Terms & Conditions, Privacy and Refunds

1. INTRODUCTION

1.1 Legally binding agreement

These terms and conditions form an agreement between you and Dealicious.

1.2 You are bound by this agreement

By visiting our Website, using our Service or making a Purchase you agree to be bound by this Agreement.

1.3 Agreement may be amended

We may amend this Agreement at any time without notice to you. Any change will be effective immediately upon publishing of the amended Agreement on our Website.

1. DEFINITIONS
   

2.1 Defined terms

In this Agreement, unless the context requires otherwise:

“Agreement” means these terms and conditions and any amendments hereto.

“Country” means the Commonwealth of Australia.

“Currency” means Australian dollars.

“Intellectual Property” means the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered.

“Jurisdiction” means the State of Queensland in the Commonwealth of Australia.

“Member” means a registered user of our Website.

“Merchant” means a third party seller of goods or services for which a Voucher can be redeemed for benefit.

“Dealicious” or “our” or “we”or “us” means Dealicious Pty Ltd ACN 150 649 139 of Suite 22, 20 Park Road, Milton QLD 4065, Australia.

“Product” means goods and/or services offered by a Merchant and for which a Voucher can be purchased.

“Purchase” means the purchase of a Voucher via the Website and/or Service including the payment of the purchase price of the Voucher.

“Service” means all or any of the services provided by Dealicious through the Website or communicated to you through other means of communication.

“Third Party Link” means a link on our Website to third party websites or resources or content provided by third parties.

“Voucher” means a voucher issued subject to this Agreement which if Purchased entitles you to redeem it at a specified Merchant for a specified benefit in relation to a Product.

“Website” means www.dealicious.com.au.

“you”or “user”means you the user of our Website and/or Service.

2.2 Headings are for convenience

In this Agreement, headings are provided for convenience only and do not form part of the Agreement.

1. USE OF THE SERVICE AND WEBSITE
   

3.1 At least 18 years of age

To use the Service and make a Purchase you must be aged 18 years or over. Should we suffer any loss or damage as a result of a Purchase entered into by a minor, we reserve the right to take legal action to seek compensation for such losses from the parents or guardians of the minor who made the Purchase.

3.2 Must be located in Australia

You may only use the Service and make a Purchase if you are located in the Country. If you choose to use the Service and make a Purchase from a location outside the Country you are responsible for the consequences. We make no representation that the Service is suitable for use outside Australia.

3.3 Must use the provided interface

You agree to not access, or attempt to access, any part of the Website by any means other than through the interface provided by us.

3.4 Must not interfere with website

You agree to not engage in any activity that interferes or disrupts the Website or the servers hosting the Website. You may not use screen scraping, data mining, robots or similar data gathering tools on the Website except with our prior written consent.

3.5 Must not interfere with security features

You agree not to, nor attempt to, circumvent, disable or otherwise interfere with any security features of the Website including features designed to protect our Intellectual Property.

3.6 Website may change

We reserve the right to change our Website at any time. We may stop providing access to the Website to you at our discretion and without prior notice to you.

1. REGISTRATION AND ACCOUNTS

4.1 Membership required

In order to access some parts of our Website, fully use our Service and make Purchases you are required to become a Member.

4.2 Information required to register

In order to register as a Member, you will need to provide personal information. In doing so, you agree to provide accurate information and to keep this information current. Our use of the supplied personal information will be in accordance with our Privacy Policy available on our Website. We reserve the right to validate any information you provide to us as part of the registration process. We may display your username on our Website and recommend that you do not use your real name or email address as your username.

4.3 Keep password secure

You agree to keep your Members password secure and confidential. You must immediately notify us if your password is no longer secure or if you become aware of any unauthorised use of your Member’s account.

4.4 Responsibility for account

You are solely responsible for any activity that takes place using your Member’s account and you may not use another Member’s account without that Member’s express permission.

4.5 Cancellation of membership

We reserve the right to decline the new registration of a Member or to cancel a Member’s registration for any reason at any time.

1. PURCHASE AND REDEMPTION OF VOUCHERS
   

5.1 Dealicious sells vouchers

Dealicious sells Vouchers via the Website that can be redeemed for Products from a Merchant.

5.2 Invitation to treat

The display of Products on the Website does not constitute an offer to sell and is an invitation to treat only. An order for a Voucher made by you is an offer to Purchase a Voucher for a Product, subject to this Agreement and any specific terms and conditions displayed with the Product, at the price specified. Once placed, you cannot cancel your order. We reserve the right to accept or reject your offer to Purchase a Voucher for any reason. If we reject your offer, we will provide you with a full refund of any payment received from you.

5.3 Voucher in email

Once you Purchase a Voucher, it will be forwarded to you via email. We are not responsible for any loss or damage suffered if you do not receive your Voucher due to the failed delivery of the email.

5.4 Merchant is supplier of product

The Voucher you Purchase is redeemable for the specified Product from the specified Merchant. The Merchant is the seller and supplier of the Product and is solely responsible for honouring the Voucher. We make no representation or warranty with respect to the Product or its quality. We do not act as the agent for the Merchant in the supply of the Product. All Products are sold by the Merchants subject to their usual terms and conditions of supply and sale. We will not monitor, supervise or be a party to any transaction between you and the Merchant.

5.5 Voucher is limited to stated use

The Voucher cannot be exchanged, redeemed for cash or used incrementally. Unless otherwise specified by the Merchant, the Voucher cannot be combined with any other offer, promotion or gift voucher. We are not liable for lost or stolen Vouchers or the fraudulent use of a Voucher’s unique number. You may not reproduce, sell or trade a Voucher. Any attempt to redeem a Voucher in a manner contrary to this Agreement will result in the cancellation of the Voucher.

5.6 Voucher may expire

The Voucher expires on the date specified on the Voucher. Once expired, the Voucher is no longer valid and may not be honoured by the Merchant. The purchase price of a current or expired Voucher will not be refunded except under the terms of this Agreement.

5.7 Price includes GST and may change

The prices of all Products and Vouchers is in the Currency and includes GST where applicable. The prices are current at the time of display but are subject to change without notice.

5.8 Products subject to availability

You acknowledge that some Products may be subject to availability and/or require booking in advance. The Product may not be available at your preferred date and time. If you make a booking, reservation or appointment with a Merchant but do not subsequently attend, the Voucher will be considered redeemed.

1. DEALICIOUS CREDITS

6.1 If you refer another user to us (“Referred User”) and that Referred User becomes a Member and purchases Vouchers, you may receive a credit for your use in a future purchase of a Voucher (“Credit”).

6.2 A Credit may be of any value that we determine from time to time and we may limit the use of Credit in our sole discretion at any time. Each Credit can only be used individually and cannot be combined with or used in addition to other Credit. Credit is not transferrable nor redeemable for cash.

6.3 If your membership is cancelled in accordance with this Agreement or if you breach the terms of this Agreement, we reserve the right to cancel any Credit you may hold.

1. YOUR OBLIGATIONS
   

7.1 Must abide by Merchant’s terms

You agree to abide by the terms and conditions of Merchants in relation to the supply of Products. If you have any complaints about the Merchant or its Products you should raise such issues with the Merchant. We cannot resolve such issues on your behalf.

7.2 Must check product

You agree to ensure that any Product featured on the Website meets your specific requirements before Purchasing a Voucher related to that Product.

7.3 No use contrary to this agreement

You agree not to use or permit anyone to use the Service or Website:

(a) contrary to this Agreement;

(b) to carry out any activity or send or receive any material which is fraudulent, technically harmful (such as computer viruses, denial of service attacks, sending of unsolicited email, worms, Trojan horses or malicious software), criminal, threatening, offensive, indecent, defamatory, in contempt of court or in breach of any third party rights including but not limited to copyright and privacy; and

(c) for a purpose for which it was not designed or intended to be used.

1. SUSPENSION AND TERMINATION
   

8.1 Suspension or termination of use

If you or someone using your Member account uses the Website or Service in a manner contrary to this Agreement or we suspect on reasonable grounds that you have, might or will commit an act contrary to this Agreement, we may at our sole discretion suspend or terminate your use of the Website, Service or any Vouchers issued to you.

8.2 Does not limit other remedies

The suspension or termination of your use of the Website, Service or any Vouchers will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior.

1. INDEMNITY
   

9.1 You indemnify Dealicious

You agree to indemnify, and keep indemnified, us, our directors, officers, employees and agents against any loss or damage incurred by us (included reasonable legal costs and expenses on an indemnity basis) arising out of any breach of this Agreement by you or any claims or legal proceedings which are brought or threatened to be brought against us by any person arising from your use of the Website and/or Service; the use of a Voucher you have Purchased; or the use of the Website and/or Service via your password.

1. WARRANTIES AND DISCLAIMERS
   

10.1 Reasonable care and skill

We warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement and in providing the Service, but we do not warrant to you that the Website or Service will be free from fault or disruption.

10.2 No warranty for products

We do not warrant the information about Products that is supplied by Merchants. We are not responsible for any errors or omissions caused by the provision of inaccurate information supplied to use by Merchants.

10.3 Exclusion of liability

To the extent permitted by law, we exclude all liability to you or any other person in respect of:

(a) errors, mistakes or inaccuracies on the Website;

(b) your use of any information or materials on the Website or any website accessed via a Third Party Link;

(c) any interruption to the availability of our Website or Service;

(d) any personal injury, loss or damage you suffer of any nature resulting from your accessing of the Website, use of the Service or Purchase of Voucher;

(e) any unauthorised use or accessing of our Website, Service or Voucher by any person; and

(f) Products, including their quality, safety, usability and fitness for purpose.

10.4 Liability limited

Where our liability to you or any other person cannot be excluded, then to the extent permitted by law, our liability for loss or damage will be limited to the value of the Voucher, or where no Purchase was made, the replacement cost of any goods or services.

1. ADVERTISEMENTS AND OTHER WEBSITES
   

11.1 Website may feature advertisements

We may place advertisements on our Website advertising the goods or services of third parties. Such advertisements may be delivered on our behalf by a third party advertising company. The existence of an advertisement does not mean that we endorse the goods or services offered and we accept no responsibility for any loss or damage that may arise from your use of them.

11.2 No control over links to third parties

Where our Website contains a Third Party Link, we have no responsibility or control over the third party websites, resources or content. The existence of Third Party Link does not mean that we endorse the linked website, resource or content and we accept no responsibility for any loss or damage that may arise from your use of them.

11.3 Consideration paid

We receive payments from Merchants whose Products are featured on the Website.

1. PRIVACY
   

12.1 Privacy Policy

Overview

Dealicious Pty Ltd ACN 150 649 139 (Dealicious) is committed to protecting the privacy of any information provided by our Merchants and Customers and complying with the National Privacy Principles (NPPs) contained in the Australian Privacy Act 1988 (Privacy Act).

This policy sets out Dealicious's practices relating to information collection, use and disclosure. We recommend you read through this document carefully. If you have any queries, please contact Dealicious at support@dealicious.com.au.

What personal information does Dealicious collect and how is it used?

Personal information collected will depend on the type of service provided. If you are a Merchant, we may collect personal information in the course of you promoting your business through our website. If you are a Customer, we may collect personal information from you in the course of you using our website to request vouchers for use with Merchants. Some of the services that either Merchants or Customers may provide personal information to us include:

Registering either as a Merchant or CustomerPurchasing a voucher as a CustomerProcessing credit card purchases by CustomersRedeeming a voucher as a CustomerSubscribing to our email newsletter service

In these circumstances, Merchants and Customers provide us with personal information such as their name, address, phone number, credit card details, and email particulars.

Personal information collected from Merchants and Customers is used to service their requests and to communicate with them.

Merchants and Customers may also receive information, invitations to participate in deals, marketing communications and related offers from Dealicious via email or SMS. In order to receive communications from us, certain personal information is required. We use this information to facilitate communication with our Merchants and Customers and understand their needs. You may opt out of receiving these communications by writing to us at the email address above.

Will personal information be given to others?

Dealicious values our Merchants and Customers and does not share personal information with any other organisations other than related entities and those third parties directly related with the above services (e.g. telecommunications companies, Merchants, banks etc.). When we share any such information with these third parties we take steps to ensure that they comply with the NPPs.

In some instances, in order to provide its services, Dealicious may be required to share Merchant or Customer personal information with another entity in a foreign country.

Dealicious may also share information where required or permitted by law.

How do you access and correct personal information?

Personal information provided by our Merchants and Customers can be viewed and changed if the information provided is incorrect or out of date. A Customer who wishes to view the information we hold about them can request to view the information by contacting us at support@dealicious.com.au.

Security

Dealicious understands the importance of Merchants and Customer personal information and treats it as strictly confidential. All information collected will be safely and securely stored.

Changes to our Privacy Policy

Dealicious reserves the right to change this privacy policy from time to time by publishing the revised privacy policy on our website. Please check this policy regularly for any modifications or updates. Your continued use of our services after any changes have been posted on our website indicates your acceptance of those changes.

Last updated on 10 November 2011.

1. INTELLECTUAL PROPERTY
   

13.1 IP owned by Dealicious

All Intellectual Property in the Website, the Website content, the Service and any database operated by us is owned by us or licensed to us. You may not, nor may you attempt to, obtain any title to any such Intellectual Property. All rights are reserved.

13.2 IP may not be used without permission

None of the Intellectual Property in the Website, the Website content, the Service and any database operated by us may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior written consent. For the purposes of accessing the Website, using the Services and making a Purchase, you may retrieve and display the content of the Website using a web browser and print a copy of the Voucher for subsequent use.

13.3 Third parties’ trade marks

Other trade marks used on the Website belong to third parties, are used with permission and remain the Intellectual Property of the third party.

13.4 Submission of content

If you submit any content to us, correspond with us or otherwise communicate with us, you automatically grant to us, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works.

1. GENERAL
   

14.1 Assignment of rights

We reserve the right to transfer or assign without notice all or any of our rights and obligations under this Agreement. You may not assign or transfer any of your rights or obligations under this Agreement.

14.2 Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of the Jurisdiction. You irrevocably submit to the exclusive jurisdiction of the courts of the Jurisdiction.

14.3 Void or unenforceable

If any part of this Agreement is found to be void, unlawful or unenforceable, then that part of the Agreement will be deemed to be severable and the severance of such part will not affect the validity or enforcement of the balance of this Agreement.

14.4 No waiver

Any failure by us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right unless the waiver is in writing and signed by us.

14.5 Delay

We shall not be liable for any delay in the performance of any of our obligations under this Agreement if such delay is caused by circumstances beyond our control.

15 REFUND POLICY
This Policy explains how we deal with request for refunds and circumstances in which we may or may not provide refunds.

15.1 Policy may be amended
We may amend this Policy at any time without notice to you. Any change will be effective immediately upon publishing of the amended Policy on our Website.

15.2 DEFINITIONS

Defined terms
In this Policy, unless the context requires otherwise:
“Merchant” means a third party seller of goods or services for which a Voucher can be redeemed for benefit.
“Dealicious” or “our” or “we” or “us” means Dealicious Pty Ltd ACN 150 649 139 of Suite 22, 20 Park Road, Milton QLD 4065, Australia.
“Policy” means this refund policy and any amendments thereto.
“Product” means goods and/or services offered by a Merchant and for which a Voucher can be purchased.
“Purchase” means the purchase of a Voucher via the Website and/or Service including the payment of the purchase price of the Voucher.
“Voucher” means a voucher issued subject to this Agreement which if Purchased entitles you to redeem it at a specified Merchant for a specified benefit in relation to a Product.
“Website” means www.dealicious.com.au.
“you” or “user” means you the user of our Website and/or Service.

15.3 REQUESTING A REFUND

Requirements
All requests for a refund must be submitted in writing via the Contact Us form on our Website or via email at support@dealicious.com.au. The request should contain full details of the Voucher purchased, the reasons why you believe you are entitled to a refund and your contact details. Additional information may be sought from you to allow us to further investigate your request.

15.4 GRANTING A REFUND

Circumstances giving rise to a refund
We will grant you a refund in the following circumstances:

• if a Merchant has gone into liquidation or ceases trading and you have not yet redeemed your Voucher;
• if, despite valid redemption of your Voucher, a Merchant has failed to provide the Product and, at our sole determination, has no reasonable grounds for its failure;
• if a Merchant provides the Product, but the Product is materially different from that advertised on our Website and the Merchant, at our sole determination, has no reasonable grounds for doing so; or
• where we are required to do so by law.

Nature of refund
You may elect to take your refund in the form of a refund via the payment method you used to purchase the Voucher or in the form of a Dealicious credits. If significant time has elapsed since your purchase of the Voucher, it may be necessary to issue your refund via electronic funds transfer.

15.5 DENYING A REFUND
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Circumstances not giving rise to a refund
At our absolute discretion, we will not grant you a refund in the following circumstances:

• if you are in breach of the terms and conditions on our Website;
• if you are in breach of the terms and� conditions of the Voucher;
• if the Voucher expires;
• if you fail to read or do not understand the terms and conditions at the time of purchase of the Voucher;
• if you change your mind;
• if the Product does not meet your general expectations;
• if you are unable to book for the Product at your preferred time;
• if you lose or misplace the Voucher; orif you redeem the Voucher after the expiry date of the Voucher.
• Other circumstances

In the event that a circumstance arises that is not covered by this Policy, we will decide if we grant you a refund at our absolute discretion.

15.6 EXAMPLES

Purpose of examples
By way of illustration, we have provided some examples of what will occur in certain circumstances. These examples do not bind us and we may act different in similar or the same circumstances.
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Merchant goes into liquidation
Upon receipt of your refund request on the basis that a Merchant has gone into liquidation, we will investigate the matter and if proven, will grant you a refund pursuant to this Policy.
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Merchant fails to provide the goods or services.

Upon the receipt of your refund request on the basis that a Merchant has failed to provide the Product, we will contact the Merchant to investigate the matter. If we determine that the Merchant has no reasonable grounds for failing to provide the Product, we will grant you a refund pursuant to this Policy.
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Merchant fails to provide goods or services as advertised
Upon receipt of your refund request on the basis that a Merchant has failed to provide the Product as advertised, we will contact the Merchant to investigate the matter. If we determine that the Merchant has no reasonable grounds for failed to provide the Product as advertised, we will grant you a refund pursuant to this Policy.

15.7 GENERAL

Response times
We will endeavour to respond to your initial request for a refund within 7 days and to resolve your request within 30 days of receipt.
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Refund request times
All refund requests must be received prior to the expiry date of the Voucher.
Lasted updated on 5 December 2011