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Terms of Use

Welcome to the Website www.somuch.com.au
Version 1.0 [ 07/01/2011 ]

Please read the following Website Terms and Conditions (“Terms”) carefully as the provisions contained herein govern your rights and obligations in respect of the access and use of the Website and the purchase of deals offered by merchants through or in connection with the Website. Please note, in particular, clauses 7 and 8 of these Terms which govern the purchase, use and redemption conditions of the deals displayed on the Website.

 

  1. ACCEPTANCE OF TERMS

    1. This Website is owned and operated by So Much Pty Ltd (ACN 145 926 316), a company registered under the laws of the state of Queensland or its successors or assigns (referred to as “Provider”, “us”, “we” or “our”).

    2. The terms and conditions set below apply to the following category of users:
      (a) any persons viewing or otherwise accessing the Website (“Visitor”);
      (b) any persons becoming a member of the Website by registration or purchase of a deal offered by a Merchant through or in connection with the Website (“Member”); and
      (c) any businesses or organisations advertising or promoting through or in connection with the Website (“Merchant”); or All such persons are collectively referred to as “User”, “you” or “your”.

    3. By becoming a User, you hereby acknowledge and agree to be bound by these Terms. This version represents the most current version of these Terms.

  2. DEFINITIONS AND INTERPRETATION

    1. In these Terms, the following terms have the following meanings:
      (a) Account means the account created by, or designated to, Members on the Website as part of the E-Commerce Facility purchase process;
      (b) Activation Minimum Target means the minimum number of Merchant Daily Deals which must be sold by the Merchant through or in connection with the Website to enable activation of the said deal;
      (c) Confirmation Email means the email issued to Members by the Provider confirming your purchase of the Merchant Daily Deal;
      (d) Merchant Daily Deal means the unique offer or promotion offered by a Merchant in respect of the Merchant’s products or services through or in connection with the Website;
      (e) E-Commerce Facility means the online facility established by the Provider in the Website for the purposes of facilitating the purchase of Merchant Daily Deals;
      (f) Intellectual Property means all worldwide intellectual property rights, including:
      (i) patents, copyrights, rights in circuit layouts, registered designs, trade or service marks, trade, business or company names or logos, indication of source or appellation of origin, and any right to have confidential information kept confidential;
      (ii) any application or right to apply for registration of, or assert or waive, any of the rights referred to in paragraph (i);
      (iii) trade secrets, ideas, concepts, materials, know-how and techniques; and
      (iv) derivative works in respect of any of the aforesaid;
      (g) Merchant means the business or entity offering or promoting a Merchant Daily Deal through or in connection with the Website;
      (h) Merchant Daily Deal Redemption Conditions mean the redemption and usage conditions imposed by a Merchant in respect of the Merchant Daily Deal;
      (i) Unique Deal Code means the unique identifying code issued by the Provider for each purchase of the Merchant Daily Deal made by Members;
      (j) Website means this website, being www.somuch.com.au.

    2. Unless the context otherwise requires:
      (a) headings are for ease of reference only and do not affect the meaning of these Terms;
      (b) words importing the singular include the plural and vice versa;
      (c) words that are gender neutral or gender specific include each gender;
      (d) an expression importing a natural person includes a company, partnership, joint venture, association, corporation, or other body corporate and a government agency;
      (e) a reference to a law includes a constitutional provision, treaty, decree, convention, statute, regulation, by-law, judgment, rule of common law or equity, or a rule of an applicable stock exchange and is a reference to that law as amended, consolidated, or replaced;
      (f) a reference to a document includes all amendments or supplements, replacements and novations of it and covers electronic documents;
      (g) a reference to a party to a document includes that party’s executors, administrators and permitted assigns;
      (h) other grammatical forms of defined words have corresponding meanings.

  3. ELIGIBILITY

    1. In consideration of your becoming a User, you represent and warrant that:
      (a) you are 18 years of age or older;
      (b) you have the capacity to form a binding contract;
      (c) you are not a person barred from accessing or using the Website under the governing laws of these Terms; and
      (d) your access or use of the Website does not violate any applicable law or regulation.

  4. DESCRIPTION OF SERVICES

    1. The Website offers Users a facility through which unique promotional and value packages offered by Merchants may be purchased.

    2. The Services may further include certain communications from the Provider and/or its licensors, such as service announcements and administrative messages. These communications are made to Members and are considered part of the terms of Membership of the Website.

    3. Unless explicitly stated otherwise, any new services, features, content or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to these Terms.

  5. WEBSITE ACCESS AND USE

    1. In accessing or using the Website in any way, you expressly acknowledge, agree and covenant that:
      (a) you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;
      (b) you understand that the Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by us and/or its licensors. We make no warranty that any errors in the Software will be corrected;
      (c) the Website is offered, supplied and provided on an "as-is" and “as available” basis, and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings;
      (d) you must not:
      (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
      (ii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
      (iii) interfere with, attempt to interfere with or disrupt the Website or servers or networks connected to the Website or associated services or disobey any requirements, procedures, policies or regulations of networks connected thereof;
      (iv) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
      (v) use profanity on the Website or submit any content that is false, obscene, defamatory, racist, sexist or which intentionally or unintentionally violate any applicable local, state, national or international law; or
      (vi) block, obscure, overwrite or modify any content on the Website;
      (e) you must not:
      (i) "stalk" or otherwise harass another;
      (ii) collect or store personal data about other Users; or
      (iii) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
      (f) in addition, you must not, in connection with the Website:
      (i) use intellectual property without the express permission of the person who owns the intellectual property;
      (ii) engage in or encourage, promote or procure other persons to engage in illegal activity;
      (iii) encourage, promote, facilitate or procure others to infringe copyrights, trademarks or other intellectual property rights;
      (iv) submit any content or information to us that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts or adversely affects the intended function of the Website including viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer programming / software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.

  6. WEBSITE CONTENT

    1. In viewing the contents of the Website, you expressly acknowledge, agree and covenant that:
      (a) the Website contains information, data, text, photographs, pictures, images, graphics, video, messages or other materials (“Content”) submitted by Merchants or posted by us for and on behalf of the Merchants, including Content relating to Merchant Daily Deals. The Content is the sole responsibility of the Merchant from which such Content originated. While the Provider uses its best endeavours to ensure the completeness of the Content, the Provider does not in any way guarantee the accuracy, integrity or quality of such Content;
      (b) in addition, the Website may also include Content posted or distributed by us, including FAQs and other information or messages, relating to Merchant Daily Deals. The information and opinions expressed in such Content have been supplied to the Provider by the relevant Merchant;
      (c) under no circumstances will the Provider be liable in any way for any of the Content specified in paragraphs (a) and (b), including, but not limited to, any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Services. You are not entitled to use them as a basis for any cause of action in law or otherwise against the Provider.

  7. PURCHASE OF MERCHANT DAILY DEALS

    1. In using the Services, you expressly acknowledge, agree and covenant that: all Merchant Daily Deals displayed on the website are offered by a Merchant. The Provider acts as a facilitator of such Merchant Daily Deals and is not an agent or partner of the Merchant in any form. Accordingly, your purchase of a Merchant Daily Deal through or in connection with the Website, including the quality of products or services offered by a Merchant and any other terms, conditions, warranties or representations associated with the Merchant Daily Deal, are solely between you and the Merchant and shall be governed by the Merchant’s own terms and conditions of sale;
      (a) you are not required to purchase any Merchant Daily Deals displayed on the Website. If you do purchase a specific Merchant Daily Deal, the Provider does not in any way guarantee the accuracy, integrity, completeness or quality of any products or services offered by a Merchant to which the Merchant Daily Deal applies;
      (b) under no circumstances will the Provider be liable in any way for any product or service of the Merchant, including, but not limited to, liability in respect of any errors or omissions of the Merchant or for any loss or damage of any kind incurred as a result of your transactions with the Merchant or your participation in a Merchant Daily Deal;

    2. In offering Merchant Daily Deals through or in connection with the Website, the Provider:
      (a) does not in any way recommend any product or services of a Merchant or approve, or act on behalf of, the Merchant;
      (b) does not in any way offer preference of one product or service over another product or service supplied by the same Merchant or a different Merchant; and
      (c) the Provider has no control, authority or influence over any Merchant and you expressly acknowledge and agree that you will not hold the Provider legally or otherwise responsible for the conduct of any such Merchant, including the failure by a Merchant to honour the Merchant Daily Deal.

  8. MERCHANT DAILY DEAL CONDITIONS

    1. The purchase of all Merchant Daily Deals are subject to their individual Merchant Daily Deal Redemption Conditions as imposed by the applicable Merchant and to the general conditions set out in clause 8.3.

    2. 8.2 Such Merchant Daily Deal Redemption Conditions are displayed on the Website and may include, without limitation, the following:
      (a) specified period for using the Merchant Daily Deal;
      (b) validity conditions of the Merchant Daily Deal;
      (c) redemption frequency of the Merchant Daily Deal;
      (d) limitations on use of the Merchant Daily Deal in respect of any products, services, other offers or promotions of the Merchant or any other third party service providers;
      (e) limitations on the use of the Merchant Daily Deal in respect of particular charges or fees imposed by a Merchant in relation to a product or service, including any charges in relation to taxes, other government imposts, delivery cost of products, administrative fees of a Merchant and so on.

    3. The general conditions applicable to all Merchant Daily Deals are as follows:
      (a) the purchase of a Merchant Daily Deal through or in connection with the Website shall be made by way of the E-Commerce Facility and must be made only during the time the Merchant Daily Deal is offered for purchase on the Website;
      (b) the price of a Merchant Daily Deal is specified in Australian dollars and is set by the Merchant. The price is inclusive of GST, where applicable. If you purchase a Merchant Daily Deal from outside of Australia, you do so at your own risk and will be responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of the same;
      (c) payment must be made for the purchase on an upfront basis on submission of the order for the Merchant Daily Deal;
      (d) the purchase will only be confirmed, and payment will only be taken, by the Provider if the Activation Minimum Target for the Merchant Daily Deal is met. Confirmation will be made by way of a Confirmation Email sent to the email address specified in your Account. The Confirmation Email will further request you to download evidence of your purchase being the Provider’s receipt or voucher containing:
      (i) the Unique Deal Code for the purchase; and
      (ii) the amount charged by the Provider in respect of the Purchase;
      (e) you are required to print or save the Provider’s receipt or voucher immediately on receiving the Confirmation Email and store the receipt or voucher in a safe place. Neither the Provider nor the Merchant shall be responsible for any failure to print or save the Provider’s receipt or voucher, or for lost or stolen Unique Deal Code occurring subsequent to the Confirmation Email;
      (f) you acknowledge and agree that:
      (i) you must only use the Unique Deal Code for a single purchase;
      (ii) any attempts by you to reproduce or use duplicate Unique Deal Codes for more than one purchase will result in a breach of these Terms, which will render you liable for any direct, indirect or special loss or damage suffered by the Provider;
      (iii) you are strictly prohibited from selling or trading in any way your Unique Deal Code or to exchange or redeem your purchase for cash or credit or for another Merchant Daily Deal;
      (iv) you may only purchase a Merchant Daily Deal in compliance with the law. This means that if you are not entitled to purchase or use a product or service offered by a Merchant under the Merchant Daily Deal, you are strictly prohibited from doing so; and
      (v) unless clause 10.4 applies, no refunds or exchanges may be made in respect of your purchase of any Merchant Daily Deals and any requests for refunds or exchanges may only be directed to the applicable Merchant with such requests being a matter entirely between you and the applicable Merchant.

    4. To the extent that your decision to purchase a Merchant Daily Deal may be influenced by any Merchant Daily Deal Redemption Conditions and/or any general conditions contained herein, you hereby acknowledge and agree:
      (a) that you bear the sole and exclusive responsibility to ensure that you have read and understood, and acknowledge and agree to, all such conditions prior to the purchase of the Merchant Daily Deal; and
      (b) that the Provider has no control, authority or influence over the imposition of any Merchant Daily Deal Redemption Conditions by a Merchant. Accordingly, to the extent permitted by law, you will not hold the Provider legally or otherwise responsible for a Merchant’s failure to comply with the Merchant Daily Deal Redemption Conditions or the Merchant’s revisions of the same where such revisions have not been made known to the Provider.

  9. ONLINE PAYMENT

    1. Payments for Merchant Daily Deals made by means of the E-Commerce Facility are secured with a GoDaddy.com web server certificate and transactions are protected by up to 256 bit Secure Sockets Layer encryption. Notwithstanding the aforesaid, online transactions are never entirely secure and accordingly, the Provider is unable to guarantee the security of any such information submitted or provided through or in connection with the Website.

    2. 9.2 You hereby acknowledge and agree that:
      (a) any submission or provision of information (including provision of credit card information) by you through or in connection with the E-Commerce Facility is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, 'hacking' or other unauthorized access of such information through the Website by any unauthorized third parties; and
      (b) you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the E-Commerce Facility are correct. The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of our control.

    3. Subject to the other provisions of this clause, if for any reason the Provider is held to be liable to you in relation to the E-Commerce Facility, the extent of the Provider’s total liability shall be limited only to the amount charged through the E-Commerce Facility for the specific transaction which is the subject matter of your claim.

  10. EXCLUSIONS OF LIABILITY AND INDEMNITY

    1. 10.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, contractors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, business, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:
      (a) the accessing of, or the inability to access, the Website, or the use of, or the inability to use, the Website or the Services;
      (b) unauthorised access to or alteration of your transmissions or data;
      (c) any other matter relating to the Website or the Services;
      (d) your purchase and participation, or non-participation, of the Merchant Daily Deal and/or your use or non-use of any products or services of the Merchant; and
      (e) any other dealings or communications with the Merchants.

    2. 10.2 To the fullest extent of the law:
      (a) the Provider expressly disclaims all conditions, warranties, representations, liabilities and obligations of any kind, whether express or implied, including, but not limited to any conditions or warranties of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any product or service or the value of the promotion or package offered by a Merchant under any Merchant Daily Deals; and
      (b) all claims made in respect of any loss or damages suffered by you in respect of such products or services or in respect of your purchase of, or the Merchant’s failure to honour, a Merchant Daily Deal may only be made against the Merchant and/or its subsidiaries, affiliates, co-branders, agents, officers, contractors and employees.

    3. You further agree to fully indemnify, defend and hold the Provider, its subsidiaries, affiliates, co-branders, agents, officers, contractors and employees harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in a Merchant Daily Deal or the use or non-use of any products or services of the Merchant by any other persons.

    4. Subject to the other provisions of this clause herein, if for any reason the Provider is held to be liable to you in relation any of the aforesaid, the extent of the Provider’s total liability shall be limited to the refund of an amount equivalent to the price for the Merchant Daily Deal paid by you.

  11. INTELLECTUAL PROPERTY RIGHTS

    1. All Intellectual Property rights, including names, logos, trademarks, designs, drawings, source codes, techniques and concepts, embodied in, or present in relation to, the Website, its Services or the Content, are the proprietary rights of, and are, and shall remain, owned or controlled by, the Provider, the relevant Merchant or their licensors.

    2. You hereby acknowledge and agree that you will receive no right, title or interest whatsoever in respect of any such Intellectual Property rights under these Terms.

    3. 11.3 You further acknowledge and agree that:
      (a) except to the extent otherwise specifically authorised by us and/or the author or creator of the relevant Content, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website or all Content contained therein, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;
      (b) except to the extent otherwise specifically authorised by us and/or the author or creator of the relevant Content, you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use; and
      (c) except to the extent otherwise specifically authorised by us, you shall not reverse engineer, decompile, copy or otherwise reproduce any part of any intellectual property embodied in this Website.

  12. SPECIAL ADMONITION FOR INTERNATIONAL USE

    1. Recognising the global nature of the Internet, you agree to comply with the provisions of these Terms in accordance with its governing law.

    2. 12.2 If you access the Website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  13. GENERAL PRACTICE REGARDING USE AND STORAGE

    1. 13.1 You expressly acknowledge and agree that:
      (a) we may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that Content submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access the Services in a given period of time;
      (b) we have no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Services; and
      (c) we reserve the right to modify these general practices and limits from time to time.

  14. SUSPENSION AND TERMINATION

    1. You agree that the Provider may, at its sole discretion, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website, bar any further use of the Services and remove any associated profiles, works, information or contact details thereof.

    2. 14.2 Cause for such suspension or termination shall include, but not be limited to:
      (a) inability to verify or authenticate any information you provide to us in respect of your registration to become a Member of the Website;
      (b) breaches or violations of these Terms or the Privacy Policy;
      (c) our belief that your actions may cause loss or damage to or otherwise unlawfully harm you, our other Users, third parties or us;
      (d) requests by law enforcement or other government agencies;
      (e) discontinuance of the Website (or any part thereof); and
      (f) unexpected technical or security issues or problems.

  15. OFF SITE LINKS

    1. The Website may provide, or third parties may provide, links to other websites or resources, including links to Merchants’ websites.

    2. You understand and acknowledge we have no control over such websites and resources. In this respect, you also acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

    3. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  16. EMAIL POLICY

    1. We will not respond unless required to do so by law to any electronic mail (“Email”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

    2. All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at info@somuch.com.au and state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.

    3. We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate, we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails.

  17. PRIVACY POLICY

    1. Our Privacy Policy may be found at www.somuch.com.au, which is incorporated into these Terms by this reference.

  18. MODIFICATIONS

    1. The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Services, with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.

    2. These Terms:
      (a) constitutes the entire agreement between the parties as to its subject matter;
      (b) in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party; and
      (c) may be amended from time to time by the Provider without any prior notice to you. Notwithstanding the aforesaid, the version of these Terms to which the purchase of Merchant Daily Deals by you were made in accordance with shall remain binding on the parties.

    3. The most current version of these Terms as posted on this page shall supersede all previous versions.

    4. It is your responsibility to check regularly to determine whether a new version of the aforesaid documents has been uploaded. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to these Terms. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by these Terms, as amended.

  19. ASSIGNMENT AND SUBCONTRACTING

    1. The Provider may assign or subcontract its rights and obligations contained in any part of these Terms to any associated entities, related parties or any third parties at any time without the prior written consent of the Purchaser.

  20. NOTICES

    1. A party notifying or giving notice under these Terms must give notice:
      (a) in writing;
      (b) if addressed to the Provider, to the postal or email address listed on the Website or any other address as updated by the Provider from time to time; and
      (c) if addressed to you, to the postal or email address specified in your Account, as updated by you from time to time.

    2. A notice given in accordance with this clause is received:
      (a) If left at the recipient's address, on the date of delivery;
      (b) if sent by prepaid post, three (3) days after the date of posting; and
      (c) if sent by email, when the sender does not receive any failed delivery email notification from either its, or the recipient’s, mail server within three (3) days after the date of the email.

  21. GOVERNING LAW

    1. These Terms is governed by the laws applicable in the state of Queensland and each party submits to the exclusive jurisdiction of the courts of that State.

  22. READING DOWN

    1. If part or all of any clause of these Terms is illegal, invalid or unenforceable: (a) it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and (b) it will be severed from these Terms and the remaining provisions of these Terms will continue to have full force and effect, and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' original intention in relation to the subject matter severed.


 

 

 

 

 
 
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