Terms and Conditions

 

  1. Definitions In these terms and conditions:

(a) Content means any digital material including (without limitation) text, photographs, images, film, graphics and music.

(b) We or Us means Drop20 and/or Drop20 deals ABN 31545304962.

(c) The Site means the internet website located at www.drop20.com.au and / or www.drop20deals.com.au inclusive of mobile applications, electronic communications or services, or any location at which you can search subscribed listings and / or access a Voucher / Coupon from Drop20 and/or Drop20 deals

(d) Terms and Conditions of Use means these Terms and Conditions together with the Privacy Policy that appears on the Site or within this document.

(e) You means a user of the Site. Users of the Site include Businesses advertising on the Site, merchants, potential consumers, browsers, and any person(s) using the site for any reason.

(f) Term means the campaign period of business advertisers on our Site.

(g) The Merchant Offering means the goods and/or services to be supplied and/or provided by the Merchant to the Voucher / Coupon Holder, as specified on Drop20 and/or Drop20 deals'  Site and on the Voucher / Coupon.

(h) Service means the provision of an advertisement space on our site by us to the Merchant, and the provision of access to our site’s content to all users of our site.

(i) The Merchant is a third party unrelated to Drop20 and/or Drop20 deals that sells, supplies and/or provides the Merchant Offering. Drop20 and/or Drop20 deals does not sell, supply and/or provide the Merchant Offering. Drop20 and/or Drop20 deals only supplies the Voucher / Coupon.

(j) Subscription/subscriber /membership/ member/ listing means any user of the site, individual, merchant, advertiser, and / or business, who has agreed to provide and / or share their personal and / or business details/content on our site whether paid and / or unpaid.

 

  1. Introduction

(a) The Site is operated by Drop20 and/or Drop20 deals .

(b) You should read these Terms and Conditions together with the Privacy Policy that appears on the Site.

(c) You may only use the Site if you accept and comply with the Terms and Conditions and Privacy Policy.

(d) Please read the Terms and Conditions and Privacy Policy carefully as they form the agreement between Us and You.

(e) If You do not agree to the Terms and Conditions and /or Privacy Policy, do not use the Site. By using the Site, You are agreeing to be bound by the Terms and Conditions and Privacy Policy, including all amendments made to the Terms and Conditions and Privacy Policy from time to time by drop20 and/or Drop20 deals in accordance with clause 15(a) below.

 

  1. Merchant Subscriptions and termination of service

(a) Each subscription / listing plan is based on a pre-paid term selected by the Merchant.

(b) Each promotional subscription / listing plan is pre-paid or debited in full amount of the promotional offer and in accordance to the period indicated as part of the promotion at the time of the promotion.

(c) You may be contacted a few weeks before the expiry date of your subscription / listing to determine renewal options and commitments.

(d) You are permitted to terminate the acquisition of our Service at any time without further charges, but you will forfeit any prepayments already made. Request for termination must be done via email notification at least 72 hours before the new billing cycle is due.

(e) We are entitled to terminate listings and/or subscriptions at any time without notice to You. Any termination to the listing and/or subscription will become effective immediately upon them being sanctioned and You will receive an email or phone call within 48 hours to specify cause and implications.

(f) We are entitled to change subscription pricing and ad space pricing at any time without notice to You. Any changes to our pricing will become effective as of any new term/period.

(g) Payment options are Bank Transfer or Credit Card.

(h) Upon listing your business with Drop20 and/or Drop20 deals you are automatically subscribed into our e-marketing mailing list. You have the option to then unsubscribe through the unsubscribe link provided within the email reciprocation should you chose not to receive such emails from Drop20 and/or Drop20 deals , though we highly recomended that you maintain subscription so as to effectively communicate with you.

(i) Failure to honour your advertised deal/coupon/voucher may result in immediate termination.

 

  1. Our Site

(a) The Site is displayed and distributed on an "as is" basis. We do not promise the Site will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Site or any part of the Site.

(b) We do not provide any promises of any kind (whether express or implied) in relation to the operation, the quality or the accuracy of the Site or any part of the Site, other than as required by law.

(c) From time-to-time, we may modify or take down the Site or any part of the Site.

(d) Your use of the Site, and any part of the Site, is at your own risk. You should make your own inquiries and seek advice prior to relying on any information provided on the Site.

 

  1. Linked Sites

(a) The Site may contain links to other web sites or social media services. These links are provided for convenience only. While we will endeavour to keep these links up-to-date, they may not always be current.

(b) We are not responsible for the content or privacy policy of any linked web site. You should check the terms of use and privacy policy of any linked website prior to use.

(c) Unless the contrary intention appears on the Site, You should not assume that We endorse, approve of or recommend the linked website or its owners or operators.

 

  1. Liability

(a) We are not responsible or liable for any loss or damage incurred by You in connection with your use of the Site, other than as required by law.

(b) Where liability cannot be excluded, our liability to You is limited to supplying the services again or paying the cost of having the services supplied again.

 

  1. Privacy

(a) We are committed to protecting your privacy. Please refer to our Privacy Policy for further details on how We collect, use and disclose your personal information.

 

  1. Your Content

(a) You grant to Us, our assigns and our authorised nominees an irrevocable, non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, reproduce, display, communicate, broadcast, modify, adapt, transmit, prepare derivative works from and/or publish in any manner and in all media (present or future) throughout the world, any Content you provide us with to place on the Site.

(b) You unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing the Content, to any act or omission that would otherwise infringe any moral rights in the Content, including (without limitation) use of the Content without attribution.

(c) You agree that you will not institute, maintain or support any claim or proceeding against Us, our licensees or successors for infringement of any of Your moral rights (or the moral rights of any third person) with regard to the Content.

(d) You agree that you will sign all documents and do all acts and things reasonably required by Us for the purpose of giving effect to our rights in relation to this clause.

(e) You are responsible to notify us via email if you require changes to your deal and or profile details. We will not be held responsible for inaccurate or outdated information.

(f) All content must be supplied by you.

(g) Drop20 and/or Drop20 deals is capable of providing basic artwork at an added surcharge upon your request.

(h) It is your responsibility to ensure that all content related to your business, irrespective of the provider to this content and including Drop20 and/or Drop20 deals, does not breach copyright laws.

(i) All content are reviewed and subject to approval by Drop20 and/or Drop20 deals .

 

  1. User redemption and use of a Voucher / Coupon

(a) Unless expressly stated otherwise, the Voucher / Coupon does not entitle the Voucher / Coupon Holder to receive the Merchant Offering at a specific time. You, as a user, are strongly recommended to contact the Merchant at an early stage.

(b) The reproduction of a Voucher / Coupon is prohibited.

(c) The commercial trade of a Voucher / Coupon is prohibited

(d) Please note that the Merchant and not Drop20 and/or Drop20 deals is:

    (i) The seller, supplier and/or provider of the Merchant Offering;

    (ii) The party who enters into a contract with the Voucher / Coupon Holder when the Voucher / Coupon is redeemed; and

    (iii) Solely responsible for providing the Voucher / Coupon Holder with the Merchant Offering and for the Merchant Offering itself

(e) Under no circumstances is Drop20 and/or Drop20 deals acting as the agent of the Merchant.

 

  1. User Warranties and Indemnity

(a) By communicating Content via the Site, you warrant to us that: i. the Content is original and does not contravene any law, statute or court order or the intellectual property rights of any person; and ii. You have the full legal right to licence all rights in the Content to Us and have obtained all necessary consents or releases from third parties for all and any use of the Content by Us in perpetuity without need for payment by Us to You or such third parties. You agree to provide any written evidence of this right to Us if requested.

(b) If there is any claim against Drop20 and/or Drop20 deals or its related parties in connection with Our use of Content supplied by You, You will indemnify and hold harmless all directors, employees and or agents of each member of Drop20 and/or Drop20 deals , from and against any loss, damage, claim or expense.

(c) Drop20 and/or Drop20 deals does not guarantee any sales conversions to You (the Merchant) and therefore You (the Merchant) will indemnify and hold Drop20, Drop20 deals, all directors, employees and or agents of each member of Drop20 and/or Drop20 deals, unaccountable from and against any financial loss, damage, claim or expense should your campaign outcomes not satisfy your expectations.

 

  1. Applicable law

(a) These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia.

(b) You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

(c) The Site may be accessed throughout Australia and overseas. Drop20 and/or Drop20 deals makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

(d) If any provision in this Agreement is invalid or unenforceable under an applicable law, the remaining provisions will continue in full force and effect.

 

  1. Viruses, hacking and other offences

(a) You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

(b) Drop20 and/or Drop20 deals does not represent that any information (including any file) obtained from or through the Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Drop20 and/or Drop20 deals will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any website linked to the Site, howsoever caused.

(c)To the extent that any liability may be imposed on Drop20 and/or Drop20 deals , to the extent permitted by law it shall be limited to the cost of re-supplying that information.

 

  1. Disclaimers

(a) Drop20 and/or Drop20 deals updates the Site as often as is practicable, but information can change rapidly and no member of Drop20 and/or Drop20 deals guarantees its accuracy at any time.

(b) The Site has been prepared under Australian law. Nothing in it constitutes an offer of securities, or an invitation to subscribe for securities, enter into any legal agreement or exercise any rights in relation to the offering of any financial product, or amount to a solicitation for any business.

(c) Drop20 and/or Drop20 deals cannot give any undertaking, that goods or services you purchase from the Merchants through the Site will be of satisfactory quality, and any such warranties are DISCLAIMED by Drop20 and/or Drop20 deals absolutely.

(d) This DISCLAIMER does not affect your statutory rights against the Merchants. Where you order goods or services through the Site Drop20 and/or Drop20 deals may disclose your customer information related to that transaction to the relevant Merchant.

(e) By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk.

(f) While the information and material contained on the Site is believed to be accurate and current, it is provided by Drop20 and/or Drop20 deals in good faith on an “as is” basis, and Drop20 and/or Drop20 deals , related entities of Drop20 and/or Drop20 deals and the directors, officers and employees of Drop20 and/or Drop20 deals accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(g) Any reference to products or services on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Drop20 and/or Drop20 deals or any Drop20 and/or Drop20 deals company.

(h) Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:

   (i) Drop20 and/or Drop20 deals expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
   (ii) Drop20 and/or Drop20 deals shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Drop20 and/or Drop20 deals is expressly advised of the likelihood of such loss or damage.
   (iii) To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.

 

  1. Feedback and complaints

You can contact us about questions or comments about the Site by email to info@drop20deals.com.au. Complaints about a specific Participating Retailer or product must be directed to the Participating Retailer concerned through the contact details provided on the email that you receive confirming that your order is being processed, for resolution directly with them. Drop20 and/or Drop20 deals has no obligation to help resolve disputes with Participating Retailers / Merchants.

 

  1. Miscellaneous

(a) We are entitled to amend the Terms and Conditions and Privacy Policy at any time without notice to You. Any amendment to the Terms and Conditions and Privacy Policy will become effective immediately upon them being posted on the Site.

(b) You cannot assign your rights under or arising out of the Terms and Conditions without Our express written permission. We may assign any or all of our rights under or arising out of the Terms and Conditions or notate the Terms and Conditions to any member of Drop20 and/or Drop20 deals without giving You notice.

(c) Any complaints or questions about the Site should be directed to info@drop20deals.com.au