Standard Terms and Conditions
1. User agreement
1.1 By visiting and/or using www.actiondailydeals.com website (the “website”) you are deemed to have read the terms and conditions and agree to be bound by these terms and conditions
1.2 Acceptance of these terms and conditions constitutes an agreement which creates a legally binding contract between you and Action Daily Deals.
1.3 This agreement is between you, the visitor to this website and Action Daily Deals (“FDD”, “we”, “our”, “us”)
1.4 Anyone who visits or transacts business on the website we will use the expressions “you”, “user”, “member” and “visitor”.
1.5 Action Daily Deals provides its members with the opportunity to purchase a voucher/s for goods or services (“voucher”) supplied by a third party merchant (“merchant”) at discounted prices (each a “deal”)
1.6 We reserve the right to make changes to the website and to these terms and conditions from time to time at our sole discretion. By continuing to use the website after we make any changes to it or to the terms and conditions, you agree to be bound by all of the changes we make.
1.7 We are not obliged to notify you prior to any changes we make to the website or to our terms and conditions. It is your responsibility to check our terms and conditions from time to time to acquaint yourself with them.
2.1 In order to access and purchase a deal from the website, you will need to register as a member of Action Daily Deals and activate an account.
2.2 At the time of registering for a Action Daily Deals Account you agree to provide us with your name, address and a valid email address. This personal information provided by you must be up to date, accurate and complete information and you agree to update your account for any changes to the information you have given to us as soon as practicable after that information changes.
2.3 You are required to create a username and password at the time of registering for an Account. You are solely responsible for the activity that occurs on your account, and you will be solely responsible to keep your password secure. Action Daily Deals does not accept any responsibility for purchases made on your Action Daily Deals account by the unauthorised use of your password or your Action Daily Deals account.
2.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately and you agree that you will be responsible to immediately change your password to protect your account.
2.5 Action Daily Deals reserves the right to refuse registration to any user at our sole discretion.
3. Legal Capacity
3.1 By making a purchase on Action Daily Deals, you warrant that you are over eighteen (18) years of age and acknowledge that you are entering into a legally binding contract with us in respect to any Deal.
4. Limitation of Liability
4.1 Subject to the implied statutory warranties provided to you under any applicable consumer protection laws, Action Daily Deals excludes any warranty or guarantee as to the content of the Website including any inaccurate information; a Voucher; or any Deal offered and/or the goods and/or services that are the subject of the Deal.
4.2 Action Daily Deals is not liable to you or to any third party for any loss or damage whatsoever of any kind sustained by you, however caused, suffered either directly or indirectly as a result of using the Website; purchasing a Voucher; a Deal; and/or the goods and services that are the subject of a Deal.
4.3 We are not responsible for the content, images or information displayed on our Website regarding any Deal. Any loss suffered by you as a result of the content, images or information should be properly directed to the Merchant supplying the goods or services the subject of the Deal.
4.4 Where Action Daily Deals liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the Voucher purchased or to such other remedy.
5. Supply of website services to You/Termination
5.1 Action Daily Deals reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
5.2 We may terminate your account or restrict your access to the website if we believe on genuine grounds that there has been a breach of this agreement by you. If we do this, you may to the extent permissible at law be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
6.1 We will provide the services that we provide with due care and skill but we do not warrant to you that the website will be provided without fault or disruption.
6.2 You agree and acknowledge that unless indicated to the contrary, Action Daily Deals is not the supplier of the goods and/or services that you may purchase through the Voucher system facilitated by the our website. The ultimate providers and suppliers of those goods/ services are the relevant Merchants of the goods/services for which the Vouchers are redeemable. It is those Merchants (and not Action Daily Deals) who are responsible for providing the services purchased through the website.
6.3 To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b)you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to, and use of, the website and any purchases of goods or services acquired through the website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from our website;
(f) any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
(g) failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites..
6.4 The good or service that a service provider provides to you is subject to consumer guarantees under the Australian Consumer Law. The service provider must honour those consumer guarantees.
6.5 The service that we provide to you by supplying a voucher is subject to consumer guarantees that relate to that voucher service. We must honour those consumer guarantees but are not responsible for breaches of consumer guarantees by a service provider.
6.6 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of any fraudulent or unauthorised web address. The only authorised access point is “http://www.actiondailydeals.com“.
6.7 Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Action Daily Deals by you for the voucher in question.
6.8 Some services provided by providers may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such service you should inform yourself of the risks and/or specific skills or qualifications involved.
6.9. It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. Action Daily Deals accepts no liability in this regard.
7. Use of website by you
7.1. You agree not to access or attempt to access any part of the website by any means other than through the interface provided by us.
7.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Action Daily Deals prior written consent.
7.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
7.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
7.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
8. Information on this website
8.1. Information about goods and services promoted on the website, is based on material provided by the merchants and product manufacturers of these goods and services and in good faith Action Daily Deals relies upon the information supplied to it by merchants and does not independently check the accuracy of the information supplied.
8.2. You understand and agree that except to the extent required by law, we do not accept liability in respect of errors or omissions caused by incorrect or inadequate information supplied to us or by merchants or manufacturers
8.3. You agree to make your own enquiries to verify information provided about the goods and services promoted on the website and to assess the suitability of these goods and services before you purchase a voucher on the website. Your participation in any provision of goods and or services offered by a merchant is conditional upon your acceptance of the provider’s terms and conditions as notified at the time of booking.
8.4. You agree and acknowledge that
- deals for goods or services advertised on an Australia-wide basis may not necessarily operate in remote areas;
- where providers offer services on the basis of ‘sessions’ or otherwise on time basis the advertised duration may be indicative and approximate;
- providers are under no obligation to give priority to you in respect of the booking or scheduling of services using a Action Daily Deal voucher and you may be required to take your turn alongside the provider’s other customers. This may necessitate a waiting time in scheduling your booking and/or on the date of voucher redemption;
- where providers offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
- the providers of certain types of experiences may impose conditions as minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to obtain details of any restrictions that may apply from the provider prior to confirming any booking and confirm that you are able to comply;
- photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
- a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
- restaurant menus advertised on the website are indicative only and subject to change without notice; and
- where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
9.1. The promotion of goods or services on the website does not constitute an offer to sell or guarantee the availability of vouchers redeemable for these goods or services. It is an invitation to treat only. The availability of any goods or services promoted on the website. may be subject to Action Daily Deals receipt of a minimum number of orders for that deal, having been received by us. Any pre-determined number of vouchers required to be purchased before the goods and services promoted on the website are available for purchase may be determined by third party suppliers / merchants.
9.2. Orders placed by you via the website, are offers to purchase a voucher for particular goods or services pursuant to the terms of this agreement, together with any third party supplier/ merchant specific terms and conditions at the price specified (including delivery and other charges).
9.3. We reserve the right to accept or reject your offer to acquire a voucher for reasons including, but not limited to, the inability to meet minimum order requirements referred to in clause 8.1, the unavailability of any product, service or deal, an error in the price or product description, or an error in your order. If your order is rejected or not accepted, we will provide a full refund of any payment received.
9.4. Once an order for a voucher is submitted, you cannot cancel your order.
9.5. Where you purchase a Action Daily Deal voucher as a gift or otherwise intended for someone else, you remain liable for payment and responsible for compliance or procuring compliance by the gift recipient with the merchants terms and conditions.
10.1. The prices of goods and services, delivery and other charges shown are in Australian dollars and include GST where applicable.
10.2. Prices of goods and services are current at time of display but are valid only for the 24 hour period (or any extension provided by us) in which they are available for purchase.
11.1. All payments must be received in full prior to a voucher being issued. Please read the Payment section of the website for payment options.
11.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold vouchers against your order.
12. Delivery of Action Daily Deals Voucher
12.1. Your Action Daily Deal voucher (for the goods or services shown on your order confirmation) will be accessible via your member account with Action Daily Deals.
12.2 We cannot be held liable nor responsible for any loss suffered as a result of a Action Daily Deals voucher not being received by you due to circumstances beyond our reasonable control, for example, because the email was blocked by a firewall or filter, or where you provided us with the wrong email address.
13. Voucher redemption / Supply of goods/services
13.1. The services supplied by Action Daily Deals in exchange for your payment are the provision of vouchers subject to the terms and conditions of this agreement. Subject to the other terms and conditions of this agreement, any Action Daily Deal voucher you purchase shall be redeemable for the specified goods or services only from the merchant and shall only be available for redemption during the period specified on our website. The merchant, and not Action Daily Deals, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any Action Daily Deal voucher you purchase.
13.2. To the extent permissible at law, Action Daily Deals makes no guarantee, warranty or representation regarding the standard of any goods or services to be provided the provider.
13.3. The Action Daily Deals voucher does not function as a stored-value card and cannot be redeemed incrementally.
13.4. Subject to clause 15, the Action Daily Deals voucher cannot be exchanged or redeemed for cash.
13.5. The Action Daily Deals voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the provider.
13.6. Neither Action Daily Deals nor the merchant is responsible for lost or stolen vouchers or fraudulent use (by a person other than Action Daily Deals or the merchant) of the voucher’s unique reference number.
13.7. If you have any complaints relating to a merchant whose goods or services have been promoted through the website, please bring this to both the merchants and Action Daily Deals attention as soon as possible. Whilst we are not legally liable to you, in relation to any claim you may have against a merchant whose goods or services have been promoted through the website, Action Daily Deals will use its reasonable endeavours to try and satisfactorily resolve any dispute you may have with any such merchant.
14. Bookings and cancellations
14.1. All services promoted on the website are offered by merchants subject to availability. Some small group or individual “experiences” will require booking in advance. For the redemption of all vouchers, we recommend making bookings at least 2 weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
14.2. Bookings for the redemption of services in exchange to the supply of vouchers are made subject to any provider policies.
14.3. If you cancel your booking you may incur a cancellation fee payable to the provider. Short notice cancellations may result in the cancellation of your Action Daily Deals voucher if the merchant is unable to fill your space.
14.4. Providers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. We cannot be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
15. Voucher expiry and extension
15.1. The Voucher expires on the date indicated on the voucher.
15.2. Expired vouchers are non refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the merchant.
16. Changing your mind and refunds
16.1. Please choose carefully when purchasing a voucher because we do not normally give refunds if you simply change your mind or if you make a wrong decision. If you have any problems using your voucher at a business please contact firstname.lastname@example.org . It is the responsibility of the merchant whether they issue a refund for a good or service.
17. Links to third party websites
17.1. Our website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.
17. Email Policy
18.1 You acknowledge that when you register to use this website, you are happy to receive emails from Action Daily Deals and for receiving information on deals via the Action Daily Deals Newsletter and other forms of communication from Action Daily Deals.