terms and conditions
The Deals for Locals Website is owned and operated by Simply Marketing Limited. By using this Website You agree to these Terms and Conditions. If You do not agree with them please do not use this Website.
We may end this agreement at any time.
The following words and meanings will be used in the terms and conditions;
Account means the account created and accessible under Your username and password when You first registered as a Member;
Advertiser means any participating seller or business that has agreed with Deals for Locals to make products or services available to You on the Website for a discounted price.
Deal means the product or service being offered by the Advertiser at a discounted price.
Member means any user of the Website who has completed our registration process.
Voucher means the voucher that will be available on the Website for You to print from Your Account to redeem a Deal You have purchased with an Advertiser.
Website means the Deals for Locals website.
You or Your are references to any Member, prospective Member or user of this Website.
We or Us are references to Simply Marketing Limited trading as Deals for Locals
USE OF THE DEALS FOR LOCALS WEBSITE
- To use this Website You must:
- first register on the Website and create an Account;
- when registering not use a false or misleading name or give false or misleading information and shall keep all details provided updated;
- keep Your username and password confidential and secure and not disclose it to any other person. We accept no responsibility for the mis-use of Your username and We are entitled to act on any instruction issued using Your username and/or password;
- not post any content to the Website which is unsolicited advertising, promotional materials unless authorised by Us, false, misleading, objectionable, offensive or defamatory;
- breach any applicable law or regulation;
- engage in any other conduct that We may advise that We consider (in our absolute discretion) to breach the terms or is otherwise inappropriate; and
- be over 18 years old and able to form a legally binding contract.
- The Discussion Board is a function that You can use to ask questions or discuss the Deal. If You post a question or statement on the Discussion Board You agree to take full legal responsibility and liability for Your comments, including for offensive or defamatory statements. We reserve the right to delete any content posted which in our sole discretion is in breach of these Terms and Conditions and/or suspend Your Account and/or terminate Your membership.
- All Deals are offered subject to availability and while stocks last and may be withdrawn at any time prior the stated expiry time.
- All Deals may be subject to change at anytime prior to purchase.
- We will use reasonable efforts to ensure the availability of the Website and any Deals offered on the Website from time to time. However We take no responsibility for any system unavailability or for any loss or damage that is suffered as a result of the Website or Deal being unavailable for any reason.
TERMS OF SALE
- You must log on to the Website using Your registered username and password to be able to purchase a Deal and retrieve any Vouchers You have purchased (or post a question or message on the Discussion Board).
- In purchasing a Deal You acknowledge that the Advertiser (and not Deals for Locals) is the seller or provider of the goods and services to You and that We are only acting as agent of the Advertiser in facilitating the sale and purchase and collecting payment on the Advertiser’s behalf for which We are paid a commission.
- All purchases must be made via a credit card (Visa or Mastercard) or Visa Debit Card. When You purchase a Deal You agree that;
- We are authorised to charge the full amount of that Deal to the Visa or Mastercard You provide. All amounts will be charged in NZ dollars and inclusive of GST
- You are agreeing to the terms and conditions of that particular Deal.
- You have an agreement with the Advertiser to buy the goods and/or services referred to in the Deal.
- You will incur no additional charges for using Your credit card.
REDEMPTION OF VOUCHERS
- Vouchers will be available from Your Account on the Deals for Locals Website and must be printed by You.
- Limit one (1) Voucher per redemption. Only one Voucher can be used at a time when redeeming goods and services from the Advertiser unless otherwise stated in the terms and conditions of the Deal.
- Each Voucher has a unique code and can be redeemed only once.
- Once purchased, Vouchers cannot be changed, cancelled, redeemed for cash or refunded.
- Vouchers must be used in one transaction and if You redeem a Voucher for less than the face value of the Voucher, no change or credit will be given for the shortfall.
- The Advertiser is solely responsible for the supplying the goods and services redemption of Vouchers. If You have a problem with the goods or services provided by the Advertiser or a warranty claim You must contact the Advertiser directly. The Advertiser is liable to You for any damage or loss that may be suffered by You as a result of providing or not providing any good or service purchased on the Website.
- Even though we are not responsible to You if the Advertiser fails to honour your Voucher we will provide You with a refund in the limited circumstances below. To qualify for a refund:
- You must provide us with proof that the Advertiser is no longer in business or has unreasonably refused to honour your Voucher;
- You must have complied with all of the terms and conditions of the Voucher;
- You must have unsuccessfully tried to obtain a refund directly from the Advertiser; and
- To you must notify Us of your claim for a refund before the Voucher Expiry Date.
- It is at the discretion of the Advertiser offering the Voucher as to whether it can be used in conjunction with other offers, deals or promotions.
- If the terms of the Deal don’t exclude it then the Voucher can be used by another person even though it will be Your name on the Voucher.
- Neither Deals for Locals nor the Advertiser are responsible for lost stolen or damaged Vouchers.
- All Vouchers expire on the date specified on the Voucher (Voucher Expiry Date) and become void. No refunds are payable by Deals for Locals or the Advertiser for expired Vouchers.
- Any attempted redemption which is not consistent with these Terms and Conditions will render the Voucher void.
- All Deals are purchased and all Vouchers are issued strictly subject to these Terms and Conditions, any terms and conditions advertised with the Deal and the Advertisers general terms and conditions of trade. If there are any differences between any of the foregoing these Terms and Conditions then those terms and conditions in the following order of priority:
- Advertiser’s general terms and conditions of trade;
- these Terms and Conditions; and
- specific terms and conditions advertised with the Deal these Terms and Conditions.
We own or have express permission to use all intellectual property rights on the Website including the software, content and other material that is used in the Website. Any unauthorised copying or use of Deals for Locals or any Advertiser’s intellectual property may result in civil and/or criminal penalties.
- We will take reasonable steps to ensure that the information displayed on the Website is accurate but do not guarantee that the content will be free from errors or omissions and will not accept liability for any errors or omissions.
- We accept no liability for accuracy or otherwise of any content provided by Advertisers in relation to any Deal, for any content posted by other Members on the Discussion Board or to the content of any other websites linked to the Website.
- Except as required by the Consumer Guarantees Act 1993 or expressly provided by the Advertisers the products or services advertised in the Deals are provided “as is” and neither the Advertiser nor Deals for Locals give any warranties of any kind whether express or implied.
- If You purchase a Deal for the purpose of a business, then the Consumer Guarantees Act 1993 shall not apply.
- To the maximum extent permitted by the law, We are not liable under any circumstances for any direct or indirect loss or damage suffered by You or anyone else (including loss of profits, business, data or any economic loss) from the use of the Website or the Deal or from the use of, or inability to use the Website or any product or service bought via Vouchers on the Website. If We are held liable then the total liability will not exceed the amount actually paid for the Voucher (if any) or $10, whichever is the greater.
- You agree to indemnify Us and keep Us indemnified against any loss, claim or demand (including legal costs and expenses) arising in relation to any breach by You of these Terms and Conditions, Your use of the Website, any act or omission for which You are responsible or any infringement by You of the rights of any other person. This indemnity extends to our Advertisers, related entities, shareholders, directors, officers, employees, agents and representatives
Either party may terminate the agreement created by these Terms and Conditions at any time which results in the automatic termination of Your membership. We further reserve the right to issue a warning, temporarily suspend, indefinitely suspend or terminate Your registration and Account if:
- You breach these Terms and Conditions;
- We are unable to verify or authenticate any information You provide to Us;
- We receive any serious complaint about You from another Member;
- We determine, at our sole discretion, Your conduct or use of the Website to be inappropriate or unacceptable.
Once Your membership has been terminated You may not access the Website, Your Account or any Vouchers You may have purchased or re-register as a member.
- Unless otherwise expressly stated, these Terms and Conditions record the entire agreement between You and Us. No variation will be effective unless posted by Us on the Website, or agreed to by Us in writing.
- We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions if the failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond our control.
- No failure or delay by Us to act in relation to these Terms and Conditions is a waiver by Us of our rights. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
- Any unlawful provision in these Terms and Conditions will be severed and the remaining provisions will remain enforceable.
- These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.