Terms and Conditions
Please read these Terms and Conditions (“Terms”) carefully before using www.Dealsworthy.com.au (the “Site”). These Terms govern your use of the Site, and are a legally enforceable contract between Dealsworthy.com.au (“Dealsworthy”, “We” or “Us”) and you.
By using the Site and any emails or communications received from Dealsworthy.com.au (collectively called the “Services”), you consent and agree to these terms and conditions. If you don’t agree with these Terms, please do not use the Site.
We may make changes to these Terms at any time by posting them to the Site. Any changes will be effective at the time of posting. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarise yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, editors, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
Description of Services
We make various services available on this Site including, but not limited to, displaying user generated content as well as our own content pertaining to deals, coupons, vouchers, specials, discounts, free samples, price comparison, competitions, product reviews, promotional offers and any other content of general interest., and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms.
Your Content
You may submit content, including photos, links, and other materials on the Site, including Offers. Anything that you post or otherwise make available on the Site is referred to as “User Content.” When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.
Aside from the limited license described below, you retain all rights in the User Content. You grant Dealsworthy, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Site, any other Dealsworthy websites and applications, and on third party sites (e.g., under our account with a social networking site). Nothing in these Terms shall restrict other legal rights Dealsworthy may have to User Content. We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
We do not guarantee how quickly your User Content will appear on the Site or how and where it will appear. We reserve the exclusive right to describe, categorise and place Offers in our sole discretion, without any compensation, attribution or accounting to you.
You are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information —– that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgement, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
See Copyright Statement for the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You agree that we may at any time, and at our sole discretion, terminate your affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Any User Content is in accord with these Terms and our Privacy Policy.
We value hearing from you, and are always interested in learning about ways we can improve the Site. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.
Copyright
Dealsworthy and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, (“Content”) of the Services are copyright © 2018 by Dealsworthy. Unless otherwise explicitly stated by Dealsworthy, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of Dealsworthy.
Claims of Copyright Infringement
If you believe that this Site contains material which infringes upon your copyrighted work, please see our Copyright Statement for the procedures to be followed.
Third Party or External Sites
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These external sites may contain information or material that some people may find inappropriate or offensive. These external sites and third parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them.
Disclaimer of Warranties
Dealsworthy makes no representations or warranties as to the accuracy of the Content on this Site. Dealsworthy is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Dealsworthy of the error or omission; however, Dealsworthy does not warrant that such error or omission will be corrected.
All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that Dealsworthy has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.
You agree to indemnify, defend, and hold harmless Dealsworthy and any of its officers, editors, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms. Dealsworthy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Dealsworthy.
Dealsworthy shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Dealsworthy does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Dealsworthy make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an “as is, as available” basis. DEALSWORTHY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Dealsworthy shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.
Limitation of Liability
In no event shall We or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Furthermore, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Indemnification
Upon a request by Dealsworthy, you agree to defend, indemnify, and hold Us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Accessing The Site
1. You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
2. The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
3. Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
4. We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterising the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the situations required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Participation in Promotions / Sponsored Posts
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Children
Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Termination of Access / Removal of Content
We shall have the right in our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside of Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Modifications
Dealsworthy may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. Dealsworthy reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms from time to time to ensure that you are aware of any changes.
If you have any questions about our Terms and Conditions, please do not hesitate to contact us.
Last updated: 01/03/2018
