves the right to vary its fees or service offering on one month (30 days) written notice to you.
- ShopAhead Gift Voucher commissions are paid out only after redemption.
- ShopAhead Event Ticket commissions are paid out for the total amount sold less the ShopAhead commission after more than 85% of purchased Event Tickets have been redeemed. If less than 85% of Event Tickets are redeemed the Vendor must provide proof that the ticketed event took place.
- ShopAhead Event Deposits commissions are paid out only after redemption.
Obligations of the Vendor
- The vendor must take all reasonable care in descriptions of products and services. No claims should be made which cannot be demonstrated to ShopAhead online Gift Voucher/s, Event Ticket/s and or Event Deposit holders on arrival or on delivery
- Manage availability of Event Ticketing . refer to ShopAhead User Guide.
- Train staff to efficiently use the ShopAhead Dashboard and redemption process . refer to ShopAhead User Guide.
- Not to reject any ShopAhead online Gift Voucher, Event Ticket and or Event Deposit purchased if there is availability within the vendor premises.
- During the term the vendor must not: directly or indirectly accept or distribute any aggregated gift voucher/certificate or physical or digital voucher and/or event ticket, or similar payment mechanism or product, other than those issued by ShopAhead and its affiliates, and then only in accordance with the term and conditions of this agreement, except in the event where an existing supplier is providing this service to the merchant.
- Allow ShopAhead to access information relating to any purchases made directly with you or via the ShopAhead buyer button for the purposes of aggregating such information for analytical purposes.
- It is a material clause of this contract that the Vendor exclusively promotes the ShopAhead Buyer Buttons on the Vendor's website to allow the purchase of ShopAhead online Gift Voucher/s, Event Ticket/s and or Event Deposit/s
- Provide ShopAhead with at least two week's (14 days) advance notice in writing of any permanent closure or sale of the business, or any extended closure due to fire, renovation, etc. ShopAhead shall not be responsible for contacting ShopAhead online Gift Voucher, Event Ticket and or Event Deposit holders made for dates after the closure or sale. The Vendor shall be responsible for honouring such purchases as per the clause in Fees and Payments 2 &3, within this agreement.
- The refundable amount that the Vendor pays out to a purchaser is the full amount less 10%+GST as per fees and payments - 5
- In the situation where a guest purchases a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit via the ShopAhead Buyer Button and the guest loses, or misplaces the Gift Voucher, Event Ticket and or Event Deposit confirmation, the vendor must check the ShopAhead dashboard to verify the purchase and accommodate the guest, a redemption can be made by notifying email@example.com.
- Every purchase of a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit must be honoured providing the customer has; A) Informed the vendor with a booking for the use of Gift Voucher/s. B) Purchased an event ticket. C) The ShopAhead online Gift Voucher, Event Ticket and or Event Deposit is within the validity date issued at the time of purchase. D) Sufficient identification to match the ownership of the ShopAhead online Gift Voucher, Event Ticket and or Event Deposit in the case of the purchaser having lost or misplaced their ShopAhead item details.
Warranties of the Vendor
- The vendor owns or has the right to use all artwork, text, photos, trademarks or other materials provided by ShopAhead for the purpose of marketing.
- The content (marketing information) that you provide to ShopAhead for the term of this agreement does not contravene any laws, statutes, regulations or any agreements which you have with any third party, and will not be obscene, indecent, defamatory, misleading or deceptive in nature.
ShopAhead Network Content
- The "ShopAhead Network" comprises websites owned or operated by ShopAhead and the websites of ShopAhead affiliate advertising partners.
- You grant ShopAhead full permission for your ShopAhead buyer button to be placed on your listing on any third party website in the case of an affiliation for the purchase of a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit.
- All other content on websites owned by ShopAhead belongs to ShopAhead.
- You further grant ShopAhead a free licence to promote, use, reproduce, modify and adapt the ShopAhead Buyer Button for the purpose of providing the sale of ShopAhead online Gift Voucher, Event Ticket and or Event Deposit.
Confidentiality / Database Ownership
- Both parties hold each other's Confidential Information in strict confidence and may not make or suffer or permit the making of any disclosure (whether direct or indirect) of that information or any part of it without the other's prior written consent. This specifically relates to fees, performance statistics and purchaser details.
- Ownership of purchaser database
- Details of guests who have purchased a ShopAhead online Gift Voucher, Event Ticket and or Event Deposit from the ShopAhead Buyer Button on a vendor website or the ShopAhead website and network will form part of the confidential information of both ShopAhead and the Vendor.
ShopAhead may terminate this agreement immediately by written notice to the Vendor:
- if the Vendor fails to make any payment due to ShopAhead purchasers requesting a refund.
- if the Vendor fails to perform or observe or breaches any obligation or undertaking contained in this Agreement and does not remedy the failure within 14 days of receiving written notice from ShopAhead; or
- if the Vendor fails to exhibit a standard and quality of service or care which in the sole discretion of ShopAhead is necessary to maintain the reputation of ShopAhead online Gift Vouchers, Event Ticketing and or Event Deposits, the Vendor acknowledging the maintenance of which is of fundamental importance to the ongoing success of ShopAhead.
- The Vendor may terminate this agreement immediately by written notice to ShopAhead.
- if ShopAhead fails to perform or observe or breaches any obligation, undertaking or agreement contained in this Agreement and ShopAhead does not remedy the failure within 14 days of receiving a written notice from the Vendor.
- Upon termination of this Agreement for any reason:
- ShopAhead will immediately deactivate the ShopAhead Buyer Button and terminate access to the ShopAhead dashboard.
- The Vendor must immediately pay ShopAhead all amounts due without any set off or deductions.
- ShopAhead shall not be responsible for contacting ShopAhead online Gift Voucher, Event Ticket and or Event Deposit purchaser's made for dates after termination. The Vendor shall be responsible for honouring such reservations as per the Voucher Guarantee.
The Vendor must take all reasonable care and responsibility in descriptions of products and services. No claim can be made which cannot be demonstrated to ShopAhead online Gift Voucher, Event Ticket and or Event Deposit holders on arrival.
Cooling Off Period
The registration agreement is subject to a cooling off period of 5 days during which you may cancel this agreement without penalty. If you wish to cancel the ShopAhead registration agreement, you must do so by written notice delivered by hand, mail, fax or email to ShopAhead address contained in this agreement.
Governing Law and Jurisdiction
This Agreement is governed by the laws of Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of QLD and waives any claim or objection based on absence of jurisdiction or inconvenient forum.
Suppliers agree to use www.shopahead.com.au only for lawful purposes. Users are prohibited from posting on or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law whatsoever.
ShopAhead™ reserves the right to discontinue the supply of a product and this shall be at its sole discretion.
Copyright and Trademarks
All information, text, graphics, photographs and other material displayed on www.shopahead.com.au are protected by copyright. The name; ShopAhead™ is a proprietary product name. Reproduction or distribution without written permission is prohibited. All rights reserved.
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