About the Application

1. Welcome to Get Sortd (the 'Application'). The Application allows you to save, organise, track, share and buy third-party product that you are interested in purchasing (the 'Services').

2. The Application is operated by Sortd Administration PTY. LTD. (ABN 44 645 698 488)

3. Access to and use of the Application, or any of its associated Products or Services, is provided by Sortd Administration. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

4. Sortd Administration reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sortd Administration updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

1. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sortd Administration in the user interface.

Registration to use the Services

1. In order to access the Services, you must first register for an account through the Application (the 'Account').

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:

   1. Email address

   2. Telephone number

   3. Password

   4. Gender

   5. Full Name

3. You warrant that any information you give to Sortd Administration in the course of completing the registration process will always be accurate, correct and up to date.Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.

4. You may not use the Services and may not accept the Terms if:

   1. you are not of legal age to form a binding contract with Sortd Administration; or

   2. 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.

Your obligations as a Member

1. As a Member, you agree to comply with the following:

   1. you will use the Services only for purposes that are permitted by:

      1. the Terms; and

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

   2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sortd Administration of any unauthorised use of your password or email address or any breach of security of which you have become aware;

   4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Sortd Administration providing the Services;

   5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sortd Administration;

   6. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Sortd Administration for any illegal or unauthorised use of the Application; and

   8. you acknowledge and agree that any automated use of the Application or its Services is prohibited.

Copyright and Intellectual Property

1. The Application, the Services and all of the related products of Sortd Administration are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sortd Administration or its contributors.

2. All trademarks, service marks and trade names are owned, registered and/or licensed by Sortd Administration, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

   1. use the Application pursuant to the Terms;

   2. copy and store the Application and the material contained in the Application in your device's cache memory; and

   3. print pages from the Application for your own personal and non-commercial use.

3. Sortd Administration does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Sortd Administration.

4. Sortd Administration retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

   1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

   2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 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

5. You may not, without the prior written permission of Sortd Administration and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Privacy

1. Sortd Administration takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Sortd Administration's Privacy Policy, which is available on the Application and at https://www.getsortd.co/privacy-policy.

General Disclaimer

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.

2. Subject to this clause, and to the extent permitted by law:

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

   2. Sortd Administration 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.

3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sortd Administration make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Sortd Administration) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   1. 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;

   2. the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

   3. costs incurred as a result of you using the Application, the Services or any of the products of Sortd Administration; and the Services or operation in respect to links which are provided for your convenience.

Competitors

1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Sortd Administration. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Sortd Administration will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Limitation of liability

1. Sortd Administration'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.

2. You expressly understand and agree that Sortd Administration, 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.

Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Sortd Administration as set out below.

2. If you want to terminate the Terms, you may do so by:

   1. not renewing the Subscription prior to the end of the Subscription Period;

   2. providing Sortd Administration with 14 days' notice of your intention to terminate; and

   3. closing your accounts for all of the services which you use, where Sortd Administration has made this option available to you.

   Your notice should be sent, in writing, to Sortd Administration via the 'Contact Us' link on our homepage.

3. Sortd Administration may at any time, terminate the Terms with you if:

   1. you do not renew the Subscription at the end of the Subscription Period;

   2. you have breached any provision of the Terms or intend to breach any provision;

   3. Sortd Administration is required to do so by law;

   4. the provision of the Services to you by Sortd Administration is, in the opinion of Sortd Administration, no longer commercially viable.

4. Subject to local applicable laws, Sortd Administration reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sortd Administration's name or reputation or violates the rights of those of another party.

Indemnity

1. By using the Service, you acknowledge that Sortd does not own, rent, lease, sell, resell, furnish, provide, manage, or control any of the Products. Sortd only provides a tool that allows you to save and track Products. It shall not be responsible for any purchases you make, the quality or provision of any Products, or the conduct or behaviour of any retailers whose Products you have saved, tracked, or purchased.

2. You agree to indemnify Sortd Administration, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

   2. any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

   3. any breach of the Terms.

Dispute Resolution

1. Compulsory:

   If a dispute arises out of or relates to the Terms, 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).

2. Notice:

   A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution:

   On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

   1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

   2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

   4. The mediation will be held in Sydney, Australia.

4. Confidential:

   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

5. Termination of Mediation:

   If 2 weeks have elapsed after the start of a mediation of the Dispute and theDispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

1. The Services offered by Sortd Administration is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

1. 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.

Severance

1. 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.

Giveaway Terms and Conditions Interpretation

1. By participating in any promotion run by Sortd on Instagram or any other platform, entrants acknowledge that they have read and understood these Terms and Conditions and agree to be bound by them. Entries must be submitted in accordance with the instructions on individual promotions to be valid.

2. Each prize and promotion must be taken as stated. Sortd reserves the right to substitute the prizes in whole or in part for something of equal or greater value if any component of the prize is unavailable (subject to any applicable legislation). Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product. Prize cannot be sold to any other person (including by online auction or private sale).

3. Prizes will be sent by post to the email address nominated in the winner's entry and winner will need to provide promotor with their address via email to info@getsortd.co. Winners should allow 28 days from the prize draw for delivery of their prize. Once prizes have been sent by the Sortd, the Sortd takes no responsibility for prizes damaged, delayed or otherwise lost.

4. Nothing in these Terms and Conditions limits, excludes or modifies any rights under the Australian Consumer Law or other applicable law. Except for any liability that cannot by law be excluded (in which case that liability is limited to the maximum extent allowable by law), the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with the promotion, the awarding or provision of any prizes or the marketing of the promotion.

5. Sortd reserves the right, at any time, to verify the validity of entries and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. Failure by Sortd to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. Sortd is not responsible for any problems or technical malfunction of any communication network or for any late, lost, corrupted or misdirected entries or other communications whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database. Entrants acknowledge that the Internet is not a secure medium and that the Sortd is not responsible for the security of on-line entries.

7. If for any reason this promotion is not capable of running as planned, including due to computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Sortd which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, Sortd reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions given by any relevant regulatory authority.

8. Sortd’s decision on all aspects relating to this promotion is final. However, Sortd will consider any dispute concerning the conduct of the promotion or claiming a prize and endeavour to resolve the dispute.

Refer-a-Friend Campaign

We may, at our discretion, offer a refer-a-friend program ("Referral Program") to our users. By participating in the Program, you agree to abide by the following terms and conditions:

1. Eligibility: To be eligible for the Program, you must be a current user of Sortd.

2. Referral: You may refer friends or acquaintances to Sortd by sharing a unique referral link provided by us or through steps outlined by us. This link and any specified steps must be used for referrals to qualify for rewards.

3. Reward: Upon successful referral, both the referrer and the referee may be eligible to receive a reward, which will be specified at the time of referral. Rewards may be subject to change at our discretion. Rewards may be paid out by any means specified by Sortd and will be specified at the time of the campaign. This can include gift cards, bank deposits and vouchers.

4. Claims: Sortd may request a user to provide information prior to the issuing of any reward. The user will have 7 days to respond to a request for information, after which time the reward will be considered forfeited.

5. Redemption: Rewards earned through the Program may be subject to specific redemption conditions, including but not limited to minimum purchase requirements or account activation criteria.

6. Fraudulent Activity: Any attempt to manipulate the Program or engage in fraudulent activity will result in disqualification from the Program and may lead to account termination.

7. Changes and Termination: We reserve the right to modify, suspend, or terminate the Program at any time without prior notice. Any changes to the Program will be effective immediately upon posting on our website or other designated channels.

8. Limitation of Liability: Sortd shall not be liable for any damages, losses, or expenses arising out of or in connection with the Program.

9. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales.

By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Licence to use your posts

1. If you post any images and/or videos featuring any of Sortd’s Services (Post) on your social media pages (including Instagram, Facebook, Linkedin, Twitter and/or TikTok) and tag @get_Sortd you

   1. hereby grant Sortd a royalty free, perpetual, worldwide right and licence to (and to authorise others on our behalf to) share and repost the Post on our social media pages and use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute and display such Posts in any media and by any means for our promotional purposes from time to time;

   2. consent to Sortd using and publishing (and authorising others to use and publish) for the above purposes your name, image, likeness or anything else that identifies you which is contained in the Post; and

   3. warrant that you have obtained all necessary licences, consents and approvals in relation to the Post (including intellectual property licences and in relation to the use of the name, image, likeness or anything else that identifies any other person included in the Post) to permit us to deal with the Post in the manner described above.

2. If you decide that you no longer wish for us to use a Post, you are required to contact us as soon as possible. We may, in our absolute discretion, remove the content if possible to do so.

Contact us

Any questions about the Sortd and its Services, should be sent to us on info@getsortd.co.