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Terms & Conditions

Consumer Agreement.

The website and application under the name “GIVE Me Deals” and its related services, products, websites, tools and applications (“App”) is owned and operated by GIVE Community Pty Ltd ACN 658 675 748 and “GIVE Me Deals Pty Ltd” ACN 658 914 875 ("GIVE Me Deals", “we”, “us”, “our”).

  1. is important that simultaneously with agreeing to these Terms and Conditions that you review and agree to both Google’s Privacy Policy and Terms of Service given the use of Google by you as part of the App, these terms are accessible as at the date of the acceptance to these Terms and Conditions at:
    a)
    Https://Policies.Google.Com/Terms?Hl=En
    b) Https://Policies.Google.Com/Privacy
    Before using the App, you must read these terms and conditions (“Terms and Conditions”) and all other policies. By using the App you agree to be automatically bound by these Terms and Conditions and our privacy policy. Prior to using the App you must carefully read and understand these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must not use the App. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the App. Each time you use our App you should revisit these Terms and Conditions. These Terms and Conditions are effective as at 27/04/2022.
  1. DEFINITIONS & INTERPRETATION

1.1 Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

  1. “Account” means a User’s account to use our Services;
    (b) “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));
    (c) “App” means the application under the name “GIVE Me Deals” and its related services, products, Website, tools and applications;
    (d) “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, the Deal or another User are located;
    (e) “Business or Merchant” means the entity (business) offering the Deal;
    (f) “Deal” means the goods and/or services to be supplied and/or provided by the Business as specified on the App;
    (g) “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
    (h) “Delivery Driver” means the independent third party who may deliver Orders;
    (i) “Google Privacy Policy” means Google’s privacy policy as available at https://policies.google.com/privacy or such other location as stipulated by Google from time to time;
    (j) “Google Terms of Service” means Google’s terms of service as available at https://policies.google.com/terms?hl=en or such other location as stipulated by Google from time to time;
    (k) “Information” means any information, Content, documents, links or attachments;
    (l) "Intellectual Property" means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the App and any other platform developed by GIVE Me Deals and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
    (m) “Deal” means the advertisement for a Deal that is available to view on the App;
    (n) “Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);
    (o) “Order” means an order placed by you for Deals on the App;
    (p) “our”, “us” and “we” means GIVE Me Deals;
    (q) “Purchase” means the purchase of a Deal through the App, in which in exchange for payment the User will receive a Receipt which can be redeemed for the Deal;
    (r) “Receipt” means a digital transaction receipt which serves as proof of Purchase entitling the User to redeem the Deal from the Business;
    (s) "Related Entity" has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
    (t) “Services” means any services we provide to you, including the App;
    (u) “User” means any person who uses the App;
    (v) “you” and “your” means a User.

1.2 Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

  1. a reference to a person includes any other legal entity and vice versa;
  2. words importing the singular number include the plural number and vice versa;
  3. a reference to a party includes the party's heirs, executors, successors and permitted assigns;
  4. headings are for reference purposes only;
  5. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  6. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  7. unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
  8. an obligation of two or more parties binds them jointly and each of them severally.
  1. YOUR ACCOUNT

2.1 Our Services are only available to, and may only be used by, persons who hold a valid bank account. If you are aged under 18 you must not open an Account and must obtain your parent or guardian’s permission before using the Services. If you do not obtain that permission, you must not use our Services.

2.2 To access and use the App, you must register with us and set up an Account with your email address and password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.

2.3 If we enable you to connect to the App with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your Information from that service as permitted by that service and as may be described in our Privacy Policy. Immediately contact us if you believe your Account has been compromised or misused in any way.

  1. PURCHASES THROUGH THE GIVE ME DEALS APP

3.1 The App provides a daily deals marketplace that facilitates the purchase by Users of Deals. Deals are an invitation to treat only.

3.2 Users may Purchase Deals on the App. Deals sold on the App are not reserved in-cart. Users may have the option to have their Orders posted by the Business or collected from a pick-up location.

3.3 The Purchase of a Deal constitutes an offer to the Business and requires acceptance before it is binding. On behalf of the Business, GIVE Me Deals reserves the right to refuse your offer for any reason at any time and without notice.

3.4 The Business is a third party unrelated to GIVE Me Deals. GIVE Me Deals does not sell, supply and/or provide the Deal. Payment made through the App is made and received by a third party payment gateway solely for the purpose of facilitating transactions between the User and the Business and held solely for the benefit of the Business. GIVE Me Deals does not at any time hold or receive any funds on behalf of Users or Businesses. The Business is solely responsible for providing the Deal to the User.

3.5 The Business may have its own terms and conditions that are applicable to the sale, supply and or provision of the Deal which you purchase. Before purchasing a Deal, the Consumer should familiarise themselves with any terms and conditions which apply (including any which are noted in the description of the Deal in the App, especially in relation to delivery and returns).
3.6 You acknowledge and agree that we do not provide Deals nor are we responsible for the preparation, packaging or delivery of Deals that are supplied in an Order. All such supply and delivery of Deals is provided by independent third parties. We do not provide delivery services.

3.7 GIVE Me Deals responsibility is limited to the Services in providing a daily deals marketplace and to connect you with independent Businesses.

3.8 Any arrangements entered into with a Business is outside the scope of the Service provided by us. The contract for sale of any Deal is directly between the User and the Business. GIVE Me Deals is not a party to this contract. Our Services are limited as outlined above.

3.9 If you consider that a Business has not properly provided you the Deal that you purchased through the App, you must take action against the Business directly. If we provide you with any assistance with any complaint or alleged defect, we do so as a mere convenience and does not assume any responsibility in respect thereof.

3.10 GIVE Me Deals will collect your personal information at the time of Purchase and may pass these details onto the Business whether on your behalf of for another purpose.
3.11 In the event that you provide GIVE Me Deals with incorrect contact or delivery details, the Deal may be delivered to the incorrect address and neither GIVE Me Deals nor the Business accept any responsibility in this regard.

  1. PURCHASE OF DEAL

4.1 You may access the App to view Deals and Purchase a Deal.

4.2 All Purchases are:

  1. only able to be redeemed once (unless otherwise stated);
  2. non-transferable (unless otherwise stated);
  3. only redeemable with the relevant Business and not GIVE Me Deals; and
  4. only valid for one person (unless otherwise stated).

4.3 In order to redeem a Purchase, you must present the Receipt to the Business within the redemption period as defined on the Deal.

4.4 Unless expressly stated in the Deal, the Receipt does not entitle you to receive the Deal at a specific time. You may need to make a booking with the Business in order to redeem your Receipt and we recommend that you contact the Business to arrange this.

4.5 If you redeem the Receipt for goods and/or services other than the Deal you will not be entitled to a credit, cash refund or new Receipt.

4.6 GIVE Me Deals may facilitate collection of booking fees on behalf of the Business.

4.7 The Receipt is solely your responsibility. GIVE Me Deals will not be liable for lost or stolen Receipts or for retrieving Receipt reference numbers.

4.8 Receipts are redeemable in their entirety only.

  1. DELIVERY OF ORDERS
  2. Pickup & Collection of Orders
    In the event that you nominate to pick-up your Order at the time of placing your Order, the following terms apply:
    (a) Pick up options for Deals will be as set in the App. Once the Business has accepted your Order and we have received on behalf of the Business a valid payment in full for the Order the Business will endeavour to process, and have your Order ready for collection within the timeframes as specified on the App and chosen by you however we nor Businesses are unable to guarantee that your Order will be ready within these timeframes.
    (b) Please note that all pickup processing times listed on the App are an estimate time of collection only and to the extent permitted by law, we are not responsible for any delays experienced or Loss suffered as a result of delays.
    (c) Please ensure that you collect your Order within 24 hours after we or the Business inform you that your Order is ready. If you fail to collect your Order within this time, then unless you make arrangements with the Business for late collection, the Business will assume you have cancelled your Order. This means that the Business can require you to pay a re-stocking fee or, in the case of specially ordered or custom-made Deals, forfeit any deposit/payment you have made in which case you will not be entitled to a refund. The Business may need to verify your identity upon collection.
    (d) Pick-up is only available during business operation hours and subject to any terms given by the Business on the App at the time you choose pickup options.
  3. Postage & Delivery of Orders
    In the event that you nominate to have your Order delivered to you at the time of placing your Order, the following terms apply:
    (a) You must ensure that you provide the App with an accurate address and telephone number to ensure that your Order arrives at the correct location.
    (b) Postage and delivery options include:
    • Standard Postage: which includes postage made by a nominated delivery courier of the Business.
  1. Once the Business has accepted your Order and we have received on behalf of the Business a valid payment in full for the Order, either the Business or an independent Delivery Driver (depending on your selected delivery options) will endeavour to deliver your Order within the timeframes as specified on the App.
  2. Please note that all delivery times listed on the Platform are an estimate time of delivery only and although we offer a delivery guarantee (as outlined in clause 7) neither we nor the Business are responsible for any delays experienced or loss or damage suffered as a result.
  3. If you are not available to take delivery of the Order within a reasonable period of time from the time the Delivery Driver or nominated Business courier arrives at your address, you give the Delivery Driver or nominated Business courier the authority to leave the Order unattended at the delivery address you nominated for delivery. The Delivery Driver will place the item in a reasonable location and provide photographic evidence of the Delivery via the App. In doing so the Delivery Driver nor Business will be held liable for any Loss suffered in connection with the Order being left without signature.
  1. USER OBLIGATIONS

6.1 When using the App, you acknowledge and agree that:

  1. GIVE Me Deals does not guarantee the completeness, accuracy, currency or reliability of Deals. You must make your own investigation into the accuracy of Deals;
  2. you are responsible for reading the full Deal and any linked terms and conditions before committing to purchase;
  3. you will not reproduce, resell or otherwise deal commercially with the Receipt;
  4. the Business (and not GIVE Me Deals) is the seller, supplier and/or provider of the Deal;
  5. GIVE Me Deals merely provides a platform for Users and Businesses to interact, and is not responsible for any negotiations or disputes arising as the result of a Deal or Purchase of a Deal which are the subject of a contract to which GIVE Me Deals is not a party;
  6. any purchase/arrangements entered into with a Business and/or a Delivery Driver is at your own risk;
  7. the Business is solely responsible for providing the Deal;
  8. the Business may in their discretion, withdraw or cancel the Deal at any point in time;
  9. GIVE Me Deals assumes no responsibility for a Businesses’ compliance with Applicable Laws;
  10. GIVE Me Deals has the right to share your personal information with Businesses and Delivery Drivers and other related parties as necessary or desirable for the fulfilment of these Terms and Conditions;
  11. under no circumstances is the Business or a Delivery Driver acting as an agent of GIVE Me Deals; and
  12. we assume no responsibility for a Business’ or Delivery Driver’s compliance with Applicable Laws

6.2 As a condition of your use of this App, you warrant that you will not use this App for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.

6.3 You may not use this App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of this App.

6.4 In using our App and our Services, you must not:

  1. provide any false, inaccurate or misleading Information;
  2. assign your Account to another User without our consent;
  3. commercialise the App or any information or software associated with the App, except with the written consent of GIVE Me Deals;
  4. provide any Information that infringes any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy, or that is defamatory, trade libelous, unlawfully discriminatory, threatening or harassing;
    (e) upload or provide any Information that contains any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this App;
  5. create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
  6. damage the credibility or integrity of the App or GIVE Me Deals, or dilute, tarnish, or otherwise harm our brand in any way;
  7. breach or violate any of our policies;
  8. link directly or indirectly to or include anything that:
  9. you do not have a right to link to or include, or
  10. could cause us to violate any Applicable Laws;
  11. copy, store or otherwise access or use any Information contained on the App for purposes not expressly permitted by these Terms and Conditions;
  12. use the App for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the App, or in a manner that falsely implies GIVE Me Deals endorsement, partnership or otherwise misleads others as to your affiliation with GIVE Me Deals;
  13. use the App in connection with the distribution of unsolicited commercial email ("spam") or advertisements.
  1. FEES AND PAYMENT
    GIVE Me Deals Fees

7.1 GIVE Me Deals reserves the right, in its sole discretion, to charge Users a fee, and to modify or terminate any fees, services, or charges on the App at any time and without prior notice. If we charge a fee for any Service, the fee payable by you for that Service is the then current fee stated on the App at the time the Service is purchased. The time for payment of a fee will be as stated on the App from time to time.

Authorisation

7.2 You authorize GIVE Me Deals, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport),
your date of birth, and other information requiring you to take steps to confirm ownership of your email address and payment or payout methods (e.g. credit card, debit card, PayPal, or direct deposit).

Business Payments

7.3 Any payment made by you in respect of a Deal is deemed to be a payment made directly to the Business.

Delivery Fees

7.4 If delivery is chosen in the App, a delivery fee will be added to your Order.

7.5 Any payment made by you in respect of the delivery fee is deemed to be a payment made directly to the Delivery Driver or to the Business (for standard postage). We reserve the right to deduct any processing fees from any such amounts paid to the Delivery Driver or Business.

General

7.6 Unless otherwise stated on the App, fees payable by you are exclusive of any goods and services tax, value added tax or similar tax and such taxes must be paid by you to us at the same time as payment of our fees.

7.7 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such fees at the time of Purchase.

7.8 Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Australian dollars.

  1. REFUNDS, RETURNS AND CANCELLATIONS

8.1 Unfortunately, given the nature of the Services, to the extent permitted by law and except as expressly set out in these Terms and Conditions, any fees paid to us are non-refundable under any circumstances. For the avoidance of doubt, you are not entitled, and GIVE Me Deals will not be liable to provide, a refund from GIVE Me Deals for any Purchase of the Deal.

8.2 All payments made to us are deemed to have been paid to the Business. We are not responsible for any refunds which a Business is required to give to another User. Despite this, we may in our discretion provide for a complimentary refund system to facilitate refunds to occur, however this system is used at your own risk and we accept no responsibility in this regard.

8.3 The Business is solely responsible for the supply and provision of returns and refunds of Deal under the App. Each Business may have their own refund, return and cancellation policy and we encourage you to check with the Business before making a purchase as to what their policies are. Whilst Businesses are in certain cases obliged by law to provide a refund, return or permit a cancellation, we make no representations that each Business will comply with such obligations and accept no responsibility if they fail to do so.

  1. ACCESS AND TERMINATION
    1 You may terminate access to the App at any time by uninstalling the App or closing your browser.

9.2 We reserve the right, in our sole discretion, to terminate your access to this App or any part of it at any time, for any reason without notice.

9.3 We reserve the right to withdraw, or amend, update or change the functionality or content of the App at any time, without notice. We will not be liable if for any reason the App is unavailable at any time or for any period of time or if at any time any functionality of the App is restricted.

  1. INTELLECTUAL PROPERTY RIGHTS

10.1 Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of GIVE Me Deals at all times.

10.2 Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the App on each mobile device or use the App on an internet browser on your computer or mobile device that you own or control and run such copy of the App solely for your own personal use and as permitted by the usage rules as set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.

10.3 You agree that:

  1. you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the App, publicly display (other than on the App) any GIVE Me Deals Intellectual Property except with the prior written permission of GIVE Me Deals or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;
  2. GIVE Me Deals owns all Intellectual Property of the App and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
  3. if you add any Information to the App of any nature whatsoever that Information is personally attributable to you and you warrant that you have the right to distribute that Information. You grant us a license to use such Information in any way connected with the Services;
  4. GIVE Me Deals is not liable or responsible for any Loss that you may experience in submitting Information to GIVE Me Deals or for GIVE Me Deals use of your Information in accordance with the license granted.
    10.4 GIVE Me Deals may in its sole and absolute discretion refuse or remove any Information from the App.
  1. RELATIONSHIP OF PARTIES

11.1 Nothing in these Terms and Conditions or your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between GIVE Me Deals, Business and Users.

  1. PRIVACY

12.1 Any personal information you provide via your use of the App is handled in accordance with our Privacy Policy.

  1. DISCLAIMER
  2. You acknowledge and agree that your use of this App is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this App for any purpose, and to the maximum extent permitted by applicable law, anything contained in this App is without warranty of any kind. We do not warrant that the functionality or operation of the App will be uninterrupted or free from error, that any defects in the App will be corrected, or that the App or the servers that make it available are free of viruses or other harmful conditions or components.
    13.2 You acknowledge and agree that:
    (a) GIVE Me Deals cannot and does not confirm nor warrant or guarantee each User’s purported identity or location;
    (b) no information provided by GIVE Me Deals constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws;
    (c) GIVE Me Deals does not guarantee that the App will be error-free or uninterrupted, or that your use of the App will provide any specific results; and
    (d) GIVE Me Deals does not represent or warrant that your use of the Services will meet your particular requirements, whether disclosed to GIVE Me Deals or not.

13.3 GIVE Me Deals reserves the right, in its sole discretion to modify or terminate the App at any time, without notice.

13.4 GIVE Me Deals does not take any steps to confirm the accuracy of Users or Deals. For example, GIVE Me Deals makes no warranties that any Deal or Business actually exist. The principle of “let the buyer beware” applies to any purchases.

13.5 You acknowledge and agree that GIVE Me Deals is not engaged in the Deal or sale of Deals nor is it engaged in the provision of the delivery of Deals and is not a party to any transaction arising or entered into between Users. As a result, we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:

  1. any Users and their Deals;
    (b) any information provided by Users to each other;
    (c) the ability of Users to undertake their respective obligations;
    (d) the fees charged by the Business.
    13.6 Because of the foregoing, in the event that you have a dispute with one or more other Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

13.7 Although we use reasonable endeavours to secure the App, we do not guarantee the security of the App, our records, or your Information.

13.8 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this App.

  1. EXCLUSION & LIMITATION OF LIABILITY
    1 Subject to the other terms of this clause, GIVE Me Deals excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
    2 Without limitation to clause 14.1, GIVE Me Deals will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
    (a) your use or inability to use the App in any way;
    (b) your reliance on the App;
    (c) any Deals;
    (d) any act, omission or default, whether negligent or otherwise of any User or third party;
    (e) any Loss occasioned by any User or third party; or
    (f) any action taken on your Account.
    3 Subject to the other terms of this clause, GIVE Me Deals maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by GIVE Me Deals of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to $1.
    4 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of GIVE Me Deals in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
    5 If GIVE Me Deals is liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, GIVE Me Deals total liability to you for that failure is limited to, at the option of the GIVE Me Deals the resupply of the Services or the payment of the cost of resupply.
    6 Without limitation to the other terms of this clause, GIVE Me Deals excludes any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
    7 Notwithstanding anything else in this clause, GIVE Me Deals liability will be reduced to the extent the loss or damage is caused by or contributed to by you or any third party.
    8 Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
    (a) use your best endeavours to recover that sum before making the claim;
    (b) keep GIVE Me Deals at all times fully and promptly informed of the conduct of such recovery; and
    (c) reduce the amount of the claim to the extent that sums are recovered.
    9 Subject to the other terms of this clause, GIVE Me Deals disclaims all liability to you or any other person or entity for any Loss howsoever arising as a result of providing the Services. You hereby release GIVE Me Deals and its Related Entities from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.
  2. INDEMNITY
  3. You agree to indemnify and hold GIVE Me Deals and its Related Entities, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and claims made by third parties, due to or arising out of:
    (a) your use or inability to use the App in any way;
    (b) any Deals purchased by you (and any claims in relation to the Deals in general);
    (c) any disputes with a Business and/or Delivery Drivers;
    (d) any claim arising out of a Business’ misuse of Consumer Information or the terms and policies they incorporate by reference;
    (e) any communications and/or arrangements made with other Users on the App;
    (f) any User’s breach or negligent performance or failure or delay to provide any Deals or perform their obligations under a relevant arrangement;
    (g) any Loss, damage or claim made against us by a third party:
  • for actual or alleged infringement of a third party's intellectual property rights arising out of the supply or use of the App by you;
  • for death, personal injury, illness or damage to property resulting from Deals sold or purchased by you,
  1. the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;
    (h) any fine or penalty imposed for a breach of any Applicable Law in connection with the purchase of the Deals by you;
    (i) the enforcement of these Terms and Conditions;
    (j) any breach of any of these Terms and Conditions or any act or omission by you; or
    (k) any action taken on your Account.
    15.2 Any amounts payable under this indemnity must be paid us immediately on demand without set-off or counter claim.
    15.3 If a payment due under this clause is subject tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.
    15.4 Except where expressly stated the contrary in these Terms and Conditions, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.
    15.5 It is not necessary for us incur expense or make payment before enforcing a right of indemnity under this clause.
    15.6 The indemnities in this clause:
    (a) are continuing obligations on you, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
    (b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
  1. MISCELLANEOUS

16.1 Accessing information from the App is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.

16.2 These Terms and Conditions are governed by the laws of Western Australia, and the parties submit to the jurisdiction of the Courts of Western Australia and relevant Commonwealth courts competent to hear appears from them.

16.3 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
16.4 GIVE Me Deals may transfer all or any part of its rights, interest, obligations or liabilities under these Terms and Conditions at any time either by assignment or novation without prior notice to you.

16.5 If a clause of these Terms and Conditions is void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.

16.6 You agree that these Terms and Conditions and all incorporated agreements may be assigned by GIVE Me Deals in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining GIVE Me Deals prior written consent.

16.7 Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of GIVE Me Deals.

16.8 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.

16.9 These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.