Terms and Conditions

1. Introduction

www.superyard.com.au (“Website”) owned and managed by Superyard Online Pty Ltd (ABN 15 648 269 612) (“we,” “us,” or “our”) welcomes you.

If you have any questions about these terms of use (“Terms”), please contact us at support@superyard.com.au.

2. By Using Our Website You Accept These Terms

We offer you access to our applications, tools, and services (collectively “Services”) through our Website subject to the following Terms. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.

3. Definitions

“Agreement” denotes to these Terms and the Privacy Policy and other documents posted on the Website;

“Customer” refers to the user who accesses the website and browses for products and services;

“Customer Account” shall mean an electronic account opened for the customer for browsing Vendor products and availing various Services offered on the Website;
“Product” or “Item” refers to the product or goods available for sale by the registered Vendor to the customers on the Website;

“User”, “You” and “your” denotes the person who is accessing any service from us. User shall include your company, partnership, sole trader, person, body corporate or association taking services of this Website;

“Vendor” or “Seller” refers to the user accessing or registering with the website for creating its store on the website and offer various Products from the Website;

“Vendor Account” shall mean an electronic account opened by the user with on the Website to list its Products;

4. Changes To The Terms

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time. Your continued use of the Website following the posting of changes will mean that you accept and agree to the Changes.

5. Eligibility

Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

6. Electronic Communication

When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a return communication from us electronically in the same format and you can keep copies of these communications for your records.

7. Services

We provide you with a Website where a Vendor (registered) can browse for Products and publish their own Products online. It is a multi-vendor online marketplace for construction supplies related to the wider construction industry.

We are committed to operational excellence through features that suit small and large construction businesses including basic stock management system, internal vendor-to-vendor chat system and specific categories related to construction.

We may also provide links to other services including payment facilities, and logistics solutions. We do not take a commission or fee from these third-party vendors to offer these services.

8. Account

For accessing the Website and using certain Services, you may be required to provide specific information and to create a user ID and password to establish an account.

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

You accept that the details you provide about establishing an account are correct and that you will keep your details up to date. You are responsible for the security of all your usernames, passwords, and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorised or not) of your accounts. You agree to notify us immediately if you know or suspect that anyone other than you knows your user ID or password at support@superyard.com.au. We may at our discretion suspend or terminate any of your usernames and passwords at any time with or without notice.

9. Vendor Obligations

The Vendor takes full responsibility for all information it provides on the Website.

The Vendor shall be required to provide a registered business name for registration on the Website.

The Vendor shall indemnify us for all claims and liabilities arising out of any use by the Vendor of the Website, including costs and expenses incurred.

All information provided by a Vendor on the Website must be accurate and kept up to date. This includes the correct name, address, telephone number, Product availability and Product details. Details entered by the Vendor on the Website will be publicly visible and may appear in search engine results.

The Vendor authorises us to place a description of the Vendor (including but not limited to the description of its suppliers, where so directed by the Vendor) and description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product, and any applicable warranty terms).

10. User-generated Content

The Website permits you to post comments, feedback, publish, display, or transmit content or materials to other users (collectively, “User Contributions”). All User Contributions must comply with the content standards set out in clause 11 of these Terms.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, however by providing any User Contribution on the Website, you grant us and our service providers, and each of their licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards in Clause 11 of these Terms.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our service providers, and each of their licensees, successors, and assigns.
  • All your User Contributions do and will comply with these terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users, please contact us on support@superyard.com.au.

11. Content Standards

The content standards in this clause 11 apply to all User Contributions.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
  • uses or attempts to use another’s account, password, service, or system except as expressly permitted by these Terms or transmits viruses or other harmful, disruptive, or destructive files;
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer because of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to cancel user access to the Website without advanced notice.

12. Licence To Make Use Of Intellectual Property

When you supply content for the Website, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms or the rights of any other party.

The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.

13. User Responsibilities
  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
  • You will inform us about anything that is inappropriate, or you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website using any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
  • You will let us know about any unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
  • We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

If you receive a Product that does not meet the original offering as per the Vendor’s published details, please contact us immediately at our email: support@superyard.com.au.

14. Limitation Of Liability

In no event shall we or our owners, directors, employees, partners, agents, suppliers, or affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website or such other websites, including any indirect, incidental, special, special, incidental, consequential or punitive damages, including without limitation, , loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Website, including, but not limited to your User Contributions, your use of any information obtained from the Website and any use of the Website’s content, services and products other than as expressly authorised in these Terms.

15. No Responsibility

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our Website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our Website at any time; or
  • any errors in or omissions from our Website; or
  • any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our Website; or
  • any unauthorised access or loss of personal information that is beyond our control.
16. Errors, Inaccuracies, And Omissions

While the Website is provided on an “as is” and “as available” basis, every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

Although we make reasonable efforts to update the information on our Website, we do not guarantee that the images reflect the exact appearance of the Products as a certain colour difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.

17. Third-party Links

The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively for ease of access to you and not as an authorisation by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

18. Copyright And Trademark

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audio-visual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorised use of the Content may infringe copyright, trademark, and other laws.

You have no rights in or to the Content, and you will not take the Content except as allowed under these Terms. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide licence or sub-licence, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this clause, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

19. Force Majeure

We will have no liability to you, your users, or any third party for any failure by us to perform our obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control including, without limitation, an act of war or terrorism, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident or other force majeure event.

20. Termination

The Services provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all your Services subscriptions.

Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

21. Geographic Restriction

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

22. General

We shall have the right to assign or transfer this agreement to any third party at our sole discretion.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

The Terms will be governed by and construed under the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. The courts of New South Wales shall have exclusive jurisdiction over any dispute arising from the use of the Website.

Last Modified: 21 June 2022

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