Terms of Use

All customers are advised that there is a change to the Terms of Use to BigPond Shopping and the Refunds and Returns Policy effective 1st January 2011.

The BigPond Shopping site at www.shop.bigpond.com or m.shop.bigpond.com (the "Site") is a shopping site where BigPond Shopping members can order products advertised on the Site from Telstra Corporation Limited ("us", "we" or "Telstra") subject to the terms and conditions of the Terms of Use. The Site including the BigPond Shopping service is operated by Shoppers Advantage Pty Limited on behalf of and as agent for Telstra.

Your access to and use of the Site, including your order of products through the Site, is subject to these terms, the Privacy Policy, the Refund and Return Policy, the Disclaimer, the Delivery Policy and the Copyright Policy (together, "Terms of Use").

Please read the Terms of Use carefully before accessing or using the Site. If you are under 18 years of age, you must obtain a parent/guardian's consent before accessing and using the Site.

The Terms of Use constitute a legally enforceable agreement with Telstra. If you do not agree with any of the Terms of Use, you must not access or use the Site. By accessing and using the Site you agree that your access and use of the Site, including any orders for products made by you through the Site, is governed by the Terms of Use.

We may modify the Terms of Use at any time, and such modifications will be effective as soon as they are posted on the site. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times. You are responsible for regularly reviewing the Terms of Use.

BIGPOND SHOPPING MEMBER ACCOUNT

To order products through the Site, you are required to register as a BigPond Shopping member.

You may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. Memberships are non-transferable. You may update, edit or terminate your membership account at any time.

The registration process for registering your membership requires that you complete the registration form and select a password and display name. You agree that the membership details you provide when completing the registration form are accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. We reserve the right to refuse registration of, or cancel, your membership at any time.

If you choose to use a workplace email address for your membership and to access the Site, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

INFORMATION ON THIS SITE

The Site contains information provided by our suppliers relating to their products.  We are not responsible for the accuracy of this third party information and we do not endorse it. We do not make any representations about the accuracy of the information provided by our suppliers.

You must make your own enquires about the accuracy, completeness or usefulness of information  regarding products available on the Site which are provided by our suppliers. before relying on that information

VOUCHERS & PROMOTIONS

BigPond Shopping vouchers are not valid for redemption on show tickets, concerts or activities offered through BigPond Tickets. Nor are they valid for Music vouchers or Games vouchers.

BigPond Shopping vouchers are valid for 12 months from date of inception unless otherwise specified. Only 1 Voucher may be used per order.

10% off site promotion beginning Thursday 1st November 2012 at 12.01am and ending midnight. Please note: Only 1 voucher code per customer

ORDERS

Any order placed by you through this Site for a product under your membership is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place your order.

We reserve the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Site, or an error in your order.

If you order products from the Site, we may require you to confirm your membership details and to provide further details to enable the processing of any orders that you make. You agree to provide us with current, complete and accurate details when asked to do so by the Site or an employee of Telstra.

Orders will not be accepted until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you an Order Confirmation, but this does not constitute an acceptance of or reflect the status of your order.  Your order is accepted only once products have been despatched.

We reserve the right to not accept an order at any time before products are despatched and even if a payment and delivery confirmation has been sent.

If for any reason, we do not accept your order, any valid payments by you for the  products will be refunded.

You must not pay, or attempt to pay, for products through any fraudulent means.

PRICE

Prices of products and delivery and other charges displayed on the Site may vary from time to time.

If GST is imposed on any supply of a product made by us through the Site and the price for that supply is not expressed as GST inclusive or inclusive of GST, you must pay to us the price plus an amount equal to the GST payable in respect of that supply.

DELIVERY

The terms of the Delivery Policy (available here) form part of the Terms of Use. You acknowledge and agree to terms of the Delivery Policy.

RISK AND TITLE

As between you and Telstra, we will retain title and risk to the products you order until delivery of the products to you, but all risk in the products will pass to you upon their delivery to you

REFUNDS AND RETURNS

The circumstances in which we agree to make a Refund are detailed in our Refund and Returns Policy (available here). The Refund and Return Policy forms part of the Terms of Use. You acknowledge and agree to the terms of the Refund and Return Policy.

PROHIBITED CONDUCT

You must not:

1. use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any relevant standards or codes;
2. use the Site in a way, or post to or transmit to or via the Site any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the Site;
3. use the Site to send unsolicited commercial or bulk electronic mail messages to anyone;
4. make any fraudulent or speculative enquiries, purchases or requests using the Site;
5. provide false information when registering or changing your membership details;
6. provide false information when making any orders through the Site;
7. use another's membership or membership details (such as password) without their permission;
8. impersonate another person when using the Site;
9. post to or transmit to or via the Site any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
10. tamper with, hinder the operation of, or make unauthorised modifications to the Site;
11. knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
12. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
13. modify, adapt, translate, or reverse engineer any portion of the Site;
14. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
15. reformat or frame any portion of the web pages that are part of the Site;
16. create user accounts by automated means or under false or fraudulent pretences;
17. use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
19. use the Site otherwise than in accordance with the Terms of Use; or
20. attempt any of the above acts or permit another person to do any of the above acts.

COPYRIGHT AND TRADE MARKS

The terms of the Copyright Policy (available here) form part of the Terms of Use. You acknowledge and agree to terms of the Copyright Policy.

SECURITY

You are responsible for maintaining the confidentiality of your membership details (including password) and are fully responsible for all activities that occur under your membership. Telstra is entitled to rely on your membership details as evidence of your identity and authority for the purposes of the Site (including, for example, for the purpose of making payments to Telstra using your credit card details, and for the purpose of nominating email addresses or phone number). Other than via membership details, Telstra cannot and does not verify that each person who accesses and uses the Site is in fact the person they say they are, or acts with the authority of the person whose membership they use. You must comply with all directions issued by Telstra relating to use of your membership and access to the Site. You must log out from your user account at the end of each session. You must immediately notify us of any unauthorised use of your membership of which you are aware.

For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Site servers. In addition to any other Terms of Use, we are not responsible for any information you may lose if the Site servers terminate your browser session due to prolonged periods of inactivity between your browser and the telstra.com servers.

PRIVACY

The terms of the Privacy Policy (available here) form part of the Terms of Use. You acknowledge and agree to terms of the Privacy Policy.

LINKS TO EXTERNAL SITES

Links to third party sites may be provided on the Site and are provided for your convenience only. We are not responsible for and make no representations concerning the condition and content of, or products offered on third party sites. Such links do not indicate, expressly or impliedly, that we endorse these site or the products or services offered on them. You access third party sites and use any products or services offered at those sites at your own risk.

LIABILITY

Your access to and use of the Site is provided on an "as is" and "as available" basis.

While we take reasonable care and skill in providing this Site and in making this Site available and subject to your rights under law which cannot be excluded:

• we do not warrant or represent that the Site or your systems (including the internet and your hardware and software) is complete, accurate, current or free from errors or omissions, programming bugs or viruses or secure; and
• the availability of this Site may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that the availability of this Site will be continuous or uninterrupted, that any defects will be corrected, or that the Site or server that makes it available are free of viruses.
• we do not warrant that the Site or products which you order through the Site will meet your all of your requirements;
• we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet all your expectations

We accept liability to you for reasonably foreseeable loss or damage caused by a  breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that was  caused by our breach of contract or negligence under the principles applied by the courts, but we are not liable for:

• loss or damage that was not reasonably foreseeable;
• loss or damage that was not caused by our breach of statutory guarantee, contract or by our negligence;
• loss or damage that was caused by your breach of contract or your negligence;
• business losses (such as lost data, lost profits or business interruptions); and
• loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of this Site or services on this Site.

INDEMNITY

We rely on you observing these terms at all times. You agree to indemnify and hold Telstra and its officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party caused by you breaching these Terms of Use (including in relation to Prohibited Conduct) or any negligent access of this Site.

TERMINATION

You may stop using the Site at any time, for any reason.

Our agreement with you comes into existence once products have been despatched.

We may stop making the Site, or a part of the Site, available without prior notice.

We may also immediately suspend, terminate or limit your access to and use of the Site, and your membership, if :

1. you are in breach of the Terms of Use and:
   1. the breach is something which cannot be remedied; or
   2. you fail to remedy the breach within 30 days' of our written notice to you of that breach; or
2. there is an emergency.

COMMUNICATION WITH YOU

We may communicate with you via email, or phone, or both, to an email address or a phone number nominated by you, including in relation to your membership and status of your order of products. When we do this, the following will apply:

1. you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and
2. you must notify Telstra as soon as possible of any changes to your contact details using the online method provided by Telstra on the Site.

SEVERABILITY

If any part of the Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of the Terms of Use will continue to be valid and enforceable.

GOVERNING LAW

This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.

CONTACT US

You can contact us here