Deal Bazaar Terms and Conditions
Acceptance of Terms and Conditions
1.1 In these Terms, the following words are defined and have a specific meaning:
'Content' means any software, data, information, pictures, graphics and other materials published or made available on the Website, including content generated by users and any third parties.
'Coupon' means coupons supplied by us for use by Members to redeem Goods or Services in a Deal purchased by that Member.
'Deal' means the Goods and / or Services being offered by a Merchant and promoted through the Website.
'Voucher Guarantee expiry date' means the period of 30 days after the expiry date of the Coupon and is listed on the Coupon.
'Goods' means any goods that are offered by a Merchant.
'Member' means a user that has completed our registration process and created an account on this Website.
'Merchant' means any participating seller, vendor, trader or dealer that has agreed to make Goods or Services available to Members on this Website.
'Offer' means placement of an order for the purchase of a Deal by a Member.
'Redemption Level' means the minimum number of Members that are required to have made an Offer to buy Goods or Services before a Deal can be confirmed and a Coupon can be redeemed.
'Services' means any services that are offered by a Merchant.
'Third Party Content' means Content supplied by a third party (including by a Merchant or other user).
'User' means any user of the Website.
'We', 'Us' and 'Our' are a reference to Kiwi Media Interactive Ltd.
'You' and 'Your' are a reference to you.
- Operation of Website
2.1 We provide a group purchasing service. Our service identifies Merchants who are willing to offer goods or services. We work with the Merchants to agree a price linked to volume which we believe will appeal to Members and then promote these Deals to our Members. If a Deal is confirmed, we co-ordinate the collection of money for the Merchants and issue Coupons which can be redeemed for the Goods or Services by Members who have offered to purchase the Goods or Services. The Website is a tool by which we deliver our service.
2.2 The Merchant is the seller of the Goods and/or Services promoted on the Website and is solely responsible for providing any Goods and/or Services you purchase. We act as an agent for the Merchant in the sale and purchase of Goods and/or Services in a Deal and receive a commission from the Merchant for facilitating the Deal.
2.3 If you wish to purchase a Deal, post messages on the Website, or use any other function offered on the Website you will need to complete the Member registration process, including providing all information we require.
2.4 By clicking 'I accept' you agree to receive email and/or text message communications from us about Deals and other advertising and promotional materials we believe may interest you. You can opt out of receiving these communications at any time by clicking the unsubscribe link in the communication or following the process set out in the text message.
- Purchase of Deals
3.1 By placing an order to redeem a Deal, you make an Offer to us to purchase the Goods or Services that are the subject of the Deal you have selected in accordance with these Terms and any other terms stated as applicable to the Deal. You may not revoke an Offer.
3.3 Once a Deal is confirmed, no refunds or exchanges will be given except where required by law.
3.4 Coupons are only redeemable in respect of the Goods and/ or Services as advertised in the specific Deal on the Website and will be subject to the terms and conditions of the Merchant whether or not these are displayed on the Website.
3.5 Each Coupon includes a unique code, and can only be redeemed once.
3.6 The Coupon is your sole responsibility. Neither we nor the Merchant will be responsible for damaged, lost or stolen Coupons.
3.7 Coupons cannot be combined with any other offers, coupons, or promotions, unless otherwise specified by the Merchant. Coupons are redeemable in their entirety only and may not be redeemable incrementally. The number of Coupons which may be purchased by each Member in relation to a specific Deal will be determined by the Merchant.
3.8 All Coupons will expire on the date specified on the Coupon except those which are marked with a Voucher Guarantee expiry date.
3.9 The reproduction, sale or trade of any Coupon is prohibited unless expressly authorised by the Merchant or otherwise done so in compliance with the law.
3.10 Any attempted redemption not consistent with these Terms will render the Coupon null and void.
3.11 If a Merchant that has offered a Deal but has not supplied it closes down, Deal Bazaar will ensure that the purchase price for the Deal will be refunded to you.
- Intellectual Property
4.1 You acknowledge that all Website Content is our exclusive property or is used with the express permission of the copyright and/or trademark owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties.
4.2 'Deal Bazaar' is our trademark. All rights in this trade mark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners and may not be used by you without obtaining the owner's express permission.
- Website Content and Security
5.1 You will ensure that:
(a) any use you make of the Website is in good faith;
(b) your user name and password is kept secure and confidential and not revealed to any other person; and
(c) you notify us immediately of any unauthorised use of your username and/or password or any other breach of your security on the Website.
5.2 You will not post or transmit (either directly or indirectly) any Content on the Website that:
(a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable or unsuitable;
(b) is or is reasonably likely to be unsuitable for users under the age of 18 years;
(c) infringes the intellectual property rights of any person;
(d) you know or suspect is false or misleading;
(e) contains any virus or other destructive component;
(f) is prohibited by or violates any applicable law or regulation;
(g) defames, abuses, harasses, stalks, threatens, breaches the confidence of or otherwise violates the legal rights (including, without limitation, privacy rights) of others; or
(h) otherwise breaches the Terms.
5.3 You agree not to do any of the following (either directly or indirectly) while using the Website:
(a) hack into any part of the Website;
(b) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
(c) breach, or encourage the breach of, any applicable law or regulation;
(d) disrupt an exchange of information between users or otherwise act in a manner that negatively affects the Website and/or any user's enjoyment or use of the Website; or
(e) engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
5.4 We may at any time:
(a) refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; and
(b) edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website.
- Third Party Content
6.1 We are a distributor and not publisher of Third Party Content. Subject to clause 10.1:
(a) We do not endorse, warrant or make any representation about any Third Party Content and you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
(b) We take no responsibility for any Third Party Content (including any inaccuracy or omission).
6.2 We are not responsible for any communication between you and any user (including Merchants), whether such communication has occurred as a result of use of the Website.
6.3 You acknowledge that:
(a) you use and rely on Third Party Content at your own risk;
(b) Subject to clause 10.1, we do not warrant or make any representation about any Content we have provided for informational purposes;
(c) Subject to clause 10.1, any Content downloaded or otherwise obtained through the Website is done at your own risk and you will be solely responsible for any and all damage (including to your computer system or loss of data); and
(d) Subject to clause 10.1, we make no warranties that the Website will meet your requirements or that the Website will operate uninterrupted, be secure or be error-free.
- Changes to Terms
7.1 We have the right at any time and without notice to remove, amend and/or vary any of the Content or cease operating the Website in whole or in part.
7.2 We reserve the right to change, alter or modify these Terms at any time and will update you of this by updating the 'last updated' notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
8.1 The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
9.1 The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
9.2 Subject to clause 10.1, to the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:
(a) the Content (including without limitation any errors or misstatements);
(b) the Website; and
(c) the Goods and/or Services supplied under a Deal.
Where any such liability cannot be excluded then, subject to clause 10.1, we limit our liability to the greater of $50 or the price you have paid for the Deal. If any issue does arise, you may have recourse directly against the Merchant.
9.3 You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.
9.4 You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
(a) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);
(b) your failure to complete any transaction that the Website may have facilitated;
(c) your breach of any of these Terms; or
(d) any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
10.1 If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
- Dispute Resolution
11.1 Where any dispute arises between you and another user (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action. You acknowledge that we will not be a party to any such dispute.
12.1 These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
13.1 We may cease operating the Website, or any part of the Website, at any time in our sole discretion.
13.2 We have the right to immediately terminate any Member account, and to prevent access to the Website by any user, in the event of any conduct by the user which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by the user to comply with any of these Terms.
13.3 Termination will not affect rights or liabilities that have already accrued.
- Privacy and Personal Information
14.1 You confirm that all information provided to us on the Website is current, complete and accurate at the time you provide it. You agree to maintain and update this information to keep it so.
15.1 If you have any questions or concerns in relation to the Website or these Terms, please Contact Us.