Last updated: 29 September 2023.
These terms and conditions govern your use of our services and our relationship with you. Best, we, us means Best Content Pty Ltd (ABN 23 000 554 254 5). You, your, subscriber means the company or business entity listed in your subscription order form and the person who you submitted that order form in their capacity as authorised representative of that company or business entity.
During the Term and subject to the terms and conditions of this agreement, depending on the type of plan you have subscribed to we will provide you with access to some or all of our services (Services) being:
- Ability to accept our Best-branded gift cards, certificates, and optionally for Australia-based subscribers, salary sacrifice cards
- Listings on our sites
- Opportunities for inclusion in our subscriber newsletter
- Marketing to our customer database
- Social media, PR, influencer coverage
- Promotion of your specials & events.
We may make changes to these services from time to time including by adding, changing or removing individual products and features provided such changes do not materially adversely impact you.
2. Processing of gift cards and certificates
Where your plan includes the ability to accept our Best-branded gift cards and certificates, or salary sacrifice cards, the following applies:
a) You agree to:
- Accept our Best gift cards and certificates presented by our members at your venue,
- Follow our redemption and security procedures that we notify you of,
- Notify us without delay if you become aware of any suspected or actual misuse of our gift cards or redemption processes and systems, and
- Ensure your front of house staff are aware of and follow our redemption and security procedures.
b) We will:
- Pay directly to the bank account you provided to us in your subscription form, the value of all Best gift card redemption transactions successfully completed at your nominated venue, less our commission + GST and where our redemption and security procedures have been followed,
- Process these payments promptly (you can expect funds to be credited within 7 working days),
- Email to you a remittance specifying amounts that will be credited to your bank account, less any deductions, and
- We may deduct from any payments we owe you, any debit balance you already owe us.
3. Listings, representations and publicity
a) You will:
- Take reasonable care to provide us with accurate representations of your products and services including their availability. No claim should be made which cannot be demonstrated to our card holders on their arrival,
- Notify us without delay of any material changes in your products or services listed with us, including photographs, and
- Honour Best Gift Certificates issued to a holder for a particular product or service that you agreed to provide at that time for a set cost and for a particular validity period, for the duration of that validity period. Where this is not possible then you will provide us with 1 calendar months’ notice to effect refunds or exchanges.
b) You authorise and grant us a non-exclusive, royalty-free, revocable license to publish and promote all text copy, logos, photographs, videos and other material you provide to us for publication in relation to your nominated venue, anywhere on our websites, online channels and other materials in physical or digital form. You represent that you hold the copyright or licenses necessary for us to publish that content.
4. Disclaimer; Limitation of Liability
a) Each party represents and warrants that: (i) it has the power and authority to enter into this agreement; (ii) this agreement is entered into by an employee or representative of such party with all necessary authority to bind such party to the terms and conditions of this agreement; (iii) it shall comply with all applicable laws in relation to its obligations under this agreement; and (iv) the execution and performance of this agreement will not conflict with or violate any applicable law or regulation or any agreement with any third party.
b) Except as expressly provided in this agreement, to the maximum extent permitted under applicable law our services are provided to you on an “as is” basis without warranties or representation of any kind. We expressly disclaim all representations and warranties – statutory, express, implied or otherwise, including without limitation warranties of merchantability, non-infringement, fitness for a particular purpose or accuracy. We further disclaim any warranty that the operation of our services will be uninterrupted or error-free, or that our services will meet all of your expectations or requirements. You acknowledge that our services and platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures or other damage resulting from such problems.
c) Except for a party’s wilful misconduct or fraud, to the maximum extent permitted by applicable law, our maximum aggregate liability for all claims arising under, out of or relating to this agreement shall not exceed the total amount of fees paid or payable by you to us during the 12 months preceding the date the claim first arises. To the maximum extent permitted by applicable law in no event will we be liable to your or any of your affiliates or agents for any lost profits, loss of use, loss of data, cost of delay, business interruption, cost of procurement of substitute goods or services, or for special, punitive, incidental, indirect, or consequential damages however caused whether for breach of contract, tort (including negligence and strict liability) or otherwise, whether or not we have been advised of the possibility of such damages.
a) We will send notices and updates to you via the email address you provided to us when subscribing to our services and these communications are deemed received by you on the same day.
b) Your notices to us in connection with this agreement, including change of email or other contact details for further communications, must be sent to email@example.com and will also be deemed received by us on the same day.
c) If you sell your business, please inform us of the settlement date and the contact details for the new owner to allow for a smooth change-over.
6. Term and termination
a) Your agreement with us under these terms and conditions starts the day you order any of our Services from us and we acknowledge your order, and continues until you provide us with 30 days’ prior notice of termination (the Term). Where your plan includes the ability to accept our Best-branded gift cards and certificates, or salary sacrifice cards, you agree to continue to accept our gift cards for redemption from our card holders during the notice period, and we will remove your public listing.
b) Subscriptions to our services renew automatically until you terminate them in accordance with the above provisions.
c) If you terminate your subscription ahead of the next scheduled renewal date, no credits apply for the period between your nominated termination date and the otherwise scheduled future renewal date.
7. Nature and terms of agreement
a) Nothing in this agreement or your subscription to our services creates any partnership, joint venture or undertaking or any like relationship with us. We act solely as agent for merchant services when you redeem our gift cards and certificates via the platforms that we provide you with access to.
b) This agreement is made in the state of New South Wales. All matters are subject to the laws of New South Wales.
c) We may modify these terms and conditions at any time by posting a revised version on our website or by otherwise notifying you in accordance with section 5 (notices). The modified terms effective: (i) immediately for new services you may receive from us after the day of publication, and (ii) for any existing services, fourteen calendar days after we publish the modified terms or notify you thereof. In the event you are materially adversely affected by the modified terms, you may terminate the agreement during that fourteen-day notice period, by notifying us in accordance with section 5 (notices). Otherwise, by continuing to use our Services after the effective date of the modified terms, you agree to be bound by the modified terms. It is your responsibility to check our site regularly for modifications to this agreement.