TERMS AND CONDITIONS

The Voucher Store platform is owned and operated by Voucher Store Group Pty LtdABN 83 615 223 099(referred to as the Voucher Store).

By accessing or using the Voucher Store’s platform, you agree to be bound by these Terms and Conditions (Terms). If you object to anything in, or otherwise do not agree to these Terms you are not authorised to use the Voucher Store platform. You must not use the Voucher Store platform in any way other than in accordance with these Terms.

  • 1) What we are and are not
    • (a)The Voucher Store platform is an interactive online platform for customers (Customers) to find deals and discounts on different products and services offered by businesses (Merchants). The deals, offers and discounts advertised by Merchants are collectively called Deals and the platform service operated by the Voucher Store connecting Merchants with Customers is referred to as the Service or Services. The Services are available at voucherstore.com.au (Site) and on the Voucher Store mobile application (App).
    • (b) By accessing or using the Site, Users acknowledge that Merchants are not employees, contractors, partners or agents of the Voucher Store and the Voucher Store does not supply and is not a supplier of any of the products or services advertised through the Site, App or Services.
  • 2) Contract
    • (a) These Terms forma binding legal agreement between the Voucher Store and each person, organisation or entity using the Site, App and Services (referred to as a User). By using the Site, App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact the Voucher Store using the contact details at the end of these Terms.
    • (b) The Customer’s use of the Site, the App and the Services indicates that:
      • (i) The Customer has had sufficient opportunity to access the Terms and contact the Voucher Store.
      • (ii) The Customer has read, accepted and will comply with the Terms.
      • (iii) The Customer has legal capacity to enter into a contract for sale. and
      • (iv) The Customer is 18 years or older or if younger than 18 years, the Customer has the approval of its parent or guardian.
      If this is not correct, or if the Customer does not agree to these Terms, the Customer is not permitted to use any of the Services.
    • (c) These Terms supplement and incorporate:
      • (i) The Voucher Store’s policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site.
      • (ii) The PayPal Terms of Service including, without limitation, the User Agreement. and
      • (iii) Pin Payments’ Terms and Conditions available at https://pin.net.au/terms.
    • (d) The Voucher Store’s Privacy Policy sets out how the Voucher Store collects uses and protects the personal information of its Customers. The Voucher Store’s Website Terms of Use governs Customers’ use of the Site. These documents are available on the Site.
  • 3) The Voucher Store’s Introductory Service
    • (a)The Site, the App and the Services provide an online introductory platform for Merchants and Customers.
    • (b) Merchants are able to create listings (Listings) on the Site advertising different Deals for the goods (Merchant Products) or services (Merchant Services) offered by that particular Merchant
    • (c) Customers can purchase Merchant Products or Merchant Services through the Site, App or Services (an Order).
    • (d) When a Customer places an Order, the Customer accepts any terms and conditions set out in the relevant Listing.
    • (e) Each Customer understands and agrees that the Site and the App is an online introductory platform only, and that the Voucher Store’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
    • (f) The Voucher Store is not a party to any agreement entered into between a Customer and a Merchant. The Voucher Store has no control over the conduct of Merchants and Customers and any other users of the Site, the App and the Services. The Voucher Store disclaims all liability in this regard, as set out in these Terms.
    • (f) Any arrangement between a Customer and a Merchant is solely between the relevant Customer and Merchant. It is strictly and expressly not part of the Customer’s agreement with the Voucher Store.
  • 4) Online Registration
    • (a) Customers can browse and view Listings, the Site and the App as unregistered users of the Site or App. In order for Customers to purchase or order Merchant Products or Merchant Services, a Customer is required to create an account (Account).
    • (b) Each Customer may only have one (1) Account on the Site and App
    • (c) Basic information is required when registering on the Site for an Account. Each Customer is required to provide certain information including name, email address and location and select a username and password.
    • (d) Each Customer agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Voucher Store reserves the right to suspend or terminate any Customer’s Account and his/her or its access to the Site, App and Services if any information provided to the Voucher Store proves to be inaccurate, not current or incomplete.
    • (e) It is the Customer’s responsibility to keep its Account details including username and password confidential. The Customer is liable for all activity on its Account, including purchases made using its account details. The Customer agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
    • (f) The Customer will immediately notify the Voucher Store of any unauthorised use of its Account.
  • 5) Vouchers and redeeming a Voucher
    • (a) When a Customer places an Order, the Customer will receive a printable voucher (Voucher) via email. The Customer can also access the Voucher by logging into their Account
    • (b)The Customer must use the Voucher to redeem the relevant Merchant Products or Merchant Services from the Merchant. Neither the Voucher Store nor Merchants are responsible for any lost or stolen Vouchers or fraudulent use of Vouchers. Customers are solely responsible for their Vouchers.
    • (c) The Voucher shall only be redeemable: (i) for the specified Merchant Products and/or Merchant Services. and (ii) until the voucher expiration date, as set out on the voucher, provided that if a Customer seeks to use a Voucher prior to its expiry date and is denied by the Merchant, or is unable to use the Voucher for any other reason beyond its reasonable control before the expiry date, the Voucher Store may extend the Voucher’s expiry date by 60 days or provide a store credit at the Voucher Store’s discretion.
    • (d) The Merchant and not the Voucher Store is the seller and supplier of the Merchant Products and/or Merchant Services to which the Voucher relates and is solely responsible for honoring the Customer’s Order and the relevant Voucher.
    • (e) A Customer cannot use a Voucher in conjunction with any other discounts, offers or deals offered by a Merchant unless otherwise set out in the Merchant’s Listing or these Terms.
    • (f) Vouchers may be transferred, assigned or gifted to a third party and may be redeemed by such third party in accordance with these Terms and any terms set out in the Listing
    • (g) Vouchers cannot be redeemed after the Voucher’s expiry date, or redeemed or exchanged for cash.
  • 6) Voucher expiry dates
    • (a) A Voucher expires on the date indicated on the Voucher.
    • (b) Vouchers which have expired are non-refundable either in whole or in part and are no longer valid. Merchants are not obliged to honor expired Vouchers.
  • 7) Delivery of Products
    • (a) Customers are required to refer to delivery information provided by the Merchant in the relevant Listing or contact the Merchant directly to confirm (i) that they are within the delivery area, (ii) the applicable delivery fees, (iii) when the Merchant Product is likely to be dispatched, (iv) the method of delivery, (v) when risk of loss, damage or deterioration to any Merchant Product will pass to the Customer and (vi) what to do if a Merchant Product is delayed, damaged or goes missing in the delivery process
  • 8) Interactions with other Users
    • (a) Customers acknowledge and agree that any communications entered into with a Merchant or another User, whether through the Site, App or otherwise is at his or her own risk. The Voucher Store does not provide a User with and cannot guarantee that other Users have genuine intentions.
    • (b) Customers should report to the Voucher Store any activities which are, or which the Customer reasonably believes to be:
      • (i) Suspicious.
      • (ii) Inconsistent.
      • (iii) Illegal. or
      • (iv) Likely to have a negative effect on the reputation of the Voucher Store, the Site, the App, Services and/or a User.
    • (c) Each Customer represents and warrants that any content that it provides :
      • (i) Will not breach any agreements it has entered into with any third parties.
      • (ii) Will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Customer in its local area and country. and
      • (iii) Will not conflict with the rights of third parties.
    • (d) For the avoidance of doubt, the Voucher Store assumes no responsibility for a Customer’s compliance with any applicable laws, rules and regulations.
    • (e) The Voucher Store reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that the Voucher Store, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
  • 9) Ratings and Reviews
    • (a) Customers may rate a Merchant Product or a Merchant Service using the star rating system provided on the Site and App(Rating). Customers are able to view and use Ratings to assist with purchasing decisions. The Voucher Store will only allow a Customer to provide a Rating once the relevant Merchant Product or Merchant Service has been provided and the Voucher Store has been notified by the Merchant that the Merchant Product or Merchant Service has been provided.
    • (b) Customers may also provide feedback on different Deals, Merchant Products and Merchant Services that the Customer has purchased (Review). Customers must provide true, fair and accurate information in their Review. If, in the Voucher Store’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, the Voucher Store may delete the Review or ban the Customer from posting the Review. The Voucher Store does not undertake to review each Review made by Customers.
    • (c) To the fullest extent possible, the Voucher Store is not responsible for the content of any Reviews.
    • (d) Ratings and Reviews can be viewed by any User.
    • (e) Ratings and Reviews will remain viewable until the relevant Deal is removed or expires, or the relevant Account is terminated.
  • 10) Payments
    • (a) Customers are not required to pay fees for registering on the Site or App for an Account.
    • (b) While Customers do not need to pay a fee for the Services, they acknowledge that in order to access a Deal, they will need to purchase a Voucher. The fees for purchasing a Voucher are referred to as the Voucher Fees
    • (c) Each Customer agrees to pay the Voucher Fees, in the currency specified on the Site and App at the time that he, she or it submits an Order for Merchant Services or Merchant Products.
    • (d) The Voucher Fees may be paid by the payment method set out on the Site. The Customer must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a Customer’s payment is not able to be successfully processed then the Customer’s Order may be canceled.
    • (e) Goods and Services Tax (GST) will be charged where applicable.
    • (f) In the absence of fraud or mistake, all payments made are final and the Customer shall not have the right to cancel its purchase for any reason and further each Customer agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
    • (g) If the Customer makes a payment by debit or credit card, the Customer warrants that the information provided to the Voucher Store is true, accurate and complete, that the Customer is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Customer will maintain sufficient funds in the account to cover the purchase price.
    • (h) Nothing prevents the Voucher Store from taking any action necessary to recover any unpaid fees. If a Customer at any time exceeds the Voucher Store’s payment terms and as a result are passed on for collection and or legal action, the Voucher Store may place a default against the Customer with a credit reporting agency.
    • (i) The Voucher Store’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each Customer has the choice to continue using the Site, or to cease to use the Site without penalty.
  • 11) Dispute Resolution
    • (a) By using the Voucher Store’s Site, App and Services, each Customer agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Merchant, or other third party, will be limited to a claim against the Merchant or other third party, who caused harm to him or her. The Voucher Store encourages Customers to communicate directly with the relevant Merchant or third party to resolve any disputes.
    • (b) The Voucher Store welcomes feedback from its Customers. The Voucher Store seeks to resolve concerns quickly and effectively. If any Customer has any feedback or questions about the Services, please contact any member of the staff.
    • (c) If there are any complaints from a Customer, the Voucher Store will aim to respond and provide a suitable solution within 45 days. If a Customer is not satisfied with the Voucher Store’s response, the Customer and the Voucher Store agree to the following dispute resolution procedure:
      • (i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Customer and the Voucher Store agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
      • (ii) If a resolution cannot be agreed upon at the Initial Meeting, either the Customer or the Voucher Store may refer the matter to a mediator. If the Customer and the Voucher Store cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
    • (d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
  • 12) Cancellation of Registration
    • (a) If a Customer wishes to cancel its registration, it may do so by deleting their Account on the Site or App.
    • (b) No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
  • 13) Consumer Guarantees
    • (a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the Customer with rights, warranties, guarantees and remedies relating to the provision of Services by the Voucher Store to the Customer which cannot be excluded, restricted or modified (Statutory Rights).
    • (b)If the Customer is a consumer as defined in the ACL, the following notice applies to the Customer from the Voucher Store: “the Voucher Store guarantees that the Services, being the provision of a platform for advertising different Deals are rendered with due care and skill. fit for the purpose that the Voucher Store advertises, or that the Customer has told the Voucher Store he, she or it is acquiring the Services for or for a result which the Customer has told the Voucher Store he, she or it wishes the Services to achieve, unless the Voucher Store considers and discloses that this purpose is not achievable. And will be supplied within a reasonable time. To the extent the Voucher Store is unable to exclude liability. the Voucher Store’s total liability for loss or damage suffered by the Customer or incurred from the Voucher Store’s Services is limited to the Voucher Store re-supplying the Services to the Customer, or, at the Voucher Store’s option, the Voucher Store refunding to the Customer the amount he, she or it has paid the Voucher Store for the Services to which the Customer’s claim relates.”
    • (c) Nothing in these Terms excludes a Customer’s Statutory Rights as a consumer under the ACL. The Customer agrees that the Voucher Store’s liability for Services provided to Customers who are defined as consumers is governed solely by the ACL and these Terms. The Voucher Store excludes all conditions and warranties implied by custom, law or statute except for the Customer’s Statutory Rights.
    • (d) Except for the Customer’s Statutory Rights, all material and work is provided to the Customer without warranties of any kind, either express or implied, and the Voucher Store expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  • 14) Refund Policy
    • (a) Any cancellation, exchange or refund of a Merchant Product and/or Merchant Service is strictly a matter between the Customer and the Merchant, subject to the rules set out below. The terms and conditions agreed to between the Customer and Merchant should be set out clearly in the Listing in respect of the Merchant Product or Merchant Service.
    • (b) Where a Customer wishes to seek a refund or another exchange in respect of a Merchant Service, the Customer must contact the Voucher Store and the Voucher Store may provide a refund or exchange or another option in its sole discretion.
    • (c) If a Merchant cannot provide a Deal listed in a Listing or cannot fulfill the terms and conditions set out in a Listing and a Voucher has not been redeemed, a Customer may request that the Voucher is refunded.
    • (d) Returning Merchant Products
      • (i) If a Customer wishes to seek a refund, the Customer must contact the Voucher Store within seven (7) days. Once contacted, Voucher Store will investigate the Customer’s issues and advise the Customer whether a Merchant Product may be returned and where required, provide the Customer with a return authorisation and instructions on how to return the Merchant Product.
      • (ii) The Merchant Product must be returned within 10 business days from the date the return authorisation is provided.
      • (iii) Return postage is payable by the Customer, unless the Voucher Store advises otherwise.
      • (iv)Merchant Products must be returned in a saleable condition and with all original packaging.
      • (V) Refunds will be issued using the payment method used for the purchase. Store credits, if they are provided, will be issued to the Account which purchased the Merchant Products.
      • (VI) The Voucher Store aims to process refunds or replacements within 28 working days of receipt by the Voucher Store of the Merchant Product.
    • (e) Change of mind refund policy for Merchant Products
      • (i) i. If a Merchant Product is:
        • 1. Returned within 14 business days of the Order.
        • 2. Not used or worn (with original tags and/or packaging).
        • 3. Not damaged in any way. and
        • 4. returned with all accessories and parts, then a refund may be provided less 20% of the total price paid for the Merchant Product, as a re-stocking and returns handling fee.
  • 15) Voucher Store Intellectual Property
    • (a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trademarks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to the Voucher Store (or its affiliates and/or third party licensors as applicable).
    • (b) The Customer agrees that, as between the Customer and the Voucher Store, the Voucher store owns or holds the relevant license to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property.
    • (c) The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by the Voucher Store or the owner of the content.
    • (d) Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
    • (e) The Voucher Store’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the Voucher Store or the applicable trademark holder or Intellectual Property owner.
    • (f) Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of the Voucher Store or the applicable Intellectual Property owner. Customers may not do anything which interferes with or breaches the Intellectual Property rights.
  • 16) User License
    • (a) Subject to these Terms, the Voucher Store grants the Customer a personal, non-exclusive, non-transferable, limited and revocable license to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Customer as permitted in accordance with these Terms (User License),and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968(th). All other uses are prohibited without the Voucher Store’s prior written consent.
    • (b) The right to use the Site, App and Services is licensed to the Customer and not being sold to the Customer. A Customer has no rights in the Site, App and Services other than to use it in accordance with these Terms.
    • (c) This Agreement and User License governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
  • 17) Permitted and Prohibited Conduct
    • (a) The Customer will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
    • (b) The Customer is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
    • (c) The Customer must not post, upload, publish, submit or transmit any content that:
      • (i) Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
      • (ii) is fraudulent, false, misleading or deceptive.
      • (iii) Denigrates the Voucher Store, the Site, the App, Services, another Customer, or a Merchant.
      • (iv) Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
      • (V) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
      • (Vi) is violent or threatening or promotes violence or actions that are threatening to any other person. or
      • (Vii) promotes illegal or harmful activities or substances.
    • (d)In connection with the Customer’s use of the Site, App and Services, the Customer may not and agrees that it will not:
      • (i) Use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms.
      • (ii) Register for more than one Account or register for an Account on behalf of another individual and/or entity.
      • (iii) Use the Services to find a Merchant and then complete, or assist another individual to complete, an Order or transaction independent of the Services in order to circumvent the obligation to pay any fees related to the Voucher Store’s provision of the Services.
      • (iv) Upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another Customer or Listing.
      • (v) Submit any false or misleading information.
      • (vi) Make any offers to Merchants that it does not intend to honor.
      • (vii) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
      • (viii) Copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms.
      • (ix) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
      • (x) Use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
      • (xi) Use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements.
      • (xii) Stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Customer on the Site or App.
      • (xiii) use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, the Voucher Store’s name, and the Voucher Store trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without the Voucher Store’s express written consent. or
      • (xiv) Advocate, encourage, or assist any third party in doing any of the foregoing.
  • 18) User Content
    • (a) Customers are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the Customer grants to the Voucher Store a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
    • (b)The Customer agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The Customer represents and warrants that:
      • (i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licenses, consents and releases that are necessary to grant to the Voucher Store the rights in such User Content or Intellectual Property, as contemplated under these Terms. and
      • (ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or the Voucher Store’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    • (c) The Voucher Store may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  • 19) Disclaimers
    • (a) Each Customer who uses the Site, App and the Services does so at their own risk. The Voucher Store does not guarantee that Customers will be able to find desirable Merchants, Merchant Products and/or Merchant Services.
    • (b) The Voucher Store does not endorse any Customer, Merchant, Listing or Merchant Services and Merchant Products. The Voucher Store requires Customers and Merchants to confirm that they have provided accurate information. The Voucher Store does not perform any background checks of Merchants, and does not confirm, any Customer or Merchant’s identity, Listing, Merchant Services and/or Merchant Products.
    • (c) The Voucher Store cannot and does not control the content contained in any Listings or the condition, legality or suitability of any Merchant or Merchant Services or Merchant Products. Customers are responsible for determining the identity and suitability of Merchants that they contact via the Services and the Merchant Services and Merchant Products.
    • (d)The Voucher Store accepts no responsibility for and makes no representations or warranties to the Customer or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. The Voucher Store disclaims any and all liability related to any and all Customers, Merchants, Listings, Merchant Services and Merchant Products.
    • (e) By using the Site, App or Services, the Customer agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Merchants or other third parties will be limited to a claim against the Customer or Merchant or other third party who caused it harm. The Voucher Store encourages the Customer to communicate directly with the relevant Merchant on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
    • (f)To the fullest extent allowable under applicable law, the Voucher Store disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
    • (g) The Voucher Store excludes all express and implied conditions and warranties to the fullest extent permitted by law, including but not limited to:
      • (i) The Voucher Store expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms.
      • (ii) The Voucher Store does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the Customer’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the Customer is free of viruses or any other harmful components.
      • (iii) The Voucher Store takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Customers, the Merchants, Merchant Services and Merchant Products being unavailable, of a particular standard of workmanship, failing to meet the Listing description, failing to meet the Customer’s needs, or being of less than merchantable quality. and
      • (iv) The Voucher Store will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of 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 the Customer’s information systems or costs of replacement goods, or otherwise, suffered by the Customer or claims made against the Customer, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Listing, the Merchant Services, the Merchant Products or the Terms, even if the Voucher Store was expressly advised of the likelihood of such loss or damage.
    • (h) The Customer agrees not to attempt to impose liability on, or seek any legal remedy from the Voucher Store with respect to such actions or omissions.
  • 20) Limitation of Liability
    • (a) To the extent permitted by law, the Voucher Store’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to the Voucher Store re-supplying the Services to the Customer or at the Voucher Store’s option, the Voucher Store refunding to the Customer the amount it paid to the Voucher Store for the Services to which its claim relates. The Voucher Store’s total liability to the Customer for all damages in connection with the Services will not exceed the price paid by the Customer under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
    • (b)The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Voucher Store and the Customer. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Customer.
    • (c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Voucher Store.
  • 21) Indemnity
    • (a) Each Customer agrees to defend and indemnify and hold the Voucher Store (and the Voucher Store’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the Customer’s use of or access to the Services. Any breach by the Customer of these Terms. Any willful, unlawful or negligent act or omission by the Customer. And any violation by the Customer of any applicable laws or the rights of any third party.
    • (b) The Voucher Store reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer, in which event the Customer will cooperate in asserting any available defenses.
    • (c) This defense and indemnification obligation will survive these Terms and the Customer’s use of the Site, App or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the Customer, but may be assigned by the Voucher Store without restriction.
  • 22) General
    • (a) Accuracy: While the Voucher Store will Endeavour to keep the information up to date and correct, the Voucher Store makes no representations, warranties or guarantees, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The Customer hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and the Voucher Store expressly excludes any liability for such to the fullest extent permissible by law.
    • (b) Termination: the Voucher Store reserves the right to refuse supply of the Services required by any Customer, terminate any Customer’s Account, terminate its contract with any Customer, and remove or edit content on the Site or App, if the Customer commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If the Voucher Store decides to terminate a Customer’s Account any of the following may occur, with or without notice to the Customer: (a) the Customer’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content and/or (b) the Voucher Store may refund the Customer the value of any Voucher purchased from a Merchant whose Account is canceled or terminated.
    • (c) Fraudulent Activities: Each Customer acknowledges and agrees that, in the event the Voucher Store reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, the Voucher Store reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    • (d) Force Majeure: the Voucher Store will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
    • (e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    • (f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by the Voucher Store of any of the Terms shall be effective unless the Voucher Store expressly states that it is a waiver and the Voucher Store communicates it to the Customer in writing.
    • (g) Assignment: A Customer must not assign any rights and obligations under the Terms whether in whole or in part without the Voucher Store’s prior written consent.
    • (h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law?
    • (i) Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any Customer’s use of the Site, App or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of Victorian courts. The Site and App may be accessed throughout Australia and overseas. The Voucher Store makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a Customer accesses the Site or App from outside Australia, she or he does so at her or his risk and is responsible for complying with the laws in the place where he/she accesses the Site or App.
    • (j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between the Voucher Store and each Customer, and supersede any prior agreement, understanding or arrangement between the Voucher Store and each Customer, whether oral or in writing.
  • For questions and notices, please contact:

    Voucher Store Group Pty. Ltd. trading as Voucher Store ABN 83 615 223 099

    99 Coventry Street, Southbank VIC 3006

    contact@voucherstore.com.au

    Last update: 4 April 2017