Membership Terms & Conditions

Background

  1. Power Retail Pty Ltd (PR) ABN 75126991535 is a content and insights resource for the online retail industry.
  2. PR Members (Basic and Advanced) access content and services via the PR website (www.powerretail.com.au) which include but are not limited to:
  • The weekly Pulse Newsletter (free)
  • The Top 500 Retailers list (paid)
  • E-Commerce Insights library (paid)
  • Retailer Performance Benchmarks platform (paid)
  1. The terms and conditions govern the provision of services by PR to the Subscriber.

Agreement

  1. Charges & Refunds
    1. Subscribers will:
      1. Choose a Membership package they wish to purchase on www.powerretail.com.au or confirm this in writing to a Power Retail Representative
      2. Nominate a valid credit card or other payment method and accept the charges associated with subscribing to Power Retail, and
      3. Pay the Charges on the nominated credit card or via the other agreed payment methods as advised on the PR website or the supplied invoice
    2. The charges will be processed immediately once the card details are entered on the website and once the charge has been approved for payment, access will be granted for the service period.
    3. The charge is payable in advance at the rate advertised and for the service period (12 months) or users can choose to pay monthly at a premium rate if they prefer or per the schedule / arrangement agreed with Power Retail.
    4. Once the service period expires, the credit card will be automatically charged again at the agreed rate as appropriate.
    5. The Subscriber will be notified prior to the expiry of the subscription and if they do not wish to renew they must cancel the subscription as part of the rollover process. Otherwise the credit card will automatically be charged for another service period as appropriate.
    6. The subscriber can cancel their subscription during the service period unless they have agreed to a 12 month schedule with fixed monthly monthly rate. They not entitled to a refund for any pro rata period.
  2. Term and services
    1. The term initial term is for one year or one month depending on the chosen payment schedule.
    2. The services are the provision of resources by PR to the Subscriber for the duration of the service period.
  3. Interpretation and definitions
    1. Definitions
      • In this Agreement the following expressions have the meanings stated:
      • Act means the Privacy Act 1988 (Cth).
      • Agreement means the agreement between PR and Subscriber for access to Power Retail Member-only access.
      • Agreed Subscriber Fee means the fee agreed between PR and Subscriber for the Services.
      • Charges means the charges to be paid by Subscriber for the Services.
      • Claim means any claim made under or in connection with this Agreement or its subject matter, whether arising under contract, negligence or any other tort, under statute or otherwise.
      • Commencement Date means the start date of the nominated period pending approval of charges on the Subscriber credit card.
      • GST means a good and services tax, value added tax, consumption tax or services tax.
      • Intellectual Property Rights means all copyright and rights in the nature of copyright, design rights, patents, trademarks, data base rights, applications for any of the above, moral rights, know-how, domain names or any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in Australia or any other part of the world.
      • Rollover period means that the Subscription will automatically renew for a new service period upon expiry of the initial service period.
      • Services means access offered by Power Retail content to the Subscriber.
      • Service period is a one year or monthly subscription.
  4. Intellectual property and reputation
    • All Intellectual Property Rights in PR and any content created are owned by PR and no third party may re-produce or use such content without PR’s express and written consent.
  5. Public announcements and promotion
    • Subscribers will not make any announcements or disclosures in relation to the information accessible via their Membership, including press releases or other communications to the public, without the prior written consent of PR, which can be provided or withheld in its absolute and unfettered discretion.
  6. Liability
    1. The law implies various terms, conditions, guarantees and warranties which may apply to PR supplying services to Subscriber. PR excludes all of those terms, conditions , guarantees and warranties, and any other term condition, guarantee and warranty that might have otherwise have been implied by custom or otherwise, to the full extent permitted by law.
    2. Provisions of the Competition and Consumer Act (Cth) 2010 in some cases either cannot be excluded, restricted or modified, or can only be restricted or modified to a limited extent. If any such provisions do apply, then to the extent permitted by law PR™s liability under those provisions is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.
  7. Confidentiality
    1. Each party will keep the other party™s Confidential Information confidential, not disclose any Confidential Information to a third party, other than as will of necessity acquire it as a consequence of the performance of that party™s obligations under this Agreement, and use Confidential Information only in connection with the proper performance of this Agreement.
    2. Clause 8(1) will not apply to any Confidential Information to the extent that it comes within the public domain other than through breach of clause 8(1), is required or requested to be divulged by any authority with competent jurisdiction to which either party is subject, wherever situated, is known to the receiving party before the disclosure to it, or is disclosed with the other party™s prior written approval to the disclosure.
  8. Termination
    1. PR may terminate this Agreement immediately where any amount due to be paid to it by the Subscriber is overdue and/or the credit card charges could not be processed.
    2. If a party (Defaulting Party):
      1. commits a breach of any of the terms of this Agreement which:
        1. is not capable of remedy, or
        2. is capable of remedy, but the Defaulting Party fails to remedy such breach within 5 days of receiving notice from the other party specifying the breach and requiring the breach to be remedied, this Agreement will terminate with immediate effect upon the other party giving to the Defaulting Party notice in writing of such breach or failure.
    3. The Subscriber can cancel their subscription during the service period however no refund will be issued for any service period not utilized. Subscriptions can also be cancelled at the end of the service period should the Subscriber not wish to automatically rollover to a new service period.
  9. General
    1. The parties do not intend any third party to have the right to enforce any provision of this Agreement. PR may assign or transfer all or any of its rights under or in respect of this Agreement, including granting security interests in all or any of its rights. Subscribers may not assign or transfer all or any of its rights under or in respect of this Agreement.
    2. This Agreement contains the entire agreement between the parties about its subject matter and supersedes all prior discussions, representations, agreements and understandings between the parties in connection with the subject matter.
    3. No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power, privilege or remedy in connection with this Agreement, operates as a waiver of that right, power, privilege or remedy.
    4. Except as expressly provided under this Agreement, the rights and remedies contained in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law or otherwise.
    5. If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term will, to the extent it is severable from the remaining terms, be deemed omitted from this Agreement and will not affect the legality, validity or enforceability of the remaining terms.
    6. This Agreement will be governed by the law of the State of Victoria, Australia and each party agrees to submit any dispute which may arise out of, under, or in connection with this Agreement to the exclusive jurisdiction of the courts of Victoria.
    7. Consumers are not entitled to a refund on any purchase from the Resource Library.