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Member's Terms Of Use
Supplier's Terms Of Use
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| MEMBERS : Terms Of Use |
DETAILS: TERMS OF USE
The Mad Habits Service 'The Service' and Mad Habits Website 'The Website' is owned and operated by Mad Habits Proprietary Limited (ACN 066 814 962) Australia 'Mad Habits' Your use and access to The Service and The Website is conditional upon your acceptance and compliance with all these terms, conditions, notices and disclaimers as appearing below contained in this document and elsewhere on 'The Website'. Your use and/or access to 'The Service' and 'The Website' constitutes your agreement to the 'Terms of Use' in these 'Terms of Use' and Mad Habits reserves the right to amend these 'Terms of Use' as required at any time without prior consultation or notification. Since your use of 'The Service' and 'The Website' is bound by these 'Terms of Use' you should periodically review this document.
Privacy
Please refer to the privacy policies on the privacy page found
here
Electronic Communications
When you visit www.madhabits.com or send e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mad Habits or its content suppliers and is protected by Australian and international copyright laws. Information regarding products posted on this site is property of Mad Habits or its respective manufacturer or supplier.
Advertising and links to third party web sites.
From time to time Mad Habits may display advertisements to promote certain products which may offer links to third party websites. Mad Habits is in no way liable for the content on third party website and cannot be held accountable for the content found on sites outside of its domain
(www.madhabits.com and any sub folders or sub domains of this domain).
Disclaimer and limitation of liability
You expressly understand and agree that Mad Habits shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, for loss of profits, goodwill, use, data or other intangible losses (even if Mad Habits has been advised of the possibility of such damages), resulting from:
- The use or inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any matter relating to the detriment of the service or Mad Habits.
- Fraud Error or Mis-description.
- Unauthorised Sale of Products and Services
This website is provided by Mad Habits on an "as is" and "as available" basis. Mad Habits makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Mad Habits disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mad Habits does not warrant that this site, its servers or e-mail sent from Mad Habits are free of viruses or other harmful components. Mad habits will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
User Licence to Mad Habits
Mad Habits grants you a limited licence to access and make personal use of 'The Service' and 'The Website' as per the following provisions:
Our services are available only to, and may only be used by, persons who can form legally binding contracts as per all applicable law, this excludes and is not limited to; (i) Persons under the age of 18 years; In cases where local law depicts the adult age be 21 years this applies to you! (ii) Persons who have been previously barred or suspended from receiving Mad Habits services, or (iii) Persons currently barred from receiving services under Australian state and federal law and other applicable jurisdiction. If you do not qualify for our services and do proceed with use, we are not liable for any criminal activity you incur while using our service and upon discovery of an invalid membership any future monthly rebates or awards due to be received will go to your sponsor (less 50% administration costs).
Sponsors must satisfy themselves by sighting proof of age when signing new members personally. This information must be provided to Mad Habits, and you agree to warrant this and all information provided to Mad Habits to be accurate, current and complete about yourself or your first level members as required by the application form. Sponsors found to be signing ineligible members will lose all benefits and membership will be suspended immediately and without notification, upon confirmation of contradictory behaviour to these ‘terms of Use’ and conditions, membership of both sponsor and ineligible member will be suspended without refund, even if the ineligible member has reached the legal age requirement upon discovery of violation of these ‘Terms of Use’.
You warrant that your Mad Habits account username and password will remain secure and will only be used by you the registered user. You are responsible for ensuring its confidentiality and restricting access to your computer and understand and accept responsibility for any activity taken under your account. Mad Habits warrants to you that any information stored will be secure as per our Privacy Policy. You are granted a limited, non exclusive and revocable right to create a hyperlink to our homepage - www.madhabits.com - so long as the link is not used to portray Mad Habits or its partner businesses or affiliates, their products or services; in a false, misleading, derogatory or otherwise offensive manner. You may not use the Mad Habits logo or other proprietary graphics without express written permission from Mad Habits, unless said form/documentation/data containing graphics or logo is supplied to you the member by Mad Habits.
Termination of the Service
Mad Habits reserves the right to terminate 'The Service' to members without refund for one or all of the following reasons:
- If Mad Habits does not process an order from a member for 4 consecutive months.
- If Mad Habits detects that a member has joined as a minor or via an invalid membership.
- If Mad Habits detects a member has sponsored or attempted to sponsor an under age member.
- If Mad Habits detects there has been any fraud, attempted fraud or theft of any kind by a member from or involving Mad Habits or any of its suppliers (this includes on conviction for shoplifting from any Mad Habits supplier).
- If Mad Habits receives complaints of spamming or abusive behaviour through the internal messaging systems this includes and is not limited to the 'invite a friend' feature on www.madhabits.com
or other domain names used by Mad Habits.
If a member has the service terminated the balance (if any) of points in said members 'My Mad Habits' account will be transferred to that terminated members PayPal account and any/all future monthly bonuses (less admin fees) that would have fallen due are automatically redirected that members sponsor every calendar month from such point onwards, as long as the sponsor has met the order criteria for receiving said monthly bonuses.
Conditions of use of the Service – Monetary Transactions
All products from all the Mad Habits registered suppliers, are purchased using Mad habits Points (shopping credits). Mad Habits utilizes the services of PayPal (registered) for the purpose of aquiring shopping points, members will be directed to get more points if insufficient points are available to cover the cost of said purchases. This means all members must initially have a PayPal account or a credit card to use via PayPal for this purpose. Until such time as there are enough shopping credits (Mad Habits points) the members 'My Mad Habits Account' as described in these ’Terms of Use’. PayPal charges fees for this service and those fees are displayed in the member's account at the time of the transaction. Mad Habits does not establish or control any / all transaction fees charged by PayPal.
Mad Habits does not charge any fees for using points to make a purchase from the shopping area on this website.
All member payments and bonuses (Paid by Mad Habits) are paid to the member by Mad Habits in the form of Mad Habits points (shopping credits), where 1.00 Mad Habits points equals one Australian dollar (AUD 100 cents). Redemption of these points to CASH must be made by the member using their Mad Habits account ‘Transfer POINTS to CASH via PayPal’ function in each members account area on the Mad Habits website. Any fees charged by PayPal for utilising their send money service will be payable by said recipient when effecting such transfers & those charges will display in the individuals PayPal account.
Members can also transfer Mad Habits points to each other or to a supplier using the internal points transfer system. Mad Habits does not charge any fees for for using Mad Habits points.
Conditions of use of the Service - Rebates - All members
All Mad Habits payments (bonuses/rebates) to all members are paid on a monthly basis. To qualify to receive any/all monthly bonuses due, members are required to have placed order/s (single or cumulative values) equal to or more than AUD$110.00 (excluding any freight costs) from one or more suppliers, prior to the deadline date for that month. This deadline date to place the monthly order requirement is clearly displayed in the member area of the website in the form of a countdown clock. Failure to place order will forfeit member rights to receive any/all bonuses due for that month had they placed their order. All bonuses and or rebates that would have fallen due for that month to that member will be shared 50/50 between the company 'Mad Habits' and that members ‘sponsor’.
There are two types of rebates / bonuses, direct and indirect
Please note: Due to tobacco related legislation in Australia any purchases made from any shop within the category named "Tobacco Shop" the value of said purchases is exempt from the total (cumulative amount) spent for the month. This means that no DIRECT rebate is paid on your own order from the purchased value of any products from any shops in that category (regardless of which country you reside).
Direct - These rebates are based on your order value, this is calculated on all amounts spent above the required minimum monthly order (AUD$110).
For example; the minimum monthly order is AUD$110.00 Any amount ordered above $110.00 becomes eligible for a 10% rebate minus a built in 1/11th safety margin. Lets say you order $330.00 worth of products this month, $330.00 less minimum order requirement ($110.00) = $220.00 less 1/11th ($20) safety margin = $200 (eligible for a refund) pays you 10% rebate = $20.00 This is added to any other bonuses and paid with that month\'s bonus payment. Payment date for any/all monthly bonuses and/or rebates due to members is displayed in the Mad Habits secure member area as a countdown clock.
Note: Direct rebates are paid to members by Mad Habits; They are not paid by the supplier.
Indirect - These monthly bonuses are generated via members sponsored (introduced) by you (your down line members), when those members place their minimum monthly cumulative order/s requirement AUD$110.00. For every person you sponsor, you will receive a bonus as long as you and they placed their minimum monthly order. Mad Habits will pay you down 5 levels of shoppers! It works like this - If you introduce Sally, you are paid $3.00 each month she places an order
*. Sally introduces Peter. We pay you $1.50 each month he shops
*. Peter introduces Simon. We pay you $1.00 each month
* Simon shops. Simon introduces Angie. We pay you $0.50 each month Angie shops
*. Angie introduces Michelle. We pay you $0.25 each month she shops
*!
For example; John introduces Mike and Garry, all three place their order for the month, John receives $3 for each member he personally sponsors ($6 for those two members), plus any other rebates he may have earned from his order value (direct rebate). Now Mike introduces Nigel, John then receives $6 plus $1.50 for his second level member 'Nigel'. Meanwhile Mike receives $3 from his first level member 'Nigel', as long as Nigel has placed his order. The more members you introduce, the larger your bonuses and rebates will become.
*Shopping members must have placed the minimum monthly order requirement (AUD$110.00) to qualify for monthly bonus and rebate payments.
When any member\'s monthly bonus payment equals MH100.00 points or more, members agree to pay 10% of their bonus amount to the company (Mad Habits) to cover some of its development and operational costs. This is known as the Business Organization Payment (BOP). This means financially successful members are agreeing to support the company (Mad Habits) that has been supporting them thus far. The BOP is deemed necessary for the on-going viability of Mad Habits, due to low profit margins and ensuring the benefits are kept higher for new members, hence helping new members to become financially successful themselves, and securing all member’s rebates and bonuses for the future. It is not planned or anticipated there will be a need for future increases to this 10% amount however Mad Habits reserves the right to make such increase if it becomes necessary for the on-going viability of Mad Habits for the benefit of all its members.
All rebates are paid into each member’s internal 'My Mad Habits Account'. Account balances from 1 to 300.00 points can be used for shopping or joining a new level one member (they can pay you).
When a members account exceeds 300.00 points (AUD$300.00) if members wish they will be able to transfer those excess point amounts to other members or their own PayPal account. Transactions from this account are only processed if sufficient points are currently available in the Mad Habits account.
NOTE: It is the resposibility of each member to ensure that it is possible to receive cash payments through PayPal in the country you reside before completing the member registration.
All member account transactions and balances are available at any given time, and points available to shop, transfer to members, suppliers or cash will be displayed in each members account area on the Website.
Please remember that introducing a supplier also gives the suppier a FREE membership on your level 1
Payments received & taxation liabilities.
Mad Habits can not advise members whether or not bonuses/rewards/rebates received by a member from Mad Habits is tax payable by you the member. Mad Habits strongly recommends each Mad Habits member undertakes their own due diligence regarding any tax ruling that may be or become payable due to said tax ruling in their respective country, by obtaining specific professional taxation advice from your own accountant. You agree that Mad Habits shall not be held liable for any tax or damages that may be or become payable by you, for any reason.
Conditions of use of the Service - Delivery
Mad Habits utilizes the services of 3rd party suppliers for all products displayed and advertised on the 'Mad Habits' website. Mad Habits is not the retailer (unless seen as 'Mad Habits' Shop in member shopping area), producer or manufacturer of any and all goods displayed to members. Therefore all products available and purchased through the site are shipped and/or delivered directly by the supplier displayed in ‘Shopping’ on the ‘Mad Habits‘ website. Mad Habits enlists the services of suppliers under strict terms whereby the supplier agrees to honour all orders to its members. Goods will be shipped at the freight prices displayed by the supplier, within the time frame displayed. However, in the event of failure to deliver goods ordered in the time and condition as advertised, Mad Habits is not directly responsible. Any disputes MUST be taken up with the supplier in question by the member involved - Mad Habits is not a mediator in such matters.
If Mad Habits is displayed as a supplier, eg. Shop named ‘Mad Habits‘ (the company) in the members shopping area, any disputes regarding product/purchases from Mad Habits must be taken up directly with the supplier (in this case Mad Habits). Goods from Mad Habits will be delivered via Australia Post (when ever posible) at your expense as displayed at time of purchase.
In all cases, losses arising from freight and delivery whether from Mad Habits or its 3rd party suppliers are a risk accepted by the ordering member.
Mad Habits or its supplier's can not be held liable, and no claim will be made by any member for such losses as long as proof of shipment is provided by the supplier. Any losses must ultimately be taken up with the transport company that effected loss or damage to said goods. Details of freight company and postal receipt number is displayed with delivery details in the members ‘Orders‘ area of the website.
Use of Vouchers & getting paid for joining voucher suppliers
As a member you can also introduce street level suppliers (shops) to the system.
Like: Restaurants, Hairdressers the Butcher, Sports shop maybe the Pub, your Solicitor or even your Accountant!
Mad Habits member opportunities to earn money are endless. The business must be legal (this means registered to be in business with the appropriate authorities) and have a place of business or in-home service for members to redeem their vouchers for the products or services offered on said voucher. If the type of business requires a licence to legally conduct business (like a liquor licence) the applicable licence type and number must be filled in on the supplier 'Registration Form' at the time of registration or application may be rejected.
Please ensure when enlisting the services of a supplier that 'you' or 'they' enter your Mad Habits membership number on the 'New Supplier Registration form' and when the new supplier has paid either at time of registration or by upgrading their registration/advertising subscription currently AUD$150.00 for 12 months. Mad Habits will pay MH75.00 points (AUD$75.00) directly into your 'My Mad Habits account' on receiving that payment. All new supplier's introduced by said member will also receive FREE member\'s membership on LEVEL 1 of the introducing member.
So wherever members are in the world* (could be whilst on holidays) here's an opportunity to earn money. Join 8 shops in a week and get paid MH600.00 points (AUD$600.00) for the week! & build level 1 too! (Why not travel the globe and fund the trip with Mad Habits) Mad Habits members can use the payment for shopping in their Mad Habits member shopping area, or even transfer any credited amount ** from their Mad Habits account to their PayPal account, and then on to their regular bank account. This allows you to get cash from millions of ATM's around the world in the currency you need. This offer of reward for effort by joining suppliers via the ‘Supplier on-line registration form‘ on www.madhabits.com is extended to all Mad Habits 'members' and 'suppliers'.
* PayPal membership must be available in those countries
** As per Conditions of use of the Service - Rebates - All members here in terms of use
When a supplier opts to supply members with redeemable in store vouchers.
‘In Store Vouchers‘ display like any other products in all other categories, except you can search for street level businesses via their closest large town or city in the country where you live. Vouchers are displayed as any other product and description of voucher and any supplier terms related to voucher will be in the description of goods that can be seen by ‘clicking‘ on the picture of the product, when viewing product prior to purchase in the shopping area. All \'Vouchers\' are valid for use for 90 days from date of purchase (unless otherwise stated) - so all vouchers are purchased on a use them or lose them basis! If a supplier has ceased trading during the valid voucher (90 day) term unless stated differently at time of purchase and displayed on the printed voucher. Members must contact Mad Habits admin to claim refund as per ‘refunds in terms and conditions‘ or acquire an alternative voucher for a different supplier via Mad Habits ADMIN. Acquiring a replacement voucher via Mad Habits ADMIN does not constitute a new order. This refund is not available for part voucher value and Mad Habits is not responsible for any losses incurred by members if the supplier ceases trade after the voucher has been redeemed by the member to the supplier. Example: In cases where full value has not been used via a supplier’s internal credit system, (as described in this section) The supplier will list the value of vouchers for sale under the Category ‘In Store Vouchers‘ The supplier has agreed to surrender products or services to the face value of said voucher. In the event that member can‘t (because it is not practical due to the type of business) redeem full value in one transaction (example; you buy a voucher listed for AUD$150.00 and the business is your local butcher and you only need $40.00 worth of meat this week) In such cases the supplier may agree to set a ‘credit in-store‘ for the member to use later. NO CASH/CHANGE is offered by the supplier as change for unspent portions of vouchers. A voucher can be redeemed as a part payment for a product or service with the balance of payment made directly with the vendor. By purchasing a voucher members agree that
1) ‘In Store Vouchers‘ must be redeemed for product or services and no cash is given as change for unused portion of voucher.
2) Vouchers are valid for 90 days from purchase date or as stated on voucher.
3) Vouchers are not transferable so must be used in the store they were bought from.
4) Vouchers are used for full price products and services, members agree that the use of a voucher on any sales/discounted or promotional products or services is at the sole discretion of the on-duty store/business manager and will abide by that decission.
The Voucher must be surrendered by the member to the supplier on the first transaction of any benefit with the supplier. Proof of ID must be provided to the supplier if requested by the supplier prior to redemption of voucher.
Attempting voucher fraud: All vouchers purchased by members for use in street level stores are not only emailed to the supplier, but are logged in the supplier‘s area of the website. The supplier has a comprehensive record of any vouchers that have been purchased for redemption at that store. A list of any current vouchers is kept in the place of business and all staff are trained to check the list when presented with a voucher - to ensure it is current. The purchasing members name, address and Mad Habits membership number is also logged in the suppliers area in relation to all orders. Any reported attempt from a supplier, of a member trying to obtain benefit by deception from any Mad Habits ‘Voucher supplier‘ will result in suspension of service and loss of bonuses whilst police are investigating the claim. If the case is proved Mad Habits will do everything in its power to retrieve funds from the member‘s internal account and pay it into the supplier‘s own internal ‘Mad Habits Account‘ (if a loss resulted to the supplier). Be assured Mad Habits will not tolerate attempted criminal behaviour that involves the company (Mad Habits) or its supplier‘s by any of its (Mad Habits) members. An offending member‘s membership will be cancelled and any points balance held in the member‘s account ‘after retribution to the supplier for any losses incurred’ will be paid into that cancelled member‘s PayPal account by admin upon cancellation of membership. A lifetime ban to use the Mad Habits site will be enforced thereafter.
Note: Mad Habits; Supplier’s are encouraged to take appropriate police action where/when/if necessary.
Conditions of use of the Service - Product Descriptions
Mad Habits and its affiliates attempt to be as accurate as possible, however Mad Habits does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current or error-free.
If a product offered for sale by a Mad Habits supplier is not as described, members must take it up with that supplier via the internal messaging system in the member\'s order area of the website.
If a product offered for sale by Mad Habits itself is not as described, members must is take it up with the company (Mad Habits) through the internal messaging system in the member\'s order area of the website.
Conditions of use of the Service - Third Parties and Affiliate Businesses
Parties other than Mad Habits and its subsidiaries may operate stores, provide services and sell product lines and services on this site. When Mad Habits provides links to the sites of affiliated companies and any other businesses, Mad Habits is not responsible for examining or evaluating such sites and does not warrant the offerings of any of these businesses, individuals or the content of any web sites. Mad Habits does not assume any responsibility or liability for the actions, product, or content of all these and any other third parties. In the event of direction to a 3rd party site, members should carefully review the privacy statements and all other terms and conditions of use before submitting any personal information, required to use any of those other sites.
Applicable Law
By visiting www.madhabits.com
or other domain names registered and used by Mad Habits - you agree that the laws of the state of New South Wales, Australia without regard to principles of conflict of laws, will govern these ‘Terms of Use’ and any dispute of any sort that might arise between you and Mad Habits or its affiliates will be governed by these laws.
Disputes/refunds
Because Mad Habits is not the direct supplier (unless otherwise stated) of goods or services displayed on
www.madhabits.com Any disputes between a member and a supplier in the event that either member or supplier fails to meet obligations relevant to fair trading practises, should be resolved through the integrity and goodwill between same member and supplier. In the event of a failure to resolve the issues amicably, you the member should seek appropriate compensation through the legal system in your country against the supplier in question. You agree Mad Habits is not responsible and cannot be held accountable by you, for the actions or conduct of said supplier.
In the event Mad Habits has affected a refund due to the failures of a third party supplier, you agree that Mad Habits will retain an admin/service fee of 17.5% of the first $110.00 plus retrieve any related bonus paid to you the member in relation to any DIRECT rebate that contributed to that months order rebates (as described above in 'direct rebates') Note; any/all returned/refunded payments are transferred/paid into the member 's Mad Habits account as Mad Habit Points (see above). You should not proceed with a membership registration if disputes/refunds are a deal breaker for you!
Any dispute relating in any way to your visit to
www.madhabits.com or to products you purchase through Mad Habits shall be submitted to confidential arbitration in the Wollongong court in the state of New South Wales in Australia, except that, to the extent you have in any manner violated or threatened to violate Mad Habits\' intellectual property rights, Mad Habits may seek injunctive or other appropriate relief in any country or Australian states in federal court in the state of New South Wales Australia, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator\'s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class action proceedings or otherwise.
By proceeding with a member registration you are agreeing to all the ‘Terms of Use’ as set out here and above, you understand and agree to the changing of said ‘Terms of Use’ when/if deemed necessary by Mad Habits or as governed by Australian federal or NSW state laws. If for any reason you dispute any of these ‘Terms of Use’ please do not proceed with a member registration.
Please feel free to contact us (via 'Contact us' at top of this page) if you need further clarification on any aspects.
Notice and Procedure for making claims of Copyright Infringement.
Mad Habits respects the Intellectual Property Rights of others and if you believe your work has been copied in any way that constitutes copyright Infringement please notify our copyright agent immediately.
Copyright Agent
Mad Habits Pty. Ltd.
(via contact us)
Contact Details
All other contact information is provided on the contact page
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| SUPPLIER : Terms Of Use [Back to top of page] |
DETAILS: TERMS OF USE - SUPPLIER
The Mad Habits Service 'The Service' and Mad Habits Website 'The Website' is owned and operated by Mad Habits Proprietary Limited (ACN 066 814 962) Australia 'Mad Habits' Your use and access to The Service and The Website is conditional upon your acceptance and compliance with all these terms, conditions, notices and disclaimers as appearing below contained in this document and elsewhere on 'The Website'. Your use and/or access to 'The Service' and 'The Website' constitutes your agreement to the 'Terms of Use' in these 'Terms of Use' and Mad Habits reserves the right to amend these 'Terms of Use' as required at any time without prior consultation or notification. Since your use of 'The Service' and 'The Website' is bound by these 'Terms of Use' you should periodically review this document.
Privacy
Please refer to the privacy policies on the privacy page found here
Electronic Communications
When you visit www.madhabits.com.au or send e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mad Habits or its content suppliers and is protected by Australian and international copyright laws. Information regarding products posted on this site is property of Mad Habits or its respective manufacturer.
Advertising and links to third party web sites.
Suppliers are not to use links, url's or website addresses that will take or promote a Mad Habits member away from the Mad Habits site, unless it is promoting the specific item that is for sale to members through member shopping on the Mad Habits site, 'where a more comprehensive description would be deemed beneficial to the member in the decision making for the purchase of the product or service from said supplier'. In essence this means if a supplier has a video or detailed description on 'You tube' 'Face book' or similar third party medium that describes a certain product or service more succinctly for the benefit of the Mad Habits shopper then this would be deemed acceptable as long as there are no avenues available for the member to purchase the product/service from other links or promotions that excludes or gives opportunity to exclude Mad Habits from the sale of a product or service to a member that originated from the Mad Habits site. Such behaviour will result with instant suspension of the Mad Habits supplier's account!
From time to time Mad Habits may display advertisements to promote certain products which may offer links to third party (or supplier) website's, Mad Habits is in no way liable for the content on third party website's and cannot be held accountable for the content found on sites outside of its domain www.madhabits.com and any sub folders or sub domains of this domain).
Disclaimer and limitation of liability
You expressly understand and agree that mad habits shall not be liable to you for any direct, indirect, incidental, special, consequential, exemplary damages or loss of profits or goodwill, or use of any information or product or use or loss of any data or any other intangible losses resulting from, including but not limited to:- (even if Mad Habits has been advised of the possibility of such damages):
- The use or inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service; or
- Any matter relating to the detriment of the service by Mad Habits.
- Fraud Error or Mis-description.
- Unauthorised Sale of Products and Services
This website is provided by Mad Habits on an "as is" and "as available" basis. Mad Habits makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. You also agree that all products and services displayed by you conform to the representation of that product on the website.
"You acknowledge that it is your responsibility to obtain any applicable licence of authorisation from any Government Institution or Body that is necessary for you to lawfully sell the products and services which you display on the website. You hereby accept all responsibility and liability for claims, losses, damage, prosecution or other imposition should it be found that your licence or authorisation is not permission for the sale of your products and services in any jurisdiction"
If your type of business requires a licence to conduct business legally (like a liquor licence) the applicable licence type and number must be filled in on the supplier application form, or your application may be rejected.
To the full extent permissible by applicable law, Mad Habits disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mad Habits does not warrant that this site, its servers, or email sent from Mad Habits are free of viruses or other harmful components. Mad Habits will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
User Licence to Mad Habits
Without prejudice Mad Habits is not responsible for products or services advertised by a supplier under this agreement. Legal responsibility for the advertising of products or services on the Mad Habits site by a registered supplier rests solely with said supplier. Mad Habits will co-operate reasonably with any formal request from any government agency in any country to the extent of supplying supplier details should there be grounds to do so.
Mad Habits grants you a limited licence to access and make business use of the Service and the Website as per the following provisions:
Our services are available only to, and may only be used by, persons who can form legally binding contracts as per all applicable law. In Australia the age is 18 years. In some countries age restrictions may be 21 years old, Mad Habits members have to be over 18 years of age to join and have all declared they are over 18 when they joined. So if as a supplier you are conducting business in countries that have a 21 years of age restrictions for some the type of product or service you offer it is the responsibility of you the supplier not to market those products or services available in those countries, states regions or territories. The research required to determine applicable age laws for destination of products or services is solely the supplier's responsibility. The technology has been built into the database to filter individual products being sold and being displayed in a supplier's home country by states/regions or filtering out an entire country or countries when loading each product to the supplier's store.
You may not register as a Mad Habits supplier if and not limited to;
- Business owners/persons under the age of 18 years;
- Business owners/persons who have been previously barred or suspended from receiving Mad Habits services, as a member or a supplier.
- Business owners/persons currently barred from receiving services under Australian state and federal law and other applicable jurisdiction. Any formal request (if any) from any government agency of any country seeking the identity of a particular supplier will be given priority over the Mad Habits privacy policy.
If you do not qualify to register for our services and do proceed with registration/use Mad Habits is not liable for any criminal activity you incur while using our service and upon discovery of an invalid supplier subscription or illegal sales activity. Any funds held rebates or awards received or due to be received will be frozen in the suppliers Mad Habits account by Mad Habits administration until arbitration/legal determination is concluded. You hereby authorise and direct Mad Habits to deduct the advertising subscription or any other fees that may be due and payable from my Mad Habits account.
All suppliers must fulfil all necessary registration information and this information must be provided to Mad Habits. You agree to warrant this and all information provided to Mad Habits to be accurate, current and complete about yourself and/or your business as required by the application form. FREE Supplier Registration is limited to a maximum of five (5) product and/or voucher listings, for unlimited access a small advertising subscription is payable as designated by Mad Habits administration currently AUD$150.00 per annum for unlimited access is binding for the period of that subscription (all registering suppliers will also get a FREE member's registration and member log in). Suppliers found to be in arrears of this subscription fee will still be able to log on to their store to process and conclude existing orders received prior to the lapse of advertising subscription, but during the lapse the store will be closed by admin to Mad Habits members for the procurement of new orders by the supplier until the overdue advertising subscription is paid. If sufficient funds are available in the suppliers 'Mad Habits account' the advertising subscription is automatically deducted so the account is always kept current. Email notification will be sent when the advertising fee is falling due. If there are not enough funds to pay from the internal account, suppliers can pay via PayPal when they next log on after the expiration date. Or contact admin.
Supplier warrants that the Mad Habits account number, username and password will remain secure and will only be used by you the registered user/business. You are responsible for ensuring its confidentiality and restricting access to your computer and understand and accept responsibility for any activity undertaken in use of the site. Mad Habits warrants to you that any information stored will be secure as per our Privacy Policy.
You may not use the Mad Habits logo or other proprietary graphics without express written permission from Mad Habits, unless said form/documentation/data containing graphics or logo is supplied to you the supplier by Mad Habits.
Termination of the Service
Mad Habits reserves the right to suspend (send fishing) or terminate The Supplier Service for one or all of the following reasons:
- If Mad Habits deems that unsuitable or misleading product information or related freight information is displayed by you.
- If Mad Habits determines you have not paid the necessary supplier subscription fees.
- If Mad Habits detects you are not fulfilling or shipping orders received within a reasonable time frame.
- If Mad Habits detects you are not controlling and monitoring stock as displayed in the website, leading to unfulfilled orders placed by members. (Stock control is built into the supplier's site, so problem should only be able to occur if supplier is selling stock listed on Mad Habits at other venues and is failing to update the stock level if items are sold elsewhere)
- If Mad Habits detects you are using the website for the purposes of soliciting business outside of the website, including spamming Mad Habits members.
- If Mad Habits detects you have established from your Mad Habits supplier area, an unauthorized link to your own web pages outside of the Mad Habits website.
- If Mad Habits detects you are attempting to transfer payments without completing necessary steps (allocating relevant shipping of goods information) to allow payment to you.
Receiving an order from members
All orders received through the website are logged in the secure supplier area, an email is automated to the supplier to inform them of a new order. Order processing and payment for order to suppliers are done after dispatch to customer/member through the site per order by the supplier. Record of dispatch date is recorded with the order as is the record of the received date by the member. Internal messaging function is available between members and suppliers
Conditions of use of the Service – Monetary Transactions
All products and corresponding freight costs listed on the Mad Habits site for sale MUST be displayed in Australian dollars (a currency converter is readily available on the site for your convienience) All payments due for new/unprocessed orders to the supplier are displayed in the suppliers account area and are kept in 'held pending dispatch' When the necessary steps in the order process 'Dispatch order' have been fulfilled (the order has been sent to the customer and dispatch info for order is filled in on the site), the funds for that order will automatically transfer to funds available then you are able to make a transfer payment to your PayPal account through your supplier area.
Your account balance will be displayed as funds pending and funds paid in your supplier area of the Website.
Mad Habits utilizes the services of PayPal (registered) for the purpose of all funds transfers from Mad Habits to each supplier. However, Mad Habits does not establish or control any transaction fees charged by PayPal for receiving payments - should there be any fees payable for this service by PayPal, the cost is paid by the supplier. The supplier understands that disputes related to such PayPal fees and charges must be lodged directly with PayPal and not Mad Habits.
When member's buy products they utilise an internal point system to make those purchases should a member have insufficient points to cover their purchase they can top up their shopping credits using PayPal. Any PayPal fees incurred from the aquisition of shopping credits by the member are bourne by the member.
This means the member pays all PayPal or credit card fees associated with placing any orders with any supplier's.
Mad Habits supplier's do not pay any fees (from PayPal or any credit card usage) on any orders/purchases by any members.
Supplier e-commerce shop features
Mad Habits will supply its supplier's with a fully maintained e-commerce site including
* A full user manual in the log in area (revised and updated regularily)
* Ability to add and display your store in as many Main categories you like
* Abilty to create up to 6 sub - sub categories per main category to list your products in
* Ability to add a product for sale in more than 1 Main category with just 1 entry (with the exception of products being listed in either Tobbacco products or A1 Instore Vouchers)
* Ability to easily change - edit listings and even change categories without relisting
(this means if you list a product in the wrong category by mistake, you can simply move it to the right one without having to delete and re-do listing from scratch)
* Ability to add new products very quickly (as little as 2 minutes) saving time and money
* Ability to close and re-open your shop as you deem fit (need a holiday, stock taking etc)
* Ability to omit a particular product from being sold to any resident of a particular state or country - giving you control over what you can sell and where you can sell to
* Full Stock control function with out of stock flags and automatic email to notify you
* Add description (change fonts colours etc)
* Add image to the description of goods for sale
* embed YouTube video links to play in your product descriptions (possible from some other sites too)
* Add freight template for your states/regions plus to other countries of your choice
* Integrated Payment system
* Full accounting with from date to date searches and print facilities
* Automatic display of Type of licence and licence number on the shop name button, you must fill in on application form for this to activate (covers many on-line selling legal requirements in many countries)
* Fully GST complient for Australian businesses (including requirement for selling off-shore) including date searches and print outs
* Simple to use order control and internal messaging to the customer in relation to orders
There are many other features on the site and you can create your own daily deal coupons. The bigger the discount the higher you will display on the page of deals for your region/city
Conditions of use of the Service - Costs/Rebates
A suppier's store can be used to supply Mad Habits members with any/as many legal products or services the supplier deems fit and display products with photo and description.
Suppliers are not restricted to the number of categories to list products in and are not charged for listing products or restriced to the number of products listed for sale (after the annual fee has been paid) so can display in as many categories with as many products as they wish.
If a desired main category is not available Mad Habits will create it within a reasonable time frame of a request for a main category being received from a supplier, as long as it is legal. (Do not request to have categories like weapons, drugs, stolen property for sale or hit man for hire etc. Mad Habits won't do it for you)
Mad Habits reserves the right to refuse to add a requested category. Mad Habits will allow you (within the database capability) to select the states/regions in the home country and add countries you wish to market to. The Mad Habits database will also allow suppliers to omit 1 or more products for sale to any state/region within your own country or omit a product from being displayed to a particular country that you wish to sell other products to. Example; you may be a fishing/marine store in the UK and you sell to Australia and the USA one of the items you sell may be an 150hp outboard engine obviously you can't sell that to the USA or Australia so you can block that item so no one in Australia or the USA even know you are selling it! But you can still display sell and send the fishing line, reels and lures. (So no more having to include script in the description like "we don't sell 150hp outboards to Australia or the USA" only to find some idiot orders it anyway!)
Mad Habits is either FREE (limited access) OR has an annual advertising fee currently AUD$150.00 (full access only) payable on registration and annually thereafter. Mad habits reserves the right to review the annual registration fee as it deems fit.
Mad Habits will charge suppliers a 17.5% of the sale price of the product sold (freight cost is not deemed as part of the product sold). The advertising fee is displayed as an advertising fee per order in the supplier account area.
Mad Habits supplier's do not have to pay any other fees from any external sources (like credit card fees etc) directly related to any orders received on the Mad Habits site.
This means that apart from the FREE or annual advertising/subscription fee of AUD$150.00 Suppliers only pay Mad Habits an advertising fee when they sell a product or service!
No sales = NO BILLS!
Mad Habits advertising costs should easily be offset against your business as legitimate advertising cost (see your accountant for specific rulings in your country). So you know exactly what your operating costs are (to the last cent) per item listed, so set the price you need to sell for, whilst still being able to keep a competitive edge in the market.
For suppliers understanding of fees; Mad Habits members are committed to spending a minimum of AUD$110 per calendar month or they don't qualify for their bonuses and rebates for that month. Members ALSO get paid (by Mad Habits not the supplier) a 10% rebate (this rebate is not applicable with any tobacco products purchased by a member as required by law) by Mad Habits on any amount they spend over the minimum monthly requirement of $110 (less a 1/11th safety margin) Members also receive monthly bonuses for up to 5 levels of introduced members when they spend a minimum of AUD$110.00 in any given month, through the Mad Habits supplier network. In short a large proportion of the 17.5% advertising fees paid on sales, is refunded back to the customers (members) in the form of bonuses and rebates which creates a loyalty by the member/shopper to Mad Habits and all of its suppliers.
You as a supplier agree to supply Mad Habits members with all displayed products and keep a vigil on stock control within the Mad Habits site. This means when you list a product for sale you enter the quantity available in 'Stock' for sale. The database will keep track of and display correct stock levels as you sell. If you are selling the same items through your street level store or other websites you agree to log into your Mad Habits supplier area and adjust the stock level. If you get new delivery and wish to increase the stock shown available log in and edit the stock amount. Mad Habits automatically sends a notification via email of 'Out of Stock items'. Adding stock or deleting out of stock product is made easy through the 'Stock Control' function in the 'Supplier' area of the website. An order given by the member cannot be reversed by suppliers, so if a supplier in unable to keep accurate record of stock being made available to and displayed on the Mad Habits site, suppliers should only list '1' for sale when entering stock available and rely on the notification from Mad Habits to re-stock the item. Please see
Termination of the Service.
As a supplier you will also receive a FREE members membership so you can also introduce other suppliers to the system, please ensure you or they enter your member number (not supplier number) on the registration form and when the new supplier has paid the AUD$150.00 registration fee, Mad Habits will pay AUD$75.00 supplier introduction bonus into your Mad Habits member's account, from there you can transfer funds to your PayPal account and in turn to your regular bank account (see member terms of use).
Each new supplier introduced also receives a FREE membership on level 1 of the introducing member (see Member How to buy on home page)
Conditions of use of the Service - Delivery
The supplier agrees to take full responsibility for the performance and service of the shipping company contracted by the supplier to deliver product/orders sent to Mad Habits members. It is the supplier’s responsibility to ensure appropriate insurance is included in any freight cost displayed on the site, on all products displayed and advertised on the website. Mad Habits is not the producer or manufacturer of any and all goods displayed to members, therefore all products available and purchased through the site are shipped and/or delivered directly by the supplier displayed on the Mad Habits website. Mad Habits enlists the services of suppliers under strict terms whereby the supplier agrees to honour all orders to its members. Goods will be shipped at the freight prices displayed by the supplier, and delivered within the time frame displayed by said supplier when order dispatch is affected. However, in the event of failure to deliver goods ordered in the time and condition as advertised by a supplier, Mad Habits is not directly responsible. Resolution of any/all conflicts arising from purchases between supplier(s) and member(s) must be resolved directly between the supplier and member. (see Disputes, below)
Conditions of use of the Service - Product Descriptions
You, the supplier agree that descriptions of products and services displayed will be as accurate as possible. Mad Habits accepts no responsibility that product descriptions or other content of its site are accurate, complete, reliable, current, or error-free. However, supplier agrees to display all items as accurately as he/she is aware. It is strictly forbidden to upload pornographic, illegal or offensive photographs or descriptions on to the site. If a product offered by a supplier is not as described, members are advised to return it in unused condition for a full refund. Mad Habits does not refund any fees paid to us by the supplier for any order that the supplier is required to return part or whole of the order, and the supplier expressly agrees to make no claim against Mad Habits for return of such fees in those circumstances.
Conditions of use of the Service - Third Parties and Affiliate Businesses
Mad Habits understands that suppliers and subsidiaries operate stores, provide services, or sell product lines outside of the site
www.madhabits.com You the supplier agree not to provide links to their own sites and any other business, without first obtaining the express permission of Mad Habits administration. Mad Habits does not assume any responsibility or liability for any actions, product, and content of any third party links. In the event Mad Habits detects an unauthorized link from your pages have been established, suppliers subscription will be immediately suspended or terminated without refund or debate.
Conditions of use of The Service – Supplying of Vouchers.
There are 2 types of vouchers a supplier can sell
1) Daily Deals
2) A1 in-store vouchers
Where supplier opts to list and supply redeemable Daily Deals (as displayed on the home page) the supplier sets the dates for the deal and how long the voucher will be valid for (1 month, 2 months etc) and how many deals they are prepared to sell. The supplier agrees to include in the description of the deal any terms and conditions that attain to said deal. The supplier also agrees to include their opening hours in the description of the deal.
The supplier agrees to honor all voucher redeemed within the terms and conditions set by supplier in the description of the deal.
In the event of a coupon not being used by the purchaser or the person it was gifted to - within the valid dates as set by the supplier, the payment for that voucher will be processed automatically (on expirey of the voucher) by the system and the appropriate funds will be displayed in the supplier account area for that deal.
This means any un-used vouchers you will get paid for them when they expire (research shows anything up to 1 in 5 never get redeemed). Payment of the Mad Habits advertising fee @ 17.5% is automatically concluded on the payment of expired voucher to supplier. It is entirely up to the supplier if they give customer service for expired vouchers as they have been paid for them.
Where supplier opts to supply members with redeemable in store vouchers In the A1 in-store main category. If outside Australia the value of said voucher must be included in the title on the product listing. Eg. In the UK ‘£50.00 Voucher’ would be included in the product title because the Voucher value will be displayed in Australian $ (see user manual) The supplier will list the value of vouchers for sale under the Category 'In Store Vouchers' Vouchers are displayed as any other product ordered only the order dispatch number required to get paid, is physically on the voucher surrendered by the member at the place of business. The supplier agrees to surrender products or services described to the face value of said voucher. In the event that member can't (because it is not practical due to the type of business) redeem full value in one transaction (example; member buys voucher for AUD$150.00 you are a butcher and member needs $40.00 worth of meat this week) In such cases the supplier agrees to set a credit in-store for the member to use later. NO CASH/CHANGE is necessary. Members have agreed that ' In Store Vouchers' must be redeemed for product or services and no cash is given as change for unused portion of voucher. Voucher must be taken from the member on the first transaction then supplier can log on to www.madhabits.com and process voucher for payment through the supplier area of the website, by inserting the dispatch number on the voucher. It is the responsibility of the supplier to log voucher order numbers and confirm member id to satisfy themselves that the voucher is valid and being surrendered by the member or the person named on 'deliver to'. section on the voucher. (Note: Many features from the daily deals will be incorporated into A1 vouchers in the near future)
Attempted Voucher fraud by members
A valid voucher will be displayed on the website in the supplier’s ‘View Orders’ and ‘My Account’ area. Once a supplier has received a voucher and redeems it for payment (by dispatching using the security number on the voucher) that voucher with that order number is marked as paid!
It is the responsibility of the supplier to ensure that they are not offering value for a voucher that has already been processed by said supplier through their Mad Habits log in, and payment has already been confirmed. A ‘voucher being presented to the store for a second time with the same order number is only possible if the member fraudulently prints or copies a voucher with the same order number or doctors an order number that would not correspond with the recorded numbers in the suppliers order area. All new vouchers purchased by members for use in the ‘store’ or the ‘service’ are not only emailed to the supplier but are logged in the supplier area of the website. If on-line access is not available in store, it is highly recommended a list of any current voucher numbers is kept in the place of business and all staff are trained to check the list when presented with a voucher to ensure it (the voucher) is current. (print the email voucher confirmation keep it in till and attach the voucher when surrendered, if there is no printed email in the till check your email in box or the website to confirm validity prior to redemption - it's not hard) Each unique voucher can only be redeemed for payment in the supplier area of the website once. In the event/if a problem arises with multiple presentations of vouchers the supplier must take appropriate police action against member (their name & address is on the purchase order) and inform Mad Habits. Mad Habits has the ability to suspend the members account whilst investigating. If the case is proved Mad Habits will do everything in its power to retrieve funds from the member's internal account and pay it into the supplier's internal account. However if there is no way of retrieving the funds for an invalid voucher, the supplier agrees the voucher redeemed through said suppliers lack of due diligence, is solely the responsibility of the supplier to bear the cost/loss for their own poor management. Be assured Mad Habits will not tolerate this sort of behaviour from any of its members and their membership will be cancelled by admin.
Applicable Law
By using www.madhabits.com you agree that the laws of the state of New South Wales Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you the supplier and Mad Habits or its affiliates.
Disputes
Any disputes between a supplier and a member in the event that either member or supplier fails to meet obligations relevant to fair trading practises, should be resolved through the integrity and goodwill between same supplier and member. In the event of a failure to resolve the issues amicably, you the supplier should seek appropriate compensation through the legal system in your country against the member in question. You agree Mad Habits is not responsible and cannot be held accountable by you, for the actions or conduct of said member.
Any dispute with Mad Habits relating directly in any way from your visit to
www.madhabits.com shall be submitted to confidential arbitration in the Australian courts in the state of New South Wales except that, to the extent you have in any manner violated or threatened to violate Mad Habits' intellectual property rights, Mad Habits may seek injunctive or other appropriate relief in any country or any Australian state or federal court in the state of New South Wales, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class action proceedings or otherwise.
Notice and Procedure for making claims of Copyright Infringement-
Mad Habits respects the Intellectual Property Rights of others and if you believe your work has been copied in anyway that constitutes copyright Infringement please notify our copyright agent immediately.
Copyright Agent
Mad Habits Pty. Ltd.
Australia (via contact us)
Contact Details
All other contact information is provided on the contact page.
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