Member Terms & Conditions
Terms last updated on : 30/12/2017
Thank you for visiting Small Ideas VIC website.
These Terms & Conditions apply to the use of Small Ideas VIC website found at https://smallideas.com.au/ and specifically refer to the following products and services which may be purchased or accessed via Small Ideas VIC website:
- Digital Membership– delivering access to special offers, discounts, deals from vendor operators/businesses– subscription from the date of joining.
- Small Ideas Gift Vouchers
Throughout these Terms & Conditions, the above products and services are collectively referred to as ‘Small Ideas VIC Products’.
2 Acceptance of Terms & Conditions
You should not purchase/use Small Ideas VIC products until you have read, understood and accepted Small Ideas VIC Terms & Conditions. When you purchase and/or use Small Ideas VIC products, you are required to mark the box that states ‘I understand and accept the Terms & Conditions, thereby acknowledging that you are legally bound by Small Ideas VIC Terms & Conditions. Any queries you may have concerning Small Ideas VIC Terms & Conditions should be directed to firstname.lastname@example.org
3 Accessing the Site
As a member, you acknowledge and agree that although Small Ideas VIC will use all reasonable efforts to ensure that the products and services are available, temporary interruptions of the products and services available through the website may occur. Small Ideas VIC shall not be liable to any person or entity for loss or damage incurred by such downtimes.
All content, services and products provided on or through this website are provided “as is” and “as available” for member use. The content is provided without warranties or conditions of any kind either express or implied.
Small Ideas VIC reserves the right to withdraw or amend the products and services it provides on the website without notice. Small Ideas VIC may restrict access to some parts of, or the entire website from time to time.
4 Product Refunds and Membership Transfers
If you have purchased Small Ideas VIC Digital membership or gift voucher from Small Ideas VIC and you are not completely satisfied with your choice, you can request a refund of the membership or gift voucher within 14 days of the purchase date. The refund excludes any delivery or transaction fees paid at the time of purchase. Only the purchaser is entitled to a refund.
Refunds are only permitted for valid memberships or gift vouchers that have not been in any way, wholly or partially, used or redeemed. The refunds will be processed back to the purchaser only. After 14 days from the purchase date have passed, no refunds will be granted.
Small Ideas VIC Digital memberships cannot be transferred to third parties at any time without the written approval of Small Ideas VIC. Small Ideas VIC has the right to review each individual request for a transfer of membership and may at its sole discretion accept or deny the request for transfer of membership.
5 Legal Guarantees and Warranties
Small Ideas VIC complies with Australian Consumer Law in respect of guarantees and warranties for Small Ideas VIC products and services.
In respect of Small Ideas VIC memberships, independent vendor operators provide the products and/or services to you following the redemption of an offer/discount voucher. The independent vendor operators accept responsibility for compliance with the Australian Consumer Law in respect of these products and/or services i.e. the product or service was provided with due skill and care and complied with the description provided to the purchaser at the time of purchase. Small Ideas VIC is not the provider of the product or service; see 10 Vendor Operator Offers/Discount, Products or Services
Small Ideas VIC reserves the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia.
7 Replacement Gift Vouchers
Small Ideas VIC accepts no responsibility for any stolen or fraudulent gift vouchers.
If a Small Ideas VIC gift voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them under the following conditions:
- The voucher is still valid and has not yet been exchanged or used.
- Proof of purchase is provided; either an order number, member’s full name or member’s email address.
- Small Ideas VIC is able to correctly confirm the member as the original purchaser.
Please note it is the voucher purchaser’s responsibility to provide Small Ideas VIC with all required verification details. Inability to do so will mean no replacement voucher can be issued.
8 Expiry & Extensions: Gift Vouchers
Small Ideas VIC gift vouchers must be redeemed within 3 months of purchase or as otherwise stated. Once a voucher has expired, Small Ideas VIC is under no obligation to offer an extension; however, such requests will be assessed on an individual basis. Extension requests are considered carefully by Small Ideas VIC. Any extension request for a voucher that is over 3 months past the expiry date will not be considered.
Expired vouchers are non-refundable in whole or in part. After a voucher has expired, it is no longer valid and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Small Ideas VIC. The expiry date is clearly displayed on all gift vouchers.
It is the recipient of the gift voucher’s responsibility to redeem the gift voucher through Small Ideas VIC website by purchasing a Digital membership and using the gift voucher redemption code as payment for the membership, once the Digital membership transaction has been successfully processed, the gift voucher recipient will become a Small Ideas VIC member and able to save and redeem offers through the member’s portal. Instructions for redemption are on the gift vouchers.
9 Delivery of Digital Memberships and Gift Vouchers via Email
Small Ideas VIC is not liable or responsible for any loss suffered as a result of a Digital Membership and/or Gift Vouchers via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. Should the member not receive the emailed Digital Membership and/or Gift Voucher, the member should contact Small Ideas VIC immediately to have Digital Membership and/or vouchers sent to an alternative email address on [connect@smallideasVIC.com.au](mailto:connect@ smallideasVIC.com.au).
10 Vendor Operator Offers/Discount, Products or Services
Small Ideas VIC cannot guarantee nor will it be responsible for a pleasurable fun family experience or outcome as a result of using information on the website or purchasing products from Small Ideas VIC as such experience or outcome would be subjective to the user.
Digital Memberships are sold by Small Ideas VIC to provide its members offers, discounts and deals for vendor operators that provide family orientated products or services.
Small Ideas VIC is not an operator of any services or products operated by vendors and has no responsibility for any services or products provided or not provided by the operator or any other party. Small Ideas VIC does not control the business operations of any product or service operator.
The vendor operators provide products and services directly to members. Small Ideas VIC makes no guarantee or warranty about the product or services that are provided to members by the vendor operators. Small Ideas VIC makes no warranty or representation regarding the standard of any product or service being provided, that it is fit for any purpose or that the product is of merchantable quality.
All Small Ideas VIC Digital membership offers/discounts are issued subject to the Terms & Conditions of each product and service operator and Small Ideas VIC Terms & Conditions.
Small Ideas VIC vendor operators submit and manage their own listings, offers and discounts on Small Ideas VIC website, such listings, offers and discounts can be added and/or removed by vendor operators and/or Small Ideas VIC at any time. Small Ideas VIC cannot guarantee that a vendor listing, offer and or discounts will be available throughout a member’s 12 month membership period and no refunds will be given for a vendor removing or being removed from Small Ideas VIC Digital Membership program during the member’s membership period.
Small Ideas VIC cannot be held liable or accountable for inaccurate vendor listing information, offers or discounts submitted by the vendor operator to Small Ideas VIC website and Digital membership program.
Small Ideas VIC accepts:
No liability for any act, omission or default, whether negligent or otherwise of any product and service operator, vendor, provider or third party.
No liability for any loss or damage occasioned by any negligent act or omission of any product and service operator, vendor, provider or third party.
Where The Fun Family Project liability cannot be excluded, such liability is limited to the value of the Membership and/or Gift Voucher purchased.
12 Complaints Process
If the members have concerns or complaints on the day of delivery of the service or product, where possible they should address this with the operator/vendor at the time so that any such issues can be resolved immediately. If the concern or complaint is in regard to Small Ideas VIC please address all complaints via email – email@example.com
13 Availability of Product and Services
All offers/discounts for and products and services offered by vendor operators are subject to availability. It is recommended that bookings be made via vendor operator website and/or contact details in advance. For peak periods such as weekends and holidays, it is advisable to book early.
Many products and services are weather dependent. The members will have the products and services operator’s details. It is recommended that they contact the vendor operator to enquire whether adverse weather will affect the delivery of the product or service.
All Small Ideas VIC vendor operators are subject to removal from Small Ideas VIC website and membership program at any time without notice. Small Ideas VIC accepts no liability for the removal of an operator or their product or services from the website. In the event that an operator is removed from the site and the product or service operator is no longer honouring bookings, members will not be entitled to a refund of their membership with Small Ideas VIC.
Small Ideas VIC promotes offers/discounts to vendor operator products and services which may be considered dangerous. The members should make their own independent enquiries as to the risk involved before redeeming any offers/discounts of any such product or service. The product or service vendor operator warrants that it maintains appropriate public liability insurance for all risks associated with its business and service provision. Small Ideas VIC makes no warranty or representation about vendor operator’s business, products or services whatsoever. Members are responsible for making their own independent enquiries with regard to the service or product provided by the vendor operator and as to a need to acquire their own insurance cover.
15 Products and Services Description, Illustrations and Location
The vendor operators of products and services offered on the Small Ideas VIC website provide the listing information, offers and discounts on the website. They provide details of the product and services they offer and the offers and discounts they offer to Small Ideas VIC Members. While Small Ideas VIC endeavors to ensure that Small Ideas VIC promotional information is accurate and up-to-date. The description of some products and services may change periodically. Members’ redemption of any vendor offers/discounts and/or participation in any product or service is conditional upon members’ acceptance of the vendor operator’s Terms & Conditions.
The photographs used on Small Ideas VIC website to illustrate products or services are provided to Small Ideas VIC by the vendor operators and are used as an indication only of the product and service they offer..
Small Ideas VIC “Australia wide/On-line Only” vendor operators are located at many locations around Australia or available Australia-wide on the internet. Small Ideas VIC at times may need to stop featuring some locations. Accordingly, some vendor operator offers/discounts of products and services may not be available in all areas. Where locations are described as “Australia-wide/On-line Only” the description is indicative only and members should refer to the terms and conditions on each individual offer/discount provided by vendor operators
16 Products and Services – Restrictions
Some offers/discounts to products and services provided by vendor operators are subject to restrictions i.e. minimum age, weight, health or other limitations. These restrictions are stated on the applicable operator’s terms and conditions via the vendor’s website. Such information should be read and considered carefully. It is the member’s responsibility to ensure that he/she/it/they understand any such restriction before redeeming offers/discounts for the vendor operated product or service.
17 Promotional Offers or Promotional Codes
Small Ideas VIC offers promotional discounts and special offers from time to time. By redeeming any of Small Ideas VIC promotional codes or promotional offers, the member agrees to accept and comply with all of the following terms and conditions of use:-
- Small Ideas VIC reserves the right to remove any promotional offer or code without notice at any time.
- Promotional offers and codes cannot be used in conjunction with gift vouchers.
- If the member has been provided with a valid promotional code, he/she/it/they must enter it into the designated field at the final payment screen where prompted. Otherwise, the discount will not be applied.
- Promotional offers and codes must be used before the designated expiration date and cannot be combined.
- Unless otherwise specified, promotional codes may only be used once per person. Where multiple promotional codes are offered, only one can be used per transaction. Where multiple discounts apply, the member will receive the maximum discount available.
- Small Ideas VIC reserves the right to verify the validity of a promotional code used at any time. The member is not authorised to disclose the discount /code information to third parties. This information is for members use or access only. If there has been or there is some reason to believe there has been any unauthorised use or disclosure of the discount / code, Small Ideas VIC will immediately cease all activity on the relevant membership account.
18 Use of Small Ideas VIC Products
Members agree that Small Ideas VIC products and in particular Digital memberships are explicitly registered to the purchaser of such membership and only this purchaser may access vendor listings and/or redeem offers/discounts available through his/her/their membership(s) by vendor operators.
Members agree that they may not disclose, share or provide their membership details, vendor listings, offer/discounts to any third parties and should members be found to be sharing or providing membership details, vendor listings, offer/discounts to any third parties, this will result in immediate termination of the member’s access to the website, and/or member membership, and suspension of the member access to products and services.
Small Ideas VIC products and in particular Digital memberships may only be used by the registered members and their immediate family. Immediate family can include spouse/partner and biological or adopted children. To be eligible, all family members must have the same address as the member at the time of purchase.
Small Ideas VIC vendor operators may validate a Digital membership prior to redemption of any offered/discounts vouchers by asking the person/s using the Digital Membership to show their driver’s licence or valid ID.
The member agrees that Small Ideas VIC may, at any time and at its sole discretion, with or without cause or any notice to the member, terminate these terms & conditions, the member’s access to the website, and/or member registration, or suspend or block member access to products and services. Small Ideas VIC shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Small Ideas VIC in connection therewith. If applicable law requires Small Ideas VIC to provide notice of termination or cancellation, it may give prior or subsequent notice by posting it on the website or by sending a communication to any address (email or otherwise) that it has for the member in Small Ideas VIC records.
By using the Site, the member accepts that communication with Small Ideas VIC will be mainly electronic. Small Ideas VIC will contact the member by email or provide the member with information by posting notices on the website. ** ** The member acknowledges that all contracts, notices, information and other communication Small Ideas VIC may provide electronically comply with any legal requirements that such documents are in writing. Notice will be deemed received and properly served immediately when posted on the website, 24-48 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
21 Change of Ownership
If, during the membership period, Small Ideas VIC sells its business and/or database, changes its effective control of the business or ceases to trade, Small Ideas VIC shall give fourteen (14) days prior written notice of such change to the members. In the case of a sale Small Ideas VIC will also provide the name, address and contact details of the new owner. In the event of the sale or change of effective control of the business Small Ideas VIC must obtain a written covenant from the new owner to honour memberships and gift vouchers in accordance with these Terms & Conditions.
22 Entire Agreement
These Terms & Conditions, and the documents expressly referred to in them, constitute the entire Agreement between you and Small Ideas VIC, and replace all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between members and Small Ideas VIC relating to the offered products and services.
Small Ideas VIC and the member, each acknowledge that, in entering into these Terms & Conditions, neither relies on, and subsequently will not have any remedies for, any representation or warranty that is not set out in these Terms & Conditions.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of Small Ideas VIC website, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
Small Ideas VIC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Product, Services or the Content contained on the website for any purpose. Any reliance members may place on such information is therefore strictly at their own risk. Small Ideas VIC disclaims any express or implied warranty representation or guarantee as to the appropriateness of the products or services advertised on the website or that the operation of Small Ideas VIC website will be uninterrupted or error-free. Small Ideas VIC are not liable for the consequences of any interruptions or error on the website.
24 Terms & Conditions Update
Small Ideas VIC reserves the right, in its discretion, to correct any errors or omissions in any part of the website, products and services. Small Ideas VIC may restrict access to parts of or the entire website, and the products and services contained therein at any time, including, but not limited to, content, certain features, products and services, hours of availability, and equipment needed for access or use, without notice or liability.
Any material on the website may be out of date at any given time and Small Ideas VIC is under no obligation to update such material.
Small Ideas VIC reserves the right, in its sole discretion, to change, modify, add or remove any part of these Terms & Conditions, in whole or in part, at any time. Notification of the changes to these Terms & Conditions will be posted on the website and will be effective immediately unless expressed otherwise.
It is the member’s sole responsibility to periodically check these Terms & Conditions for any changes. If you do not agree with any of the changes to these Terms & Conditions, it is your sole responsibility to unsubscribe from the website and/or cancel any membership. The member’s continued use of the website will be deemed as his/her/its/their acceptance thereof.
Small Ideas VIC may assign or sublicense any of its rights or obligations under these terms and conditions at any time, without obtaining the member’s consent.