Terms & Conditions
1.1 Thank you for using our website located at <www.broadhunt.com> (“Site”). This Site is operated by MICHAEL COHEN T/A BroadHunt (ABN 25 824 215 669) (“BroadHunt”).
1.2 BroadHunt is an online marketplace that facilitates interactions between:
(a) people looking for advice and special deals on various products or services (the 'Buyer'); and
(b) people that offer advice and special deals on various products or services (the 'Expert Shopper’') in return for a nominated reward (“Reward”) from the Buyer,
making it easier for the Buyer to source and purchase various products or services for a competitive price (the 'Services').
1.5 We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on our Site.
You accept the Terms by registering for the Services as a Buyer or Expert Shopper and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by BroadHunt in the user interface.
3.1 In order to access the Services, both Expert Shoppers and the Buyers are required to register for an account through the Site (the 'Account').
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(b) email address;
(c) preferred username;
(d) mailing address;
(e) telephone number;
(g) date of birth;
(h) other information as applicable to set up and administer your Account to access the Services.
If you are registering as an Expert Shopper, we may request other information from you, such as:
(a) the countries and locations that you service in relation to shopping information, advice about products and services, and special deals (“Shopping Information”);
(b) the types of products and services you specialise in for the purpose of providing Shopping Information;
(c) the minimum Reward amount that you will accept;
(d) your date of birth;
(e) your address; and
(f) public profile information (your bio);
(collectively ‘Registration Information’)
3.3 You warrant that any Registration Information you provide to BroadHunt during the registration process will be accurate, correct and up to date.
3.4 If your Registration Information changes, you must promptly update your Account to reflect those changes.
3.5 Once you have completed the registration process, you will be a registered member (Buyer or Expert Shopper) of the Site and agree to be bound by the Terms.
3.6 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with BroadHunt; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as an Expert Shopper or Buyer
4.1 As an Expert Shopper or Buyer, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your user name, password and/or email address (“Login Details”). Use of your Login Details by any other person may result in the immediate cancellation of the Services;
(d) any use of your Registration Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BroadHunt of any unauthorised use of your Login Details or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another person or use the profile or password of another person at any time;
(f) any material that you broadcast, publish, upload, transmit, post or distribute on the Site, including images and details about any offers for products or services (your ‘Content') will not infringe any third-party intellectual property rights and will always be accurate, correct and up to date at the time being posted;
(g) you warrant that you are the sole and exclusive owner of any Content you upload to the Site or otherwise have all rights, licences, permissions, consents and releases and approvals necessary to use the Content and to grant BroadHunt a licence to use the Content in accordance with these Terms;
(h) you agree not to harass, defame, impersonate, stalk, or threaten any other user of the Site (where interaction with other Expert Shoppers or Buyers is made available to you);
(i) access and use of the Site is limited, non-transferable and allows for the sole use of the Site by you for the purposes of providing the Services;
(j) you will not use the Services or the Site in connection with any commercial endeavours that are prohibited by these Terms;
(k) you will not use the Services or Site for any illegal and/or unauthorised use which includes collecting email addresses of Expert Shoppers or Buyers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site;
(l) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from public profiles without notice and may result in termination of the Services; and
(m) you acknowledge and agree that any automated use of the Site or the Services is prohibited.
4.2 We reserve the right in our sole discretion to deny anyone access to an Account and the Services.
4.3 If the use of your Account breaches these Terms or shows signs of fraud, abuse or suspicious activity, BroadHunt may remove any Content associated with your Account. In addition, we may:
(a) suspend your Account; or
(b) cancel your Account.
5.1 BroadHunt does not sell or supply any products or services directly or endorse any products or services on the Site or otherwise make any other representation whatsoever about them.
5.2 You agree that BroadHunt:
(a) will not be liable to any person in relation to the supply of any products or services advertised or made available on our Site including for any loss or liability;
(b) is not responsible for the enforcement of any contractual obligations arising out of a contract for the supply of any services between Buyer and Expert Shopper and BroadHunt will have no obligation to mediate any disputes between the parties to any such contract;
(c) is not responsible for the accuracy of information provided by an Expert Shopper or Buyer on our Site;
(d) cannot be held responsible for the actions or representations of an Expert Shopper or Buyer, either on or off the Site; and
(e) cannot guarantee that any information provided by an Expert Shopper or Buyer is true, accurate, complete, current and not misleading or deceptive.
Buyer agrees to make their own enquiries to verify information provided by an Expert Shopper and to assess itself the suitability of any products, services, or Shopping Information offered or submitted by an Expert Shopper.
6. Marketplace Rules
6.1 As a Buyer, you can make a request for Shopping Information from an Expert Shopper (the ‘Hunt’) in respect of:
(a) a competitive or ‘best price’ deal for a product or service; or
(b) an ‘advice and price’ search restricted to select criteria made available through the Site, for example, certain brands or categories;
In addition, Buyers can set a maximum price or minimum discount parameters to limit the results of the Hunt and otherwise use any other search criteria made available through the Site.
6.2 BroadHunt will match the Buyer with vetted results (based on the criteria that have been selected by the Buyer) submitted by Expert Shoppers that have participated in the Hunt (the ‘Vetting Process’).
6.3 Expert Shoppers that participate in a Hunt warrant that any results uploaded to the Site or shared with a Buyer are valid, current, and that Buyer’s participation or reliance on the results of a Hunt will not breach the terms and conditions of any offer in respect of the purchase of products or services specified in the Hunt.
6.4 If BroadHunt considers (at its own discretion) that any result submitted by an Expert Shopper does not meet the criteria of a Buyer, then those results will not be disclosed to the Buyer.
6.5 After the expiration of the Hunt, the Buyer must select the winning Expert Shopper from the results of the Hunt.
6.6 Buyer has full discretion in selecting the winning Expert Shopper from the vetted results of the Hunt.
6.7 Expert Shoppers agree that by competing in a Hunt, BroadHunt cannot guarantee or warrant that:
(a) Expert Shoppers will be successful during the Vetting Process, irrespective of whether their results meet or surpass the Buyer’s criteria;
(b) Buyer will make a final determination and award an Expert Shopper; or
(c) Buyer will make a determination based on the cheapest price or best deal offered, or by any other valuation metric.
6.8 Any disputes arising from a transaction between Buyer and Expert Shopper should be taken up directly with that Buyer or Expert Shopper.
6.9 You agree that BroadHunt is not an agent of either the Buyer or Expert Shopper, nor is it an Expert Shopper itself. BroadHunt connects Buyers with Expert Shoppers for the purpose of creating a marketplace for sourcing competitive pricing for various products and services. As such, BroadHunt has no control over Expert Shoppers and does not give any guarantee or warranty in respect of the quality, pricing or eligibility, fitness for a purpose, suitability, genuineness or legality of any information relating to products or services listed in the results of a Hunt.
7. Commissions, Service Fees and Chargebacks
7.1 As a Buyer, you are liable for payment of any Reward that you offer (as specified by you in the Hunt) for any successfully completed Hunt (the ‘Reward’). A successful Hunt means any Hunt that:
(a) produces at least one (1) result that matches the Buyer’s criteria.
(b) where you, as a Buyer, select a deal to reveal full details of the supplier of that deal.
7.2 Payment of the Reward will be processed through the following payment gateway:
§ PayPal (the ‘Payment Gateway Provider’)
7.4 Payment of the Reward is completed as two (2) separate transactions:
(a) The Initial Payment Fee is paid upfront to BroadHunt (our ‘Service Fee’);
(b) The Reward (the ‘Commission’) is paid when the Buyer elects to reveal the full details of at least one (1) result received from an Expert Shopper.
7.5 For New Vehicle searches, the Commission is retained by BroadHunt. For other product categories, the Commission, net of payment fees, will be released to the winning Expert Shopper after a period of fourteen (14) calendar days has elapsed since the completion or expiration of the Hunt (the ‘Settlement Period’).
7.6 If no winner is selected in a Hunt, BroadHunt will retain the Service Fee. BroadHunt will distribute the Commission among the Expert Shoppers who satisfy the Buyer’s criteria as determined by BroadHunt in its sole discretion, and the Buyer will have no right to a refund.
7.7 Any claims relating to the accuracy or validity of the Shopping Information provided by the winning Expert Shopper must be made within the Settlement Period. Except as otherwise provided by law, Buyer waives the right to request a refund or make any claim in respect of the Services or payment of the Reward after the expiration of the Settlement Period.
7.8 If there are payment failures due to insufficient funds, incorrect or outdated payment information, we reserve our right to:
(a) recover payment of the Reward and deny a Buyer access to our Services;
(b) cancel or suspend a Buyer’s Account if we are unable to process the Reward fees for our Services; and
(c) charge interest at a rate of 1.5% per month on the amount due.
7.9 Expert Shoppers are responsible for paying any taxes associated with collecting any Commissions through the Site. If BroadHunt becomes liable to pay or collect any taxes on account of an Expert Shopper, then Expert Shopper agrees to indemnify BroadHunt for any losses it incurs in respect of Expert Shopper’s tax obligations.
7.10 BroadHunt may from time to time update the Commission or Service Fee. Any changes to the Commission or Service Fee will be effective from the time they are communicated to you by email, or otherwise published on our Site (whichever comes first).
7.11 Expert Shoppers acknowledge that a Buyer may not be the authorised user of a credit, debit, or other prepaid card, or may dispute a transaction (a ‘Chargeback’).
7.12 In the event of a Chargeback, you will not receive payment of the Commission and you agree that we may offset future payments to you if a Chargeback is issued for a transaction for which you previously received payment of the Commission.
7.13 You agree that you are liable to refund the full amount of any Commission paid in respect of any Chargeback for a transaction under these Terms.
8. Copyright and Intellectual Property
8.1 The Site, the Services and all of the related products and services of BroadHunt are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties.
8.2 Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Site, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BroadHunt or its contributors.
8.3 All trademarks, service marks and trade names are owned, registered and/or licensed by BroadHunt, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Site pursuant to the Terms;
(b) copy and store the Site and the material contained in the Site in your device's cache memory; and
(c) print pages from the Site for your own personal and non-commercial use.
8.4 BroadHunt does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by BroadHunt.
8.5 BroadHunt retains all rights, title and interest in and to the Site and all related Services. Nothing you do on or in relation to the Site will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
8.6 You may not, without the prior written permission of BroadHunt and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site, which are freely available for re-use or are in the public domain.
8.7 Where you broadcast, publish, upload, transmit, post or distribute Content on the Site (including any information you upload to the Site by participating in a Hunt), then you grant to BroadHunt a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change that Content.
10.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) BroadHunt will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3 Use of the Site and the Services is at your own risk. Everything on the Site and the Services is provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BroadHunt make any express or implied representation or warranty about the Services or any other products or services referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Site, the Services, or any of its Services related products (including third party material and advertisements on the Site);
(c) costs incurred as a result of you using the Site, the Services or any of the products of BroadHunt; and
(d) the Services or operation in respect to links which are provided for your convenience.
10.4 You agree that BroadHunt operates to connect Buyers and Expert Shoppers to facilitate the provision of the Services. BroadHunt is not a supplier of any products or services that Expert Shoppers offer or advertise on the Site nor is BroadHunt a party to any contracts entered into between Buyers and Expert Shoppers (or any other third party).
10.5 BroadHunt makes no warranty as to the truth, suitability, quality or accuracy of any Content or information provided by Buyers or Expert Shoppers, including, but not limited to, the ability of an Expert Shopper to complete a supply of services offered to a Buyer, expertise or experience to qualify for joining an Expert Shopper or otherwise.
11.1 BroadHunt 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2 You expressly understand and agree that BroadHunt, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3 You acknowledge and agree that BroadHunt holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content to the Site.
12. Termination of Contract and Accounts
12.1 If you want to terminate the Terms, you may do so by providing BroadHunt with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to BroadHunt via the 'Contact Us' link on our homepage.
12.2 You may close your Accounts with BroadHunt at any time by contacting us via the 'Contact Us' link on our homepage, or alternatively where this option is made available to you in the account settings. Termination of your Account does not affect the survival of these Terms.
12.3 BroadHunt may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) BroadHunt is required to do so by law;
(c) BroadHunt is transitioning to no longer providing the Services to Buyers in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by BroadHunt is, in the opinion of BroadHunt, no longer commercially viable.
12.4 Subject to local applicable laws, BroadHunt reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BroadHunt 's name or reputation or violates the rights of those of another party.
12.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BroadHunt have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.2 You agree to indemnify BroadHunt, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
13.3 You hereby indemnify us, and undertake to keep us indemnified, against any and all Claims, Losses, damages, costs, Liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Site or any breach by you of any provision of these Terms.
13.4 BroadHunt hereby expressly disclaims, and you hereby expressly release BroadHunt from, all Liability, Claims, suits, injuries, Loss, harm or damages arising from or related to our Services or your interactions or dealings with Buyers or Expert Shoppers.
14. Dispute Resolution
14.1 Buyers and Expert Shoppers are solely responsible for interactions and disputes with each other.
14.2 BroadHunt reserves the right, but has no obligation, to monitor disputes between Buyers and Expert Shoppers although may involve itself in such a dispute for the purpose of improving the user experience of the Site and Services.
14.3 If a dispute arises out of or relates to the Terms as between BroadHunt and a Buyer or Expert Shopper, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15. Third Party Links
16. Feedback and Authorisations
Your feedback is important to us and our Community. BroadHunt welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Services ("Feedback"). You may submit Feedback by contacting us using the contact details provided below.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
19. How to Contact Us
You can contact us by email at [email protected]
© 2019 BroadHunt (ABN 25 824 215 669). All Rights Reserved.
Terms last updated 06 April 2019.