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Terms & Conditions

Welcome to www.deallovers.com.au, operated by Deal Lovers Pty Ltd ABN 43 149 456 315 (we or us). Before you use our website, it’s important that you understand and agree to the following terms and conditions (Terms of Use) under which we provide services to you:

Agreement

1.  We provide a range of electronic services, including services provided through this website and email newsletters (Electronic Services).

2.  Our Electronic Services describe goods and services offered by third parties (Suppliers) and enable you to purchase coupons that you can use to acquire goods or services from Suppliers, in accordance with the Suppliers’ standard terms (Supplier’s Terms), and the terms printed on each coupon and set out in these Terms of Use (Coupon).

3.  By accessing or subscribing to any Electronic Services you agree to be bound by these terms and conditions and warrant that you have legal capacity to do so (including that you are over the age of 18).

4.  These terms and conditions have been developed and published on this website to ensure that you understand the legal terms that govern your use of our Electronic Services and the purchase of Coupons. You must therefore read and agree to these terms and conditions before accessing and using our Electronic Services or purchasing any Coupon.

5.  We may vary or amend these terms and conditions at any time.  Any changes to these terms and conditions will be effective immediately from the time we post the amendments to our website or we notify you in any other way.  You may like to print a copy of these terms and conditions for your records.  We also recommend you check our website for any changes from time to time.

Your username, password and account details

6.  You must ensure that all information you provide to us is accurate and complete.  When registering for an account on our website (Account) or subscribing to our newsletter, you will be requested to provide various information.  You must ensure this information is kept up to date.

7.  We may provide your information to Suppliers and third-parties involved in the operation of our business or who purchase or are interested in purchasing our business, and our advisers and financiers, but we will not otherwise supply your information to third parties to independently market goods or services to you.

8.  When registering for an Account, you will be provided with, or may be requested to provide, a username and password.  You are responsible for ensuring your password is secure and is kept secret.  You are responsible for all activity engaged in through our Electronic Services using your username and password.

9.  You must immediately change your password and notify us if you believe your Account has been accessed by a third party or that the password is not secure.

10. We may suspend or terminate your Account at any time without cause, notice or liability.  This may prevent you accessing information stored about previous transactions, including Coupons, of which you are responsible for maintaining your own copy.

Coupons

11. When you purchase a Coupon from us, the product we provide to you is the Coupon. Our services do not extend to the supply of the goods or services for which the Coupon can be redeemed, which is the responsibility of the Supplier.

12. A Coupon is an agreement between you and the Supplier, whereby the Supplier agrees to provide you with the Supplies on the terms and conditions of the Supplier’s Terms as varied by any specific terms and conditions provided on our website or on the applicable Coupon.  To the full extent permitted by law, we exclude all Loss in connection with the Supplier’s failure to comply with the terms and conditions of its agreement with you.

13. Coupons must be used within the time period specified at the time of offering and supplying the Coupon to you.

14. After the expiration of a Coupon, the Supplier is under no obligation to supply the goods or services specified in the Coupon to you.

15. Coupons may not be used in conjunction with any other offer or gift certificate.

16. To the full extent permitted by law, neither we nor the Supplier have any liability with respect to Coupons that have been lost, stolen, procured or redeemed illegally (including by fraud) or which are rendered void due to them being tampered with, traded or resold.

17. A Coupon may only be redeemed for the Supplies specified in the Coupon, cannot be substituted in lieu of payment to any account, cannot be redeemed for cash and can only be redeemed for the specified Supplies.  If you wish to acquire only part of the Supplies to which a Coupon relates, then the Supplier may agree at its discretion, however you are not entitled to any kind of refund or credit in relation to the other part of the Supplies.

18. All prices provided in our Electronic Services are in Australian dollars and include GST if applicable, unless expressly stated otherwise.  Prices are subject to change without notice.

Orders

19. Information provided through an Electronic Service is not an offer to sell, it is an invitation for you to offer to buy the relevant Coupon by placing an order on our website (Order).

20. We have no obligation to accept your Order and where an Order includes more than one Coupon, we may accept your Order with respect to only one or some of the Coupons.

21. You may only cancel an Order if we do not accept the Order within 7 days, in which case you must give us written notice and we will refund any payment we received from you for that Order within 7 days of receipt of the notice.

22. We may cancel a Coupon or all or any part of an Order at any time on written notice to you, in which case our sole liability will be to refund any payment we received from you in relation to that Coupon or part of an Order within 7 days.

Payment

23. Once you submit an Order, you must immediately make payment for that Order in full using one of the payment methods provided by us.

24. If you fail to make immediate payment, we may resupply the relevant Coupon/s to other users, however if we are unable to resupply the Coupon/s to another user you remain liable for payment for the Coupon/s.

25. You must not make unauthorised use of any payment method.  We may report any suspected fraudulent or other illegal activity or abuse to relevant financial institutions and authorities.

Delivery

26. Within 24 hours of our receipt of your payment in full for the relevant Order, your Coupon/s will be supplied by email or through your Account on our website.

27. You must promptly notify us if you have not received access to your Coupon/s within 24 hours of your payment.

28. We are not liable for your failure to receive a Coupon, including where you do not receive an email from us due to mail filters, network failures or an incorrect email address being provided to us.

29. You are responsible for redeeming any Coupon to the relevant Supplier and we have no obligation to deliver the Supplies to you.

Refunds

30. To the full extent permitted by law, except as otherwise provided in these Terms of Use all payments are non-refundable.

31. We will cancel a Coupon if it contains, or the relevant section of our Electronic Services promoting the Coupon contained, a material error, such as an incorrect expiry date, product description or terms and conditions, in which case our sole liability will be to refund any payment we received from you in relation to that Coupon within 7 days.

32. If a Supplier ceases to trade or becomes insolvent we will seek to recover the amount we have paid to the Supplier in relation to any Coupon that has not been redeemed.

33. If the Supplies do not comply with applicable laws or the description of the Supplies provided to us by a Supplier, we will seek to recover the amount we have paid to the Supplier in relation to Coupons for such Supplies.

34. To the full extent permitted by law, our total liability in relation to any failure by a Supplier to supply the Supplies as specified in a Coupon, is to refund to you the amount recovered from the Supplier in relation to that Coupon within 7 days of receipt by us.

Supplies

35. You acknowledge and agree that we are not responsible for the provision of Supplies to you, which is the sole liability of the Supplier upon presentation of the Coupon in accordance with the terms and conditions of the Supplier’s Terms as varied by any specific terms and conditions provided on our website or on the applicable Coupon.

36. Please contact the Supplier to redeem your Coupon, including making any booking that may be required by the Supplier.  Some products, particularly experiences, may be subject to limited availability on any given day and we recommend you make your booking as soon as possible to avoid disappointment as to availability on any given day.  We do not represent or warrant that a Supplier will redeem a Coupon on any specific day or time.

37. Bookings are subject to the Supplier’s Terms as to cancellations, and rescheduling of bookings.  For the avoidance of doubt, to the full extent permitted by law we have no liability for any cancellation or rescheduling of an event or booking by the Supplier.

38. We do not guarantee or warrant the quality, merchantability or fitness for any purpose of any Supplies or that any Supplier or Supplies comply with any licensing or other legal requirements.  Any representations made in our Electronic Services regarding Supplies, including the quality or purpose of Supplies, are the responsibility of the Supplier.

39. Any complaints and complaint resolution must be engaged in directly with the Supplier.  We have no responsibility or liability for the resolution of complaints regarding Supplies or Suppliers.

40. The Supplier may enforce the provisions of these Terms of Use which benefit the Supplier against you, as if it were a party to these Terms of Use.

General

41. We earn commissions and other remuneration in relation to the promotion of goods and services and the sale of Coupons through our Electronic Services.

42. All media, information, trade marks, trade names, logos and other material provided through our Electronic Services (including all copyright and other rights contained in them) are owned by us, the Suppliers or our licensors, and must not be reproduced or dealt with in any way without our consent.

43. Unless expressly stated otherwise, the Electronic Services and Coupons are provided solely for personal use, not for a commercial purpose. You must only use our Electronic Services for the purposes for which we provide them and not access or attempt to access any of the information contained in our website except through the browser interface provided.

44. You may only store information retrieved from our website temporarily in connection with your ordinary personal use of our website, or permanently where the information relates to a purchase you have made through our Electronic Services, and must not screen scrape or otherwise retrieve information from our Electronic Services, store it for other purposes or circumvent or attempt to circumvent any measures intended to restrict your use or copying of any part of an Electronic Service.

45. Any link you make to an Electronic Service must be in a way that presents the service as we intended.  You must not directly link to, frame or manipulate the material contained in an Electronic Service, disguise its origin or ownership, or copy, modify or re-distribute it to any third parties without our prior written consent, except as permitted by non-excludable law.

46. You must not access or attempt to access the Account of another user, or interfere with or attempt to interfere with the operation or security of our Electronic Services in any way, including by way of denial of service or other attack on the servers hosting our Electronic Services or the network used to access those servers.

47. You agree to us communicating with you regarding our various activities, events, goods and services by electronic messages.

48. Information in our Electronic Services may be provided by third parties, including Suppliers and other users, and we are under no obligation to verify this information and to the full extent permitted by law, we are not liable for any Loss suffered in connection with any errors or omissions in this information.

49. Information provided through our Electronic Services is provided as general information and reference only and in no way provided as our advice, approval, recommendation or endorsement. You must make your own independent enquiries and obtain appropriate advice regarding any goods, services or issue before making any decision or taking any action.

50. Any reference or link to other websites or any reference to other people, services or information, is provided only for your awareness. We do not necessarily endorse the content of websites to which we have provided links and encourage you to make your own decision about the accuracy and reliability of information found on those websites.  If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately.

51. All notices of copyright infringement should be sent to:

Deal Lovers Pty Ltd, [PO Box 334, Bexley NSW 2207 and This e-mail address is being protected from spambots. You need JavaScript enabled to view it ]

along with the following information:

a. identification of the copyrighted work claimed to have been infringed;

b. identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity;

c. the address, telephone number or e-mail address of the complaining party;

d. a statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and

e. a statement that the information in the notice of copyright infringement is accurate.

52. We make no statements or guarantees relating to the operation of our Electronic Services, or that the information and material provided through the Electronic Services are accurate, suitable for you, always available, complete or current or will be free of harmful computer viruses, data, code or programs.  You should ensure you are using an up to date virus scanner.

53. Any personal information, e-mail addresses or other electronic addresses provided in or accessible through an Electronic Service must not be harvested for use in another database or used to send commercial electronic messages or be placed on any e-mail distribution list.

54. Subject to the Privacy Act, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service and you agree that we may licence or transfer that information to the acquirer of all or part of our business.

55. At any time and without notice or liability we may change the content or format or method of delivery of the Electronic Services, withdraw any material or services provided or refuse to allow any user or third party access to the Electronic Services.

56. We may introduce an acceptable use or similar policy which you must comply with in relation to any material you submit to us through an electronic service and you grant us a perpetual, irrevocable, royalty free, worldwide licence to modify, reproduce and communicate to the public any content you submit to us, including feedback or reviews and consent to us doing so with or without attributing your authorship, with or without modification, or otherwise in a manner which may infringe your moral rights as described in the Copyright Act.

57. You are liable for any claims by other users, third parties or us for Loss suffered in connection with your use and participation in the Electronic Services and material that you provide us (including claims it is defamatory or infringes confidentiality or intellectual property rights) and you must indemnify us and our Personnel against any such claims.

58. You must indemnify us, and our Related Bodies Corporate and Personnel and keep us all indemnified, from and against all Loss arising in connection with your breach of this Agreement, unlawful act or omission, or the acquisition or failure to acquire goods or services from a Supplier, or your resupply of such goods or services to a third-party (whether in breach of the terms of the Coupon, the Supplier Terms, these Terms of Use or otherwise).

59. If any law implies in these Terms of Use any term, condition or warranty that cannot lawfully be excluded, that term, condition or warranty is deemed to be included in these Terms of Use.  However, our liability for a breach of any such term, condition or warranty (other than a term, condition or warranty which cannot lawfully be limited) is, to the maximum extent permitted by law, limited to any one or more of the following, at our option:

a. if the breach relates to goods:

i.   the replacement of the goods or the supply of equivalent goods;

ii.  the repair of the goods;

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv.  the payment of the cost of having the goods repaired; or

b.  if the breach relates to services:

i.   the supplying of the services again; or

ii.   the payment of the cost of having the services supplied again.

60. Subject to clause 50, and to the full extent permitted by law:

a. we take no responsibility and disclaim all liability for decisions made on the basis of information shown or not shown through an Electronic Service, whether due to our negligence or otherwise;

b. we disclaim all liability for any Consequential Loss suffered by you or any other person however caused (including by breach of contract, negligence or breach of statute), which is suffered or incurred in connection with or relating to our Electronic Services, these Terms of Use or otherwise arising out of the relationship between the parties, whether or not we were aware or should have been aware of the possibility of such loss or damage;

c. our total aggregate liability to you for any and all Loss (including Consequential Loss to the extent it cannot be excluded), however caused (including by breach of contract, negligence or breach of statute), which is suffered or incurred by you in connection with or relating to our Electronic Services, these Terms of Use or otherwise arising out of the relationship between the parties, is limited to the lesser of $100 or the price of the relevant Coupon.

d. we exclude all terms and warranties implied by law; and

e. we will not be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services or where we are delayed in the performance of our obligations under these Terms of Use for reasons beyond our control.

61. Access to and participation in the Electronic Services and the purchase of any Coupon is governed by the laws of New South Wales, Australia and you agree to be bound by the laws and submit to the jurisdiction of the Courts of New South Wales.

62. Nothing in an Electronic Service is an offer to provide goods or services in any place if to do so would be in any way unlawful in that place.  You must not access the Electronic Services from such a place or use them in a way that would result in a breach of a law of that place.

63. Unless expressly agreed otherwise in writing, we may assign, transfer or sublicense our rights and obligations under these Terms of Use and any other agreement with you, but you may not.

64. The use of the word “including” in these terms and conditions is not to be taken as limiting the meaning of the words preceding it.

65. Any provision of these terms and conditions that is invalid in any place is only invalid in that place to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision in any other place.

66. The rights of a party under this agreement are cumulative and not exclusive of any rights provided by law.

67. If you do not agree to be bound by these terms and conditions, you must not use or sign-up to any Electronic Services or purchase any Coupon.

68. In these Terms of Use, unless the context requires otherwise:

Consequential Loss means any indirect, incidental, special, economic or consequential loss, cost or damage, loss of business profits, revenue or opportunities, business interruption, loss of business information (including computer data), loss of business, loss of anticipated savings, loss of goodwill or loss due to delay;

Loss means claims, actions, liabilities, losses, costs, expenses and damages (including Consequential Loss and legal costs and disbursements on a solicitor and own client basis) sustained or incurred, whether directly or indirectly or consequentially or in any other way;

Personnel means officers, employees, contractors and agents;

Related Body Corporate has the meaning given by Section 50 of the Corporations Act; and

Supplies means the goods and/or services to be supplied by the Supplier, as specified on a Coupon.

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