MYDEAL.COM.AU AND ITS SUB-DOMAINS (THE “SITE”) IS AN INTERACTIVE ONLINE PLATFORM OWNED AND OPERATED BY E-COM (AUS) PTY LTD, ABN 60 150 104 715 (“MYDEAL”/”US”/”WE”). PLEASE READ THE FOLLOWING TERMS & CONDITIONS (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SITE. THE SITE PROVIDES AN ONLINE MARKETPLACE, WHERE USERS OF THE SITE (“USERS”/“YOU”) MAY PURCHASE GOODS OR SERVICES (“PRODUCTS”) OR VOUCHERS (AS DEFINED BELOW) FROM THIRD PARTY MERCHANTS (“SELLERS”).
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
MYDEAL RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME, AND ANY UPDATED OR AMENDED AGREEMENT WILL APPLY TO YOUR USE OF THE SITE FROM THE EARLIER OF THE DATE ON WHICH THE NEW AGREEMENT IS PUBLISHED ON THE SITE, AND/OR WHEN IT IS FIRST COMMUNICATED TO YOU. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THIS AGREEMENT, AND TO REVIEW ANY UPDATED AGREEMENT WHEN IT BECOMES AVAILABLE.
1. USER REPRESENTATIONS
1.1 You represent and warrant to us that:
(a) you are at least 18 years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with MyDeal and/or a Seller with respect to any Product or Voucher purchased on the Site; and
(c) you will use the Site in accordance with this Agreement.
2. OUR RELATIONSHIP
2.1 MyDeal provides a Site whereby you, the User, may purchase Products and Vouchers from Sellers via the Site. Users purchase Products and Vouchers from Sellers and not from MyDeal. In this transaction, MyDeal simply acts as a limited agent for the Seller and the User, for the following purposes only:
(a) facilitating the purchase of a Product or Voucher by a User;
(b) collecting payment from the User and then remitting the payment to the Seller (less any fees charged to the Seller by MyDeal); and
(c) providing the Support Services (as described below) in respect of issues arising between a User and a Seller, in relation to the supply of Products and Vouchers.
2.2 Subject to clause 9.3, when a Product or Voucher is purchased via the Site, the User and the Seller will at that time form a legally binding agreement between each other on the terms of sale of the relevant Seller from whom you, as a User, purchased the Product/Voucher ( “Seller Terms”). In circumstances where you purchase Products or Vouchers from more than one Seller, you will form a legally binding agreement with each Seller in relation to the relevant Product or Voucher. Each such agreement is mutually exclusive. These agreements will be formed when you confirm your purchase of the relevant Products or Vouchers in your shopping cart.
2.3 A copy of the Seller Terms will be posted on the relevant listing page for each Product or Voucher you purchase or on the relevant Seller profile page. The Seller Terms will also incorporate any terms which are implied by law in relation to the supply of Products or Vouchers (but only to the extent that such implied terms are not expressly and lawfully excluded by the Seller).
2.4 MyDeal is not a party to the Seller Terms, and MyDeal’s only obligations in relation to that agreement are as set out in this Agreement. MyDeal is not responsible for the User’s or Seller’s performance of their obligations under the Seller Terms. MyDeal may, however, exercise any of the Seller’s rights arising under the Seller Terms for the benefit of MyDeal and/or the relevant Seller.
2.5 You agree to release and forever discharge MyDeal from any and all claims, actions, demands or proceedings, which you may make, institute or claim, in relation to:
(a) the Seller Terms, and all matters relating to the Seller Terms;
(b) any Products or Vouchers supplied to you under the Seller Terms; and
(c) the performance of the Seller Terms, or failure to perform any obligation under the Seller Terms, by the Seller.
2.6 By purchasing a Product or Voucher via the Site, you agree that you are bound by the terms of the Seller Terms.
3.1 In order for Users to be able to access the Products and Vouchers offered by Sellers on the Site, Users must register by completing their registration details in the manner described on the Site and open a User account on the Site (“Account”). You will be responsible for all usage of your Account and the use of your Account by others (including minors) or any unauthorised use. You must immediately advise us if you become aware of unauthorised use. Your user name and password for your Account are non-transferrable and must be kept confidential. You must ensure that your registration details are true and accurate at all times.
3.2 You agree that MyDeal may suspend, terminate and/or close your Account at any time, and for any reason in MyDeal’s sole and absolute discretion. Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the Site which is reserved for registered users.
4. LICENCE AND RESTRICTIONS ON USE
4.1 MyDeal grants you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the Site in accordance with this Agreement and subject to the following restrictions.
4.2 Users agree to use the Site solely for their own personal 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 this Agreement;
(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; or
(d) supply any content that: (i) would cause you or MyDeal to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or (iii) that could infringe any person’s rights, including their intellectual property rights.
5. EMAIL POLICY
5.1 You confirm that by using the Site, you agree to receive emails from MyDeal and the relevant Seller in relation to your purchase, return of or other dealings in relation to Products or Vouchers, and for receiving information on offers (including via the MyDeal newsletter). You may however opt out of the MyDeal newsletter at any time via the unsubscribe functionality contained therein.
6. LINKS TO THIRD PARTY WEBSITES
7.1 Information about the Products and Vouchers on the Site are based on material furnished by suppliers, product manufacturers and/or the Sellers. You agree that except as required by law, MyDeal cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to MyDeal or a change in Product or Voucher specifications without notice to MyDeal. The foregoing in no way limits any rights you may have under the Australian Consumer Law.
7.2 Users agree:
(a) to make their own enquiries to assess the information provided and suitability of the Products and Vouchers before an order is placed; and
(b) that product images on the Site are for illustration purposes only and the actual Products may vary.
7.3 All Products offered on the Site are supplied subject to this Agreement and the relevant Seller Terms. To the extent there is any inconsistency between this Agreement and each of the Seller Terms, the agreements will be read in the following order of priority (i) this Agreement; and (ii) the Seller Terms. You agree that by purchasing a Product, that you will be bound by the Seller Terms for that Product, as described in this clause.
7.4 MyDeal reserves the right to:
(a) change, suspend or remove any Product offer or other information from the Site at any time; and
(b) advise Users that Products for which an order was made have become unavailable.
8.1 Sellers may sell vouchers through the Site for the purchase of goods and services from the relevant Seller, or from third parties ( “Vouchers”). The terms and conditions relating to the use, redemption or expiration of a Voucher will be as specified on the relevant listing on the Site, as part of the Voucher’s Seller Terms.
8.2 Once the User has placed an order for a Voucher, the User will receive confirmation of their order by email or via their account and their credit card or any other online payment system account will be charged for the purchase price of the Voucher.
8.3 A Voucher will only be provided upon full payment for that Voucher and can be a physical or electronic voucher, or code, or such other ticket or information which may be used for redemption, whether delivered by email or otherwise.
8.4 The Seller (or other third party), not MyDeal, is the provider of the good(s)/service(s) associated with the Voucher and the Seller (or other third party) is solely responsible for honouring the Voucher. MyDeal has no liability whatsoever to you for any failure to supply, or defect in the supply, of the relevant goods or services which you purchase with the Voucher.
8.5 MyDeal is not liable or responsible for any loss suffered as a result of a Voucher not being received due to an email being blocked by a firewall or spam filter or where the incorrect address (including email address) was furnished. Additionally, MyDeal and/or the Seller are not liable for any lost, damaged or stolen Voucher.
8.6 A Voucher cannot be sold or redeemed for cash or traded and all Vouchers are deemed void after the expiration date that was provided on the Site in relation to the Voucher and will not be honoured by the Seller (or other third party) after the expiration date. Apart from where required by law, expired Vouchers are non-refundable in whole or in part.
9. ORDERING AND DELIVERY
9.1 By ordering Products or Vouchers via the Site, you, the User, agree to purchase the Products and/or Vouchers you have selected:
(a) for the purchase price and all other applicable fees and charges as displayed on the Site or as notified to you by a Seller in accordance with clause 9.9; and
(b) in accordance with this Agreement and the Seller Terms.
9.2 You may place an order via the purchase functionality contained in the Site and may pay for your Products and Vouchers (as ordered) via the payment processing functionality offered by the Site, and using the methods of payment designated by the Site from time to time (which may include, without limitation, credit card, debit card or PayPal).
9.3 When an order is placed for Products or Vouchers, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you the purchase price for the order and associated delivery charges. Where a Seller accepts your order, you will receive confirmation that your order has been accepted by the Seller via email.
9.4 The price of Products and Vouchers on the Site are as set by the individual Sellers and not MyDeal. Prices may change at any time, with or without notice. Except as provided in clause 11, all prices include GST but do not include delivery costs which, if applicable, will be additional.
9.5 Your order will not be processed until payment is received by MyDeal in full for the Products and/or Vouchers you have ordered (including the purchase price, delivery fees, and any other applicable fees and charges). Once received, you agree that the payment will then become the property of MyDeal. We will then remit an amount equal to the payment to the relevant Seller (or Sellers), less any applicable fees and charges of MyDeal, as charged to the Sellers.
9.6 Once you have placed an order for Products and/or Vouchers, you cannot cancel or change your order, unless: (i) MyDeal is required by law, or by agreements with its payment providers (such as PayPal) to permit such cancellation or change; or (ii) a provision of this Agreement expressly permits such cancellation or change; or (iii) the Seller Terms permits such cancellation or change. You agree, however, that the Seller may cancel your order at any time, for any reason whatsoever prior to delivery of the relevant Products or Vouchers to you. Where this occurs, MyDeal will procure that the purchase price for the relevant Products or Vouchers (as purchased by you), and any delivery charges you have paid, will (subject to clause 9.7) be refunded to you in full.
9.7 Apart from where required by law, or by agreements between MyDeal, Sellers and MyDeal’s payment providers (such as PayPal), in circumstances where you place an order with a single Seller for one or more Products or Vouchers, and only some of those Products or Vouchers are supplied (but others are either not supplied or cancelled by the Seller), then the delivery charges will not be refundable. To the maximum extent permitted by law, MyDeal will not be liable to Users for any other loss, such as any additional costs associated with the User purchasing any Products/Vouchers that are not supplied, from another retailer at a higher price.
9.8 The Seller, and not MyDeal, is responsible for the delivery and supply of the Products and Vouchers to you and the Sellers will set their own delivery time frames which will appear in the Seller Terms on the sales listing. If no delivery time frame is stated in the Seller Terms or sales listing, then you may contact the Seller to obtain an estimated delivery date. Any delivery dates specified on the Site are estimated dates only. You acknowledge that these delivery dates may vary and delays in delivery may be unavoidable.
9.9 Sellers utilise their own shipping and distribution networks and may charge different rates for shipping which will appear in the Seller Terms on the relevant listing page or, alternatively, will be separately notified to you by a Seller if:
(a) you request a shipping quote on the Site ( Quote Amount), and the estimated Quote Amount is less than the delivery charges actually payable; or
(b) you place an order via the Site without requesting a shipping quote, but delivery charges are in fact payable in respect of that order.
9.10 If a Seller notifies or updates you of your delivery charges in accordance with clauses 9.9(a) or 9.9(b) and you advise MyDeal that you are unwilling or unable to proceed with an order on the basis of those delivery charges, then MyDeal will cancel the relevant order and refund you the purchase price for that order along with any associated delivery charges that you have already paid.
9.11 The supply of Products and Vouchers are subject to the Seller having available stock.
10.1 MyDeal may issue discount coupons to Users at its sole discretion from time to time (Discount Coupons). The value of a Discount Coupon may be redeemed by you, as a User, at the time you place an order for a Product or Voucher on the Site. You acknowledge and agree that apart from where we specify to the contrary: (i) Discount Coupons are valid for 12 months from the date of issue only; and (ii) the value of a Discount Coupon may only be redeemed once.
10.2 Apart from where required by law, in circumstances where an order for Products/Vouchers is cancelled and a Discount Coupon has been redeemed by a User in relation to that order, the value of the Discount Coupon is not refundable.
11. TITLE AND RISK
11.1 The title and risk in the Products and Vouchers that Users purchase, shall pass to Users upon delivery.
12. INTERNATIONAL SELLERS AND DIRECT IMPORT GOODS
12.1 Where you purchase Products or Vouchers from an overseas based Seller, they may be subject to the GST low value import threshold, whereby Products/Vouchers with a value of less than $1,000 are not subject to GST. More information can be found at border.gov.au. You may be required to lodge a Customs Import Declaration and pay relevant taxes if the cost of Products/Vouchers exceeds the threshold.
12.2 By purchasing Products or Vouchers from overseas based Sellers and importing them into Australia you acknowledge and agree that you will be recorded as the importer of the Products/Vouchers and will be the responsible for paying any taxes where applicable (including GST, duties and other charges) associated with the importation of these goods, as well as, where applicable, compliance with any Australian standards or laws that may apply to the importation of such goods.
13. CHANGE OF MIND RETURNS
13.1 Sellers have their own policies and procedures in relation to change of mind returns. You must review your order carefully before placing it because change of mind returns are given at the sole discretion of each Seller and a Seller may refuse to refund or exchange Products/Vouchers for change of mind or errors a User made in their order.
13.2 If a Seller allows a return, then the User will need to follow the returns process outlined in the Seller Terms, or any other return procedures or processes described by the Seller from time to time.
14. DEFECTIVE GOODS
14.1 All Products/Vouchers sold on the Site come with guarantees that cannot be excluded under the Australian Consumer Law.
14.2 Products/Vouchers that you purchase from the Site may also contain warranty documents on or inside the packaging. Any such warranty is provided by the Seller or manufacturer of the Product/Voucher and is not given by MyDeal. Any warranty given by a Seller or Manufacturer in relation to a Product/Voucher will apply in addition to other rights and remedies you have under the Australian Consumer Law. Some warranty documents provided by Sellers/manufacturers of imported goods may not apply in Australia. You should contact the Seller/manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
15.1 Users agree to defend, indemnify and hold harmless MyDeal, its related bodies corporate and their respective directors, officers, employees and agents from and against all loss, cost, expense, damage, claims, demands, suits, actions or proceedings (including legal costs and expenses) arising out of:
(a) the wrongful use of the Site by the User (or caused or authorized by the User);
(b) breach of this Agreement by the User; or
(c) breach of the Seller Terms for a Product or Voucher.
16. IMPLIED TERMS AND DISCLAIMER
16.1 You acknowledge that MyDeal has not made and will not make any express or implied warranties in relation to the Products or Vouchers or any other goods or services provided under this Agreement, other than those warranties expressly contained in this Agreement. Subject to clause 17 below, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
16.2 Subject to clause 17, you agree that the MyDeal will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Products or Vouchers or the provision of any other goods or services under this Agreement and whether as a result of any breach, default, or negligence by MyDeal.
16.3 Subject to clauses 16.4 and 17, the maximum liability of MyDeal to you for any and all breaches of this Agreement, or for any and all negligence in relation to this Agreement, will be no greater than the purchase price and delivery charges paid by you to MyDeal (which is received on behalf of the Seller) for the relevant Products or Vouchers which you purchase through the Site.
16.4 If the Australian Consumer Law (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of MyDeal is limited, at the option of MyDeal, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
17. IMPLIED OBLIGATIONS WHICH CANNOT BE EXCLUDED
17.1 Any term of this Agreement which limits or excludes any term, condition or warranty, express or implied, or the liability of MyDeal will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
17.2 Notwithstanding clauses 16 and this clause 17, for Australian consumers, the Seller’s Products and Vouchers, and goods and services provided by MyDeal hereunder, come with guarantees that cannot be excluded under the Australian Consumer Law. If you are an Australian consumer, you may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the Products and Vouchers, or MyDeal’s goods and services, repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. For more information about these rights please go to www.accc.gov.au.
18. 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 Users choose to access the Site from outside Australia, Users are responsible for compliance with foreign and local laws.
20. INTELLECTUAL PROPERTY
20.1 Unless expressly authorised under this Agreement or otherwise in writing by MyDeal, Users cannot reproduce, adapt, modify, display, perform, distribute, decompile, disassemble or reverse engineer any material (or part thereof) from the Site (including logos, trademarks, brand features and source code) that is the intellectual property of MyDeal or intellectual property that MyDeal has permission to use.
20.2 Users automatically grant MyDeal an irrevocable and royalty free global license to use, copy, display or distribute the content of any correspondence or communication from Users. This may include (without limitation) public display of testimonials on the Site, reviews of Products or Vouchers posted by Users on the Site or on third party websites, or using ideas or suggestions provided by Users to improve and goods, services, Products or Vouchers which MyDeal offers.
21. SUPPORT SERVICES
21.1 Users acknowledge that MyDeal will be appointed by Sellers to assist them with dealing with User queries generally in relation to Products, Vouchers, the Site, or any other matter relating to this Agreement, or the Seller Terms (the “Support Services”).
22. PROBLEMS WITH YOUR PRODUCTS OR VOUCHERS OR DISPUTES WITH SELLERS
22.1 If you have a problem with your Products or Vouchers, or generally with the conduct of a Seller, then please contact the relevant Seller directly at first instance by submitting a ticket to the Seller via your Account. If the Seller is unable to resolve your problem, you may escalate your complaint and contact MyDeal by following the link in the footer of email correspondence you receive from a Seller and submitting a ticket to the MyDeal support team. MyDeal will use all reasonable endeavours to assist you in resolving your problem (including, without limitation, by liaising with the Seller on your behalf, investigating your issues, advising on the relevant Seller processes and procedures for Product/Voucher returns or refunds, or sending the Products to third parties for assessment or repair (if required)).
22.2 If your Product/Voucher has a valid Seller or manufacturer warranty, you should contact the relevant Seller or manufacturer first in relation to any fault or defect, however, you may still contact us if required.
22.3 Please note that our dispute resolution service is non-binding on Users and Sellers and is a process whereby MyDeal will use its reasonable efforts to help facilitate a resolution between Users and Sellers. MyDeal has no responsibility for: (i) any failure of a Seller to participate in the dispute resolution process; or (ii) a failure to resolve your dispute in a timely manner or to your satisfaction.
23.1 MyDeal may from time to time publish certain rules and procedures in relation to your use of the Site or dealings between Sellers and Users ( “Rules”). You agree to comply with these Rules, including as updated or amended from time to time. If there is any conflict between the Rules and this Agreement, then this Agreement will prevail.
24.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter. 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.
24.2 This Agreement is governed by and in accordance with the laws of the State of Victoria (exclusive of its rules regarding conflicts of laws). The User and MyDeal irrevocably submit to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.
24.3 Users agree and acknowledge that, in the event that there is a change in control in, merger with or sale of MyDeal or its business to a third party, MyDeal can disclose personal information or data collected from Users to the third party without giving any notice to Users. MyDeal is also entitled to assign and novate the benefits of any agreements it has with Users to the third party, without notice to the User.
24.4 MyDeal reserves the right to modify this Agreement from time to time. Such modifications are effective immediately upon the earlier of its publication on the Site, and/or the time that it is first communicated to you. Continued use of the Site, or any of the materials or content contained on the Site, following such publication will be deemed to be conclusive acceptance by you of the modified version of this Agreement.