Terms & Conditions
Terms and Conditions
EZDEALS.COM.AU (THE ‘WEBSITE’) IS AN ONLINE DEAL AND COUPON EXCHANGE PLATFORM OWNED AND OPERATED BY EASTERN STAR ONLINE PTY. LTD. TRADING AS EZDEALS.COM.AU AND EZDEALS AUSTRALIA (ACN 158 630 392) OF 93 LIVERPOOL STREET, SYDNEY, NSW 2000 (‘EZDEALS AUSTRALIA’, ‘WE’, ‘US’).
IT IS IMPORTANT FOR ALL USER OF THE WEBSITE TO READ ALL OF THIS TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY PART OF THIS WEBSITE OR ANY SERVICE PROVIDED BY THIS WEBSITE.
BY VISITING THE WEBSITE (IN ANY KIND OF WAY AND FORM), YOU (THE WEBSITE USER) ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, AND THIS SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EZDEALS AUSTRALIA.
If you do not agree to any one of these Terms and Conditions, you shall leave the website immediately and not use the Website.
As a consumer, nothing in this agreement affects any of your non-excludable statutory consumer rights in Australia.
AMENDMENTS TO TERMS AND CONDITIONS
EZdeals Australia reserves the right to amend, vary and/or replace any of the Terms and Conditions at any time, and from time to time at EZdeals Australia’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of any of these Terms and Conditions.
EZdeals Australia is not obligated to notify you of any changes to the website and/or to our Terms and Conditions in advance. It is your responsibility as a user and visitor of the website to check our Terms and Condition page from time to time to make yourself aware of the latest versions of the Terms and Conditions.
USER REGISTRATION AND ACCOUNT
In order to have access to purchase a deal via EZdeals Australia through the Website, you must first create a registered account on the Website and follow the process to activate the account.
To activate an account, you must provide us with some personal information such as your name, address and valid email address. When giving out this information, you agree that this information given is accurate to the date, and you agree to update this information in the future should any changes to the above information changes. Upon receiving of this information, and verifying this information, only then can your account be activated.
An activated registered account will enable you to:
- receive information and email communication from EZdeals Australia,
- make a purchase of a deal from EZdeals Australia,
- receive the deal coupon after successful payment of a deal you purchase,
- view past purchased coupons
EZdeals Australia has the rights to refuse account creations or refuse access of registered account in the condition where:
- you have register, open or conduct an activity with the account in a fraudulent or illegal manner,
- you have breached these Terms and Conditions,
- EZdeals Australia is required by the law, to refuse or cancel an account,
- you have an existing account.
Your Membership is a privilege, not an entitlement and we may change our services and suspend, terminate or restrict your Membership if we believe that this is reasonably justified having regard to these Terms and Conditions including because:
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our other Members, third parties or us;
- you have, or we believe that you have, breached these Terms and Conditions.
As an owner of an account, you agree that you are solely responsible for the activity that occurs on your account. It is your responsibility to keep the security token or password to the account save at all time as to prevent any un-authorized access to the account. EZdeals Australia will not accept responsibility of any purchase made on your account by un-authorized or un-intended use of your password and/or your account.
If you ever suspect or aware of any un-authorized use of your account, or that your password security has been compromised; you agree to notify us immediately of your suspicion and you agree that you will be responsible to immediate change of your password to protect the integrity and security of your account.
By making a purchase on EZdeals Australia, you accept these Terms and Condition and warrant EZdeals Australia that:
- you are eighteen (18) years of age or above;
- you are entering into a legally binding contract with EZdeals Australia with respect to the purchased coupon
If we suffer any economic loss or reputation damage as a result of a purchase of a coupon or other account activity performed on your account by a minor, we reserve the right to seek compensation for our losses from the parents (or guardians) of the minor who perform the activity in the related account.
UNAUTHORIZED USED OF THE WEBSITE
You agree to use the website only for purposes that are permitted by:
- these Terms and Condition,
- any applicable lay or regulation,
- generally accepted practice or guidelines.
You agree not to engage in any form of activity in the website that may interfere with or disturb this website or the servers and the networks that host the Website. You agree not to, or attempt to circumvent, disable, or interfere with security-related features of the Website.
You agree not to use, copy or distribute any content of this website both for commercial or non commercial use, unless with prior written consent from EZdeals Australia or relevant owner of the content. This includes but are not limited to:
- graphics and photographs,
- musics and videos,
- slogan and text,
- code and other supporting asset of the website.
You understand and acknowledge that any fraudulent, illegal or un-authorized use of the website shall constitute a violation of these Terms and Condition. You understand and agree that EZdeals Australia may refer any suspected fraudulent, illegal or un-authorized use of the website to relevant law enforcement authorities.
You will use your account only to access this website. You agree that you will not use any other member’s user account without prior consent from them and upon receiving their permission.
If a violation of this Terms and Condition occurs, EZdeals Australia reserver the rights to suspend, cancelled or denied access to our Website or our services temporarily or permanently and you may be prohibited from applying for a new Member registration in the future.
LINK TO THIRD PARTY WEBSITE
Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. EZdeals Australia does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website.
Privacy and security policies on third-party websites may differ from those practiced by EZdeals Australia. You should review the privacy policies and other terms of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.
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. You acknowledge that if there is any terms and conditions or other information that is conflicting in the third-party link to our deal and website terms and condition, our terms and conditions for deal and website usage will be the one that you have to follow and approve when you do a purchase with us, or use this website.
PRIVACY AND PERSONAL INFORMATION
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. To gain access to this information please kindly request from us through email@example.com.
You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
You agree that we may on occasion use your personal information for our internal company use, share it to another business that is still under the same corporation, or use your information to advertise promotion from our third-party business partner. Although EZdeals Australia do occasionally use our membership and your information to market some offer and promotional material from our third-party business partner, we will not reveal any of your personal information and/or give it to any of our third-party business partner for for their use, collection and keeping. In the event that we want to market our third-party business partner offer or promotions, we will take that offer or promotional material from our third-party business partner, process it and then resend it via our business and internal company infrastructure.
In the event the EZdeals Australia business or company is sold to a third party, you grant EZdeals Australia the right to transfer the personal information and other data and rights that EZdeals Australia has collected from you to that third party, and EZdeals Australia will not be required to obtain your prior consent or approval or to notify you of such a transfer.
EZdeals Australia will try our best to search for amazing deals with reputable suppliers with all due care and skill. You acknowledge and agree that EZdeals Australia is not the supplier of the goods/service related to any coupon purchased through our deal and coupon exchange platform or the Website. As a result, EZdeals Australia do not have direct control over the supplies and quality of those goods/service. Therefore, EZdeals Australia do not warrant to any of our coupon purchaser that any goods/services will be provided to you with any particular standard of quality; and you acknowledge and agree that by purchasing a coupon, we are not liable to you if you are not satisfied with the service in any way.
To the extent permitted by law, we exclude all liability to you (or to anyone else who may use the services purchased) for any loss or damage of any kind (however caused or arising) relating in any way to the website or to the provision of the service by the service provider including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website
- personal injury or property damage of any nature resulting from your access to, and use of, the website or from your use of any service
- any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers
- any interruption or cessation of transmission to or from our website
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party
- the merchantability or fitness for any purpose of any service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the website or through any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorized web address.
Some services provided by providers may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such service you should inform yourself of the risks and/or specific skills or qualifications involved.
Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods and /or services.
Where any law implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to EZdeals Australia for the coupon in question.
EZdeals Australia will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside EZdeals Australia’s control which is not due to any lack of reasonable prudence or foresight.
HOW OUR DEAL WORKS
EZdeals Australia is a deal and coupon exchange platform that provides our member a selection of local and national promotion from our supplier or merchant.
The deal on our website will typically runs on a period of 24 hours as main deal (the deal that user sees first on a state selection, e.g. sydney or newcastle) and followed by a further run by few days as a side deal (the deal located on the side of the website when visiting a state selection, e.g. sydney or newcastle). EZdeals Australia has the rights to change this logic at any time, and is not obligated to notify customer in advance.
Each of our deal in this website will requires a minimum number of order, before the deal is on. In the case that the deal minimum number is not achieved, all funds will be refunded to the customer purchasing the deal.
If you place an order for a deal, this will constitute an offer to purchase a coupon from the relevant supplier of the deal being purchased. Our duty as an exchange platform is to collect the money for the supplier and electronically issues a coupon on behalf of the supplier specific for the deal you purchase. Your coupon will only be deemed valid, once the deal is ‘on’ in our system.
EZdeals Australia have the full rights to accept or reject your offer to purchase a coupon with our coupon exchange platform for any reason. If we decided to reject your purchase or cancel it, we will give you a full refund of any payment received back to your credit card or bank account.
To purchase a deal and receive the coupon, you must be a registered member of our website. You can register your account via a registration link, found in the Website home page for convenience.
When you place an order for a deal, you are required to provide a valid credit card number and valid credit card credentials. Failure to provide a working credit card number with correct and valid credential will results in failure to purchase the deal. If the payment is resulting in a failure, you may miss on the chance to get a deal.
In most cases, unless otherwise stated in the deal specific Terms and Conditions by the relevant supplier, discount coupon cannot be used with or in combination with any other gift coupon, promotion or other coupon (issued by us or someone else). On completion of a deal, we will supply the relevant supplier with coupon number and enough detail so they can full fill their obligation to supply the goods / services advertised on the deal.
EZdeals Australia is only acting as a part-time agent to advertise our Suppliers’ goods and/or services on our Website.
EZdeals Australia DOES NOT supply or sell any of the goods / services shown on our Website.
All prices shown on our Website are inclusive of GST. Prices are current at time of display but are subject to change without notice.
THE EZDEALS COUPON
Each of the EZdeals Australia coupon issued from our deal website, includes:
- a unique coupon identification number (COUPON ID),
- the name of the deal related to this coupon,
- the place(s) to redeem the coupon (if automatic redemption, the address that is provided on the checkout or payment steps is used by the supplier to full fill the coupon and send the goods, hence no more further correspondence to redeem the coupon is necessary. Automatic redemptions is valid only for product based deals).
- the term and condition of the deal,
- expiry dates of the coupon, and
- the name of the purchaser.
Automatic redemption of coupon is a process where the coupon is automatically redeemed and used straight away on payment, and this happens when the deal is consisting only products which can be shipped directly to purchaser. When automatic redemption is applied to a deal by our system, purchaser must enter correct and accurate delivery address on the payment step of the deal purchase process. Failure to give a correct and accurate address for automatically redeemed item, will results good(s) not being received or lost. In doing this, you may violate the deal coupon validity and make the coupon un-usable.
All of the coupon generated by our system will be delivered to the email address of the user purchasing the item and in the case of a gift, to the recipient of the gift. It is the purchaser responsibility to ensure that their mailbox, and the gift recipient mailbox can successfully received coupon. We will not accept any liability or responsibility if a coupon is not received due to any miss configuration of the recipient mailbox, firewall blocking our email or any other wrongdoing from the purchaser.
By purchasing a deal, and redeeming a coupon, you will have already read and agree to these Terms and Conditions.
You may only redeem a coupon once.
PROVISIONING OF GOODS / SERVICES FROM COUPON
You can only redeem coupons from the relevant supplier of the goods / services specified in the coupon. We do not ourselves sell the goods / services which we advertise on our Website as Deals. The relevant Supplier is solely responsible for redeeming any coupon which you purchase. Coupons 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) terms that:
- the coupon may only be redeemed within a certain period of time from the relevant Supplier, after which your coupon will expire and may not be redeemed;
- you can redeem your coupon from the Supplier by appointment only;
- you may only redeem your coupon on certain days of the week;
- if the redemption of your coupon is subject to making a booking and you subsequently cancel that booking, your coupon may be forfeited;
- limit the liability of the Supplier.
If any additional Supplier terms and conditions apply to a Deal / coupon, then we will inform you of those additional terms and conditions when we advertise the Deal on our Website. You acknowledge and 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.
Bookings to redeem your coupon may be subject to any Supplier policies. If you cancel a booking to redeem your coupon, you may incur a cancellation fee payable to the Supplier.
You agree that any booking you make with a Merchant may be subject to that Merchant’s separate terms and conditions or policies. All goods / services are subject to Supplier availability. We cannot guarantee that goods / services will be available so that you can redeem your coupon at your preferred date and time.
You acknowledge and agree that Suppliers may cancel and reschedule any booking which you make to redeem a coupon.
You acknowledge that for some item advertise, the images displayed is only used as a representation, and some property such as their colors, style, finishes may not be the same as the one pictured. This difference is however not going to affect the quality of any goods/service that you purchased from the deal.
It is your responsibility to provide a correct choice preference such as color, sizes and other property upon purchasing a coupon from the site. You also acknowledge that if your choices given is outside the list of available options for a specific deal, the supplier may gives you any random choices from their available choice, and may refuse refund and replacement if the product/service delivered to you is not satisfactory to you or does not work for you.
NO REFUND POLICY
You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Coupon, unless mistakes originates from EZdeals Australia.
EZdeals Australia will not refund any coupon purchased from us if:
- you fail to specify your correct preferences,
- you choose the wrong size that is not available in the deal (specified in deal terms and conditions),
- you supplies the wrong shipping address information at our checkout process (for products that has automatic redemptions),
- you supplies incorrect information to our merchant partner or supplier, and in doing so preventing our merchant partner or supplier to provides the best product/service or deliver a product/service,
- you are booking a service in a very last minute situation, and in doing so, our supplier or merchant partner may not be able to service you in time or deliver a product for you in the relevant time frame.
LIMITED WARRANTY OF COUPON
EZdeals Australia will not be able to refund coupon or accept refund of coupon if your coupon expires or becomes invalid for any reason.
There is a limited guarantee time where EZdeals Australia will provide support and help customer get their item guaranteed. Please agree and read the section EZdeals Coupon Guarantee Period, before purchasing the deal on EZdeals Australia.
You acknowledge and agree that coupons are not refundable if:
- your coupon has been damaged, lost or stolen, or
- if you are unable to redeem your coupon, or
- if you have changed your mind.
You may be entitled to a partial or full refund of the coupon price which you have paid for if:
- we make a mistake, for example by issuing you a coupon which is incorrect;
- we become aware that a Supplier has become bankrupt, started being wound up, entered into administration or had a receiver appointed to it after the start of the Advertising Period but before we transfer the purchase price which you have paid for a coupon to the Supplier, (in most case, EZdeals Australia will transfer the fund 1 day after the deal finish, hence this is the time frame for this clause);
- you are not satisfied with the quality of the goods and services received pursuant to a coupon he/she has purchased on the Website
- you are not satisfied that the goods or services provided by a Merchant conformed with the terms and conditions for that Deal;
To request a refund or a coupon from a deal, a request for refund must be submitted via our support email: firstname.lastname@example.org. To be eligible for a refund and to be able to assist in getting a quicker solution, purchaser must submit a refund request email with the following detail:
- the name of the deal noted in the coupon,
- the coupon identification (COUPON ID),
- the email address used to purchase the coupon,
- the value of the coupon.
For a full refund or partial refund to be processed, the refund request email must provide in detail a full account of the purchaser experience with the good and/or service and full particulars as to:
- why the purchaser is not satisfied with the quality of good and/or service, and/or
- why they are not satisfied that the goods or services provided by a Merchant conformed with the terms and conditions for that Deal as published on the coupon and/or the Website, and/or
- the circumstances surrounding the Merchant not providing the goods or services that should have been provided pursuant to the terms of the coupon.
EZdeals Australia reserves the right to verify the validity and veracity of some or all of the Particulars at any time, including (but not limited to) by consulting with the relevant merchant responsible for fulfillment of the Deal and/or by asking the purchaser for additional information or documentation.
EZdeals Australia reserves the right to refuse a refund (in its sole discretion), if EZdeals Australia concludes that a complaint is invalid or that the purchaser’s particulars, reasonings and/or explanation are misleading, incorrect and/or deceptive.
Where a purchaser has previously received a refund from EZdeals Australia (including pursuant to these terms and conditions), EZdeals Australia reserves the right to refuse a further request for a refund made by that purchaser.
Certain deal, especially one that is related to provisioning of services or places of services, may requires the purchaser to redeem the coupon and pre-book in advance to secure availability. Failure to pre-book in advance and not getting the availability, will be treated as the purchaser lack of responsibility, and will be taken as a negative accounts to a refund request. Therefore, it is always recommended by us to always call service providers and places not in the last minutes, otherwise your refund may not be process successfully.
The maximum liability and refund value of a coupon purchased, will be that coupon value and not the deal original price or RRP. If customer is refunding into a credit-card account, a fee of up to 3% of coupon value may be charged for the refund transaction to the customer. If customer as an australian bank account, a fee of up to 2% may be charge for refund transaction. This fee is not collected by EZdeals Australia, however it is collected by the institution processing the refund.
EZdeals Australia has the rights to resolve a dispute regarding refund of a coupon with any means necessary as to bring back value of that deal. EZdeals Australia may use one of the method below as a mean to resolve a refund dispute:
- repairing of the goods,
- replacing the goods/service with similar product/services,
- resupplying of the goods/service with similar product/services,
- repaying back the coupon value (minus transaction fee outline above).
You acknowledge that when submitting a refund request, you will allow and give EZdeals Australia significant time to validate the request, chase and consolidate the problem with our merchant partner and process the refund process. Although we do not ever want our customer to have an inconvenience, EZdeals Australia still has to go through a lot of process before a refund can be successfully processed. EZdeals Australia, hence, in continuation to the previous statement, will no be able to guarantee a specific date or time of refunds to a customer.
Any refund provided to a purchaser is in no way an admission of guild or liability by or on behalf of EZdeals Australia or the admission of any other fact in connection with any act or omission which led to the request for a refund being submitted by the purchaser.
EZdeals Australia reserve full right to modify and/or cancel any part of this refund policy at EZdeals Australia discretion.
EZDEALS COUPON GUARANTEE PERIOD
EZdeals Australia will gives 30 days including holidays and public holidays, after the deal is expected to be delivered per the deal terms and condition (in the case of a product deal) or after the deal finished (in the case of a service), to make sure that customer can file complaints to email@example.com, in the case they want to raise a dispute on the purchased coupons. It is therefore the responsibility of the purchaser of the coupon, to make sure to contact us during this 30 days period if they believe there is a problem with the coupon.
Under the clause above, if the purchaser of coupon does not contact us during that 30 days period, and file a dispute complaint afterwards, we reserve the rights to reject such complaints, because we at the end of the 30 days period, we will confimed that all coupon have been valid and customer have received the goods or have or can possibly redeem the coupon in the future.
It is therefore the responsibility of the purchaser of the coupon to:
- In the case of product deal, keep in mind around which time the deal will end, and make sure to check their mail and post office for the item. If delivery is stated in the range, this 30 days will start from the end of the delivery time range. For example, if delivery is expected to be 3 - 5 weeks from end of deal time, at the end of the 5 weeks, the customer have 30 days put a request of dispute to us if they have not received the item.
- In the case of a service deal, the customer have to make sure they redeem the voucher, or attempt to contact the merchant provided contact for future redemption, within 30 days after end end of the deal time. This is despite the redemption time written on the coupon and deal terms and condition, as these terms are guranteed by the merchant not EZdeals Australia. For example, if the service deal has a terms that says can be redeem in the next 3 months, it is still the customer or purchaser responsibility to redeem within 30 days, if they want to raise a dispute with EZdeals Australia. If they try to redeem after the 30 days, the warantee and support will only be available from the merchant.
EZdeals Australia will only warant and provides gurantee on the provisioning of the coupon in the 30 days of the coupon guarantee period. If during this period, we will tend to the warantee of the coupon as per the warantee clauses written above this section, under Limited Warantee of Coupon.
After this period, the customer can still file a complaint to the relevant supplier of the deal, and the customer has all consumer rights with the relevant supplier of the deal. If the customer raises a dispute after the period ended and wish to ask for the merchant contact detail, please send us an email at firstname.lastname@example.org and we will provides the relevant contacts to raise a dispute with the supplier.
We therefore urges and encourage the customer and purchaser of coupon to make sure they redeem 30 days after deal finish and check the mail (in the case a product item) for the item at the end of the delivery time range. This way the purchase can be waranted by EZdeals Australia, otherwise, EZdeals Australia will not warant the purchase as it has been considered valid and only the merchant can warant the purchase.
By purchasing from EZdeals Australia customer understand and agrees abou this 30 days limited warantee period that EZdeals Australia provides, and knowing this, the customer still wish to purchase the deal.
LIMITATION OF LIABILITY
Except if and to the extent required by law in respect of the coupon purchased under this agreement, EZdeals Australia accepts no liability for issue of refunds in relation to the goods or services supplied or to be supplied by the third party provider in accordance with the purchased coupon. Where EZdeals Australia is liable, its liability shall be limited to the provision of the minimum remedies required at law.
EZdeals Australia accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party. Where EZdeals Australia liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the EZdeals Australia coupon purchased.
You acknowledge that our Website may contain hyperlinks and other pointers to internet websites operated by other third parties site. You also acknowledge that these 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. 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.
If you try to follow a third-party link to any website, then you do so entirely at your own risk and your own will.
We may also put an advertisement on our website from a third-party partner. EZdeals Australia does not endorsed any content provided by this third-party advertising. It is simply displayed in our website to market our third-party partner. It is up to you to follow the link and to enter the third party site. EZdeals Australia will not accept responsibility and/or liability on any activity that you may incur as a results of following a third-party advertiser link from our website.
In particular, information about suppliers' goods / services is derived from material and information provided by the Suppliers. You acknowledge and agree that we will not be responsible for incorrect information or material supplied to us by Suppliers (including descriptions of the goods / services the subject of any Deal).
You acknowledge that you are solely responsible for ensuring that all goods / services the subject of any Deal, our Website and our services meet your requirements of their intended function, application and/or use.
In particular, in no event will we be liable for any acts, omissions or defaults of any supplier or any third party including (and this is not an exhaustive list):
- if a supplier fails to provide you with the relevant goods / services, in whole or in part, when you try to redeem a coupon;
- if you incur any costs, for example, travel and accommodation costs because you cannot redeem a coupon;
- if a Supplier cancels your booking to redeem a coupon.
We expressly limit our liability for breach of a non-excludable express or implied term, condition, warranty, statement, assurance or representation by virtue of any legislation, to the following (the choice of which is at our discretion):
in the case of goods:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
in the case of services:
- the resupply of the services; or
- the payment of the cost of resupply of the services (which in most instances would be the value of the coupon for any particular Deal).
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 Claims (a demand, action, assessment, determination or proceeding of any nature, whether actual or threatened) and Loss (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) which we and/or you suffer or incur in connection with:
- your use of our Website;
- our services;
- any goods / services supplied by Suppliers;
- any acts or omissions of Suppliers;
- third party claims that their rights (including intellectual property rights) have been breached;
- breach of any warranty or representation that you have given to us, including in these terms and conditions.