These terms and conditions govern your use of the website www.mydeal.ie (“our Website”) and the use of our services. These terms and conditions form an agreement between us. By visiting and/or using our Website and associated services, you agree to be bound by these terms and conditions.
We may change these terms and conditions at any time without notice. Any change will be effective immediately. Your use of our Website after any change constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Therefore, you should read these terms and conditions from time to time for changes.
MyDeal.ie provides daily deals for its members “Site” means MyDeal website at www.mydeal.ie and its related partner websites. By accessing or using this Site, you agree to be bound by and accept without limitation or qualification the following terms and conditions (“Terms and Conditions”).
1. In these terms and conditions the following words and phrases have the following meanings:
“Advertising Period” means the period during which a Deal is advertised for sale on our Website;
“Deal” means a Supplier’s goods / services advertised on our Website;
“Member” or “you” means you the user of our Website and associated services;
“Suppliers” means those third party merchants who engage us to advertise their goods / services on our Website.
How MyDeal Works
2. We act as a part-time agent to advertise Suppliers’ goods / services on our Website.
3. We do not ourselves supply or sell any of the goods / services shown on our Website.
4. Each Deal will be advertised on our Website for a period of 48 hours. Some Deals may be advertised on our Website for up to 72 hours. We will inform you on our Website how long each Deal runs for.
5. Each Deal will need a minimum number of persons to place orders before the Deal becomes “active”. The minimum number for each Deal will be shown on our Website.
6. Our Website will continuously monitor the number of Members who place orders for a particular Deal.
7. When you place an order for a Deal, it will constitute an offer to purchase a voucher from the relevant Supplier in respect of the goods / services which are the subject of that particular Deal. We will issue the voucher on behalf of the relevant Supplier. Your offer will be deemed accepted once the Deal becomes “active”.
8. We reserve the right to accept or reject your offer to purchase a voucher for any reason. If we do so, we will provide you with a full refund of any payment received.
9. In order to place an order for a voucher/coupon with us, you will need to register as a Member. You can register as a Member by clicking here
10. 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 becomes active.
11. Once a Deal has become active, we will send to you by email only, a voucher for the Deal that you have placed an order for that can be redeemed from the Supplier subject to these terms and conditions.
12. Once you place an order for a voucher, we will email you an order confirmation. A voucher cannot be combined with any other gift certificates, vouchers (issued by us or anyone else) or other Supplier promotions unless the Supplier states otherwise. We will also email the relevant Supplier your name (and you consent to us doing so) together with the details in 13(a) below.
13. Each Voucher:
will include your name, a unique voucher identification number and (if applicable) a unique voucher code if the goods / services the subject of the Deal can only be redeemed on-line via the Supplier’s website / on-line store;
can only be redeemed from the relevant Supplier for the goods / services specified in it;
cannot redeemed for cash or applied as payment to any account.
14. 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 which you chose not to accept.
15. Each voucher will constitute a tax invoice for the goods/services purchased. All vouchers are issued by us as agent for the Supplier of the relevant goods/services.
16. We are not liable or responsible:
if your voucher cannot be emailed to you, for example because it is blocked by a firewall or filter or because you have given us an incorrect email address or because you have changed your email address; and
for any damaged, lost or stolen vouchers.
17. Our Suppliers are also not liable or responsible for any damaged, lost or stolen vouchers.
18. You may only redeem a voucher once.
19. All vouchers are issued subject to these terms and conditions.
Supply of Goods / Services
20. You can only redeem vouchers from the relevant Supplier of the goods / services specified in the voucher. We do not ourselves sell the goods / services which we advertise on our Website as Deals. The relevant Supplier is solely responsible for redeeming any voucher which you purchase.
21. Vouchers may also be issued subject to additional terms and conditions of the relevant Supplier. Those additional terms and conditions may include (although this is not an exhaustive list) terms that:
the voucher may only be redeemed within a certain period of time from the relevant Supplier, after which your voucher will expire and may not be redeemed;
you can redeem your voucher from the Supplier by appointment only;
you may only redeem your voucher on certain days of the week;
if the redemption of your voucher is subject to making a booking and you subsequently cancel that booking, your voucher may be forfeited;
limit the liability of the Supplier.
22. If any additional Supplier terms and conditions apply to a Deal / voucher, then we will inform you of those additional terms and conditions when we advertise the Deal on our Website. You acknowledge and agree however that some additional Supplier terms and conditions may only be obtained directly from the Supplier on request and/or from the Supplier’s website. It is your responsibility to inform yourself of the Supplier’s additional terms and conditions.
23. Bookings to redeem your voucher may be subject to any Supplier policies.
24. If you cancel a booking to redeem your voucher, you may incur a cancellation fee payable to the Supplier.
25. All goods / services are subject to Supplier availability. We cannot guarantee that goods / services will be available so that you can redeem your voucher at your preferred date and time.
26. You acknowledge and agree that Suppliers may cancel and reschedule any booking which you make to redeem a voucher.
Pricing and Payment
27. All prices shown on our Website are inclusive of GST. Prices are current at time of display but are subject to change without notice.
28. We will not issue a voucher to you until payment in full is received. If your payment is declined for any reason, we will not issue you with a voucher.
Refunds by MyDeal
29. If your voucher expires or becomes invalid for any reason, then it is not refundable in whole or in part.
30. You acknowledge and agree that vouchers are not refundable if your voucher has been damaged, lost or stolen or if you are unable to redeem your voucher or if you have changed your mind.
31. We will however refund the price which you have paid for a voucher if:
we become aware that a Supplier has become bankrupt, started being wound up, entered into administration or had a receiver appointed to it after the start of the Advertising Period but before we transfer the purchase price which you have paid for a voucher to the Supplier;
we make a mistake, for example by issuing you a voucher which is incorrect.
32. In order to register as a Member, you promise that you are over 18 years of age.
33. In order to register as a Member, you must provide personal information including your name, date of birth and email address. You promise that all of the personal information which you provide is correct.
34. It is your responsibility to email us if any of your personal information changes. You must always have a valid email address.
35. When you register as a Member, you will be required to provide a password in order to access your Member account and place orders for vouchers. You should not disclose your password to anyone else. We will not be liable for any loss which you might suffer because you disclose your password to anyone else or if anyone else accesses your Member account. You are responsible for maintaining control of your Member account and what occurs on your Member account.
36. You must not impersonate any other person or Member. It is your responsibility to email us immediately if you suspect or believe that there has been any unauthorised use of your Member account or if someone else knows your password.
37. Your Membership is a privilege, not an entitlement and we may change our services and suspend, terminate or restrict your Membership if we believe that this is reasonably justified having regard to these terms and conditions including because:
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our other Members, third parties or us;
you have, or we believe that you have, breached these terms and conditions.
If that occurs, you may not be able to access our Website or our services temporarily or permanently and you may be prohibited from applying for a new Member registration.
38. Your registration as a Member is not transferable.
39. You must not interfere or attempt to interfere with our Website and/or associated services using any software program, routine or other activity.
40. You must not user block, obscure, overwrite or modify any content on our Website.
41. You must not use profanity on our Website or submit any content that is false, obscene, defamatory, racist, sexist or which breaches any laws.
42. In addition, you must not, in connection with our Website and/or our services:
use intellectual property without the express permission of the person who owns the intellectual property;
engage in or encourage, promote or procure other persons to engage in illegal activity;
encourage, promote, facilitate or procure others to infringe copyrights, trademarks or other intellectual property rights;
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 our Website including, viruses, trojan horses, worms, timebombs, cancelbots easter eggs or other computer programming / software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.
43. So that we can use any content and information that you provide to us, you grant to us a non-exclusive worldwide perpetual, irrevocable and royalty-free licence to use and sub-licence your content and information solely for the purposes of our Website and associated services.
44. You must not copy, reproduce, modify, republish, upload to a third party, transmit, post or distribute the contents of our Website in any way, electronically or otherwise without our express authorisation. However, strictly on the condition that you keep all content intact and in the same form as presented on the Website, you may, using an industry-standard web browser download and view the content for personal, non-commercial use only. Our Website must not be used in any unlawful manner or purpose or in any manner which violates the rights of any person which is prohibited by these terms and conditions.
45. We will endeavour to provide you with access to our Website 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we do not warrant that access to our Website or that the functions contained in any content or any public interface or user access to our Website will be uninterrupted or error-free, that any defects will be corrected or that our Website or the server which stores and transmits content to you are free of viruses or other harmful components.
46. You acknowledge and agree that our Website is not fault-free and that you may experience interruptions and access difficulties from time to time. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Website may be interfered with by numerous factors outside our control.
47. The information contained on our Website is provided by use in good favour on an “as is” basis. However, we make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website.
48. We reserve the right to refuse or remove any information or content which you submit, without needing to give any reason.
Disclaimers and Limitation of Liability
49. You acknowledge that our Website may contain hyperlinks and other pointers to internet websites operated by other third parties (“linked website”). You also acknowledge that these linked websites are not necessarily under our control and that we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks as a convenience only and the inclusion of any link does not imply any endorsement of the linked website by us. If you link to any such website, then you do so entirely at your own risk.
50. Our Website may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by other third parties or their licensees or contractors. 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 by or from us.
51. You acknowledge and agree that all information and content which is posted on or transmitted through our Website by third parties (including Suppliers) is the sole responsibility of the third party who provided that information and content. You therefore use our Website at your own risk.
52. In particular, information about Suppliers’ goods / services is derived from material and information provided by the Suppliers. You acknowledge and agree that we will not be responsible for incorrect information or material supplied to us by Suppliers (including descriptions of the goods / services the subject of any Deal).
53. You acknowledge that you are solely responsible for ensuring that all goods / services the subject of any Deal, our Website and our services meet your requirements of their intended function, application and/or use.
54. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT INVOLVED IN ANY ACTUAL TRANSACTION BETWEEN YOU AND A SUPPLIER FOR A SUPPLIER’S GOODS / SERVICES. AS RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF GOODS / SERVICES SUPPLIED BY SUPPLIERS OR CONTENT POSTED BY SUPPLIERS OR OTHER THIRD PARTIES ON OUR WEBSITE OR THE ABILITY OF SUPPLIERS TO SELL GOODS / SERVICES.
55. TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED TERMS, CONDITIONS, WARRANTIES, STATEMENTS, ASSURANCES AND REPRESENTATIONS IN CONNECTION WITH OUR WEBSITE AND/OR OUR SERVICES ARE EXPRESSLY EXCLUDED. IN PARTICULAR, TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THE GOODS / SERVICES OF SUPPLIERS WHICH ARE ADVERTISED ON OUR WEBSITE, UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
56. TO THE EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS, WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES INCLUDING WITHOUT LIMIT, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF OPPORTUNITY OR GOODWILL, CORRUPTION OF DATA OR SOFTWARE, EQUIPMENT FAILURE OR DAMAGE, SECURITY BREACH, NETWORK INTRUSION, NETWORK DOWNTIME OR BUSINESS INTERRUPTION HOWEVER CAUSED IN CONNECTION WITH OUR WEBSITE AND/OR OUR SERVICES.
57. In particular, in no event will we be liable for any acts, omissions or defaults of any Supplier or any third party including (and this is not an exhaustive list):
if a Supplier fails to provide you with the relevant goods / services, in whole or in part, when you try to redeem a voucher;
if you incur any costs, for example, travel and accommodation costs because you cannot redeem a voucher;
if a Supplier cancels your booking to redeem a voucher.
58. We expressly limit our liability for breach of a non-excludable express or implied term, condition, warranty, statement, assurance or representation by virtue of any legislation, to the following (the choice of which is at our discretion):
1. in the case of goods:
– the replacement of the goods or the supply of equivalent goods; or
– the repair of the goods; or
– the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– the payment of the cost of having the goods repaired;
2. in the case of services:
– the resupply of the services; or
– the payment of the cost of resupply of the services (which in most instances would be the value of the voucher for any particular Deal).
59. In the next point:
“Claim” means a demand, action, assessment, determination or proceeding of any nature, whether actual or threatened; and
“Loss” means any liability, cost, expense or damage and in relation to a Claim, Loss includes amounts payable on a Claim (whether or not the Claim is successful), legal costs and disbursements on a solicitor and own client basis.
60. You at all times agree to indemnify us, our directors, officers, employees and agents and agree to hold us, our directors, officers, employees and agents harmless from and against all Claims and Loss which we and/or you suffer or incur in connection with:
1. your use of our Website;
2. our services;
3. any goods / services supplied by Suppliers;
4. any acts or omissions of Suppliers;
5. third party claims that their rights (including intellectual property rights) have been breached;
6. breach of any warranty or representation that you have given to us, including in these terms and conditions.
61. We own all intellectual property rights, including without limitation the copyright in the source code and object code in the software supporting and operating our Website and the content of our Website to the extent that such content has been prepared and posted to our Website by us. You are provided with access to our Website only for your personal and non-commercial use. Other than for this permitted purpose, you may not in any form or by any means:
adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Website; or
commercialise any information, products or services obtained from any part of our Website without our written permission.
62. You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.
63. Except as expressly permitted by these terms and conditions or by us in writing, you may not use or copy any trademark, trade name, service mark, logo, symbol or other intellectual property rights owned by us without our prior written approval.
64. Nothing in these terms and conditions grants you any title, right or interest in our intellectual property.
65. You represent and warrant that all information, content, materials and anything else which you provide to us do not infringe, directly or indirectly, the intellectual property rights of any other person.
66. These terms and conditions are incorporated by implication into all contracts between us and you in relation to the use of our Website and associated services. They are also incorporated by implication into all contracts for the purchase of the goods/services supplied by our Suppliers in respect of whom we act as their part-time agent.
67. Unless expressed in writing to you, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver or variation thereof nor will the exercise by us of any other right, power or privilege prevent us from exercising any other rights, power or privileges available to us.
68. These terms and conditions are governed by the laws in force in NSW. Both you and we submit to the jurisdiction of the courts of NSW and all courts of appeal therefrom.
69. If any part of these terms and conditions is held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provisions have been deleted.
70. Nothing in these terms and conditions is intended to create an agency, partnership or joint venture relationship between us and you. Neither we nor you have any authority to bind the other to any obligation to any third parties unless otherwise agreed in writing.
71. We will not be liable for any delay in performing any of our obligations under these terms and conditions due to circumstances beyond our reasonable control.
72. If we sell our business or our intellectual property rights relating to our Website, you agree that we may transfer to the buyer your personal information.
Privacy and Personal Information
73. You may ask us to provide you with access to the personal information that we hold about you unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
74. If you wish to gain access to your personal information or if you have any question about how your personal information is collected or used, please contact us at email@example.com.
75. You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
76. We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails) or when you register to become a Member. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth.
77. We use your personal information for the following purposes:
in order to be able to issue vouchers to you in connection with our Website; and
internal management purposes.
78. You consent to us emailing you in relation to supply of vouchers, Member account information, orders you place for vouchers and other information in connection with our services. We do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services, unless you agree to us doing so on an “opt in” basis as part of our Member registration process.
79. In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, our Website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our Website.
80. We protect your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.