Terms and Conditions - My Family Deals

TERMS & CONDITIONS

These terms and conditions apply to all of our Customers. By applying for a UserID for Our Website, you are agreeing to these terms and conditions.
You warrant that all of the information you provide to us when you apply for a UserID, and when you purchase a Voucher, is true and correct.
You are responsible for any transactions entered into using your UserID. You must choose a password which is confidential and secure, and keep it that way at all times. If your password is no longer confidential and secure, you must change it immediately to one which is. You must not allow another person to log in with or transact under your UserID.
You must not apply for a UserID or purchase a Voucher from Our Website unless you are aged 18 years or over.
You acknowledge and agree to comply with our privacy policy.
You must not:
1. reverse engineer, or attempt to obtain the source code for Our Website;
2. hack into or attempt to gain access to parts of Our Website which you are not authorised access;
3. infect Our Website with any virus or other malicious code;
4. log in to Our Website using a UserID other than one issued to you;
5. obtain a UserID by giving us false details about you.
We sell Vouchers for deals offered by Retailers. However, unlike other websites providing a similar service, we act as an agent for the Retailer. This means that when you offer to purchase a Voucher from us or a particular package, and we accept that offer, we are doing so on behalf of the Retailer and not on our own behalf. If a Retailer fails to honour their agreement with you, or if they go out of business, then you will have no recourse against us.
We are the agent for Retailers only for the purposes of selling Vouchers for Deal provided by Retailers. If you purchase a Voucher, then you do so from the Retailer named on the Voucher, and not from us. We are not responsible for the quality of products and services supplied, or for any failure by a Retailer to supply a product or service for which you have purchased a Voucher. We do not refund payment under any circumstances. If a Retailer fails to supply you with the Deal, or of a Deal of satisfactory quality, then you are responsible to take any action against that Retailer.
Vouchers we issue on behalf of Retailers have expiry dates. If you do not redeem your Deal before the expiry date, then the Voucher will lapse and you will no longer be able to redeem it. You will not be entitled to a refund.
If we notify you or specify on Our Website that there is a limit on the number of Vouchers a Customer may purchase for a particular Deal, then you must not, and you must not direct anyone else to on your behalf, purchase more than that number.
Vouchers are not transferable, and may only be redeemed by the Customer who purchases them. You must not on-sell Vouchers to any other person.
Unless specifically stated otherwise, prices advertised are exclusive of any GST (as defined in the A New Tax System (Goods & Services Tax) Act 1999 (Commonwealth)).
You must pay interest on any amounts you owe to us or a Retailer which are not paid by the due date at a rate 2% higher than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Victoria) as at the date the amount became due.
You hereby indemnify us and our employees, officers, contractors and agents against, and release us and them from, any loss (including reasonable legal costs and expenses) or liability incurred by us and/or them arising from any claim, demand, suit, action or proceeding by any person against us and/or them where such loss or liability arose directly or indirectly from or in connection with your use or access to Our Website, your purchase of a Voucher, or your redeeming a Voucher or accepting the supply of a Deal, unless such liability is directly caused by the negligence or default of the person indemnified.
Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods or services for which you purchase a Voucher are expressly excluded to the full extent permitted by law.
If any condition or warranty is implied into this agreement under the Competition and Consumer Act 2010 (Commonwealth) or any equivalent State or Territory legislation and cannot be excluded, then our liability and the liability of the relevant Retailer is limited to one or more of the following:
1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Nothing in these conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
This agreement is to be governed by and interpreted in accordance with the law of Victoria, which is also the appropriate jurisdiction and forum for any dispute concerning this agreement.
Variation of this agreement is only valid if it is in writing and executed by the parties in the same manner as they executed this agreement.
No right under this agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A waiver by one party of its rights as a result of a breach by the other party under this agreement does not prejudice its rights in respect of any other breach by that other party.
In this agreement:
1. “we”, “our” or “us” means “My Family Deals Pty Ltd” carrying on business in partnership under the name “My Family Deals”;
2. “you” or “your” means a Customer applying for or issued with a UserID;
3. “UserID” means a unique identifying number or name, issued in conjunction with a confidential password, authorising a Customer to access Our Website;
4. “Customer” means someone who has a UserID for Our Website;
5. “Our Website” means myfamilydeals.com.au;
6. “Deal” means deals which we notify you of from time to time, provided by Retailers;
7. “Retailers” means parties on whose behalf we act as agent for the purpose of selling Vouchers to Deals;
8. “Vouchers” are documents we issue with a unique identifying number which a Customer may redeem with a Retailer to obtain a Deal.