Terms & Conditions
Website and Purchase Terms and Conditions
sauced.shop is an online multivendor marketplace platform which connects Buyers to Vendors of independent and specialty alcohol and other goods.
This website including its associated applications and platforms (Website or Platform) is owned and operated by Sauced Shop Pty Ltd 643 232 704 (We or sauced.shop).
By accessing or viewing this Website or by using our Services, you agree to comply with these terms and conditions (Terms).
In these Terms:
- “You” or “User” means any person who accesses or views this Website (including but not limited to Buyers and Vendors);
- “Vendor” means any person or entity who supplies Products to Buyers via the Website;
- “Buyer” means any person or entity which purchases Products from Vendors via the Website;
- “Products” means any products available for purchase via the Website, including but not limited to alcoholic beverages and snacks;
- “Loss” means any direct or indirect loss, claims, damages and costs of any kind (including legal costs);
- “Services” means our services, being the provision of a Software as a Service” platform where Buyers can view and purchase Products from Vendors, and Vendors can arrange delivery of Products to Buyers.
- “Transaction” means the purchase, sale and/or delivery of Products between Buyers and Vendors.
Access to the Website
You must be over 18 years old to use the Platform. If you are under 18 years old you may not access or purchase products from this Website.
Your access to and use of the Website is conditional upon your compliance with these Terms.
If you are using the Website on behalf of your employer or another corporate entity, you represent and warrant that you are authorised to act on behalf of your employer or the entity and bind that entity and its personnel to these Terms.
Registering and Account
In order to access and use certain features of our Website (including the Vendor sale platform and the Buyer wholesale purchase platform) you may be required by us to first create an account with us (Account).
Any entity may have a maximum of one (1) Buyer Account and one (1) Vendor Account for each business held by that entity (each holding a unique Australian Business Number (ABN)).
You must provide us all information requested by us as a condition to registering the Account, which may include but is not limited to:
- your name;
- your contact details and address;
- business entity details;
- qualification details;
- evidence of required licenses or insurances; and
- anything else we require.
By registering an Account, you agree that information is true and correct and that you will maintain and update the information as required in order to keep it current, complete, and accurate.
You are solely responsible for maintaining the confidentiality of your passwords and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account. Therefore, you must take steps to ensure that unauthorised users do not gain access to your password and Account. You must not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account.
If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account. You agree to immediately notify us of any unauthorised use of your Account.
We may make access to and use certain parts of the Website and your Account that are subject to conditions or requirements, including cancellation history, quality of the services, and/or threshold of reviews.
sauced.shop offers a Software as a Services (SaaS) online marketplace platform, which connects Buyers to Vendors, enabling the advertisement, purchase, sale and delivery of Products between Buyers and Vendors, and making available logistics, distribution and warehousing services to support the sale and delivery of the Products.
Buyers may use the Website to view, search, browse, and purchase Products from and communicate with Vendors.
Vendors may use the Website to create online listings of their Products, from which Buyers can browse and purchase (Listings).
The Vendor must make publicly viewable on the Listing all information required by sauced.shop, including but not limited to a full an accurate and complete description of their Products, their purchase price including applicable tax and shipping costs, additional terms, conditions or warranties about the Products, high quality images of the Products, details such as their qualifications, licences, previous experience, location, opening hours and their availability for bookings where applicable.
You agree and acknowledge that:
- we do not ourselves advertise, purchase, sell, or deliver Products between Buyers or Vendors;
- Transactions are made between Buyers and Vendors, and we are not ourselves a party to any Transaction made on or via the Website;
- we make no representation, warranty, or guarantee to you regarding the quality, accuracy, legality, compliance, suitability or applicability of any other Website user, Buyer, Vendor or Product;
- we are under no obligation to assist in relation to any dispute arising between any users, Buyers or Vendors, relating to or originating from their use of the Website or any Transaction made or via the Website;
- the replacement, repair, resupply or refund of any goods and/or services ordered, or any disputes relating to any goods and/or services ordered on the Website, is a matter between the relevant Buyers and Vendor. The Buyer or Vendor may only contact us for assistance where the dispute relates the manner in which we have provided the Services.
Users must therefore use their own efforts to verify the quality, accuracy, legality, compliance, suitability or applicability of any other Website user, Buyer, Vendor or Product.
We may require Vendors to hold, maintain and provide to us evidence on request of any and all insurance policies required by law, or which would be held by a reasonably prudent Vendor.
Where we do so, we do not confirm that the insurance is sufficient or suitable for the goods and/or services which the Vendor provides. If we do not ask Vendors to provide evidence of insurance this does not indicate that we believe they do not require insurance. Vendors acknowledge and agree it is their responsibility to make investigations and receive professional advice on the insurance required.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Buyers and Vendors can communicate privately using our enquiry form or offline using the contact details displayed on the Vendor Profile or as included in any enquiry form or Booking.
Buyers and Vendors must not use the contact details to organise the provision of Products outside the Website, and we reserve the right to terminate a Buyer or Vendor account immediately if we become aware of such transactions.
Users may otherwise only use User contact information for legitimate and appropriate purposes, must not engage in unsolicited, inappropriate or illegitimate communications. We are not responsible for the contents of any User communication.
Buyers may rate and review their experience with Vendors on the Website in accordance with these Terms (Review).
Reviews will remain viewable on the Vendor profile until the relevant Vendor Account is removed or terminated, or until deleted in accordance with these Terms.
- provide true, fair and accurate information in Reviews; and
- only write Reviews about Vendors with whom they have had an engagement, transaction or communication (Customer Experience) within the 12 months prior to writing the review;
- not write Reviews on behalf of other users;
- not write Reviews about a Vendor which you or a family member (presently or previously) owns or is employed by; and
- not write Reviews about a competitor to a company which you or a family member (presently or previously) owns or is employed by.
If we consider that the Review is untrue, unfair, inaccurate, offensive, inappropriate or otherwise does not comply with these Terms, we may in our discretion delete the Review or ban the User from posting the Review.
Buyer Payment Process
When purchasing a Product from this Website, the Vendor’s price for the Product and any shipping or delivery costs will be displayed (Price).
Unless otherwise specified by us, Buyers will be required to pay for the Product in full (including applicable shipping costs) into sauced.shop’s account by sauced.shop’s nominated payment method at the time of placing your order.
We provide a number of payment methods on the Website, including our third party payment processor, currently Stripe and the third party payment processor Stripe Connect for Purchases made on Vendor Listings. We may change our third party payment processor from time to time. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
Payments will then be disbursed by sauced.shop into the Vendor’s nominated bank account in accordance with these Terms.
The Vendor may, in its discretion, refuse to accept an order from you if the Product is unavailable for any reason. After you place an order to purchase a Product, you may receive an email from us or the Vendor stating that the Product is unavailable.
We or our subcontractors will use our best endeavours to deliver the Product to Buyers at the place of delivery specified within the time indicated by us at the time of the order, but we cannot guarantee any delivery times. If in accordance with relevant laws, Buyers may grant us or our subcontractors authority to leave the Product at a designated area, in which case they understand and agree that:
- this authority gives us and/or our subcontractors permission to leave the Product unattended at the place specified by you without obtaining a signature confirming delivery; and
- that by granting us or our subcontractors authority to leave the Products, we and our subcontractors are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
All risk in the Product shall pass to you upon delivery. It is your responsibility to take care when opening the Product or packaging so as not to damage it. From the time when risk passes to you, neither we, our subcontractors nor the Vendor will be liable for loss or damage to the Product except as otherwise provided by Australian Consumer Law.
In consideration for providing the Services, Vendors must pay to sauced.shop:
- the applicable subscription fee (monthly or yearly);
- sauced.shop’s transaction service fee, on Vendor confirmation of a Transaction;
- any third party fees, including delivery and payment processing fees;
which the Vendor acknowledges may be set off against payment of the Price Balance, with any other amount due under these Terms.
Payment of Price Balance
sauced.shop will disburse the amount paid by a Buyer for a Vendor’s Product/s less any amount payable under these terms (Price Balance) into the bank account nominated by the Vendor, within seven (7) days of the end of the week in which the Buyer has paid in full.
sauced.shop may offer wholesale Product Buyers Trading Terms in its discretion which, if it accepts the Product order, the Vendor agrees to honour.
Under these terms, the Vendor may accept orders for and complete deliveries for Products before any part of the Product purchase price is paid by the Buyer (Trading Terms).
Unless otherwise stated in writing by sauced.shop, under the Trading Terms:
- all payments are due and payable by the Buyer to sauced.shop within 28 days of the original order date;
- additional reminders for Product purchases will be issued to the Buyer by sauced.shop on 21 days and 28 days from order confirmation;
- payments are deemed overdue 29 days after the original order date.
For the avoidance of doubt, Trading Terms will be available only for wholesale Product purchases, at sauced.shop’s discretion.
Trading Terms Risks
The Vendor acknowledges and agrees that, whilst Trading Terms are common in the wholesale Product supply industry, they involve risk to the Vendor (including risk of non-payment by the Buyer). Where Trading Terms apply to a transaction, Vendor acknowledges and agrees:
- that any dispute relating to non-payment of the Transaction price will be managed between the Vendor and the Buyer and the Vendor releases sauced.shop from any liability, Loss, claim, cost or expense relating to this;
- that sauced.shop will be under no obligation to provide any assistance resolving a dispute arising from Trading Terms, however may in its discretion follow up payment up to two times on behalf of the Vender;
- that, if sauced.shop collects any additional interest or late payment fees from the Buyer due to late payment, Sauced.shop is under no obligation to pass on the interest to the Vendor with the Price Balance;
- the Vendor will not be entitled to the Price Balance until after Sauced.shop is paid in full, in accordance with these terms; and
- notwithstanding any non-payment by the Buyer, sauced.shop’s Service Fees will apply to the Transaction, which may be demanded immediately or set off against future Transactions.
If a Buyer does not pay the full purchase price under Trading Terms (28 days from order date):
- the Vendor may exercise any legal recourse against the Buyer to recover the unpaid amount; and
- the Vendor may in circumstances engage authorised debt collectors; and
- sauced.shop may, in its absolute discretion, immediately and without notice:
- suspend and/or terminate the Buyer’s Account;
- notify Vendors of the Buyer’s default;
- list the Buyer’s details on any online register of defaulting payers, whether run on sauced.shop’s website or a third party website
Promotional discount codes
We may at our discretion from time to time issue promotional codes for the Platform (for example, where requested by the Vendor and accepted by us). To claim any promotion (where available), Buyers must enter the promotional code at the time of submitting your Booking through the Platform. The conditions of use relating to promotional codes will be specified on the Website at the time they are issued.
Payments are Final
In the absence of fraud or mistake, all Vendor and Buyer payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Compliance with Liquor Laws
You must at all times be aware of and comply with your State of Territory’s laws and regulations relating to the purchase, sale and consumption of alcoholic beverages.
For more information about the rules and state’s laws, see:
- Australian Capital Territory Liquor Act 2010
- New South Wales Liquor Act 2007
- Northern Territory Liquor Act
- Queensland Liquor Act 1992
- South Australian Liquor Licensing Act 1997
- Tasmania Liquor Licensing Act 1990
- Victoria Liquor Control Reform Act 1998
- Western Australia Liquor Control Act 1988
It is your responsibility to consume alcohol responsibly.
Specifically, buyers must:
- at all times hold, comply with and display on the Website a valid and current liquor license, including a liquor license which enables them to sell alcohol through delivery services;
- fully comply with all laws and regulations relating to the sale and delivery of alcohol; and
- at all times comply with the Alcohol Beverages Advertising Code (ABAC).
The delivery of alcohol to the general public will be within the hours outlined below, or as per any updated liquor laws. The cost of delivery will be calculated at check out.
Liquor may only be delivered during the following hours:
- between 9 a.m. and 11 p.m on any day other than Sunday, Good Friday, ANZAC Day or Christmas Day.
- between 10 a.m. and 11 p.m on Sunday.
- between 12 noon and 11 p.m on ANZAC Day.
No deliveries are permitted on Christmas Day or Good Friday.
It is the responsibility of the Vendor to ensure delivery takes place within the stipulations of their own liquor licence, within the aforementioned delivery times and otherwise in accordance with all applicable laws.
Accordingly, and without limiting the Vendor’s obligations:
- Liquor must be delivered to a person aged 18 or over. The licensee must ensure that delivery arrangements include requiring evidence of age where appropriate.
- Liquor must not be delivered and left at unoccupied premises on the same day the order is received.
Consequence of Non-Compliance
You accept and acknowledge that activity that doesn't comply with our alcohol policy could result in a range of actions including but not limited to:
- administratively ending or cancelling listings;
- hiding or demoting all listings from search results;
- Imposing selling restrictions; and
- account suspension or deletion.
In the event of sauced.shop taking any above action, all fees paid or payable in relation to listings or accounts on which we take any action remain due, will not be refunded or otherwise credited to your account.
Despite our rights and the relevant information provided above, you agree and acknowledge that we are not responsible for ensuring your compliance with your State of Territory’s laws and regulations relating to the purchase, sale and consumption of alcoholic beverages.
Content and Intellectual Property
sauced.shop Intellectual Property
Unless otherwise indicated, we own or have the rights to use:
- all copyright in this Website and its contents;
- all intellectual property, including design rights, in the Services and the Website; and
- any trade names or trade marks associated with the Website and the Services
You must not in any way copy, reproduce, replicate or imitate any of the Website or the Services without our prior written consent.
You must not in any way reproduce, publish, communicate or adapt any part of this Website, including any these terms and conditions, without our prior written consent.
We reserve all rights in relation to all intellectual property.
User Intellectual Property
Users may post, upload, publish, send, receive, download and view relevant content and information, including in Vendor Profiles, Vendor Ecommerce Pages, within enquiry forms and Reviews on or through our Website (User Content).
Users agree and represent that:
- they are solely responsible for all User Content made available on or through the Website;
- they are the sole and exclusive owner of all User Content;
- they have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms;
- User Content is at all times complete, accurate, not misleading and lawful and you must immediately your information upon being aware of any outdated or incorrect information);
- neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
- they may not in any way copy, reproduce, replicate, imitate, publish, communicate or adapt any part User Content, or otherwise breach another Users’ intellectual property rights, without the owner’s prior written consent.
Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, worldwide, non-transferable licence to download and use our Website on your device(s) and access and view any Content, in accordance with these Terms. We otherwise strictly reserve all our intellectual property rights.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, and sublicensable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Website and promote the Website in any media or promotional material.
All Users acknowledge, agree and warrant the following:
- you will not use our Website or Services, including the any content, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Website is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
- you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform to break any law, infringe any person’s rights, to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or in any way that damages, interferes with or interrupts the supply of the Platform;
- where you are a Vendor, you are responsible for complying with all laws, rules and regulations which apply to providing the goods and/or services in your Vendor Profile or Vendor Ecommerce Page;
- where you are a Vendor, you are appropriately qualified, and have any required skills, knowledge or training, to provide the goods and/or services; and
- where you are a Vendor, you are solely responsible for determining the type, timing, manner and means, methods or processes of providing your goods and/or services, the price you charge for goods. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the goods and/or services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your goods and/or services. You are responsible for any taxes payable on any fee you receive for your goods and/or services.
Australian Consumer Law
You have a number of rights and consumer guarantees under Australian Consumer Law, including that our Services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
If during the provision of our Services we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem.
If the Service is confirmed to have a major problem, we will re-supply the Services or refund all or part of the price of the Services (as applicable) to your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem.
We do not offer refunds where you insisted on having the Services provided in a particular way against our advice, failed to clearly explain your needs to us or simply changed your mind.
For the avoidance of doubt, sauced.shop’s liability under consumer guarantees will be limited to liability relating to the Services.
Any consumer guarantees relating to the Products, including Product delivery, and any obligation arising under these guarantees, will be the sole responsibility of the Vendor.
Limitation of Liability
Despite anything to the contrary, to the maximum extent permitted by law:
- we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis (other than to the extent required by Australian Consumer Law);
- we will not be liable for consequential loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s personnel or authorised users); and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the sauced.shop Services to you or, in our sole discretion, to us repaying you the amount of the Subscription Fee, paid by you to us in respect of the supply of the sauced.shop Services to which the Liability relates, or where there is no Subscription Fee paid, $100.
Indemnity and Release
To the maximum extent permitted by law, you agree to indemnify us, our associates, employees and contractors for and against all Loss, howsoever arising, suffered or incurred by us and arising from or in connection with you or your associates, employees or contractors’ breach of these Terms, your breach of any applicable laws, any Transaction or your use of the Website.
To the maximum extent permitted by law, you and your associates, employees and contractors agree to release us and our associates, employees and contractors from all Loss, however arising, relating to:
- Loss suffered or incurred by any User or third party;
- any dispute between Users;
- any dispute between, Vendors, Buyers, Users or third parties;
- any interruption breakdown or loss of content on or in relation to the Website;
- any interruption, breakdown, delay or loss of content on or in relation to the Website or Services, for whatever reason;
- any authorised or unlawful User’s acts or omissions;
- any use or application of the sauced.shop Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any aspect of the Buyer and Vendor interaction, including the goods and/or services offered by the Vendor, the description of the goods and/or services requested or offered, any advice provided, the performance of services, or supply and delivery of goods by the Vendor or the payment of any amount by the Buyer;
- any works, services, goods, materials or items which do not form part of the sauced.shop Services (as expressed in these Terms),or which have not been provided by us; and
- any third parties or any goods and services provided by third parties, including but not limited to third party delivery or payment service providers which the provision of the Website or Services may be contingent on, or impacted by.
Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
We may terminate these Terms and your Account at any time by giving 30 days’ written notice to you (Termination for Convenience).
You may terminate your Account at any time by using the ‘terminate account’ or similar function on your Account.
We may terminate, restrict, suspend or delete your Account (at our discretion) on 7 days’ notice in the event of:
- your breach of these Terms (whether actual, or believed on reasonable grounds);
- non-payment of any amount due under these terms;
- as a Vendor, you repeatedly receive reviews below 3 stars; or
- there is any reason outside our control which has the effect of compromising our ability to provide the Services.
We may terminate, restrict, suspend or delete your Account (at our discretion) immediately and without notice in the event of:
- your breach of any applicable law (whether actual, or believed on reasonable grounds); or
- you using the Website or the services in a way that endangers public health.
You release us from all Loss connected with or arising out of our termination, restriction, suspension or deletion of your Account.
Consequences of Termination
On and from Termination of your Account,
- we will remove your access to the Website and Account;
- we will immediately cease providing the Services to you;
- you agree that (other than where termination is due to our Termination for Convenience) any payments made by you to us are not refundable to you;
- where you are a Customer, we will cancel any existing Bookings and you will lose any fees and other amounts paid (other than where termination is due to our Termination for Convenience);
- where you are a Vendor, we will cancel any existing Transactions;
- other than where we terminate the Terms for Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination; and
- Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it, and all payment due to sauced.shop will remain due.
We are under no obligation to provide you with any information, content (including User Content) or materials collected, processed or held on your Account or the Website at any time or in any form. Consequentially, you agree to keep and maintain separate records of any information or content held on your Account.
Nature of Information
The Website content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice.
While we use reasonable attempts to ensure the accuracy and completeness of our Content, to the extent permitted by law, we make no representation or warranty regarding the content. The content is subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any content is inaccurate or out-of-date.
Use of the Website
Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
You must only use this Website for lawful purposes. Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited messages.
You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Where a User wishes to engage in a dispute with sauced.shop in connection with these Terms (Dispute), the User must not commence court proceedings relating to a Dispute without first meeting with a senior representative of sauced.shop to seek (in good faith) a resolution of the Dispute.
If the parties cannot agree how to resolve the Dispute within 30 days, either party may refer the matter to a mediator mutually decided by the parties or chosen by Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith to resolve the Dispute. The costs of the mediation will be shared equally between the Parties.
Nothing in this clause will prevent sauced.shop from engaging in a dispute with a User in any manner chosen by sauced.shop, or either party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
sauced.shop will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
These Terms governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms, or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 7 days in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties
These Terms are not intended to create a partnership, joint venture, employment or agency relationship except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Changes to these Terms
We may amend these Terms at any time without providing written notice. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier) you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause above.
Any clause which by its nature is intended to survive termination of these Terms or of the Account, is taken to survive termination of these Terms or of the Account.