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TERMS & CONDITIONS
MYDEAL.COM.AU (THE ‘WEBSITE’) IS AN INTERACTIVE ONLINE SERVICE OWNED AND OPERATED BY MYDEAL.COM.AU PTY LTD (ACN 150 104 715). PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. THE WEBSITE PROVIDES DEALS TO ITS REGISTERED MEMBERS (“USERS”) THROUGH THE MYDEAL WEBSITE LOCATED AT MYDEAL.COM.AU AND ITS RELATED PARTNER WEBSITES. BY ACCESSING OR USING THE WEBSITE, USERS AGREE TO BE BOUND BY AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THE FOLLOWING TERMS & CONDITIONS.
1. USER REPRESENTATIONS: Users represent and warrant that: (i) they are at least 18 years of age; (ii) they possess the legal right and ability to enter into a legally binding agreement with MYDEAL with respect to any Deals purchased on the Site; and (iii) will use the Site in accordance with these Terms & Conditions.
2. USER’S AGREEMENT: Users agree:
(a) to maintain all equipment required for their access to and use of
the Site; (b) to maintain the security of their user identification,
password and other confidential information relating to their MYDEAL
account (“Account”); (c) to be responsible for all consequences
resulting from use of their Account, use of their Account by others
(including minors) or unauthorised use; (d) to notify MYDEAL immediately
if Users become aware of any unauthorised use of their Account; and
(e) that each username and password must be used by a single user and
are not transferable.
3. REGISTRATION: In order for Users to be able to access the products offered by MYDEAL on the Site, Users must register by completing their registration details in the manner described on the Site. MYDEAL reserves the right to terminate a User’s membership at any time if that User breaches these Terms and Conditions. Users must ensure that their registration details are true and accurate at all times. Specifically, Users must notify MYDEAL of any change to their registration details. Upon registration, Users must need to nominate a username and password.
4. RESTRICTIONS ON USE: Users agree to use the Site solely for their own personal and non-commercial use. Further, Users agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other Users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.
5. MODIFICATIONS: MYDEAL reserves the right to modify these Terms of Use from time to time. Such modifications will be effective immediately upon publication on this Site. Continued use of the Site, or any of the materials contained on the Site, following such publication will be deemed a User’s conclusive acceptance of the modified Terms of Use.
6. EMAIL POLICY: It is assumed upon
signing up that Users agree to receive emails from MYDEAL for the confirmation
and registration of products and for receiving information on offers
via the MYDEAL newsletter. Emails are essential for confirmation and
reservations will not be sent unless Users consent to receiving such
email.
7. PLACING ORDERS:
a) For the avoidance of doubt, the promotion and/or publication of products on the Website or within any email correspondence that you receive from MYDEAL does not constitute an offer from MYDEAL to sell you the product. The promotion and/or publication of products on the Website or within any email correspondence that you receive from MYDEAL are to be treated as an invitation only.
c) By placing an order for a product or voucher on the Website, you are making an offer and commitment to purchase a product or voucher on the product or voucher Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
d) MYDEAL reserves the right to accept or reject your offer to purchase a product or voucher for any reason (or no reason). In the event MYDEAL cancels your order to purchase a product or voucher, MYDEAL will refund the funds (full purchase price) to your credit card.
e) Once you have made an order to purchase a product on the Website, you cannot cancel that order.
8. CHANGE OF MIND/REFUNDS:
a) Your satisfaction is our priority however, please choose carefully as we do not refund or exchange simply because you changed your mind. However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less delivery fee.
b) If you think that a Product is defective you should contact our Customer Service Team on 03 8686 7750 or support@mydeal.com.au and a MyDeal Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of MyDeal. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
9. RETURN AUTHORISATION NUMBER: A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to MyDeal within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
9. DELIVERY & SHIPPING: Orders are dispatched within 2 days and delivered by registered Australia post within 3-5 business days. We strive hard to keep your shipping costs as low as possible without compromising on the quality of the packaging materials we use. All our products are normally delivered to AU addresses using Registered Australian post. We insure the parcel for items over $50 in value or parcels containing Glassware so it will need to be signed for by the recipient. If your package is lost or has arrived damaged, please contact us by email immediately.
10. DAMAGED ITEMS POLICY: Please before
you sign for the parcel open and inspect the parcel to insure all the
items are in the good condition especially glassware. In case of the
breakage please contact us straight away. Please email us a photo of
the damaged item and your order number so we can lodge a claim with
the delivery service.
11. TERMS OF VOUCHERS
Users acknowledge and agree that their purchase of a voucher from MYDEAL may be subject to specific terms and conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a voucher, the expiration date for your redemption of the voucher with the Merchant), which will be disclosed on the Site prior to their purchase of the voucher. Users agree to be bound by those specific terms and conditions, and acknowledge that if there is any inconsistency between those terms and conditions and these Terms and Conditions, those terms and conditions will prevail.
Unless otherwise stated in the vouchers Specific Terms or required by law, the following terms apply to all Vouchers (without limiting the other terms and conditions in these Terms & Conditions of Use):
a) Vouchers are not redeemable for cash.
b) If, for any reason, you do not or cannot use or redeem a voucher you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that voucher, except as required by law.
c) MYDEAL is not responsible or liable for your lost or stolen voucher.
d) The expiration date for a voucher is as printed on the voucher and will be quoted on the Website. All vouchers are deemed void after the published expiration date and will not be honoured by MYDEAL or the Merchant. Expired vouchers are non-refundable in whole or in part.
e) MYDEAL cannot guarantee that Users will be able to make a booking, reservation or appointment at particular times. It is the responsibility of the User to arrange a time for a booking, reservation or appointment directly with the business.
f) If you cancel a service booking you have made directly with a Merchant, the Merchant may charge you a cancellation fee (which may include invalidation or cancellation of your ability to redeem the relevant vouchers).
g) Vouchers may not, without the
prior written consent of MYDEAL, be resold or offered for resale, duplicated,
used, traded or used for advertising, promotion or other commercial
purposes (including competitions and trade promotions) or to enhance
the demand for other goods or services.
14. INDEMNIFICATION: Users agree to defend, indemnify and hold harmless MYDEAL, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by User.
15. USE OF THE SITE OUTSIDE AUSTRALIA: MYDEAL does not represent that the contents of the Site are appropriate or available for use in countries outside Australia. If a User chooses to access the Site from outside Australia, the User is responsible for compliance with foreign and local laws.
16. MISCELLANEOUS: This Agreement and any operating rules for MYDEAL established by MYDEAL constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
MYDEAL headquarters are in Victoria, Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Victoria (exclusive of its rules regarding conflicts of laws). By using this Site, Users agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Victoria.
