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Terms & Conditions
These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree and acknowledge to be bound by these terms and conditions, including the privacy policy and/or any guidelines posted on the website. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, which may change from time to time without prior notice to you.
TERMINOLOGY
In these terms and conditions, the expressions “we” , “us” and “our” are a reference to Love Gold Coast Deals Pty Ltd ACN 152131630 the owner of the website.
In these terms and conditions the expressions “you, yourself” is reference to the end user.
Website means
www.lovegoldcoastdeals.com.auAMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
AGREED USER
In order to be able to place an order on this website, you must become an agreed user. To become an agreed user, you must complete your registration details in the manner described on the website.
We reserve the right to terminate your access at any time if you breach these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
ORDERING PROCEDURE
You may offer to purchase goods or services described on this website for the price specified on this website.
Your order must contain your name, email address, credit card details and any other ordering information specified on this website.
Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. If we have not responded to you within seven days, your offer will be deemed to be rejected.
We do not provide the goods or services that you purchase on this website. Our business is in selling to you vouchers that may be presented to the actual providers of those goods or services in exchange for the specific goods or services that you purchase. We give no 2 undertaking as to the availability of products or services advertised on this website.
Delivery of the vouchers to you will be effected in the manner described on this website and may include delivery via email within twenty four (24)hours of purchase.
Payment must be effected in the manner described on the website. Prices are exclusive of goods and services tax.
The goods or services are offered for sale only to persons who can make legally binding contracts.
CANCELLATION DUE TO ERROR
You acknowledge that despite our reasonable precautions, products or services may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and we have received your payment.
We reserve this right up until the time you redeem the goods or services you purchase. If a cancellation of this nature occurs after you have been charged for the purchase, within seven days from the date of purchase, we will issue a credit to the credit card given for the purchase of the goods or service. Should you wish for the credit to be applied to another credit card not used for the original purchase, you must confirm these details in writing to us. We accept no responsibility for rejection of the credit to any credit card given by you.
YOUR CONDUCT
Should interaction by you be permitted or allowed on our website, you agree to abide by the following terms and condition in relation to such interaction:
we reserve the sole discretion to amend, adapt and remove any content from our website without notice at any time;
we do not warrant that we will respond to questions or comments submitted by you;
any content that you post or transmit to our website is and will be treated by us as non-confidential and non-proprietary and we may use such content without restriction;
when you post or transmit any content to our website, you assign copyright which subsists in such content to us;
you must not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;
you must not impersonate any other person;
any content that you provide may be posted on the website or social network sites for any other end users of the website to read;
if you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialise any information, products or services from such downloaded content.
You agree that you will not post or transmit on or to our website any content that:
is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
incites or encourages conduct that is unlawful;
contains information that is false or misleading;
contains unsolicited advertising or promotional materials
contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;
contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
You acknowledge that we have the right to monitor the contents of the entire Website, including but no limited to chat rooms, emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire Website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the Website will also occur to ensure compliance with all applicable laws and regulations.
We reserve the right to remove any content posted on the website.
DISCLAIMER AND LIMITATION OF LIABILITY
In this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates and related third parties.
We are unable to guarantee that the use of the website will be uninterrupted or error free and you agree that use of the website is at your sole risk.
We do not accept responsibility for any loss, damage, injury, expense or cost, however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.
We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.
We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.
We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content which you post or transmit to our website.
If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however caused or incurred, arising from the downloading or subsequent use of the downloaded content.
You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the service offered over this website. You acknowledge that all responsibility and any liability for loss or damage suffered from use the goods/services sold over the website, through the vouchers, rests solely with the advertisers. You acknowledge that we do not provide the good/services advertised on the website.
We offer no warranties or undertaking in relation to goods and/or services sold or listed on the website. This includes any warranty or undertaking as to the quality, fitness, suitability, appearance, defect, safety, reliability and durability of the product and/or service. You acknowledge that we are only marketing/advertising agents for the providers of such goods and/or services and that we only sell to you vouchers that you may present to redeem such goods and/or service. You accept that you consume such goods and/service at your own risk. We accept no liability for any loss, damage, injury, expense or costs, however caused or 4 incurred, that you suffer as a result of you acquiring such goods and/or services through our website.
You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you as a result of unredeemed vouchers.
You acknowledge that you are the sole party responsible for ensuring compliance with the terms and conditions of the vouchers including payment, redemption and compliance with expiration dates. We accept no responsibility for your failure to redeem the voucher within the time specified or pursuant to the conditions detailed on the website or the voucher. You acknowledge that the sale of goods/services advertised on our website are through vouchers and that the vouchers contain terms and conditions which must be complied with.
You acknowledge that we make no representation as to the ownership of title in goods advertised on the website or as to the ability of providers of goods or services to complete a transaction.
To the extent permitted by law, any condition, warranty or statutory guarantee which would otherwise be implied or imposed into these terms and conditions is hereby excluded. Where legislation implies or imposes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included but our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
SPECIFIC WARNINGS
In this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates, subcontractors and related third parties.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in 5 connection with its advertisement.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
COPYRIGHT
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website;
without our written permission.
An abuse of this provision may result in copyright infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.
TRADE MARKS
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks, whether registered or not, in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).
We provide no license or assignment of any Trademark and the ownership of the Trademark resets with us, or if licensed to us, to the owner of that Trademark.
An abuse of this provision may result in trademark infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.
LICENSE
By submitting, posting or by otherwise placing any material onto the website you grant to us in respect of all material a royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.
By submitting, posting or by otherwise placing any material onto the website, you warrant that you are the owner of such material and where you are not the owner, you warrant that the owner has provided to us royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
The right to use this website is personal to you and can not be transferred to any other person.
We maintain the ownership of all copyright/trademark material downloaded from our website.
LINKED WEBSITES
This website may contain links to other websites ( “linked websites” ). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
PRIVACY POLICY
We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.
HOW WE HANDLE E-MAILS
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will 7 take reasonable steps to preserve the security of such information.
TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
DISPUTE RESOLUTION
Any dispute or difference whatsoever arising out of or in connection with these terms and conditions (‘Dispute’) shall be resolved as follows.
Reference to ADR
The parties shall first refer the Dispute to mediation (‘the ADR reference’) by a Law Society Nationally Accredited Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the Standard Mediation Agreement approved by the Queensland Law Society.
The ADR reference shall commence when any party gives written notice to the other(s) specifying the Dispute and requiring its resolution under this clause.
Any information or documents obtained through or as part of the reference under this sub-clause shall not be used for any purpose other than the settlement of the Dispute under this sub-clause.
Final Resolution
If the Dispute is not resolved within (21 days) of the commencement of the ADR reference either party may then, but not earlier commence proceedings in any court of competent jurisdiction.
Venue
Any mediation under this clause shall be held at the offices of the Queensland Law Society unless the parties otherwise agree.
Contract Performance
Each party shall continue to abide by these terms and conditions notwithstanding the existence of a dispute or any proceedings under this clause.
TERMS OF SALE
By agreeing to purchase the products and/or services from our website, you agree and acknowledge to be bound by the terms and conditions of the websites, the privacy policy and the guidelines contained on the website.
You are required to pay for the purchase of the products by the methods detailed on the website.
You acknowledge that the products and or services are not purchased through us, but through the seller of the products and services. You acknowledge that we are the advertising company providing the information for the sellers and that the seller is responsible for providing the products and/or services to you. You acknowledge that the seller is the party responsible for supplying the product or service to you upon the presentation of the promotion voucher. The seller is the entity responsible for redeeming all vouchers purchased on the website. 8.
PRODUCTS AND SERVICES
Under this clause, “seller” means the provider of the products and/or services that you purchase over the Website.
General Terms
You must not reproduce, sell or trade a voucher unless expressly authorised under the law.
We are not responsible for vouchers or voucher references that are lost, stolen or damaged. The sellers are not responsible for vouchers or voucher references that are lost, stolen or damaged through no fault on their part.
Vouchers are not redeemable for cash or credit of equal value, unless otherwise provided for by the seller or required by law.
Vouchers may not be used in conjunction with other vouchers, coupons, certificates or promotions, unless otherwise provided for by the seller.
Vouchers are only redeemable by the expiry date specified on the voucher. We are not responsible for vouchers or unused voucher values that are not fully redeemed by the expiry date. The seller may be required by law to redeem any unused cash value beyond the expiry date (the cash value is the actual amount that you paid for the voucher and is usually less than the face value of the voucher). If the seller is required by law to redeem such cash value, it is not obliged to provide you with cash or credit of equal value for the difference between such cash value and the face value of your voucher. Nevertheless, you acknowledge and accept that we as marketing agents are not subject to these laws and we are not liable for any consequence resulting from any failure on the seller’s part to comply with these laws.
You must not attempt to redeem a voucher in contrary to the terms and conditions printed on the voucher. Such redemption will render the voucher invalid to the extent permitted by law.
RESTAURANTS
Without limiting other clauses and sub-clauses, the terms and conditions provided under this sub-clause apply only to vouchers that are redeemable for food and/or beverages, unless expressed to the contrary.
Redemption of vouchers for alcoholic beverages is subject to the discretion of the seller and the applicable law. You and the seller are solely responsible for compliance with the relevant law. We are not liable for any consequence that results from any failure on the seller’s part or on your part to comply with the relevant law.
Vouchers are only redeemable for dine in, unless otherwise provided for by the seller.
Vouchers are not redeemable for payment of taxes, tips or prior balances, unless otherwise provided for by the seller.
DELIVERY
Once you click on the purchase button for a deal, you will be directed to our purchase page, where you will be required to enter your payment details. By confirming your payment details, you agree to offer to purchase the products and/or services described in the deal for the specified price.
Upon accepting your offer, we will send an electronic copy of the voucher that you purchased to the email address that you designated during your registration as an agreed user.
To redeem a voucher, you must abide by the terms and conditions that are printed on the voucher. These terms and conditions are stipulated by the seller and will be identical to the terms and conditions that we publish on the Website in connection to the deal that you purchase. These terms and conditions will provide for the manner in which you may redeem the voucher.
You agree that we may provide to the sellers information or access to information regarding vouchers that we sell on the Website. You acknowledge that the sellers may keep and maintain records of redeemed vouchers.
REFUNDS
You acknowledge that for each voucher that you purchase on the Website, the seller is solely responsible for redeeming the voucher. You agree that all vouchers that you purchase on the Website are non-refundable and cannot be exchanged for cash or credit, unless otherwise stated or required by law.
We will offer refunds or exchanges for vouchers if we made a mistake in relation to the promotion, sales or provision of the vouchers, at our sole discretion.
COMPLAINTS
Any complaint in connection with the provision of products and/or services should be communicated directly to the seller of those products or services. We are not responsible for the provision of those products and/or services and are unable to assist you with the resolution of any related problem or dispute.
GOVERNING LAW
These terms and conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
GENERAL
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
We accept no liability or responsibility for any person accessing your account as a result of you failing to protect the confidentiality of your password.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Australian Competitions Club
