1. User Agreement and Acceptance of Terms and Conditions
This Agreement and any operating rules for www.dealworkz.com.au established by Dealworkz constitute the entire agreement of the parties with respect to the subject matter hereof.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
These Terms and Conditions administrate your use of the Dealworkz (We/Us/Our) Website www.dealworkz.com.au ("Our Website/Site") and the use of our services. These Terms and Conditions form an agreement between you and Dealworkz. By visiting and/or using our website and associated services, you agree to abide by these Terms and Conditions. If for any reason, you do not agree to any of the outlined Terms and Conditions ("Agreement"), please do not participate in any activities associated with this Site, including visiting this website.
Nothing in these Terms and Conditions creates any form of a partnership, employment relationship or agency relationship between you and Dealworkz.
The section headings used herein are for convenience only and shall be of no legal force or effect.
Any clauses of these Terms & Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions read in full force and effect
Failure in our ability or capacity to enforce any provision of these Terms and Conditions, as specified will not be considered a waiver of its right to enforce such provision
Dealworkz cannot and will not be held liable for any delay in fulfilling its material obligations under these Terms and Conditions as specified, if such delay's, are not due to any lack of reasonable prudence or foresight. Such delays include but are not limited to any "Force Majeure Risks" such as any act of God, which may include but is not limited to flooding, earthquake, or volcanic eruption. Other circumstances may include but are not limited to act of terrorism, revolution, civil conflict, industrial action, fire, war, public disaster, plague or epidemic, or other causes and/or events outside our control.
These Terms and Conditions are to be interpreted in accordance with the laws of New South Wales. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
Dealworkz provides an interactive online service on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Dealworkz, affiliates of Dealworkz and other third parties.
In these Terms and Conditions the following words and phrases have the following meanings:
2.1.1 "Deal" means a Merchant's/Supplier's goods / services advertised on our Website;
2.1.2 "Voucher" means a certificate issued to the End User by Dealworkz on behalf of a supplier/merchant, once the user has made a purchase of a specific deal from the Website. A voucher can take the form of a physical voucher, a unique code or a hyperlink that may be delivered to the End User or the recipient by email, post or available for downloading through the End user's member account.
2.1.3 "Suppliers/Merchants" mean those third party merchants who engage us to advertise their goods and services on our website;
2.1.4 "Member" or "you" means you the End User of our Website and associated services;
2.1.5 "Advertising Period" means the period during which a Deal is advertised for sale on our Website.
2.2 User Representations - By using our Website;
a) Users represent and warrant that they are at least 18 years of age;
b) Possess the legal right and ability to enter into an Agreement and to use our Website and partner websites in accordance with these Terms and Conditions.
Should Dealworkz suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
The right to use this Site is personal to the End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's User Name and password(s) or any other information. End User accepts that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of, and Dealworkz shall not be responsible for any data lost while transmitting information on the Internet.
3. Accessibility to our Website
We would use our best efforts to make the Site accessible and available 24 hours a day, 7 days a week, however, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both internal and external of the control of Dealworkz, access to the Site may be interrupted, suspended or terminated from time to time or without prior notification to you.
4. Modification of Content on our Website
Dealworkz shall have the right at any time to change or discontinue any aspect or feature of the Website including, but not limited to, content, hours of availability and equipment (hardware or software) needed for access or use. Dealworkz may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics without prior notification to you as it may deem necessary.
5. Review of Postings, Uploads or any other form of Communication
The End User may send and receive electronic mail ("email"), engage in any form of communication (which may include but is not limited to blogging, conferences and chats), download and upload files and otherwise use this Website as permitted under the guidelines of the Terms and Conditions expressed or under the applicable law.
All End User participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by Deal Workz. Dealworkz does not and cannot review all communications and materials posted or uploaded to the site and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communications or materials.
Dealworkz reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of Dealworkz for its users.
Dealworkz will fully cooperate with any law enforcement authorities or court order requesting or directing Dealworkz to disclose the identity of anyone posting such communications or materials. Statements made in Websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of Dealworkz.
Member registration requires the End User to be at least 18 years of age or older at the time of participation in any activities associated with Dealworkz.
Registration allows the End User to access features like, but not limited to making purchases, submitting comments, and download/upload files. Registering as a member and activating an account, would allow the End User to (a) receive information and email communications from Dealworkz relating to deals and/or vouchers; (b) make an order to purchase a deal/voucher; (c) change user preferences, which includes but not limited to geographic location, preferred e-mail address, passwords , and credit card information; (d) view, and/or receive and print deal vouchers purchased; and (e) view past vouchers purchased (f) and gift the deals/vouchers purchased from the Website.
The End User must supply Dealworkz with accurate and true personal information such as name, address, and a valid email address. The End User will be held responsible to notify Dealworkz, by email, if any of your personal information changes. Member registration is not transferable.
Registering as a Member, will require a password to be created by the End User to access Member account and place orders for deals and/or vouchers. Passwords and other personal information should not be disclosed to any person and Dealworkz will not be liable for any loss that incurs directly or indirectly to the End User because of personal information and/or password disclosure to any other person, allowing for accesses to the Member account. The End User is responsible for maintaining control of their Member account and the activity on the Member account.
No End User shall engage in unlawful behaviour such as impersonating any other person or Member or trespassing or stalking another member's account without permission. The End User is responsible to notify Dealworkz by email, if suspicious activity trends have been observed on the Member account or password breaches have occurred.
End User shall be responsible for obtaining and maintaining all hardware including but not limited to a computer, Internet connection, telephone, printer needed for access to and use of this Site and all related charges.
Dealworkz shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
8. End User Conduct
You accept to use the Website solely for the purposes that are permitted by:
a) this agreement;
b) any applicable law or regulation; and/or
c) generally accepted practices or guidelines
This Site and any individual Sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Weblets") are private property of the relevant parties.
All interactions on this Site and/or the Weblets must comply with these Terms and Conditions. Dealworkz encourages user communication on our Site but we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Weblets for lawful purposes only.
8.1 End Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable to Dealworkz or any other user, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior, written approval, contains advertising or any solicitation with respect to products or services. Breach of this clause may result in Dealworkz preventing the End User from accessing the Site.
8.2 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.
8.3 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.
8.4 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
8.5 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
This term will apply for the benefit of Dealworkz its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Dealworkz shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms, forums, and blogs that may hereinafter be included as part of the Site, to determine compliance with this agreement and any operating rules established by Dealworkz as well as to satisfy any applicable law, regulation or authorized government request.
Without limiting the preceding, Dealworkz shall have the right to remove any material that Dealworkz, in its sole discretion, perceives or deems to be in violation of the provisions hereof or otherwise objectionable.
We may stop (temporarily or permanently) providing access to the Website to the End User or to visitors or members generally, at our sole discretion and without prior notice to you.
Dealworkz in its sole discretion may terminate member accounts or restrict access to the Website. This would prevent access to all or parts of the Website, member account details or other content contained in member account. Dealworkz will not be liable to the End User or any third party for doing so.
Storing cookies will allow us to personalize and customize member/user experience by tracking and targeting their preferences/usage patterns and allow Dealworkz to collect non-personal information, like which pages are most visited and what links are most clicked on. Use of this information helps Dealworkz to create a more user-friendly experience for all its visitor traffic.Dealworkz may partner with Third Party Advertising Companies to display advertisements on its Website. However Dealworkz is and will not be liable or be held responsible in any manner for any third party cookies placed on your computer as a part of the service provided. We have no access to or control over these cookies.
9.2 Other Tracking Devices
Dealworkz may use other industry standard technologies like Pixel Tags and Web Beacons to track Website traffic and email promotions, or allow partner Third Party Service Providers to use these devices.
9.2.1 Pixel Tags and Web Beacons
Pixel Tags and Web Beacons are tiny graphic images placed on certain pages on our Website, or in our emails which allow us to determine whether a specific action desired, has been performed or not by the End User. When the desired action is performed by the End User, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action.
Pixel tags allow us to measure and improve visitor traffic and consumer behaviour on our Website, as well as give us a way to measure our promotions and performance. Dealworkz may also utilize pixel tags and web beacons provided by its Affiliates and/or Marketing Partners for such purposes.
10. Information on the Website
Information about goods and services (product) on the Website is based on material provided by the suppliers and product manufacturers.
Dealworkz cannot be held responsible for inaccuracies or errors caused by incorrect information supplied by manufacturers or suppliers changing product specifications without prior notification to Dealworkz. The End Users will be liable in self interest to make enquiries to verify information provided and to assess the suitability of products before purchase.
11. Copyright and Trademarks
Everything located within our Site, including the Weblets, is the exclusive property of Dealworkz or used with the express permission of its affiliates, unless otherwise specified.
The businesses promoted on the Site provide their own logos and graphics from time to time and they warrant owning the copyright to display these images on our Site.
The entire content of our Website is protected by copyright as a collective work under Australian copyright laws.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the content displayed on the Site without the express written permission of Dealworkz or its affiliates.
End User may download / print / save copyrighted material for End User's personal use only. You must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material.
Any unauthorized use of Dealworkz or its affiliate's copyrighted material may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes.
End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, and proprietary rights.
Dealworkz owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
End User acknowledges that he/she does not acquire any ownership rights by downloading any material from the Website.
Dealworkz is a trademark of Dealworkz. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Dealworkz are the property of their respective owners.
12. Disclaimer of Warranty, Limitation of Liability & Intellectual Property
End User expressly agrees that use of this Site and the Weblets is solely at their own risk. Neither Dealworkz, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the Site will be uninterrupted or error free; nor do they make any warranty as to:
a) the outcome that may be obtained from use of this Site, and/or
b) the accuracy, reliability or content of any information, service or merchandise provided through this Site or the Weblets.
Dealworkz provides access to its Website and the Weblets on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
12.1 This disclaimer of liability and to the extent allowed by law, Dealworkz excludes all liability to the End User or anyone else for loss or damage of any kind (however caused or arising) 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;
12.1.1 Errors, mistakes or inaccuracies on the Website;
12.1.2 Acting, or failing to act, on any information contained on or referred to on the Website and/or any linked Website;
12.1.3 Personal injury or property damage of any nature resulting from your access to, and use of the Website;
12.1.4 Defamatory, harmful, offensive or unlawful conduct of any user of the Website;
12.1.5 Any unauthorised access to or use of Dealworkz secure servers and/or personal information and/or financial information stored on those servers;
12.1.6 Any interruption or cessation of transmission to or from our Website;
12.1.7 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
12.1.8 The merchantability or fitness for any purpose of any good or service of any linked Sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and the third party providers of products and services.
12.1.9 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.dealworkz.com.au with no characters before or after "www.dealworkz.com.au"
Where any law 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 at our option is limited to:
In the case of goods:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired; and
In the case of services:
a) The resupply of our services, or
b) The payment of the cost of resupply of our services.
In particular, in no event Dealworkz will we be liable for any acts, omissions or defaults of any Supplier or any third party including but not limited to the following events as stated
a) If a Supplier fails to provide the End User with the relevant goods / services, as promised or advertised in whole or in part, at the time of the voucher redemption.;
b) If the End User incurs costs associated with the inability to redeem the voucher purchased. Such costs include but are not limited to, travel and accommodation costs.
c) If a Supplier cancels any user's booking to redeem a voucher.
The End User agrees to be responsible for:
a) Making reasonable enquiries to verify information that is published on the Website about particular goods and services; and
b) Assessing the suitability and reliability of goods and services prior to making a purchase of the goods or services advertised.
In no event shall Dealworkz, or any person or entity involved in creating, producing or distributing this Site or the contents hereof, including the Weblets and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this Site. End User hereby acknowledges that the provisions of this section shall apply to all content on this Site and the Weblets.
In addition to the Terms and Conditions set forth above, neither Dealworkz, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or unauthenticity of, the information contained within this Site or any of the Weblets, or for any delay or interruption in the transmission thereof to the End User, or for any claims or losses arising there from or occasioned thereby. None of the preceding parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
12.2 Intellectual property
Information about goods and services (product) on the Website is based on material provided by suppliers and product manufacturers.
The End User agrees that these Terms and Conditions as stated, exempt Dealworkz from being responsible in any manner for inaccuracies or errors caused as a result of incorrect information being supplied to Dealworkz by service providers, manufacturers or suppliers. Such incorrect information includes but is not limited to changing product specifications without prior notice to Dealworkz.
The End User assumes the responsibility, in self interest to undertake reasonable enquiries to verify information provided and to assess the suitability and reliability of products before a monetary transaction is undertaken on the Website.
The End User understands and agrees to abide by the guidelines set forth by this Terms and Conditions, permitted by any applicable laws or regulations.
12.3 Links to third party Websites
Dealworkz is a distributor (and not a publisher) of content supplied by third parties and End Users.
This Site may contain links to other Websites and Dealworkz is not responsible for and does not control the content of any Website linked to or from the Site. Any links to other Websites including referral buttons to Websites operated by other third parties or their licensees or contractors are for the User's convenience only. Dealworkz does not endorse the owner/sponsor and the content of any linked Websites and makes no guarantee or representation regarding the same, unless expressly stated by us.
All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements from or by Dealworkz.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other End Users are those of the respective author(s) or distributor(s) and Dealworkz cannot be held liable for the same in any respect for any loss or damage caused to the End User as a result of relying on the information presented on the Website. Therefore the End User is advised to assess the information, opinion, or the usefulness of the content provided by the third parties, which is only being advertised and not modified by Dealworkz in any form. Therefore the End User will solely be responsible for any decision related to undertaking or participating in any activities associated with Dealworkz Website.
The preceding provisions regarding Indemnification, Disclaimers of Warranty and Limitation of Liability and ability of End User to add or provide any hyperlinks to the Dealworkz Website are for the benefit of Dealworkz and its officers, directors, employees, agents, licensors, suppliers and information providers. The End User's ability to engage in such activities will be governed by prior written consent or agreement with Dealworkz, and each of these individuals or entities stated above have the right to assert and enforce those provisions at its sole discretion at any point in time, directly against the End User on behalf of Dealworkz.
13. License Grant
No person or entity has any form of rights or license ownership to or of Dealworkz and materials contained on the Site (Dealworkz Content) other than the limited right to use the Site in accordance with these Terms and Conditions.
Dealworkz may modify the Site's content on a periodic basis on its sole discretion as it deems necessary. Except as expressly set forth herein, no license is granted to any person or entity for any purpose, and any use of the Service or of the Dealworkz content.
Failure on behalf of the End User or any entity to abide by the above clause shall constitute a material breach of this agreement. All downloads related to the Website are governed and licensed by Dealworkz only for personal, non-commercial use in accordance with the Terms and Conditions and does not transfer any rights whatsoever to the End User. If the End User or any entity engages in any downloads related to the Website content, this must be in accordance with these Terms and Conditions.
Nothing in this Agreement shall affect any rights of Dealworkz or its licensors in the service or Dealworkz content, and any associated patents, trademarks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Dealworkz or any third party is granted under this Agreement.
Every person or entity associating itself with Dealworkz, agrees to at all times indemnify and keep indemnified:
a) Dealworkz and any related body corporate,
b) Dealworkz organizers, directors, officers, employees and agents; and;
c) the other participants and/or users ("Released Parties"), for any of the following (this not being an exhaustive list) personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney's fees (and whether accruing to you, your heirs or personal representatives) that are caused or alleged to be caused in whole or in part by reason of an act or omission of any released party that arises out of or in connection with your use of the Site, or resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing our Website using your member account.
In no event will Dealworkz total liability to you for all damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site.
15. Termination/ Supply of Website services to you
Dealworkz aims to provide a positive experience for all its members and visitors. Thus, Dealworkz reserves the right to amend modify or alter the Website in whole or in part (i.e. alter, remove or add functionality) as we deem necessary or desirable from time to time. Henceforth Dealworkz does not guarantee that the End User will have access to the Website in the same way or with the same equipment or software used prior to the changes/modifications or alterations.
Dealworkz reserves the right to terminate this Agreement at any point in time and holds the right to immediately terminate any passwords or member accounts in an event of any misconduct or breach of this agreement by End User.
16. Transfer and Assignment
This Agreement including the rights granted and the obligations undertaken herein may not be transferrable, assignable or delegable in any form by a user/member, but transferred, assigned or delegated solely by Dealworkz as it may deem necessary.
In the event that Dealworkz merges, sells or otherwise changes control of the business or this Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from the member/user and any agreements made between Dealworkz and you (user).
If Dealworkz does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any such provision under this agreement will only be effective if it is in writing and authorised by Dealworkz.
If any provision in this agreement or portion thereof, is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible under the applicable court of law so as to affect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
User information is collected by Dealworkz directly from the End User by means of a member registration process and when an order of purchase is placed with Dealworkz. Such information gathered by Dealworkz may include but is not limited to Personal information e.g. name, postal address, telephone number and email address.
All Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. The End User acknowledges that our server may log details about any computer/electronic devices used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information/content downloaded.
Certain sensitive information is encrypted using Secure Socket Layer (SSL) technology to ensure that personally identifiable information is safe when it is transmitted to Dealworkz.
Any information that does not or cannot identify the End User, like Uniform Resource Locator ("URL") of the Website you visited before coming to our Website, the URL of the Website you visit after leaving our Website, and the type of browser you are using, is classified and defined as 'Non-Personally Identifiable Information'.
Such information will be used by Dealworkz for multiple reasons such as to facilitate troubleshooting, administer the Website, analyse trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities.
This information will also be made available or shared with authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
Dealworkz respects your privacy and personal information and will only use such information for the purposes for which they were provided by the End User and for internal management purposes. The End User acknowledges and consents Dealworkz to use member email address and contact number to send messages concerning membership account, any orders placed and information about the products sold by Deal Workz. Under the Privacy Act 1988 (Cth) you have the right to request access to your personal information held by Dealworkz If you would prefer not to receive promotional or other material, notify Dealworkz as soon as possible by means of written communication and we will respect your request.
Online payments are handled by external third party service providers. Dealworkz does not have any access to or store credit card or banking details.
Dealworkz exercises its best efforts in maintaining adequate, reliable and reasonable security measures for data protection and seek to partner with companies which do the same. However Dealworkz recognises that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure and as such Dealworkz its directors employees or agents cannot and will not be held liable or responsible, in any manner or capacity for any of the actions of any third parties that may receive any such information.
End User acknowledges that all discussion for ratings, comments, bulletin board service, blogging, chat rooms and/or other message or communication facilities (collectively "communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge.
Dealworkz does not control or endorse the content, messages or information found in any community, and, therefore, Dealworkz specifically cannot and will not be held liable or responsible, in any manner or capacity with regards to such communities and any actions resulting from End Users participation in any community, including any objectionable content.
Generally, any communication which End User posts to Dealworkz (whether in chat rooms, discussion groups, message boards, blogs or otherwise) is considered to be non-confidential in nature. If particular web pages permit the submission of communications that will be treated by Dealworkz as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Dealworkz the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
20. Miscellaneous Privacy Issues
Any person under the age of 18 years may not visit or participate in any activity associated with the Dealworkz Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18.
Dealworkz does not sell products for purchase by children. However, from time to time Dealworkz advertises or promotes products/services which may be suitable for children and such purchases should only be undertaken by a parent or guardian on behalf of minors. If the End User is under the age of 18, you may use Dealworkz only with the involvement of a parent or guardian.
20.2 Publically viewable Information
There may be certain areas on our Website where the User can publicly post information about themselves, can communicate with other User's, or can review products/services, businesses, and submit media content. Please note that such information may be viewable by other Users and businesses and may appear on other Websites or search engines, and therefore this information could be read, collected, and used by others. E.g., if the User posts their email address along with a review of a particular deal, the User may receive unsolicited messages. Please note that Dealworkz has no control over who reads your postings or what other users may do with the information you voluntarily post on the Website, so please use caution when posting any personal information.
21. Terms of Sale
Products/Services displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. By placing an order, the End User is expressing a desire to make an offer to the business representative that is Dealworkz; to purchase the products and/or services selected on the Terms and Conditions stated below the particular deal in question (What's In, What's Out).
Registration is required to attain membership of Dealworkz and allows for making orders for purchases, engaging in online chats, forums and downloading material.
This will also facilitate our effort of communicating with you and for easy access to print your orders, view your past purchases, modify your account preferences, and to ensure permissible use of the product/service. The deal/s purchased are not purchased through the representative, Dealworkz; rather it is purchased from seller of such goods and services, hereinafter defined as "Merchant". The merchant is the seller of the goods and services and is solely responsible for redeeming any goods and/or services purchased. Dealworkz solely assumes the role of a marketing agent for merchants, who sell Dealworkz Certificates though the Website.
Dealworkz reserves the right to accept or reject any offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in the order placed.
The End User understands and agrees that an order placed, cannot be cancelled, refunded or exchanged, and any such arrangements are solely between you and the merchant and Dealworkz assumes no responsibility for the same. All deals are subject to the Merchant's standard Terms and Conditions and Policies. Dealworkz will exercise its best efforts to advise you on the Website of any material Terms and Conditions and policies of the merchant that will impact your ability to use or enjoy the products or services advertised.
You acknowledge and agree however that some additional merchant Terms and Conditions may only be obtained directly from the merchant on request and/or from the merchant's Website. The End User in self interest agrees to undertake own reasonable enquiries with respect to the Terms and Conditions and policies that a merchant may place on the use of the relevant products or services in question.
21.1 Terms of Deals for Products
For deals relating to products provided by merchants, the End User may be required to collect the product in question from a specified location or to pay a fee to have the product delivered to the requested delivery address and Dealworkz assumes no responsibility for the same whatsoever unless otherwise stated via written communication.
21.2 Terms of Deals for Services
All deals relating to services provided by merchants are subject to availability and may require a booking in advance directly with the merchant. Dealworkz cannot guarantee that services will be available at your preferred date or time and also assumes no responsibility for the same.
The End User agrees that any booking made with a merchant may be subject to that merchant's separate Terms and Conditions or Policies and Dealworkz cannot be held liable under any circumstances.
If a service booking made is cancelled, directly with a merchant, the merchant may charge a cancellation fee (which may include invalidation or cancellation of your ability to redeem the relevant Voucher). Please note that Dealworkz does not assume any liability whatsoever in such a situation.
22.1 The prices of products/services, delivery and other charges shown on the Website are in Australian dollars and include GST where applicable.
22.2 Prices are current at time of display but are subject to change without prior notification to the user.
All payments must be received in full prior to the deal voucher being issued to the End User.
Dealworkz at its sole discretion may refrain from issuing a voucher to any person or entity until payment in full is received.
24. Service Delivery by Merchant/Delivery of Voucher, booking and cancellations
Dealworkz is engaged by the Merchant displayed on its Website to promote their products/services. This agency agreement means that we advertise or undertake promotions of products/services on behalf of the merchant; we collect money from customers/users on the behalf of the merchant, and distribute vouchers for products and services to be supplied by merchants. The nominated supplier/merchant and not Dealworkz, unless otherwise explicitly stated, is the seller of the products and/or services and is solely responsible for honouring any Dealworkz voucher you purchase and/or for the delivery of the service/quality of product in question.
Dealworkz assumes no responsibility and cannot be held liable whatsoever for the standard or quality of any product or service and/or bases its promotional material on information provided by the business and its affiliates. The End User acknowledges and agrees to be cautious with the vouchers purchased and the codes displayed on them, as anyone you provide these codes to can redeem your voucher and once redeemed cannot be used again. If you provide these codes to a business at the time of reservation and don't honour that reservation time, the business may at its discretion consider the voucher redeemed so please make sure you honour all reservation times with the business.
The End User acknowledges and agrees that the purchase of a voucher from Dealworkz may be subject to specific Terms, Conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms related to the purchase and use of a voucher, the minimum quota/number for that voucher, and the expiration date for redemption of the Voucher with the Merchant), which will be communicated to the user/member on the Website prior to any purchase of the voucher that is issued by Dealworkz. To the extent there is any inconsistency between the voucher Specific Terms and the Dealworkz Terms and Conditions, the voucher specific terms will prevail. By placing an order for a voucher on the Website, the End User agrees that all voucher specific Terms will be legally binding on you in connection with that particular voucher in question.
If the deal is activated or ON then Dealworkz will send the End User an email with the voucher purchase details once the deal is closed and the same will be accessible for download to the End User in their member account on the Dealworkz Website (or if the Deal was bought as a gift, then the recipient will receive an email with the voucher details sent by the user/buyer and will again be available for download and accessing by the recipient under the my account section of the Dealworkz website.)
Dealworkz vouchers are available for downloading on the Dealworkz Website under the members account.
24 hours Voucher Delivery Guarantee
The End User acknowledges and agrees that whilst Dealworkz will exercise its best efforts to make vouchers available to a user within a period of 24 hours, there may be circumstances beyond the control of Dealworkz that may inhibit Dealworkz from fulfilling this commitment. The End User acknowledges and agrees that the availability of a voucher by a user after purchase from Dealworkz may be subject to specific Terms, Conditions, rules and/or limitations (including, without limitation, to any "Force Majeure Risks" such as any act of God, which may include but is not limited to flooding, earthquake, or volcanic eruption. Other circumstances may include but are not limited to act of terrorism, revolution, civil conflict, industrial action, fire, war, public disaster, plague or epidemic, or other causes and/or events outside our control. Dealworkz cannot and will not be held liable for any delay in fulfilling its material obligations under these Terms and Conditions as specified. Dealworkz will exercise its best efforts to communicate with the user in question should a situation of this nature arise.
24.1 Gift Card
If a User purchases a gift card from Dealworkz then Dealworkz will send an email to the recipient notifying them of the voucher details on behalf of the buyer/user. Dealworkz cannot be held liable or responsible in any manner or capacity for any loss suffered as a result of a Dealworkz voucher not being received by the End User, in circumstances such as (this not being an exhaustive list) the email was blocked by a firewall or filter, or where a wrong email address was supplied to Dealworkz by the End User/Member. The Dealworkz Gift card amount can be used/redeemed as a whole or in part until such time that the total value of the voucher has been redeemed by a recipient in part.
24.1.1 will include your name, merchant name/location, the deal details, a unique voucher identification number and (if applicable) a unique voucher code if the products / services the subject of the deal can only be redeemed on-line via the merchants Website / on-line store;
24.1.2 can only be redeemed from the relevant merchant for the products/ services specified in it;
24.1.3 Cannot redeem for cash, exchanged, refunded or applied as payment to any account.
In addition, if you wish to redeem a voucher for part only of the goods / services specified in it (i.e. for less than the total face value of the voucher), then you are not entitled to receive any credit or cash for those goods /services or not entitled to receive any credit for the remainder balance of the Gift Card.
The End User is not entitled to receive credit from Dealworkz in such a situation where only part of the voucher value has been used and the user wishes to receive credit for the remainder value, to be used at another occasion.
When you redeem your voucher with the merchant, the merchant will issue you with a tax invoice for the goods / services. The merchants are also not liable or responsible for any damaged, lost or stolen vouchers. You may only redeem one voucher once unless specified otherwise and directed by the merchant for Dealworkz to advertise the same.
The Dealworkz voucher does not function as a stored-value card and cannot be redeemed incrementally. The Dealworkz voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the merchant.
25. Refer A friend
To be eligible to avail the Dealworkz "Refer a friend and get 10% off" program, the referrer and the referee must meet the following conditions:
The referrer: can refer as many number of friends, family members or relatives to the Dealworkz Website, through Facebook, Twitter or by sending the referee an email containing a special tracking link. Such an email and the special tracking link may be regarded as invitation to treat only.
The referee: must access the Dealworkz Website through the special tracking link included in the referrer's 'Refer a friend email', and become a new member on the Dealworkz website the same day as when the referee wants to make a deal purchase. This tracking link remains valid wthout any time limitation however the referee must click on the special tracking link to access the website, become a new member and make a purchase all in one session.
Once the referee has made a purchase on the Dealworkz Website after siging up to become a new member and subsequently make a purchase regardless of the nature and value of deal, the referrer will receive an email from Dealworkz containing a 10% off promotion code and the actual voucher containing the code will be available to the referrer under the My Profile section of the Dealworkz website which the referrer can redeem towards the purchase of any deal on the Dealworkz Website, for any type or value of the deal within a period of 20 days. No two 10% off promotion codes can be combined or used in conjunction towards the purchase of a single deal.
26. The Dealworkz Best price - Terms & Conditions ("Terms")
At Dealworkz, our aim is to offer everyday Australians, smart deals that help save your dollar. Therefore we endeavour to exercise our best efforts to monitor pricing every day on a huge range of products where we offer a deal that claims to be available for purchase at the best price.
Dealworkz only assumes the role of a reseller offering discounted products as promotional offers with predefined time limits for a user to avail and thus under no circumstances will honour any Best Price/Lowest Price guarantee neither does it adhere to a ‘price match promise’.
Best prices as quoted by Dealworkz under no circumstances can be assumed to be a claim of the lowest price for a product in question but may imply the best overall value for the customer including factors like delivery costs associated with the product in question. Best prices imply the price for a product as available online and/or offline as published by a competitor/s for the given calendar date when the Deal is made ‘live’/available to the public and may include other factors like mentioned above that may or may not form a part of the competitor/s offering.
While every effort is made by Dealworkz to offer the best price on a range of products, this may not always be possible due to factors beyond our control. By the use of the Dealworkz website to make a purchase for a product where the best price is being offered by Dealworkz, you, the end user acknowledges the above and agrees that Dealworkz may be beaten on price as a result of subsequent changes made by competitor’s both online and at retail stores after the deal is made ‘live’/available to the public.
A user acknowledges that Dealworkz may quote the price of a product or service to be lower than competitor offering’s based on the average market price of the product in question, on the calendar date the deal is made available to the public.
The user agrees to have conducted a thorough research of the market to determine the best price on a product as suitable to the user before committing to a purchase on the Dealworkz website.
The user acknowledges that Dealworkz will not issue a refund or match any or lower prices on a product where the user has identified a competitor offering the same product at a lower price.
Where Dealworkz uses the phrase ‘best price available for the product both online and at retail stores’, the user acknowledges this is an invitation to treat only and a suggestion from Dealworkz based on our perception of the market price offering on the day a Dealworkz deal is made available to the public only. The user understands the above phrase may constitute the best value for the customer including factors like delivery of the product rather than assuming the above phrase to be a claim of the lowest market price for the product.
The user understands where the word guarantee/guaranteed is not used, Dealworkz is not making a claim of offering the lowest price in the market.
A user acknowledges no refunds/returns will be permitted in circumstances where a user finds a product being offered in the market at prices lower than what is on offer from Dealworkz at such time where the Dealworkz deal is still active and available to purchase and yet a competitor has reduced its offering price subsequently.
Under no circumstances does Dealworkz assume any responsibility towards providing guarantee/warrant/refunds/repairs unless otherwise stated. Where the end user purchases a product both electronic and non electronic and requires assistance with regards to repairs/refunds/warranty/guarantee, this is offered to the end user by the manufacturer unless otherwise stated and Dealworkz cannot be held liable or responsible what so ever for the same.
28. Dealworkz Loyalty Rewards Program
To avail the Dealworkz Loyalty reward program the End User must purchase a total of 5 deals from the Dealworkz Website, of any value or type, after which Dealworkz will send the user an email containing a 5% off promotion code details and the actual voucher available to the end user under the my account section of the Dealworkz website which the End User can redeem at their discretion, towards the purchase of any other deal, regardless of the type or value without any limitation on the time limit to redeem the 5% discount. The End User can only use a single 5% off promotion code for any given purchase and cannot combine or use this promotion in conjunction with other promotions or special offers being run by Dealworkz at the time or for which the End user may be eligible.
If your voucher expires or becomes invalid for any reason, then it is not refundable in whole or in part. We will however refund the price which you have paid for a voucher in the form of store credit if:
29.1 We make a mistake, for example by issuing you a voucher which is incorrect.
In a situation whereby Dealworkz is notified that a merchant with which has had previous dealings with by way of featuring their business and selling vouchers to a user, has become bankrupt, or is in the process of administration or for any reason is unable to honour a Dealworkz user's voucher, Dealworkz cannot be held responsible or liable for any losses incurred as a result. Dealworkz will not be in a position to issue refunds unless in a situation whereby Dealworkz has not yet transferred to the merchant, their rightful share of the deal proceeding.
While Dealworkz will make every effort in its capacity to resolve any disputes/issues with voucher redemption between the user and the merchant, this cannot be gauranteed by Dealworkz and thus cannot be held liable.
Please choose carefully. Dealworkz encourages its users to engage in mindful and smart shopping practises by way of doing a market research before undertaking a purchase on the Dealworkz website. We do not allow for any refunds in circumstances such as but not limited to change of mind, change of circumstances or any other criteria once a payment has been made to Dealworkz via Paypal and the order has been placed.
Refunds are issued by Dealworkz on a case by case basis and in the form of store credit issued to a customer to redeem on the Dealworkz website. The amount of store creit issued will be equivalent to the value of the voucher where $1 will be equivalent to 1 store credit. Dealworkz store credits will remain valid in a users account for a period of 3 months from the time of issue. Store credit needs to be used all at once and cannot be part used or redeemed.
30. Complaints or problems
If you have any complaints or problems with the supplier's service/products, please bring this to the supplier's attention as soon as possible. We are unable to act as mediators or provide any form of assistance in resolving disputes with suppliers.
31. Terms and Conditions for All Dealworkz advertised deals for products/services
We act as an agent to advertise Suppliers' products/services on our Website. Each Deal will be advertised on our Website for a period of 24 hours to 72 hours or in some instances longer than 72 hours as determined by Dealworkz on its sole discretion commencing at 7:00 am. We will inform you on our Website how long each Deal runs for.
Our Website will continuously monitor the number of Members who place orders for a particular Deal.
When you place an order for a voucher with us, we will require you to provide your credit or debit card details. We will not debit your account for the full price of the voucher until the Deal is activated and/or specified conditions have been met.
32. Applicable law
This agreement will be governed by and interpreted in accordance with the laws of New South Wales Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of New South Wales, Australia.
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
The transactions on this Website are protected with up to 256-bit Secure Sockets Layer encryption. If you have any questions regarding our security policy, please contact us.
34. Fees and Charges
It is a condition of use that merchants will not charge users any additional fees or charges when users register for a deal and it is released other than those fees and charges that would normally be charged in the provision of their services.
35. Use of the Dealworkz Site outside Australia
Dealworkz does not represent that the contents of the Site are appropriate or available for use in countries other than Australia. If you choose to access the Site from outside Australia, you are responsible for compliance with foreign and local laws.
36. Contacting Dealworkz
Dealworkz may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by mail to your address on record in the Site's account information.
37. Terms and Conditions – Overseas Imported Products by Dealworkz (Electronics and/or related accessories)
Apart from the terms and conditions applicable to the use of this website and ordering, purchase, fulfillment and delivery of vouchers for products and services facilitated by Dealworkz for various merchants in question, please familiarize yourself with the following Terms and conditions applicable in specific to Overseas Imported Products by Dealworkz (Electronics and/or related accessories) before placing any orders or undertaking a monetary transfer on the Dealworkz website. These terms and conditions contain important information applicable to ordering, processing, fulfillment, warranty, repairs and delivery of the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) including limitations of liability.
Some products displayed on the Dealworkz website as an offer for sale/purchase, are – Overseas Imported Products by Dealworkz (Electronics and/or related accessories) supplied and/or made available to the end user in conjunction with our overseas channel partners and/or affiliates. Such products as displayed on the Dealworkz website will carry a clear instruction demarcating these as Overseas Imported Products by Dealworkz (Electronics and/or related accessories) under the ‘What’s In’, ‘What’s Out’, and/or the Deal Information section associated with the product in question.
It is important to note Dealworkz is merely a marketing agent/medium/platform facilitating a sale of an Overseas Product imported by Dealworkz and not the actual manufacturer of the product in question which is supplied to Dealworkz and ultimately to the end user in conjunction with Dealworkz overseas channel partners and/or affiliates.
Where a user of the Dealworkz website places an order/makes a purchase of such Overseas Imported Products by Dealworkz (Electronics and/or related accessories) to be delivered in Australia, the user/end customer/recipient will be deemed as the end importer of the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) into their jurisdiction.
37.1 Warranty Terms
Subject to the terms and conditions set out by Dealworkz, Dealworkz agrees to undertake any relevant/appropriate/reasonable repair and/or replacement of the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) which Dealworkz will supply to the end user at its own cost, in circumstances where the product does not perform in accordance with the specifications outlined as associated with the product in question during:
Proof or purchase (invoice and/or paid order confirmation and/or PayPal receipt confirming payment) must be provided when requesting any service under the standard warranty period of 12 months as offered by Dealworkz.
Dealworkz requires any customer requesting any form of service under the standard warranty period of 12 months to comply with all directions provided to the customer/end user by the Dealworkz staff in relation to troubleshooting issues and/or facilitating any repair and/or replacement under such Warranty Terms and Conditions.
Where products are already faulty and/or damaged upon delivery to the end user, where applicable photographic evidence of the fault/damage must be surfaced and submitted to Dealworkz by way of email – firstname.lastname@example.org, before the product will be repaired and/or replaced in accordance with the Warranty Terms and Conditions.
Dealworkz reserves the right to replace the product or any relevant part of a product with the same or equivalent product or part rather than undertake repair. Where a replacement is provided to the end user by Dealworkz, the faulty product and/or part of the product becomes the property of Dealworkz and not the end user. Dealworkz may replace part/parts with refurbished parts as it may deem reasonable. Replacement of the product or any part of a product under the standard warranty offered by Dealworkz, in no way constitutes an extension or restart of the standard warranty on the product in question.
In an event where Dealworkz is unable to repair or replace the faulty/damaged product, the end user/customer will be issued with either store credit for the Dealworkz website or receive a refund for the price of the product in question, at its sole discretion and as determined by Dealworkz on a case by case basis. Where a refund is issued to the customer, the amount refunded will only be equivalent to the actual sale price of the product in question excluding any delivery/handling charges.
Under the standard warranty provided by Dealworkz and for a faulty/damaged product requiring repair, Dealworkz will organize for an authorized courier service to collect the product in question from the customer at a time mutually agreeable and convenient for all parties involved, and deliver the same to an appropriate and authorized repair center as determined by Dealworkz only on the premise that the product in question has been retained in its original packaging by the end user and is deemed safe for transport negating the risk of any damage in transit. In such a situation Dealworkz will cover the cost of the transport of the product in question, to and from the customer.
Alternatively and only as and when authorized by Dealworkz by way of written communication that is email or postal letter, a customer may take the product themselves to an authorized repair center or post the product to an address/location specified by Dealworkz. In this case, Dealworkz will reimburse the end user the costs incurred in posting the product to Dealworkz, only upon provision of a scanned copy of the postage receipt.
Dealworkz reserves the right to deem an repair center as authorized or otherwise at its sole discretion.
The product in question will remain at the customers risk whilst in transit to and from an authorized repair center and for Dealworkz cannot be held liable in any manner whatsoever should further damage be caused to the product which upon further investigation is revealed to be a result of damage caused in transit.
Dealworkz reserves the right to seek reimbursement in an event where costs are incurred by us for the purposes of rectifying (repairing or replacing) a product which is found to be in good working condition and performs in accordance with the specifications as detailed to be associated with the product subject to applicable law.
The standard warranty as offered by Dealworkz and/or its overseas channel partners and/or affiliates on all Overseas Imported Products (Electronics and/or related accessories) can be transferrable to a new owner of the product as a result of a resale activity provided Dealworkz is notified in writing of the same via email@example.com within 14 days of the date of transfer. For the new owner of the product the standard warranty as offered on the product in no way constitutes an extension or restart of the standard warranty.
To the full extent permitted by law, the standard warranty will not apply in respect of a product where:
1. If the end user has failed to comply with and/or follow directions as specified with the associated product and supplied by the manufacturer’s instruction manual and thus caused damage to the product including but not limited to incorrect installation of any part/parts, inappropriate operation and/or use of the product.
2. If the product has been in any manner whatsoever tampered with including but not limited to the removal of any applicable factory serial number/s
3. To any form of damage, malfunction and/or failure of the product to perform as per the specifications associated with the product where the end user may have caused any form of misuse, alterations, abuse, accidents, incidents of fire, liquid spillage, mis-adjustments of controls and/or functions, application of product under incorrect voltage settings, power surges and/or dips, exposure to thunderstorm activities, voltage fluctuation problems, force majeure and/or any form of tampering/undertaking unauthorized repair of the product by persons who may not be deemed qualified to repair electronics resulting in causing defects, incompatibilities of both hardware and/or software, presence of viruses, exposure to corrosion, insect/vermin damage and/or penetration of the product by any foreign object hindering the normal operations and/or functioning or the product.
4. Any damage caused to the product and/or parts as a result of transportation to and from the customer unless otherwise specified in these standard warranty terms and conditions.
5. To any third party hardware and/or software not contained in the product originally configured by the manufacturer
6. To any failure in an event where an act deemed as failure is not that of the product to perform in accordance with the specifications as associated with the product.
7. To replacement or repairs of any associated parts with the product including but not limited to batteries, cables or lost parts and/or accessories
8. To service and support of any software operating system and/or application as installed except for the purposes of restoring the product in question to its default factory settings
9. To service any product whilst it is outside Australia
To the full extent permitted by law:
Dealworkz will not be held liable in any respect whatsoever in an event/s where any loss, damage, alterations and or modifications to third party hardware, software, programs, data and/or information stored on any media or any part of the product, no matter how occurring; for any loss or damage arising from loss of use, loss of profits and/or loss of revenue, or for any resulting indirect loss of damage.
Under no circumstances, with respect to all claims as deemed valid and reasonable under the Standard warranty, Dealworkz’s aggregate liability to any party shall not exceed the original price of the product in question minus any costs associated with delivery of the product, or at the sole discretion of Dealworkz the option of replacing a product with a like or similar standard product.
Dealworkz reserves the right to exclude all other warranties, conditions, terms, representation and undertakings whatsoever whether expressed or implied.
Insofar as they apply to warranties relating to Overseas Imported Products by Dealworkz (Electronics and/or related accessories) in conjunction with our overseas channel partners and/or affiliates these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of Hong Kong and Australia the parties submit to the jurisdiction of the courts of Hong Kong and Australia.
37. 2 Product Specifications - Overseas Imported Products by Dealworkz (Electronics and/or related accessories)
Features and/or specifications as associated with a product described or depicted on the Dealworkz website classified for as an offer for sale, are subject to change without prior notice.
All weights and/or dimensions as specified for the particular product in question and as displayed by Dealworkz, are approximate only unless otherwise indicated.
37. 3 Orders
When a Dealworkz user accesses the Dealworkz website with the intention of making a purchase/placing an order for an Overseas Imported Products by Dealworkz (Electronics and/or related accessories), orders will be received by Dealworkz and a voucher for the sale will be generated specifying the details of your purchase and instructions to obtain the product in question, along with an order confirmation email from PayPal to your nominated email address. This PayPal generated order confirmation email, detailing your payment details, will act as a tax invoice unless otherwise stated.
Dealworkz offers the facility of providing tracking no.’s to the end user/customer where the customer has explicitly requested one in writing to Dealworkz. Such a request can be made via email – firstname.lastname@example.org. Whilst every effort is made on part of Dealworkz to fulfill such a request, Dealworkz reserves the right to refuse the provision of tracking no.’s to a customer.
Dealworkz and/or its overseas channel partners and/or affiliates may without prior notification at any point cancel your order prior to dispatch of the products. In such an event any monies payed by a customer towards securing the product will be refunded in full by way of a PayPal transaction where funds will be reversed back into a customer’s account. The customer will be provided with an email confirmation of the cancellation and refund processing notification from Dealworkz and/or PayPal.
Dealworkz and/or its overseas channel partners and/or affiliates do not assume any responsibility whatsoever for any orders that are declined and/or not accepted due to disruptions with internet service connections.
Dealworkz and/or its overseas channel partners and/or affiliates shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Dealworkz and/or its overseas channel partners and/or affiliates shall be entitled to a reasonable extension of time for the performance of such obligations.
37. 4 Delivery and ownership of product/s
Where applicable and possible, Dealworkz exercises its best efforts to ensure efficient and effective delivery to its customers, however from time to time and/or due to factors beyond our control this may not always be possible.
When a user makes a purchase on the Dealworkz website, the user/s are encouraged to familiarize themselves with estimated and approximate delivery times and/or schedules that may or may not be provided as associated with the product and displayed under the ‘What’s In’, What’s Out’ or Deal information section on the website.
Dealworkz will not be held liable in any capacity whatsoever to issue refunds in an event where the customer due to factors including but not limited to failure to read approximate delivery times, expresses dissatisfaction with delivery delays up to a certain time frame as deemed reasonable by Dealworkz based on the nature and/or size and/or volume of the product/products in question. Where a scheduled dispatch of a product as originally confirmed to a customer, is delayed by more than one week or 7 working days whichever is applicable, customers will be notified by email to their nominated email address as confirmed by the customer at such time when they become a member of the Dealworkz website and/or the email address provided by the customer on the PayPal check out page.
Dealworkz offers the facility of providing tracking no.’s to the end user/customer where the customer has explicitly requested one in writing to Dealworkz. Such a request can be made via email – email@example.com. Whilst every effort is made on part of Dealworkz to fulfill such a request, Dealworkz reserves the right to refuse the provision of tracking no.’s to a customer.
37. 5 Faulty or Damaged products
Dealworkz will undertake repairs or replacement of faulty or damaged products in accordance with the Warranty terms and conditions specified.
37.6 Refunds and Returns
All Refunds may take up to 10 working days to be processed. Other than what has been specified under the 15 day Money back guarantee offered by Dealworkz, refunds are strictly limited to those available under clauses implied by statue.
In order to facilitate a refund under these terms and conditions, email firstname.lastname@example.org.
Products intended to be returned by a user for a refund, must be retuned in their original packaging with all accessories including any hardware’s/software’s and/or must be deemed as to be in a good re-saleable condition as determined by Dealworkz..
It is the customer’s responsibility to ensure safe transportation of the product in question for return with the intention of obtaining a refund. Dealworkz or its overseas channel partners and/or affiliates assume no liability and/or responsibility for any products lost in transit and thus Dealworkz will not be able to issue any refunds whatsoever in the absence of the product in question.
37. 7 Warranties
All Overseas Imported Products by Dealworkz (Electronics and/or related accessories) sold on the Dealworkz website in conjunction with its overseas channel partners and/or affiliates are covered by a standard 12 month Warranty supplied by Dealworkz.
Dealworkz will arrange for spare parts for each product for the length of the Standard Warranty period and do not guarantee the availability of spare parts outside the 12 month warranty period. Where a product is outside of warranty, Dealworkz and/or its overseas channel partners and/or affiliates reserve the right to refuse service or supply of spare parts where stock is limited.
Nothing in these terms and conditions excludes the application of statutory conditions, warranties and/or guarantees.
37. 8 Liability
To the extent permitted by law:
Use of Overseas Imported Products by Dealworkz (Electronics and/or related accessories) in your jurisdiction
It is the customer’s responsibility to ensure it is lawful to import the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) into your jurisdiction and/or use them in your jurisdiction. It is the customers’ responsibility to obtain any permits for or make any modifications to the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) so as to enable them to be imported into or used within the customer’s jurisdiction.
The Customer warrants that it will not use the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) in any unlawful manner, or for any unlawful purpose, according to the laws of your jurisdiction.
Dealworkz reserves the right to make changes to the website and these Terms and Conditions without prior notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by Dealworkz to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right and the exercise of a power and right by Dealworkz does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfillment and delivery of such Overseas Imported Products by Dealworkz (Electronics and/or related accessories) Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of Hong Kong and Australia and the parties submit to the jurisdiction of the courts of Hong Kong and Australia.
In respect of any order placed for an Overseas Imported Products by Dealworkz (Electronics and/or related accessories), certain taxes may be levied by the destination country. You will be the importer of record for the purpose of customs and border processing. You agree that you are liable to pay such taxes with respect to the Products to the relevant authority in addition to your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Products are shipped. You agree that neither Dealworkz nor any of its overseas channel partners and/or affiliates can be held liable in any capacity whatsoever to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay taxes in a particular jurisdiction.
Title and risk in the Overseas Imported Products by Dealworkz (Electronics and/or related accessories) passes to the Customer at the point of dispatch or embarkation by Dealworkz to its nominated courier company.
40. 15 Day Money back guarantee on overseas imported products by Dealworkz
In order to organize a refund under these terms and conditions, the customer must notify Dealworkz by way of email email@example.com within 15 days of placing an order/making a purchase of their Overseas Imported Products by Dealworkz (Electronics and/or related accessories), and request a refund under these terms and conditions. The customer agrees to comply with the directions provided by Dealworkz staff so as to facilitate a refund as soon as possible and/or in the most efficient manner.
Where a customer requests a refund in accordance with these terms and conditions, the refund will be for the amount of the purchase price of the product and exclusive of any delivery costs as specified in the customer’s order.
The 15 day period will commence on the date when the customer makes a purchase on the Dealworkz website. Where there is no proof of purchase, the customer agrees to waive any rights/entitlements to claim a refund from Dealworkz.
Returned products must be returned in accordance with the Terms and Conditions set out by Dealworkz for Overseas Imported Products by Dealworkz (Electronics and/or related accessories), and inclusive of the general terms and conditions that apply for the use of the Dealworkz website and the ordering, purchasing, fulfillment and delivery of vouchers for products and services as facilitated by Dealworkz. This includes the product in question being returned in the original packaging with all accessories and as deemed by Dealworkz to be a in a good condition for re sale.
Customers must return the products for which they are seeking a refund, at their own risk. After receiving the returned products, Dealworkz will issue a refund as soon as it is possible and the customer will be provided with email confirmation of the same. Where possible, refunds will be processed by reversing the initial customer transactions. Dealworkz accepts no responsibility whatsoever for any delays that may occur in receiving the refund as a result of any third party payment gateway.
Dealworkz reserves the right to make changes to the above 15 day money back guarantee terms and conditions without prior notice.
The 15 day Money back guarantee hold true and valid only for Overseas Imported Products by Dealworkz (Electronics and/or related accessories) and under no circumstances can and/or will hold true for extension to Australian Stock Electronics and/or related accessories and/or any other Product based or Service based deal offered to the end user for purchase as facilitated by Dealworkz.