Terms of Service

HerdOnline Pty Ltd (the Herd) provides this website (Website) to assist you to purchase particular products and/or services (the Service ). By using the Website you acknowledge and agree to these Terms of Service (Terms of Service).

The Herd may at any time and at The Herd’s absolute discretion vary these Terms of Service.

2.Use of the Website

  • 2.1 Use by you of the Service and the Website and any purchase are each subject to the Terms of Service.
  • 2.2 To use the Service and make any purchase, you must be 18 years of age or over.
  • 2.3 The Website and the Service and any purchase are directed solely at those who access the Website from Australia. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Australia. If you choose to access the Website (or use the Service or make a purchase) from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
  • 2.4 The Website, Service and any purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
  • 2.5 We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any purchase.

3.Use of Your Information

  • 3.1 You acknowledge and agree that The Herd may use your personal information in accordance with The Herd Privacy Policy.
  • 3.2 For the purposes of the Do Not Call Register Act 2006 (if it applies) – by submitting your telephone number to The Herd Pty Ltd, you give your consent to The Herd Pty Ltd contacting you by telephone on that number. Your consent will be either an express or deemed consent.

4.Limitation of Liability

  • 4.1 Outside sources provide some of the information available on the Website (Website Information) and therefore there may be inaccuracies in the Website Information over which The Herd has no control.
  • 4.2 The Herd does not warrant or guarantee the:
  • 4.2.1 timeliness, accuracy or completeness of the Website Information; or
  • 4.2.2 quality of the results obtained from the use of the Website.
  • 4.3.3 To the maximum extent permitted by law, The Herd has no liability in relation to or arising out of the Website Information and Website recommendations. You are responsible for any purchases or orders made via the Website and you should take time to read through all information supplied before proceeding. If you are in any doubt regarding any product or service or its terms you should seek further advice from The Herd or the relevant supplier before choosing your product.
  • 4.3.4 The Herd may pass on your personal information to the relevant suppliers if you purchase a product or service via The Herd, however, The Herd does not guarantee when or if you will actually become a customer of the supplier that you have chosen. The Herd does not accept any liability arising out of your purchase of any product or service via the Website.
  • 4.3.5 Where the Website contains links to third party sites and to resources provided by third parties (“Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. The Herd has no control over and does not accept and The Herd assumes no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and The Herd accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

5.Indemnity

You agree to indemnify The Herd against each loss, liability or cost incurred by us arising out of:

  • 5.1 any claims or legal proceedings which are brought or threatened against The Herd by any person arising from:
  • i) your use of the Website;
  • ii) the use of any product or service purchased via the Website;
  • iii) the use of the Website through your password; or
  • 5.2 any breach of these Terms of Service by you.

6. The Role of The Herd

    • 6.1 You acknowledge and agree that The Herd operates as a facilitator and matches your needs with specific providers of a Service and that The Herd is not directly involved in the transactions between you and any Service provider.
    • 6.2 The Herd receives payment of commissions from participating Service providers in order to operate the Website. You are not required to pay The Herd directly for any transactions between you and any Service provider, unless specifically stated otherwise.
    • 6.3 The Herd reserves the right to modify or discontinue any Services that are offered on the Website without notice or liability.

7.Use of Your Information

You acknowledge and agree that The Herd may use your personal information in accordance with the The Herd Privacy Policy. This policy can viewed here, or a printed copy can be requested by writing to:

The Herd

11 Princess St, St Kilda VIC 3182