Welcome to DealFREE™
1. The Agreement between You and Us
1.1 These are the terms of the Agreement between you and The Deal Group Pty. Ltd. (ACN 147 829 383) conducting business under the trademark DealFREE™ (“us” or “we”) and you:
(a) which automatically comes into existence when you apply to us for registration as a Member; and
(b) which relates to:
(i) the advertising of Deals on our website;
(ii) how you and other Members may purchase and use Vouchers; and
(iii) our respective rights and obligations in relation to Vouchers, Deals and the various transactions contemplated by or occurring via our website
1.2 You warrant and represent to us that you are over 18 years of age and we rely on that warranty and representation.
1.3 We may make a substantive change to a term of the Agreement on the giving of not less than two clear Business Days’ Notice of the impending change on our website and any change takes effect immediately following the end of the Notice period.
1.4 It is your responsibility to read this Agreement (as it may be changed from time to time) before you purchase a Voucher for any Deal which is advertised on our website.
2. Definitions and Interpretation
2.1 In this Agreement, unless the context otherwise requires:
(a) "Advertising Period" means the period during which a Deal is advertised on our website;
"Business Day" means a day other than a Saturday or a Sunday on which banks are open for general banking business in Melbourne, Victoria;
"Deal" means an offer:
(i) by a Provider to sell or provide Members with goods or services at special or discounted prices on presentation of Vouchers purchased from us; and
(ii) on conditions which are advertised on our website or otherwise readily ascertainable from the Provider;
"Member" means a person (including you) who registers with us to use our website for the purpose of:
(i) finding out about Deals; and
(ii) purchasing vouchers from us
and who establishes an account with us funded by a credit card or debit card or both;
“Notice” means any:
(i) consent or notice given;
(ii) demand or election made; or
(iii) formal communication required
for any purpose set out in or contemplated by this Agreement;
"Provider" means a third party which advertises one or more of its Deals on our website;
“Voucher” means an electronically delivered voucher which is purchased from us by a Member via this website:
(i) relating to a particular advertised Deal;
(ii) for a price as shown specifically in connection with the Deal; and
(iii) for presentation to the relevant Provider as evidence of the Member’s acceptance of the Provider’s Deal as advertised; and
(b) references to our website include this website and any other website owned or controlled by us or by our assignees or licensees on which Deals are advertised.
3. The Basics
3.1 Our website:
(a) is an advertising medium for Deals; and
(b) an on-line facility for you and others to buy Vouchers relating to Deals you wish to purchase.
(a) do not sell or supply Deals or any of the goods or services advertised or promoted on our website; and
(b) are not agents for any purpose:
(i) for you or any other Member; or
(ii) for any Deal Provider.
3.3 Deals will be advertised on our website for a minimum period of 24 hours commencing at 0.01 a.m. on the dates which we agree with the Providers.
3.4 Some Deals may be advertised on our website for up to 7 days and where applicable, we will state on our website how long the Deals will be advertised.
3.5 You acknowledge that as a component of our fees charged to Providers for advertising Deals, we may be entitled to receive commission from Providers for Deals which are purchased by you and others, the amount of which is confidential as between us and the Provider.
3.6 To purchase a Voucher you must be a registered Member.
3.7 When you purchase a Voucher:
(a) you authorise us to debit your account to pay ourselves for the Voucher; and
(b) we will email your Voucher to your nominated email address.
3.8 At the same time we email your Voucher to you, we will email your name and particulars to the Provider, together with the information set out in clause 4.1(a) below.
4.1 Each Voucher:
(a) will include your name, a unique identification number and, if applicable, a unique code if the goods or services which are the subject of the Deal can only be redeemed on-line via the Provider's website or on-line store;
(b) may only be presented to the relevant Provider as evidence of your acceptance of the Deal specified in it; and
(c) may not be redeemed for cash or applied as payment to any account.
4.2 Unless the advertised terms and conditions of the Deal provide otherwise, a Voucher may not be used in combination with:
(a) any other gift certificate or voucher, whether or not issued by us; or
(b) any other promotion by the Provider.
4.3 We are not liable or responsible:
(a) if your Voucher is not received by you for any reason beyond our control, including but not limited to:
(i) the blocking of our email to you by a firewall or filter;
(ii) an incorrect email address having been given to us; or
(iii) a change in your email address; or
(b) for any damaged, lost or stolen Vouchers.
4.4 You may only use a particular Voucher once.
4.5 Once you present your Voucher to the Provider, you must abide by the terms and conditions of the Deal as advertised.
5. Supply of Goods and Services
5.1 You may only present a Voucher to the relevant Provider in the manner advertised.
5.2 You acknowledge that Deals are offered subject to the Provider’s terms and conditions, which may include but are not limited to terms to the effect that:
(a) a Voucher may only be presented within a certain period of time, after which it may expire and may not be presented;
(b) you may only purchase goods or services offered by the Provider by appointment;
(c) you may only present your Voucher on certain days of the week;
(d) the rights attaching to your Voucher may be forfeited if you are required to make a booking with the Provider and you subsequently cancel that booking; and
(e) the liability of the Provider is limited.
5.3 Where a Provider’s terms and conditions may only be obtained directly from the Provider on request or from the Provider's website, it is your responsibility to obtain those terms and conditions.
5.4 All Deal goods or services are subject to availability and there is no guarantee that they will be available for you to purchase them on your preferred date and at your preferred time.
5.5 It is the Provider’s obligation to issue a tax invoice for any goods or services supplied to you.
6. Pricing and Payment
6.1 All prices shown on our website for Vouchers include GST.
7.1 If your Voucher expires or becomes invalid for any reason unrelated to us, then the price of the Voucher is not wholly or partly refundable by us.
7.2 You acknowledge that you are not entitled to look to us for a refund of the price of your Voucher if:
(a) your Voucher is damaged, lost or stolen; or
(b) you are unable to complete the Deal; or
(c) you change your mind about the Deal.
7.3 We will refund the price which you have paid for a Voucher if:
(a) before you complete the purchase of the Deal, we become aware that the Provider:
(i) has become bankrupt;
(ii) has assigned its assets for the benefit of its creditors or has entered into a composition or arrangement with creditors;
(iii) is in liquidation, official management, administration, administration by a receiver or a receiver and manager appointed by any Court or under any instrument;
(iv) is in administration under any law relating to mental health or insanity; or
(v) is unable to pay debts as and when they fall due; or
(b) we have mistakenly issued an incorrect Voucher to you.
8. Member Registration and your obligations
8.1. To register as a Member:
(a) you must be over 18 years of age; and
(b) you must provide personal information including your name, date of birth and email address
and you warrant and represent to us and to all Providers who advertise on our website that all personal information which you provide is correct.
8.2. It is your responsibility to notify us by email us if there is any change to your personal information.
8.3 You must always have a valid email address.
8.4 When you register as a Member, you will be required to provide a password to enable you to access your Member account and place orders for Vouchers.
8.5 You must not disclose your password to anyone else.
8.6 We will not be liable for any loss which you suffer if:
(a) you disclose your password to anyone else; or
(b) anyone else accesses your Member account.
8.7 You are responsible for overseeing and monitoring transactions on your Member account.
8.8 It is your responsibility to email us immediately if you suspect or believe that:
(a) there has been any unauthorised use of your Member account; or
(b) someone else knows your password; or
(c) there is an error in your Member account.
8.9 You must not impersonate any other person or any Member.
8.10. Being a Member is a privilege, not a right.
8.11 In the exercise of our absolute discretion, we may change our services or suspend, terminate or restrict your access to our website if:
(a) we are unable to verify or authenticate any information you provide to us;
(b) we believe that your actions may cause loss or damage to us or otherwise harm us or other Members or third parties; or
(c) you have, or we believe that you have acted in breach of this Agreement.
8.12 Your registration as a Member is not transferable.
9. Our Website
9.1 We will endeavour to provide you with access to our website 24 hours a day, seven days a week, except for upgrade and maintenance times.
9.2 We do not warrant that:
(a) access to our website or that the functions contained in any content or any public interface or user access to it will be uninterrupted or error-free;
(b) any defects will be corrected; or
(c) our website or the server which stores and transmits content to you are free of viruses or other harmful components.
9.3 You acknowledge that our website is not fault-free and that you may experience interruptions and access difficulties from time to time.
9.4 We do not guarantee continuous, uninterrupted or secure access to our services and you acknowledge that the operation of our website may be interfered with by any number of factors outside our control.
9.5 The information contained on our website is provided for use in food faith on an "as is" basis.
9.6 We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our website which has been provided to us by third parties including but not limited to Providers.
9.7 You acknowledge that:
(a) our website may contain hyperlinks and other pointers to internet websites operated by other third parties ("linked websites");
(b) linked websites are not necessarily under our control and that we are not responsible for the contents of any linked website or any hyperlink contained in a linked website;
(c) we provide these hyperlinks as a convenience only and the inclusion of any link does not imply any endorsement of the linked website by us;
(d) you enter any linked website entirely at your own risk;
(e) our website may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by other third parties or their licensees or contractors; and
(f) all information and content which is posted on or transmitted through our website by third parties (including Providers) is the sole responsibility of the third party who provided the information and content.
9.8 You acknowledge that you are solely responsible for ensuring that:
(a) all goods or services the subject of any Deal;
(b) our website and our services
meet your expectations and requirements of their intended function, application or use.
10. Disclaimers and Limitation of Liability
10.1 You acknowledge that:
(a) we have no control over or liability for:
(i) the quality, safety or legality of goods or services supplied by Providers or content posted by them or other third parties on our website; or
(ii) the ability of Providers to sell goods or services;
(b) to the full extent allowed by law, all express or implied terms, conditions, warranties, statements, assurances and representations in connection with our website or our services or the goods and services which are advertised on our website are excluded;
(c) we are not liable for any act, omission or default of any Provider or any third party including but not limited to:
(i) the failure of a Provider to provide you with the relevant goods or services, in whole or in part, when you try to present a Voucher;
(ii) the cancellation by a Provider of your booking to provide a service or sell goods to you;
(d) our liability for breach by us of any express or implied term, condition, warranty, statement, assurance or representation which by virtue of any legislation may not be excluded from this Agreement is limited to refunding the price of the Voucher to you.
11.1 In this clause:
(a) "Claim" means an actual or threatened demand, action, assessment, determination or proceeding; and
(b) "Loss" means any liability, cost, expense or damage, including but not limited to consequential damage arising out of a Claim and includes but is not limited to amounts payable on a Claim, whether or not the Claim is successful and legal costs and disbursements on a solicitor/ client basis.
11.2 You will indemnify us and our officers, employees and agents and keep us, our officers, employees and agents indemnified from and against all Claims and Losses which we suffer or incur in connection with:
(a) your use of our website;
(b) any goods or services supplied by Providers;
(c) any acts or omissions of Providers in relation to the provision of Deals to you; and
(d) breach of any warranty or representation that you have given to us for any purpose.
12. Privacy and use of your personal information
12.1 You may ask us to give you access to the personal information that we hold about you unless there is an exception which applies under the Privacy Act 1988 (Cth).
12.2 We will deal with any request from you to obtain access to your personal information within a reasonable time, but if we refuse to give you access to your personal information, we will give you reasons for our refusal.
12.3 If you wish to gain access to your personal information or if you have any question about how your personal information is collected or used, please contact us at email@example.com.
12.4. You may ask us to remove your personal information from our database by written Notice sent to us at the physical address or email address set out in the preceding sub-clause.
12.5 Typically, we collect your personal information directly from you, including but not limited to collecting your personal information when you deal with us over the telephone, correspond with us by letter, fax or email or when you register to become a Member, which information generally includes your name, mailing address, telephone number(s) and email address(es) and date of birth.
12.6 We use your personal information:
(a) to issue Vouchers for Deals you purchase; and
(b) for our internal management purposes.
12.7 You consent to us emailing you in relation to Vouchers, your Member account, orders you place for Deals and information in connection with our services.
12.8 We do not disclose any personal information we collect about you to third parties for the purpose of allowing them to directly market their goods and services, unless you agree to us doing so on an "opt in" basis as part of our Member registration process.
12.9 Our web server may log details about any computer used by you to access our website and our website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our website.
12.10 We do all things reasonably required to:
(a) protect your personal information from unauthorised access, modification and disclosure;
(b) store your personal information either in hard copy form or as electronic data in our IT systems;
(c) maintain physical security over our hard copy and electronic data; and
(d) maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.
12.11 You consent to us providing your personal information to any purchaser, assignee or licensee of our business or our website provided that at the time of the sale, assignment or licence, the purchaser, assignee or licensee undertakes to deal with your personal information in at least the same manner as we have agreed to do.
13.1 If any provision of this Agreement is found by any Court of competent jurisdiction to be invalid, illegal or unenforceable in any respect:
(a) the validity, legality and enforceability of the remaining provisions shall not be affected; and
(b) the invalid, illegal or unenforceable provision shall be severed from this Agreement,
it being our respective intentions that had we known that any provision of this Agreement would be invalid, illegal or unenforceable in any respect, we would have entered into an agreement containing all the other provisions of this Agreement.
13.2 A provision of this Agreement which is intended to and which can operate after a Deal has been fulfilled remains effective.
13.3 Warranties are continuing and shall not merge or be extinguished by the fulfilment of Deals.
13.4 The indemnities which you have given:
(a) are your continuing, separate and independent obligations and survive the fulfilment of each Deal to which they relate; and
(b) are absolute and unconditional and unaffected by anything which might have the effect of prejudicing, releasing, discharging or in any other way affecting your liability as the person giving the indemnity.
13.5 This Agreement:
(a) sets out the entire agreement and understanding between us; and
(b) supersedes all prior agreements, understandings and representations
in relation to its subject matter.
13.6 The proper law of this Agreement is the law of Victoria and the Courts of Victoria have exclusive jurisdiction.
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Your use of this website
This website is owned and operated by The Deal Group Pty. Ltd. (ACN 147 829 383).
Accessing or using this website means that you have accepted and have agreed to be bound by the Terms.
The design and content of this website (together “the Content”) is protected by copyright under the laws of Australia and of other countries.
You may only access and use this website and view the Content for your personal, non-commercial purposes.
Other than to the extent permitted by law, you must not copy, modify, transmit, adapt, distribute, publish or otherwise use any of the Content without our prior written consent which may be granted or withheld in the exercise of our absolute discretion.
Links to other sites
From time to time this website may contain links to websites owned or operated by third parties (“Other Sites”).
Links to Other Sites do not expressly or impliedly indicate our endorsement, approval or recommendation of the owners or operators of any Other Site or any information, material, product or service offered or provided at or via any Other Site.
Your access to Other Sites and your use of any information, material, services or products provided at or via any of them is at your own risk in all things.
We are not responsible for and have no liability in relation to the privacy policies or practices of the owners or operators of any Other Sites.
Links to this website
You may provide a link to the home page of this website if you do not obscure or remove any part of the home page and if you give notice of the link to us by sending an email to firstname.lastname@example.org and if you agree to discontinue the link immediately upon request by us.
If you wish to provide a link to a particular section of this website, you must first obtain our written consent, which may be withheld in the exercise of our absolute discretion.
The provision of any information or other material (“the Material”) on this website and your use of the website is not intended to nor does it create any relationship between you and us or between you and the author(s) of any part of the Material.
You must seek legal or other professional advice before relying on or acting upon any of the Material.
Neither we nor any other person involved in the construction or operation of this website has any responsibility to any person who reads or uses the Material or who directly or indirectly relies in any way on any part of it or suffers any loss arising out of the use of this website, including but not limited to losses caused by the transmission of computer viruses.
Collection of access and usage data
This website does not collect personal information about people who access it, however the website’s internet server automatically records information about computers used to access it, including dates and times of access and particulars of any Content which is downloaded (“Access and Usage Data”).
Access and Usage Data is used for statistical purposes and to improve the structure and content of this website.
5 July 2011