TERMS & CONDITIONS OF USE
MYDEAL.COM.AU (THE “SITE”) IS AN INTERACTIVE ONLINE PLATFORM SERVICE OWNED AND OPERATED BY E-COM (AUS) PTY LTD, ABN 60 150 104 715 (“MYDEAL”). PLEASE READ THE FOLLOWING TERMS & CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE USING THE SITE. THE SITE PROVIDES GOODS OR SERVICES (“PRODUCTS”) FOR SALE BY EITHER MYDEAL OR THIRD PARTY MERCHANTS (“MERCHANTS”) TO THE REGISTERED MEMBERS (“USERS”) OF THE SITE LOCATED AT MYDEAL.COM.AU. A REFERENCE TO A PRODUCT INCLUDES A REDEMPTION OFFER, THAT IS VOUCHER OFFER.
BY ACCESSING OR USING THE SITE, USERS AGREE TO BE BOUND BY AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THE FOLLOWING TERMS & CONDITIONS.
1. USER REPRESENTATIONS: Users represent and warrant that: (a) they are at least 18 years of age; (b) they possess the legal right and ability to enter into a legally binding agreement with MyDeal with respect to any Product purchased on the Site; and (c) will use the Site in accordance with these Terms & Conditions.
2. USER’S AGREEMENT: Users agree: (a) this Agreement is formed between MyDeal and the User; (b)not to use the Site if the User does not agree with any Terms & Conditions of this Agreement; (c) to maintain all equipment required for their access to and use of the Site; (d) to maintain the security of their user identification, password and other confidential information relating to their MyDeal account (“Account”); (e) to be responsible for all consequences resulting from use of their Account, use of their Account by others (including minors) or unauthorised use; (e) to notify MyDeal immediately if Users become aware of any unauthorised use of their Account; and (f) 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 & 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 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 & Conditions 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 & Conditions.
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 (including via the MyDeal newsletter). Emails are essential for confirmation and reservations will not be sent unless Users consent to receiving such email.
(a) Information about the Products on the Site is based on material furnished by suppliers, product manufacturers and/or Merchants. Users understand and 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 specifications without notice to MyDeal.
(b) Users agree to make their own enquiries to assess information provided and suitability of the Products before an order is placed.
(c) Product images on the Site are for illustration purposes only and the actual Products may vary.
(d) All Products offered on the Site are subject to these Terms & Conditions of Use and also to terms, conditions, rules and/or limitations (“Specific Terms”). MyDeal will use its reasonable endeavour to include the Specific Terms on the Site (including in relation to Products supplied by Merchants). To the extent there is any inconsistency between these Terms & Conditions of Use and the Specific Terms, the Specific Terms will prevail. Users acknowledge that by placing an order they agree they are responsible to inform themselves of the Specific Terms and to be legally bound by the Specific Terms of the Product.
(e) MyDeal reserves the right to change, suspend or remove any Product offer or other information from the Site at any time.
(f) MyDeal reserves the right to advise Users that Products for which an order was made have become unavailable.
(a) MyDeal, through the Site, also markets Products (including Vouchers) on behalf of Merchants. In that instance, the Merchant, as the provider of the Products, shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of the User, caused in whole or in part by the Merchant or its good(s) or service(s).
(b) All Products supplied by Merchants are subject to availability. MyDeal cannot guarantee that goods/services will be available to Users at their preferred date and time.
(c) Users agree to be legally bound to the Merchant terms, conditions, rules and/or limitations.
(d) Users agree that the Merchant may cancel or postpone any service booking made. Where a cancellation is made by the User, the Merchant may charge a cancellation fee.
(a) 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 will be charged for the purchase price of the Voucher.
(b) A Voucher will only be provided upon full payment for that Voucher.
(c) A Voucher can be a physical or electronic voucher, or code, or other such ticket or information which may be used for redemption, whether delivered by email or otherwise.
(d) The Merchant, not MyDeal, is the provider of the good(s)/service(s) associated with the Voucher and the Merchant is solely responsible for honouring the offer.
(e) 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 operating on the User’s computer or where the incorrect address (including email address) was furnished.
(f) MyDeal and/or the Merchant are not liable for lost, damaged or stolen Voucher.
(g) A Voucher cannot be sold or redeemed for cash or traded.
(h) All Vouchers are deemed void after the expiration date that was provided on the Site in relation to the offer and will not be honoured by MyDeal or the Merchant. Expired Vouchers are non-refundable in whole or in part.
11. PRICING & PAYMENT: (a) all prices of Products are in Australian dollars and include GST where applicable; (b) all prices listed on the Site exclude delivery costs. Delivery costs, if applicable, will be charged separately on an order; (c) all prices displayed on the Site are subject to change without notice; and (d) all payments will be processed upon the completion of the User’s order and must be received in full prior to dispatch of Products or provision of Vouchers.
12. PLACING ORDERS:
(a) For the avoidance of doubt, the promotion and/or publication of Products on the Site or within any email correspondence that Users receive from MyDeal does not constitute an offer from MyDeal to sell to Users the Products. The promotion and/or publication of Products on the Site or within any email correspondence that Users receive from MyDeal are an invitation to treat only.
(b) By placing an order for a Product on the Site, Users are making an offer and commitment to purchase a Product on the Product Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
(c) MyDeal reserves the right to accept or reject an offer to purchase a Product for any reason (or no reason) at any time prior to the dispatch of the Products. In the event MyDeal cancels an order to purchase a Product or is unable to fulfill the order, MyDeal will refund the payment received for that order by way of charge-back to the User’s credit card. 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 the Product from another retailer at a higher price.
(d) Once the User has made an order to purchase a Product on the Site, the User cannot cancel or change that order.
13. DELIVERY & SHIPPING:
(a) MyDeal uses its best endeavours to ensure all Products are delivered within the stated timeframes for delivery. However, MyDeal cannot provide guarantee that these timeframes will be met without any delay due to (i) factors beyond its control; and (ii) for Products provided by Merchants, Merchants are ultimately responsible for their delivery timeframes.
(b) Deliveries undertaken on behalf of MyDeal will be done during local business hours (9am - 5pm, Monday to Friday) and Products will not be delivered to PO Box addresses.
(c) No personal pick up from MyDeal warehouse is allowed irrespective of circumstances.
(d) MyDeal is not responsible for the delivery times of Products. Once the Products have been dispatched, Users will need to liaise with the courier in relation to the date and time of delivery.
14. TITLE AND RISK: The title and risk in Products that Users order pass to Users upon delivery.
15. CHANGE OF MIND RETURNS:
(a) We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit less any restocking and/or delivery fees on a case-by-case basis, provided that the item in question is:
If we allow a return in these circumstances, we will ask you to follow our returns process. Please note any returns received without approval will be rejected.
(b) We will provide you with a store credit only when the returned product is received. You are responsible for the return shipping costs of your order. Change of mind returns are not accepted for personalized items, clearance sale items, refurbished items or items which cannot be resold due to health or hygiene reasons (including but not limited to unwrapped earrings/body piercing jewellery, underwear, hosiery, socks, swimwear, adult toys, mattresses, pillows and bedding). Under no circumstances can we accept change of mind returns for digital access codes or downloadable software.
(c) A 20% re-stocking and returns handling fee will apply to returns accepted under this clause. The restocking fee will be deducted from the final credit amount; the outward postage cost cannot be refunded for change of mind returns. Some of our products are offered with free delivery, please be aware that if you return one of these free-delivery products our actual delivery cost will be deducted from your refund.
16. DEFECTIVE GOODS
(a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) In order to make a claim please email firstname.lastname@example.org and supply proof of purchase (e.g. receipt or order number), describe in accurate detail the problems you have encountered and provide evidence (eg. a photograph or video) to support your claim. Please also state whether you are requesting a replacement, repair, refund or credit. Where the Customer Service Team has determined that, on the facts you have provided, a claim may be granted, we will ask you to follow our returns process.
(c) Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by MyDeal, any rights you may have in relation to those warranties are separate to any warranty rights given to you by MyDeal. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the 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.
(d) Before signing for a parcel MyDeal recommends opening and inspecting the parcel to ensure all the items are in good condition. In case of breakage please contact MyDeal immediately. Please email MyDeal a photo of the damaged item and the corresponding order number so that a claim can be lodged with the delivery service.
17. PROCESS FOR RETURNS AND REFUNDS
(a) When seeking a return on a product, please contact us via email@example.com . Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply. We will not accept the return of a product without approval from our Customer Service Team. The product must be returned within 30 Calendar Days from the approved date.
(b) Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
(c) Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
(d) We aim to process refunds and replacements within 28 days of receipt by us of the original product; however, depending on your item and the number of returns in our system, this may take longer.
18. 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, demand, suit, action or proceeding (including legal costs and expenses) arising out of the use of this Site and/or breach of this Agreement and/or Product Specific Terms (including a Merchant’s standard terms and conditions) by the User.
19. LIMITATION OF LIABILITY:
(a) To the maximum extent permitted by law (including the Australian Consumer Law), MyDeal does not give any guarantee or warranty or make any representation of any kind relating to the Site, its contents and the Products advertised on the Site to Users or anyone else.
(b) To the maximum extent permitted by law (including the Australian Consumer Law), MyDeal excludes all liability to Users or anyone else for loss or damage of any kind (including consequential loss) relating but not limited to disruptions to the Site; errors/mistakes/inaccuracies on the Site; unauthorised access of MyDeal secure servers and/or personal information and/or payment details; and damage to any computer system due to the use of the Site.
(c) MyDeal liability will be limited to claims that cannot be excluded or restricted under any law (including Australian Consumer Law).
20. 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.
PRIVACY: Where personal information is provided to MyDeal, the Privacy
Policy of MyDeal will govern how MyDeal uses or discloses that information.
22. INTELLECTUAL PROPERTY:
(a) Unless expressly authorised under this Agreement or otherwise, 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.
(b) 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 public display of testimonials on the Site or using ideas or suggestions provided by Users to improve Products/Services MyDeal offer.
(a) 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.
(b) MyDeal headquarters are in Victoria, Australia. Legal issues arising out of, but not exclusive to the use of, this Site or any related sites (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.
(c) No MyDeal employee or agent has the authority to vary any of the Terms & Conditions of this Agreement.
(d) 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 the benefits of any agreements it has with Users to the third party.
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