These Terms apply to any business applying to 'Add a Voucher' to the www.vouchersavings.com.au website.
Vouchersavings.com.au is a service provided by Find It Locally Pty Ltd (ABN56 115 245 111), a company incorporated under the laws of Victoria with its registered office at 50 Head Road, Wandin East, Victoria 3139
- 'Voucher' means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the "Voucher Holder") to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the "Redemption Period")
-'The Merchant'offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on the Voucher
- 'The Merchant' is a third party unrelated to www.vouchersavings.com.au that sells, supplies and/or provides the Merchant Offering. www.vouchersavings.com.au does not sell, supply and/or provide the Merchant Offering. It only supplies access to the Voucher.
- 'The Merchant' may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering
The Merchant subscribes to the www.vouchersavings.com.au website for a period of 12 months and can offer their voucher during this period. The Merchant may cancel their subscription or renew it for a further 12 months after the expired date. A reoccuring renewing service is activated when subscribing, The Merchant can cancel this reoccurng renewing service anytime.
2.Subscribing to the www.vouchersavings.com.au - Add a Voucher service
Subscribing to the www.vouchersavings.com.au - Add a Voucher service You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
Any attempt to produce a Voucher contrary to these Terms of Conditions may render a Voucher void at www.vouchersavings.com.au 's discretion.
You have subscribed for a 12 month period and will be offered an automated renewal to continue with your subscription one month prior to the expired date of your subscription. Should payment not be confirmed by the due date access to this service will be blocked and your voucher will be hidden and removed within 30 days.
3. Responsibility for the Merchant Offering
Please note that the Merchant, and not www.vouchersavings.com.au , is:
- the seller, supplier and/or provider of the Merchant Offering;
- the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
- solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself
Under no circumstances is www.vouchersavings.com.au acting as the agent of the Merchant.
4. www.vouchersavings.com.au 's Site
www.vouchersavings.com.au 's Site (the "Site") means the Internet website, mobile applications, electronic communications or services, or any location at which you can join and either add a Voucher or download a Voucher. The Site on which www.vouchersavings.com.au markets the Vouchers is owned by Find It Locally Pty Ltd.
5.Redemption of a Voucher
Unless expressly stated otherwise:
the Voucher can only be redeemed once unless stated otherwise on the voucher;
the Voucher can only be redeemed with the Merchant and not with www.vouchersavings.com.au ;
you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant
In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore.
Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. Www.vouchersavings.com.au cannot influence the supply and/or provision of the Merchant Offering.
6. Conditions relating to Amending or Changing the Voucher offer:
- Downloaded vouchers are automatically recorded and both Voucher Holder and Merchant will have access to revise a recording of this transaction. The Voucher must be honoured for the Valid Period even if the voucher has been changed on the website offering a new deal.
If you breach these Terms and Conditions and www.vouchersavings.com.au takes no action against you this does not mean that www.vouchersavings.com.au has waived its rights and remedies with regard to your breach. www.vouchersavings.com.au may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.
If any provision of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision. Www.vouchersavings.com.au Terms of Sale.
These Terms and Conditions are governed and interpreted by the laws of Victoria, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Victoria.
8. DATA PROTECTION
Please see our Privacy Statement
which forms part of this Agreement.
Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognize a unique "cookie" on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Statement.
10. LINKS TO AND FROM OTHER SITES
Where the Site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.
11. INTELLECTUAL PROPERTY RIGHTS
www.vouchersavings.com.au grants you a limited, personal, non-transferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by www.vouchersavings.com.au. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Www.vouchersavings.com.au Group or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
"www.vouchersavings.com.au ", the www.vouchersavings.com.au logos and variations thereof found on the Site are trademarks owned by the www.vouchersavings.com.au the 'Find It Locally' Pty Ltd Groups and all use of these marks inures to the benefit of the Group. Other marks on the site not owned by the www.vouchersavings.com.au may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of www.vouchersavings.com.au unless otherwise stated, or may be the property of their respective owners. You may not use the www.vouchersavings.com.au names, logos, trademarks or brands without the www.vouchersavings.com.au express permission.
Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.
Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you, for the purpose of operating the Site and providing the Services.
In this Agreement:
words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
section headings such as ("12. GENERAL" at the start of this section) and section titles (such as "Interpretation:" at the start of this section 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
12.2. No partnership/agency:
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
12.3. No other terms:
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law. 12.4. Assignment:
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
12.5. Events beyond our reasonable control:
We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
12.6. No waiver:
No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement. 12.7. Notices:
Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
12.8. No Third party rights:
All provisions of this Agreement apply equally to and are for the benefit of the www.vouchersavings.com.au and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement.
In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
12.11. Governing law:
This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Australian law.
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean: "Account
" means your www.vouchersavings.com.au Account.
" means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.
" means a Seller of Products for which a Voucher can be redeemed. A Merchant is NOT any of the Sellers or Www.vouchersavings.com.au Australia.
" means to create an Account on the Site, and "Registration" means the action of creating an Account. 12
" means all or any of the services provided by Www.vouchersavings.com.au Australia via the Site (or via other electronic - or other - communication from Www.vouchersavings.com.au Australia) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase). "Voucher
" means a voucher which is sold by the Sellers and can be exchanged for Products from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Site from which the Voucher was purchased.
" means goods and/or services which are described as part of a Voucher (and for which a Voucher can be redeemed).