Terms & Conditions
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms and Conditions (‘Terms and Conditions’) between you (‘You’, ‘Your’, ‘User’, ‘Member’, ‘Buyer’) and Treats4us Pty Ltd (ABN: 81 145 124 125) of 165 Cremorne Street, Cremorne, Victoria 3121, Australia (referred to as the ‘Company,’ ‘We,’ ‘Our’ ‘Us’) with respect to your use of this web site at Treats4us.com (‘Site’). The Company operates this Site as an online marketplace whereby local retailers and merchants can market promotional discount offerings of their products and services to you and others (the ‘Treats4us Service’). The Site contains, among other things, text, surveys, audio-visual works, communications, content, information, communications, postings, editorial, samples, materials, products, services, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the ‘Content’).
By accessing, using or downloading any Content from this Site or otherwise using the Treats4us Service, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site, use or download Content from this Site or otherwise use the Treats4us Service. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
1. Description of Treats4us Service: The Treats4us Service allows you to make a bid to purchase coupons (‘Coupons’) from featured merchants (‘Merchants’) on the Site offering discounted products and services (the ‘Promotional Offer’). The Merchant's Promotional Offer may contain conditions required for the transaction to be effective including, requirements for a minimum number of consumer purchases by a specified time as well as other restrictions stated in the Promotional Offer (the ‘Conditions’). By submitting a bid, you are committing to purchase the Coupons on the terms specified and that such commitment is not cancellable by you unless the Conditions are not met; in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. Your credit card will be automatically charged for the stated price on the Promotional Offer once you place your order. If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void and a full refund has been provided to your credit card. Coupons will be sent to you electronically with a specific Coupon Number and a PIN which must be printed and presented to the Merchant for redemption. Once a Coupon is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid.
2. Terms of Coupons:
(a) Your purchase of a Coupon from Treats4us may be subject to specific terms and conditions, rules or limitations. By purchasing a Coupon from the Site, you agree that all Coupon specific terms and conditions will be legally binding on you in connection with that particular Coupon.
(b) Coupons are not redeemable for cash.
(c) Treats4us is not responsible or liable for your lost or stolen Coupons.
(d) Coupons must be redeemed within the Coupon Validity Period, printed on the Coupon. All Coupons are deemed void after the published expiration date and will not be honored by Treats4us or the Merchant. Expired Coupons are non-refundable in whole or in part.
(e) Coupons must not be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes
(f) Only the person whose name is printed on the Coupon can redeem the Coupon.
3. Redemption of Coupons: You may redeem a Coupon issued by Treats4us with the relevant Merchant in order to receive the product or service that is the subject of the associated Promotional Offer. The relevant Merchant, not Treats4us, is the provider of the product or service and is solely responsible for honouring the Promotional Offer that is the subject of the Coupon you have purchased.
4. Returns: All returns of redeemed products and services shall be conducted through the Merchant.
(a) Treats4us Coupons are, to the extent permissible at law, non-refundable and cannot be exchanged or redeemed for cash because you have:
(I). changed your mind or are unable to use the Treats4us Coupon
(II). the Treats4us Coupon has been lost or stolen;
(b) If you placed an order to purchase a Coupon, and if the specified minimum quantity of the Promotional Offer is not reached, Treats4us will refund the full purchase price to your credit card.
(c) Treats4us will refund the purchase price or exchange the Treats4us Coupon where Treats4us has made a mistake; for example, the Treats4us Coupon we issued is not for Promotional Offer that you purchased.
(d) If you are unable to redeem a Coupon because the Merchant is no longer in business or ceases to offer the products or services described in the Coupon, Treats4us will provide a full refund if you request such a refund during the Coupon Validity Period.
(c) Except to the extent required by law in respect of Treats4us's supply under this agreement, Treats4us accepts no liability for issue of refunds in relation to the goods or services supplied or to be supplied by a Merchant in accordance with a Treats4us Coupon. Where Treats4us is liable, its liability shall be limited to the provision of the minimum remedies required at law.
(d) TREATS4US IS COMMITTED TO HELPING ENSURE THAT YOUR EXPERIENCE WITH US IS A POSITIVE ONE. YOU MAY BE ENTITLED TO A REFUND IF THE MERCHANT DOESN”T DOESN’T DELIVER SUBJECT TO THIS AGREEMENT. IF YOU HAVE ANY PROBLEMS USING YOUR COUPON WITH ANY MERCHANT, YOU CAN CONTACT US AT support(at)Treats4us.com. TREATS4US WILL ASSESS YOUR PROBLEM, POSSIBLY INTERECT WITH THE MERCHANT REGARDING THE PROBLEM AND MAKE A REFUND DECISION BASED ON THE FACTS OF THE SIUTATION AT ITS SOLE DISCRETION. THE MAXIMUM REFUNDABLE AMOUNT WILL BE LIMITED TO THE VALUE OF THE TREATS4US COUPON.
6. Bookings and Cancellations:
(a) All services promoted on the Site are offered by Merchants subject to availability. Some will require booking in advance. For the redemption of all Coupons, we recommend making bookings at least 2 weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
(b) Bookings for the redemption of services in exchange to the supply of Coupons are made subject to any Merchant policies.
(c) If you cancel your booking you may incur a cancellation fee payable to the Merchant. Short notice cancellations may result in the cancellation of your Treats4us Coupon if the provider is unable to fill your space.
(d) Providers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Treats4us cannot be held liable for such events. Except to the extent permissible at law, Treats4us will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person
7. Liability: Treats4us accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party. Where Treats4us’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the Treats4us Coupon purchased or to such other remedy.
8. Ownership: You acknowledge that all Promotional Offers and Content are owned exclusively by the Company. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
9. License: Company hereby grants you the right to view and use the Treats4us Services in accordance with these Terms and Conditions. You may download and/or print a copy of the Content, specifically confirmation of the purchased Coupon for your redemption (the ‘Permitted Uses’). Unless otherwise stated on the Promotional Offer, Coupons shall not be transferred or resold or will be deemed void. You agree to use the Treats4us Service lawfully and only for the Permitted Uses. No other use of the Treats4us is permitted. You shall not reuse or electronically reproduce or make derivative works from any Coupon in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without Company's prior written consent in each instance.
10. Intellectual Property Rights:
(a) Treats4us is the licensee of all industrial and intellectual property rights which comprise the Service (including but not limited to text, graphics, logos, icons and sound recordings) and you do not gain any such rights simply because of this licence, by using or accessing the Service.
(b) You may not in any form or by any means adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of the Software/Site without Treats4us’s written permission or, in the case of third party material, from the owner of copyright in that material.
11. Trademarks: All of the trademarks, service marks, and logos displayed on this Site (the ‘Trademarks’) are registered and unregistered trademarks of Treats4us, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
12. Usage Rules: We reserve the right to deny you access to any and all parts of this Site or the Treats4us Service and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes: In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for all bids and shall be obligated to consummate any transaction where the Conditions or met on a Promotional Offer you bid on. Additionally, your account will contain your credit card information. You shall be responsible to keep your user name and password confidential and that Company is not responsible for any unauthorized use of your account caused by your own negligence. If the Company provides a comment or feedback capability on the Site, you may not post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information: This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively ‘Unsolicited Information’). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) Use by Minors Under the Age of 18: This Site is intended for adults who have authority and capacity to commit to entering into transactions with Merchants and purchasing the Promotional Offers. Minors under the age of eighteen are required to have their parent or guardian submit the bid for the promotional offers.
(d) No Monitoring. This Site and the Content on it (whether generated by Merchants or by users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in the communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
(e) Unauthorised Access: You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Interference with Other Users' Use: You shall not interfere with other users' use of the Site or the Treats4us Service, including, without limitation, disrupting the normal flow of communication concerning user comments, spamming or otherwise using abusive tactics to deter others from commenting on Promotional Offers.
(g) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(h) Abusive Conduct: You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(i) Unsolicited Communications Prohibited: You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
13. No Review of Postings: The Company does not and cannot review, and is therefore not responsible for, any comments posted to the Site. Messages, advice, opinions or other information contained in any portion of the site should not be construed as authoritative advice or instruction.
14. Data Back-Up; Site Downtime; Security: We are not responsible for backing up your data or other type of data attributed to your use of the Treats4us Service. The right to use this Site is personal to you and is not transferable to any other person or entity. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the Company's control, and Company shall not be responsible for any data lost while transmitting information on the Internet. Additionally, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Company does not guarantee that your access to this site would be uninterrupted, error-free or terminated from time-to-time. Or that it will maintain data logs on all coupons purchased by you. You expressly agree to assume the sole risk of backing up all coupon information, including redemption codes, and expressly agree that company will have no liability with respect to lost coupon codes.
15. Advertisements: We may place advertisements in different locations on the Site and at different points during your use of the Service. These locations and points may change from time to time. We will always clearly mark distinguish third party advertisements for goods and services from the goods and/or services which are the subject of a Coupon and will be supplied by a Merchant when a Coupon purchased by you is redeemed.
(a) You are free to select or click on advertised goods and services or not as you see fit.
(b) Any advertisements may be delivered on our behalf by a third party advertising company.
(c) No personal data will be used if you click on any advertising links on the Site or on promotional emails. However, on our behalf, a third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser.
16. Notice: We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by surface mail to your address on record in your account information, if any.
(b) Disclaimer of Warranties: This site, the content and the treats4us services are provided ‘as is’, without any warranties of any kind, expressed or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose., title, and non-infringement, with regard to the content, the promotional offers, and any underlying products and/or services and all other information contained on and/or made available through this site, including but not limited to the availability of this site, lack of viruses, worms, trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the site or access thereto by users. We do not guarantee the timeliness, validity, completeness or accuracy of the content. Although we may update the content on this site from time to time, please note that information contained herein may be out of date and/or may contain inaccuracies or typographical errors. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
19. Indemnification: You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the ‘The Protected Parties’) from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from:
(a) provision of Unsolicited Information or User Generated Content by you, or
(b) your use of the Content, the Site and/or Treats4us Services; and/or
(c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
20. Waiver, Release and Limitation of Liability: You agree that none of the protected parties shall have any liability to you under any theory of liability or indemnity in connection with your use of the site. You hereby release and forever waive any and all claims you may have against the protected parties (including but not limited to claims based upon the negligence of any of the protected parties) for losses or damages you sustain in connection with your use of the site.
Notwithstanding the foregoing paragraph, the total liability of the protected parties, if any, for losses or damages shall not exceed the purchase price minus the marketing fees collected by company from the merchant for that specific coupon purchased by user. In no event shall any of the protected parties be liable to you for any indirect, special, incidental, consequential or punitive arising from any use of this site or the content even if the protected parties have been advised of the possibility of such damages.
None of protected parties will be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, loss of coupon codes, breach of warranty by merchants, dissatisfaction of a merchant's products and/or services, failure to meet the restrictions set forth in the promotional offer, damages or losses you incur in the event of any failure or interruption of this site or our equipment, or resulting from the act or omission of any other party involved in making this site and/or Treats4us services available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the site, the content, the Treats4us services or submit a bid for a promotional offer, whether or not the circumstances giving rise to such cause may have been within the control of any of the protected parties.
21. Third Party Rights: The provisions of paragraphs Indemnification, Waiver, Release and Limitation of Liability are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
22. User Representations: You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, you may have a parent or guardian accept these terms on your behalf. You agree to be financially responsible for your use of the Treats4us Service (as well as for use of your account by others (whether authorised or unauthorised), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
23. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Melbourne, Victoria, Australia and we both expressly consent to such jurisdiction.
24. Miscellaneous: These Terms and Conditions constitute the entire Agreement between Treats4us Pty Ltd and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.