2 What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Sellers”) can list offers for Vouchers, deals, goods, travel, services and other products (collectively, “Items”). As a platform provider, we help facilitate transactions for Items on our platform. We provide a venue for Sellers and you to negotiate and complete transactions. We may also be a Seller. This means that in addition to this Agreement, you may have other contractual relationships with different legal entities when you interact with the Site.
3 What are all of the legal relationships? Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. This means that your contract of sale may be with another Discount Directory Group company or entity. The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Items when you redeem your Voucher with that business (the “Merchant”). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant.
4 What we also do: We may provide a forum to submit or post User Content, as well as send SMS text messages, newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.
5 Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our text messages, app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
6 Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
7 Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 13.
REGISTERING WITH US AND YOUR ACCOUNT
Why Register? Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any Discount Directory credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.
2 How to Register: To Register you need to supply us with your name, postcode, mobile number, email address, and possibly some other personal information.
3 Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4 Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
5 SMS & Emails: Discount Directory may send you administrative and promotional SMS texts and emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by replying with the optout code or by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
- User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content
- Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
- Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Discount Directory does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.
- Use of User Content: Discount Directory has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. Discount Directory further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Discount Directory, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Discount Directory has the right to remove any material from the Site in its sole and absolute discretion. Discount Directory assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Discount Directory has no obligation to use your User Content and may not use it at all.
- Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. Discount Directory makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
- Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of Discount Directory’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. Discount Directory is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
- Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Discount Directory. Other users may post User Content that is inaccurate, misleading or deceptive. Discount Directory does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Discount Directory . Discount Directory does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
- Grant: Some User Content you submit to Discount Directory may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Discount Directory and the Discount Directory Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Discount Directory shall have no obligation to use your personal information in connection with any User Content.
- License: As between you and Discount Directory you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Discount Directory and the Discount Directory Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Discount Directory and the Discount Directory Group’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
- Copyright Policy and Procedure: Discount Directory reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to Discount Directory’s attention, you must provide Discount Directory’s Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for Discount Directory’s Copyright Agent for notice of claims of copyright infringement is: support@Discount Directory.com.au
- Unsolicited Ideas: We do not accept or consider, directly or through any Discount Directory or Discount Directory Group employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Discount Directory has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
- Discount Directory will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
- The standards we operate under: Discount Directory always tries its best at what it does and promises that:
- we will exercise reasonable care and skill in performing any obligation under this Agreement;
- and we will not contravene the requirements of professional diligence in what we do.
- What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by Discount Directory itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages. 4.4 Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:
- loss of income or revenue;
- loss of actual or anticipated profits;
- loss of business; or
- indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
- Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
- Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.
- Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:
- to upload, send or receive any material, including User Content, which is not civil or tasteful;
- to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
- to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
- Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- resell the Services or Site;
- furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
- access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
- execute any form of network monitoring which will intercept data not intended for you;
- send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- send malicious email, including flooding a user or site with very large or numerous emails;
- enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
- use in an unauthorized manner, or forge, mail header information;
- engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
- copy or use any User Content for any commercial purposes.
- Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
- Termination If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part). If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement. 22. Compliance Discount Directory shall fully co-operate with any law enforcement authorities or court order requesting or directing Discount Directory to disclose the identity or locate anyone in breach of this Agreement. Without limitation to anything else in this agreement, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
- you commit any breach of this Agreement;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- DATA PROTECTION 8.1 Please see our Privacy Statement which forms part of this Agreement.
- ADVERTISEMENTS 9.1 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.
- LINKS TO AND FROM OTHER SITES 10.1 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.
- GENERAL Interpretation: 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”.
- 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.
- 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.
- 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.
- 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.
27 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.
- No Third party rights: All provisions of this Agreement apply equally to and are for the benefit of the Discount Directory Group 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.
- Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Australian law.