OurDeal Terms and Conditions

Current as from 2 July 2012

Welcome to OurDeal Pty Ltd (we/us/our).

These terms and conditions govern your use of our Services and form a contract between us. By using our Services, you agree to be bound by these terms and conditions.

We may change these terms and conditions at any time. Any change will be effective immediately. All changes to these terms and conditions will be posted to our Website. Your use of our Services after any change means that you agree to our amended terms and conditions. Therefore, you should read these terms and conditions each time that use our Services.

Definitions

1. In these terms and conditions the following words and phrases have the following meanings:

1. "Advertising Period" means the period during which a Deal is advertised for sale by us;
2. "Claim" means a demand, action, assessment, determination or proceeding of any nature, whether actual or threatened;
3. "Deal" means a Supplier's goods / services advertised by us;
4. "Deal Terms" means specific terms applying to a Deal that we publish;
5. "Loss" means any liability, cost, expense or damage and in relation to a Claim, Loss includes amounts payable on a Claim (whether or not the Claim is successful), legal costs and disbursements on a solicitor and own client basis.
6. "Member" or "you" means you the user of our Services;
7. "Services" means:
   1. the provision of our Website and other e-commerce technology including Apps and mobile telephone platforms ("Platforms");
   2. information services in connection with our Website and Deals, including via Facebook and Twitter;
   3. the issuing of vouchers to Members who purchase Deals; and
   4. transactional services relating to Deals, including OurDeal payment facilities and provision of your voucher information to Suppliers.
8. "Suppliers" means those third party merchants who engage us to advertise their goods / services;
9. "Website" means www.ourdeal.com.au.

2. We act as a part-time agent to advertise Suppliers' goods / services.

3. We do not ourself supply or sell any of the goods / services that we advertise.

4. Certain Deals may need a minimum number of persons to place orders before the Deal becomes "active". Some Deals will be "active" as soon as they are advertised. The Deal Terms will state this.

5. When you place an order for a Deal, it is an offer to purchase a voucher from the relevant Supplier for the goods / services described in the Deal and subject to these terms and conditions. We will issue the voucher on behalf of the relevant Supplier. Your offer will be deemed accepted if the Deal is "active".

6. We reserve the right to accept or reject your offer to purchase a voucher for any reason. If we reject your offer to purchase a voucher, we will provide you with a full refund of any payment received.

7. To place an order, you will need to provide certain personal information to us and be over 18 years of age. You promise that the personal information you give us is correct and that you are over 18 years of age. Your personal information will be stored in your Member account that is password protected.

8. Once you place an order for a voucher, we will email you an order confirmation. Each order confirmation will include a unique transaction reference number for tracking purposes. An order confirmation will also state if the Deal is "active".

9. Once the Deal is active, we will email to you a voucher for it. We will also email the relevant Supplier your name (and you consent to us doing so) and your voucher details.

10. If a Deal does not require the voucher to be redeemed, you will need to provide a delivery address. You authorise us to provide your name and delivery details to the Supplier. All delivery times shown for a Deal are estimates only.

Vouchers

11. Vouchers cannot be combined with any other gift certificates, vouchers (issued by us or anyone else) or other Supplier promotions unless the Supplier states otherwise.

12. Vouchers cannot be sold, redeemed for cash or applied as payment to any account.

13. If a voucher needs to be redeemed, you may only redeem it once.

14. In addition, if you wish to redeem a voucher for part only of the goods / services specified in it (i.e. for less than the total face value of the voucher), then you are not entitled to receive any credit or cash for those goods / services which you choose not to accept.

15. Each voucher will constitute a tax invoice for the goods / services purchased. All vouchers are issued by us as agent for the Supplier of the relevant goods / services.

16. We are not liable or responsible:

1. if your voucher cannot be emailed to you, for example because it is blocked by a firewall or filter or because you have given us an incorrect email address or because you have changed your email address; and
2. for any damaged, lost or stolen vouchers.

17. Suppliers are also not liable or responsible for any damaged, lost or stolen vouchers.

18. All vouchers are issued subject to these terms and conditions and the relevant Deal Terms.

Supply of Goods / Services

19. You are solely responsible for ensuring that all goods / services advertised in a Deal, meet your requirements for their intended function, application and/or use before you place an order to purchase them.

20. You are also responsible for taking reasonable steps to check the information about Deals and goods/services that are advertised on our Platforms.

21. The relevant Supplier is solely responsible for supplying you with the goods / services relating to a Deal and for the goods/services themselves, including all laws relating to them.

22. In particular, where a Deal involves the supply of travel services or arranging a right of passage (eg: flights, cruises) and/or hotel or other accommodation, the Supplier is responsible for complying with all laws relating to those travel services/rights of passage and/or accommodation.

23. Vouchers for a Deal may also be issued subject to additional terms and conditions of the relevant Supplier. Those additional terms and conditions may include (although this is not an exhaustive list):

1. a limit on the number of vouchers available for purchase;
2. if the voucher needs to be redeemed:
   1. the voucher may only be redeemed within a certain period of time from the relevant Supplier, after which your voucher will expire and may not be redeemed;
   2. you can redeem your voucher from the Supplier by appointment or booking only, in which case the Supplier's booking policy may apply (eg: if you cancel a booking, your voucher may be forfeited or booking cancellation fees apply);
   3. you may only redeem your voucher on certain days of the week;
3. limit the liability of the Supplier subject to your rights under the "Australian Consumer Law".

24. If any additional Supplier terms and conditions apply to a Deal / voucher, then we will use all reasonable efforts to include them in the Deal Terms. You agree however that some additional Supplier terms and conditions may only be obtained directly from the Supplier on request and/or from the Supplier's website. It is your responsibility to inform yourself of the Supplier's additional terms and conditions.

25. All goods / services are subject to Supplier availability. We cannot guarantee that goods / services will be available so that you can redeem your voucher at your preferred date and time.

26. You agree that Suppliers may cancel and reschedule any booking which you make to redeem a voucher.

27. We reserve the right to change, suspend or remove any Deal or other information on our Platforms at any time.

Pricing and Payment

28. All prices shown on our Website are inclusive of GST. Prices are current at time of display but are subject to change without notice.

29. We will not issue a voucher to you until payment in full is received. If your payment is declined for any reason, we will not issue you with a voucher.

Refunds and Credits

30. If your voucher expires or becomes invalid for any reason, then it is not refundable in whole or in part.

31. You agree that vouchers are not refundable if your voucher has been damaged, lost or stolen or if you are unable to redeem your voucher (except due to a Supplier’s fault) or if you have changed your mind.

32. We will however refund the price which you have paid for a voucher if:

1. after the start of the Advertising Period but before we transfer the purchase price which you have paid for a voucher to the Supplier, we become aware that a Supplier has become bankrupt, stopped trading, entered into administration or had a receiver appointed to it;
2. a Supplier fails to supply its goods / services, pursuant to the Deal Terms, within the time period specified in the Deal or, if no time period is specified, within a reasonable time after the end of the Advertising Period; or
3. the goods / services supplied by a Supplier are not as advertised in the Deal.

33. We will also refund the price which you have paid for a voucher if we make a mistake, for example:

1. we issue you a voucher which is incorrect; or
2. we mistakenly advertise a Deal for an incorrect price. If that happens, we also reserve our right to cancel the voucher, notwithstanding that the Deal has been activated and your credit card charged. We also reserve the right to re-advertise the Deal at the correct purchase price.

34. We may in our discretion, refund the price which you have paid for a voucher if:

1. we receive any claim or complaint from any third party or government authority in connection with the Deal; or
2. we consider that:
   1. the goods / services are unsafe in any way;
   2. the goods / services do not meet the requirements of any law;
   3. the goods / services are offensive;
   4. the Supplier has breached its contract with us (for example, any information that the Supplier has given us is found to be untrue or misleading or deceptive).

35. If, in the circumstances described in the last clause, we have already transferred to the Supplier any part of the purchase price which you have paid for a voucher, before we receive your refund request, then we may, instead of providing you with a refund, provide you with a credit, equivalent in value to the purchase price of your voucher, which you can then use to purchase other Deals.

36. Refund / credit requests must be submitted in writing via the "Contact Us" page on our Website under the heading "Customer Support" which you can access by clicking here www.ourdeal.com.au/contactus.

37. Refund / credit requests must include:

1. your contact details;
2. the Deal voucher number; and
3. a detailed description of the issue(s) to allow us to understand why you are requesting a refund / credit.

38. We may need to verify the details of your refund / credit request with the Supplier and also ask you to provide further information. You agree to allow us a reasonable period of time to investigate your request.

39. Any refund / credit issued by us is limited to the value of the Deal purchased.

OurDeal Escape Travel Refund Guarantee

40. The following applies to Deals advertised as "Escape Travel Deals":

1. OurDeal will refund to you the full Deal price and cancel your voucher, if within 2 weeks after the relevant Deal is activated, you try and book your preferred dates but they are not available;
2. refunds under our Travel Escape booking guarantee are subject to your preferred dates being in the valid bookings period stated in the relevant Deal and you being able to provide us with reasonable evidence (eg: emails) that you tried to book your preferred dates within the 2 week period. Refunds under our guarantee will not be given if you do not try and book your preferred dates within the 2 week period.

Your Obligations

41. You must not interfere or attempt to interfere with our Platforms using any software program, routine or other activity.

42. You must not obscure, overwrite or modify any content on our Platforms.

43. You must not use profanity on our Platforms or Facebook page or Twitter account or submit any content that is false, obscene, defamatory, racist, sexist or which breaches any laws.

44. In addition, you must not, in connection with the use of our Services:

1. use anyone else's intellectual property without consent or encourage anyone else to do so;
2. engage in any unlawful activity or encourage anyone else to do so;

45. So that we can use any content and information that you provide to us, you grant to us a non-exclusive worldwide perpetual, irrevocable and royalty-free licence to use and sub-licence your content and information solely for the purposes of providing our Services. However, the use of any of your personal information is subject to our Privacy Policy.

Our Platforms

46. You are provided with access to our Platforms only for your personal and non-commercial use.

47. We will endeavour to provide you with access to our Platforms under our control 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we do not warrant that access to our Platforms or that the functions contained in any content or any public interface or user access to our Platforms will be uninterrupted or error-free, that any defects will be corrected or that our Platforms or the server(s) which stores and transmits content to you are free of viruses or other harmful components.

48. You agree that our Platforms are not fault-free and that you may experience interruptions and access difficulties from time to time. We do not guarantee continuous, uninterrupted or secure access to our Services and operation of our Platforms may be interfered with by numerous factors outside our control. We will take reasonable steps to fix errors in our Platforms that you tell us about, within a reasonable time. We reserve the right to refuse or remove any information or content which you submit, without needing to give any reason.

Disclaimers and Limitation of Liability

49. You acknowledge that our Platforms may contain hyperlinks and other pointers to internet websites operated by other third parties, including Suppliers ("linked websites") and that these linked websites are not necessarily under our control and that we are not responsible for their contents and that we do not endorse them.

50. Our Platforms 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. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by or from us.

51. You agree that all information and content which is posted on or transmitted through our Platforms by third parties (including Suppliers) is the sole responsibility of the third party who provided that information and content and is provided by us in good faith on an "as is" basis.

52. In particular, all information about Suppliers' goods / services as advertised in Deals ("Deal Information"), is derived from material and information provided by the Suppliers. Whilst we will use reasonable efforts to verify that Deal Information is accurate and not misleading, you acknowledge and agree that we are not responsible for inaccurate or misleading Deal Information including:

1. descriptions of the goods / services as advertised;
2. any claims that the Supplier makes about the benefits, value or characteristics of the goods / services advertised;

53. We will take reasonable steps to correct any inaccurate or misleading Deal Information as soon as practicable after being notified of it.

54. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT INVOLVED IN ANY ACTUAL TRANSACTION BETWEEN YOU AND A SUPPLIER FOR A SUPPLIER'S GOODS / SERVICES OTHER THAN AS STATED IN THIS CONTRACT. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF GOODS / SERVICES SUPPLIED BY SUPPLIERS OR THE ABILITY OF SUPPLIERS TO SELL THEIR GOODS / SERVICES.

55.

1. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES THE APPLICATION OF ANY STATUTORY PROVISION (INCLUDING A PROVISION OF THE AUSTRALIAN CONSUMER LAW), TO THE EXTENT, IF ANY, THAT ANY SUCH STATUTORY PROVISIONS APPLY WHERE TO DO SO WOULD CONTRAVENE THAT STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID.
2. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES AND LIABILITIES IMPLIED OR IMPOSED BY STATUTE, GENERAL LAW OR CUSTOM ARE EXCLUDED FROM THIS CONTRACT, EXCEPT ANY LIABILITY OR IMPLIED CONDITION OR WARRANTY OR CONSUMER GUARANTEE, THE EXCLUSION OR LIMITATION OF WHICH WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID ("NON-EXCLUDABLE CONDITION").
3. SUBJECT TO OUR REFUND & CREDIT TERMS AND CONDITIONS SET OUT ABOVE, OUR LIABILITY FOR BREACH OF ANY NON-EXCLUDABLE CONDITION (OTHER THAN AN IMPLIED WARRANTY OF TITLE) IS LIMITED, AT OUR OPTION, TO THE SUPPLY OF OUR GOODS/SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING OUR GOODS/SERVICES SUPPLIED AGAIN (EXCEPT FOR GOODS OR SERVICES OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION IN RESPECT OF WHICH OUR LIABILITY (IF ANY) IS NOT SO LIMITED).

56. Subject to the last two clauses and our terms and conditions relating to refunds / credits, in no event will we be liable for and you release us from all Claims and Loss which you may suffer or incur in connection with:

1. your use of our Platforms, except for a breach of our obligations set out in these terms and conditions;
2. the Deal Terms or a Supplier's goods / services breaching any law, for example, any product safety laws or laws dealing with anti-discrimination;
3. your use of any goods/services that you purchase from a Supplier including any resulting injury or death to you or any other person;
4. the quality, safety, useability or any other aspect of any goods/services that you purchase from a Supplier;
5. if you incur any costs, for example, travel and accommodation costs in order to redeem a voucher or because you cannot redeem a voucher in accordance with these terms and conditions;
6. your failure to redeem a voucher in accordance with these terms and conditions; and
7. any other acts, omissions or defaults of a Supplier.

57. To the extent permitted by law, we, including our agents, employees or contractors, will not be liable for any loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime, business interruption or any indirect or consequential loss, however caused in connection with our Services.

58. Subject to the last 4 clauses and our refund/credit terms and conditions, but notwithstanding any other provision of this contract, our total liability to you under or in any way connected with our Website, our Services and any Deal, in aggregate for all Claims, is limited to an amount equal to the value of the Deal purchased by you in respect of which the relevant cause of action arose.

Indemnity

59. You at all times agree to indemnify us, our directors, officers, employees and agents and agree to hold us, our directors, officers, employees and agents harmless from and against all third party Claims and Loss which we suffer or incur in connection with:

1. your use of our Services;
2. your use or application of any Supplier goods/services that you purchase;
3. your infringement of the third party's rights (including intellectual property rights);
4. breach of any warranty or representation that you have given to us, including in these terms and conditions; and
5. your breach of any law.

Intellectual Property

60. We own all intellectual property rights, including without limitation the copyright in the source code and object code in the software supporting and operating our Website and the content of our Platforms to the extent that such content has been prepared and posted to our Platforms by us.

61. You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.

62. Except as expressly permitted by these terms and conditions or by us in writing, you may not use or copy any trademark, trade name, service mark, logo, symbol or other intellectual property rights owned by us without our prior written approval.

63. Nothing in these terms and conditions grants you any title, right or interest in our intellectual property.

64. You represent and warrant that all information, content, materials and anything else which you provide to us do not infringe, directly or indirectly, the intellectual property rights of any other person.

General

65. These terms and conditions are incorporated by implication into all contracts between us and you in relation to the use of our Services. They also form part of the terms and conditions applying to all Deals.

66. Unless expressed in writing to you, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver or variation thereof nor will the exercise by us of any other right, power or privilege prevent us from exercising any other rights, power or privileges available to us.

67. These terms and conditions are governed by the laws in force in NSW. Both you and we submit to the jurisdiction of the courts of NSW and all courts of appeal therefrom.

68. If any part of these terms and conditions is held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provisions have been deleted.

69. Nothing in these terms and conditions is intended to create an agency, partnership or joint venture relationship between us and you. Neither we nor you have any authority to bind the other to any obligation to any third parties unless otherwise agreed in writing.

70. We will not be liable for any delay in performing any of our obligations under these terms and conditions due to circumstances beyond our reasonable control.

Privacy and Personal Information

71. You may ask us to provide you with access to the personal information that we hold about you unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.

72. If you wish to gain access to your personal information or if you have any questions about what sort of personal information we hold and for what purposes and how we collect, hold, use and disclose that information , please contact us at Level 2, 299 Elizabeth Street, Sydney NSW 2000; Phone: (02) 8305 1800; or email: support@ourdeal.com.au.

73. We will take reasonable steps to correct any of your personal information that you can establish is not accurate, complete and up-to-date.

74. You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.

75. We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails or via our Platforms) and when you join OurDeal or purchase a Deal. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth. Where the terms of a Deal do not require a voucher to be redeemed, we will also collect your nominated delivery address.

76. We use your personal information for the following purposes:

1. the supply of our Services;
2. communicating with you in connection with your Member account information and customer service issues; and
3. to give Suppliers your name, voucher details and if applicable to a Deal, your nominated delivery address; and
4. internal management purposes; and
5. marketing of OurDeal and other promotional purposes in connection with our Services.

77. You expressly consent to us using your personal information for these purposes and to communicate with you in connection with our Services. In particular, you expressly consent to us sending to you daily communications via any form of media.

78. In order to supply our Services, we may need to disclose your personal information to third parties such as other companies and persons that we engage to help us supply our Services including to process payments, electronic communication providers and data analysis. We take steps that your personal information is only used for the services/purposes we require.

79. Whilst we stipulate in our contracts with Suppliers that your personal information cannot be used for any purpose other than the supply of their goods / services to you or as specifically set out in the Deal terms, we cannot guarantee that a Supplier will not use your personal information for any other purpose.

80. We may also disclose your personal information to Suppliers for other purposes, for example competitions and promotions run by the relevant Supplier. However we will only do this if disclosed in the specific Deal Terms and you place an order for the Deal.

81. You also expressly consent to our parent companies, News Limited and Network Ten Pty Ltd and their associated entities (as defined in section 50AAA of the Corporations Act) sending you communications (via any form of media) in relation to their goods, services and promotions which may be of interest to you.

82. If we sell our business or any assets forming part of our business, or our intellectual property rights relating to our Platforms, you agree that we may transfer to the buyer your personal information.

83. Other than as set out above or as required or permitted by law, we do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services, unless you agree to us doing so on an "opt in" basis.

84. In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, 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.

85. As noted above, our Website may contain content or advertisements from third parties (including Suppliers) and/or links to other websites. These other sites and third parties may use their own cookies and similar technologies to collect data or solicit information from you. We are not responsible for the privacy practices, policies or the content of those third party websites. We encourage you to read the posted privacy policies of any website you encounter to learn more about the privacy practices of that website. However, we do not have access to or control of the cookies that may be set by a third party including those of our Suppliers and these terms and conditions do not cover the use of cookies by any third party.

86. We are committed to protecting your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We use commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of information in our care, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage is 100% secure however. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also 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.

Gift Cards

87. After you create a gift card, we will email the recipient of the gift card as per the preview at the bottom of this webpage.

88. Each gift card comes with a unique gift card code.

89. Gift cards can be redeemed for an equivalent value credit by entering the gift card code at www.ourdeal.com.au/giftcards/redeem. For example, a $50 gift card can be redeemed for a $50 credit.

90. In order to redeem a gift card and use gift card credits, you will need to join OurDeal and create a Member account (if you aren't already a Member).

91. Gift cards and gift card credits do not have an expiry date.

92. Gift card credits can be used towards the purchase of any Deal advertised by OurDeal. To apply your gift card credits towards the purchase of a Deal, simply tick the box that says you want to use your gift card credit in the purchasing section.

93. If your gift card credit is worth more than the cost of the Deal, then whatever is left over can be redeemed on the next Deal that you purchase.

94. Gift cards may not be redeemed for cash. Gift cards may only be redeemed for gift card credits once.

95. When you create a gift card, you are solely responsible for ensuring that you provide us with correct details of the gift card recipient's name and email address. OurDeal is not responsible if a voucher cannot be emailed to the recipient, for example, because it is blocked by a fire wall or filter or because you have given us an incorrect email address or because the recipient has changed his/her email address.

96. The OurDeal Terms and Conditions apply to the purchase of Deals using gift cards.

OurDeal Pty Ltd