WEBSITE TERMS AND CONDITIONS
1. Customer Agreement
1.1 By visiting and/or using the www.dealme.com.au website (the "website"), you agree to be bound by these terms and conditions.
1.2 Acceptance of these terms and conditions constitutes an agreement which creates a legally binding contract between you and Dealme Pty Ltd (A.C.N. 146 264 913).
1.3 The expressions "DealMe", "us", "our", "we", means Dealme Pty Ltd. The expressions "you", "user", "member" and "visitor" means anyone who visits the website or transacts business on the website.
1.4 If you do not agree to any of these terms and conditions, you must not use the website.
1.5 You agree to use the website solely for your own private, personal use and you warrant that you are not using the website or purchasing any of the goods or services from the website for a commercial purpose.
1.6 We reserve the right to make changes to the website and to these terms and conditions from time to time at our sole discretion. By continuing to use the website after we make any changes to it or to the terms and conditions, you agree to be bound by all of the changes we make.
1.7 We are not obliged to notify you prior to any changes we make to the website or to our terms and conditions. It is your responsibility to check our terms and conditions from time to time to acquaint yourself with them.
2. Registration
2.1 In order for you to buy vouchers from the website, you will need to register as a member of DealMe and activate an account.
2.2 In order to activate a DealMe account, you must provide us with some personal information such as your name and address, and a valid email address. When you give us that information, you warrant that it is up to date, accurate and complete information and you agree to update your account for any changes to the information you have given to us as soon as practicable after that information changes.
2.3 You are solely responsible for the activity that occurs on your account, and you will be solely responsible to keep your password secure. DealMe does not accept any responsibility for purchases made on your DealMe account by the unauthorised use of your password or your DealMe account.
2.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately and you agree that you will be responsible to immediately change your password to protect your account.
3. Legal Capacity
3.1 By making a purchase on DealMe, you also warrant that you are:
(a) over eighteen (18) years of age, and
(b) acknowledge that you are entering into a legally binding contract with us for the goods or services you purchase.
3.2 If we suffer any economic or reputational loss or damage as a result of a transaction entered into on your DealMe account by a minor, we reserve the right to seek compensation for our losses from the parents (or guardians) of the minor who used the website, to the fullest extent permitted by law.
4. Supply of Goods or Services to You and Termination
4.1 We aim to provide a positive experience for our members. However, we cannot and do not warrant or guarantee that you will be able to access or use the website at all times without any delays or interruptions and you acknowledge that sometimes - as a result of factors which may be out of our control - the website may not function properly, or at all. In all such cases, we will do everything reasonable to ensure that the website is functioning properly with a minimum of inconvenience caused to our members.
4.2 In cases where we believe on genuine grounds that the website is being used by you inappropriately (such as for commercial use), we may temporarily or permanently stop access to the website to you without prior notice. If we do so, you release us from any liability, including in relation to any liability you may have to any third party.
5. Disclaimer
5.1 DealMe searches for amazing deals with reputable suppliers. We search for suppliers of goods or services with care and skill. However, as we do not supply the goods or services to you directly, we do not have direct control over the quality of those goods or services. As a result, we do not warrant that those goods or services will be provided to you with any particular standard of quality and you acknowledge and agree that by purchasing a voucher from DealMe, we are not liable to you if you are not satisfied in any way with the goods or services supplied by a provider. To the extent permitted by law, we exclude all liability to you (or to anyone else who may use the goods or services purchased from DealMe) for any loss or damage of any kind (however caused or arising) relating in any way to your use of the website or to the provision of the good or service by the provider including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to, and use of, the website or from your use of any good or service;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from our website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
(g) the merchantability or fitness for any purpose of any service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any good or service advertised or offered by any third party through the website or through any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods or services.
5.2 The good or service that a service provider provides to you is subject to consumer guarantees under the Australian Consumer Law. The service provider must honour those consumer guarantees.
5.3 The service that we provide to you by supplying a voucher is subject to consumer guarantees that relate to that voucher service. We must honour those consumer guarantees but are not responsible for breaches of consumer guarantees by a service provider.
5.4 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of any fraudulent or unauthorised web address. The only authorised access point is "http://www.dealme.com.au".
5.5 Where any law other than the Australian Consumer Law implies a warranty into this agreement which may not be lawfully excluded then to the extent permitted by law, our liability for the breach of any such warranty will, at our option be limited to:
(i) the resupply of goods or services, or
(ii) the payment of the cost of resupply of goods or services.
5.6 Our liability for the breach of a consumer guarantee under the Australian Consumer Law will be governed by that Law.
6. Use of the Website by You
6.1 You agree to use the website only for purposes that are permitted by:
(a) this agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
6.2 You may not use another member's account without permission.
6.3 You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
6.4 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.5 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.6 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Orders
7.1 Any good or service displayed on the website does not constitute an offer to sell. It is an invitation to treat. When you purchase a voucher, this is treated as an offer by you to the supplier/provider of the good or service. Your offer is accepted either by the supplier making arrangements for the provision of the good or service to you, or by the actual provision of the good or service to you and the contract for the provision of the good or service is between you and the supplier. Your contract with us is to pay us for the voucher you purchase for the good or service.
7.2 DealMe bases the promotional material on the website solely on information provided by the provider/supplier to us.
7.3 Both DealMe and the provider/supplier reserve the right to accept or reject your offer for any reason (or for no reason) including, without limitation:
(a) the unavailability of any good or service;
(b) an error in the price or description or any good or service; or
(c) an error in your order.
7.4 In the event that we cancel your order in accordance with clause 7.3, we will provide a full refund of any payments received from you.
8. Payments
8.1 All payments for the purchase of vouchers must be received by us from you in full before the voucher for the good or service will be supplied to you.
8.2 If your payment is not received in full or if it is declined by your bank or credit card issuer for any reason whatsoever, we will not issue your voucher.
9 Voucher Redemption
9.1 DealMe provides you with a voucher. It is your responsibility to present the physical voucher to the relevant service provider to the provider/supplier.
9.2 The provider/supplier of the good or service to which a voucher relates is the service/goods provider, not DealMe. DealMe makes no warranty about the standard or quality of any good or service supplied by a provider/supplier. See Clause 5 of this agreement.
9.3 Please be careful with your vouchers and the codes displayed on them. Anyone you provide these codes to can redeem your voucher and once redeemed, they cannot be used again. DealMe does not accept any responsibility whatsoever for the redemption of your voucher by another person, whether with your permission or otherwise.
9.4 If you provide voucher codes to a business at the time of reservation and you don’t honor that reservation time, you acknowledge and agree that the provider/supplier may, at its discretion, consider the voucher redeemed or cancel the voucher. In such a case, DealMe is not liable to you for a refund of the cost of the voucher and is not responsible for any direct or consequential losses you may suffer as a result of a voucher being redeemed or cancelled because you do not honour an appointment with a provider/supplier.
9.5 DealMe vouchers cannot be transferred or resold.
10. Changing your mind and refunds
10.1 Please choose carefully when purchasing a voucher because we do not normally give refunds if you simply change your mind or if you make a wrong decision. If you have any problems using your voucher at a business please contact support@dealme.com.au. It is the responsibility of the provider/supplier whether they issue a refund for a good or service.
10.2 Vouchers must be used within 12 months of issue, unless we advise otherwise when the good or service is advertised on the website.
11 Indemnity
You will at all times indemnify and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms and conditions.
12. Privacy Policy
12.1 DealMe collects user’s personal information for the purpose of registering purchases and for processing payments for vouchers.
12.2 DealMe collects a user’s personal information and may use that information for future promotional and/or marketing purposes.
12.3 DealMe will not share your personal information with businesses not associated with the voucher you purchase, unless you give us permission to share your information. In the event that your correct and accurate personal information is not provided by you, a deal may not be processed.
12.4 Your personal information will also be used by DealMe to contact you to confirm payment has been processed, for us to receive feedback and for us to contact you concerning the operation of the DealMe service.
12.5 Except as outlined above, DealMe will not disclose your personal information to any other third parties, unless we are required by law to do so or to protect the interests of DealMe. You have the right to access and correct any personal information held by DealMe, at any time.
12.6 You should click on our "Privacy Statement" link in order to view the full terms of DealMe’s Privacy Statement
13 Email Policy
13.1 You acknowledge that when you register to use this website, you are happy to receive emails from DealMe and for receiving information on deals via the DealMe Newsletter and other forms of communication from DealMe.
14 Trade Marks
14.1 The trade marks and logos displayed on the website (collectively the "Trade Marks") are trade marks of DealMe and the providers/suppliers, respectively.
14.2 The businesses promoted on the website provide their own intellectual property from time to time for use on the website and those businesses own the exclusive copyright to display that intellectual property.
14.3 Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trade Marks displayed on the website without the prior express written permission of DealMe or such other third party owner.
14.4 You must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material.
14.5 The use of copyright material and/or Trade Marks by you, or anyone authorised by you, is strictly prohibited unless express permission is provided by us in writing. Any unauthorised use of the Trade Marks may result in civil and criminal legislation.
15 Applicable Law
15.1 This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
15.2 If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions of this Agreement.
16 Waiver
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.




