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Terms and Conditions
- The MealDeals website is owned and operated by MealDeals Ltd. By using the website, you must accept these terms and conditions. If you do not accept them, you must retain from using the website. MealDeals Ltd. is New Zealand owned and operated company.
- These terms and conditions and/or our privacy policy may be amended in whole or in part by MealDeals Ltd. at any time at its discretion. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Website or the Services represents your agreement to be bound by the amended terms and conditions. These terms and conditions were last updated on 20 September 2012.
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In these terms and conditions the following expressions have the meaning set out:
- "Advertiser" means a merchant that has agreed with MealDeals Ltd. to make products or services available to you on the Website
- "Deal" means the products and/or services being offered by an Advertiser through the MealDeals website
- "Live" means a Deal has hit the required threshold stated in the relevant MealDeal Deal (i.e. the minimum number of Vouchers on offer)
- "member" means a registered user of the MealDeal website
- "Now Deal" means the products and/or services being offered by an Advertiser through the MealDeal Now Service, being deals that are available for a more limited time than the MealDeal Deals, generally for only hours at a time
- "Now Voucher" means a Voucher used by you to redeem goods or services from Advertisers pursuant to a Now Deal
- "Promotional Discount" means any discount offered to members from time to time, to be used for specific purchases and applied to purchases as set out in the "Redemption of Vouchers" section of these terms and conditions
- "Services" means the MealDeal Service and the MealDeal Now Service
- "MealDeal Services" means the MealDeal Service, the MealDeal Now Service and/or any one or more of the services offered by MealDeals Ltd. Limited
- "MealDeal Deal" means the products and/or services being offered by an Advertiser through the Website via the MealDeal Services, excluding Now Deals
- "MealDeal Now Service" is a real-time, location-based deal service offered by MealDeals Ltd. as a feature on the Website under the 'Now Deals' section of the Website and may be available via a mobile offering
- "MealDeal Service" means the MealDeal website and mobile based advertising and credit/debit card payment service operated by MealDeals Ltd., excluding the MealDeal Now Service
- "MealDeal Voucher" means a Voucher used by you to redeem goods or services from Advertisers pursuant to a MealDeal Deal
- "Voucher" means a voucher used by you to redeem goods or services from Advertisers pursuant to a Deal
- "Website" and "MealDeal website" mean the MealDeal website owned and operated by MealDeals Ltd. (and may include any mobile offering of the MealDeal website) and "you" means you, the buyer, wishing to buy items on the Website (you must be registered to be a MealDeal User)
YOUR USE OF THE MEALDEAL WEBSITE
- The Services are online group buying services operated by MealDeals Ltd. Limited. The Services provide distribution channels for Advertisers seeking to offer Deals. All MealDeals Deals are provided on a group basis (providing for the opportunity of discounted rates based on volume of goods and services sold).
- MealDeals Ltd. reserves the right at its discretion to decline to provide you with the Services at any time, or to amend, alter or terminate the Services in any way.
- You agree MealDeals may send you emails or push notifications relating to your transactions and activities on the Website. MealDeals may also send regular Deal emails (via email or push notification), electronic newsletters and other communications to MealDeals website users. You will be able to unsubscribe from these emails and newsletters or alter your push notifications if you wish.
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You must:
- be 18 years old and able to form a legally binding contract
- Ensure that your username and password are kept secure and confidential. MealDeals Ltd. is entitled to act on any instruction issued using your username and/or password unless you notify us otherwise
- Not post or transmit any information on the Website which is illegal, objectionable, false or misleading, infringing the intellectual property rights of a third party or otherwise breaches any policy or guideline issued by Trade Me from time to time.
TERMS OF SALE
- You must register with MealDeals and create an account in order to be eligible to purchase a Deal. This is required so you can log in at a later stage and view/print/redeem your Vouchers. You may also view your past purchases for a certain period of time.
- All purchases must be made via credit or debit card. When you agree to a Deal, you agree to your credit or debit card being charged and to the applicable terms and conditions of the Deal (including redemption of the relevant Voucher).
- Your credit or debit card details are kept secure and encrypted, and in accordance with our privacy policy. MealDeals is not responsible for protecting members from credit card fraud.
- When you select a MealDeals Deal on the Website you make an offer to purchase the relevant product or service. You must keep your offer open (and cannot withdraw it) until either the MealDeals Deal goes Live or the MealDeals Deal does not meet the necessary threshold to go Live and expires. The relevant price for a MealDeals Deal will be deducted from your credit or debit card when you select a MealDeals Deal.
- As soon as a MealDeals Deal is Live you form a binding agreement directly with the Advertiser offering the advertised deal. In the event that the required threshold (for the deal to go live) is not met, your card will not be charged and the preauthorized funds deducted will be released from your credit card account within seven days. There are no additional fees for using your credit or debit card to pay.
- When payment is made for a Now Deal you form a binding agreement directly with the Advertiser offering the advertised Now Deal.
REDEMPTION OF VOUCHERS
1.1 The following applies to redemption of all Vouchers:
- Vouchers will be made available on the MealDeals website or by email. Vouchers must be presented to the relevant Advertiser for redemption by printout.
- Each Voucher has a unique code and can be redeemed only once.
- Your name, or if you purchase a MealDeals Voucher for a gift, the recipient's name, will be printed on the Voucher and provided to the Advertiser.
- Redemption dates/times will be outlined in the terms of the Voucher offered on the Website. All Vouchers expire on the date specified on the Voucher. No refunds are payable by either MealDeals Ltd. or the relevant Advertiser for expired MealDeals Vouchers. See paragraph 1.2 below regarding unused Now Vouchers.
- It is at the discretion of the Advertiser offering the Voucher as to whether it can be redeemed in conjunction with other offers, deals or promotions.
- You bear the sole responsibility for lost or stolen Vouchers.
- As long as the terms of the Voucher allow it, you may give Vouchers purchased in your own name to another person. However, your name will still be printed on the Voucher and provided to the relevant Advertiser.
- Any attempted redemption of Vouchers, which is inconsistent with these terms and conditions, or the Voucher terms and conditions, will render the Voucher null and void.
- Vouchers may not be redeemed incrementally.
- If you redeem a Voucher for less than the face value of the Voucher, no change will be given for the shortfall.
- Once purchased, Vouchers cannot be changed, cancelled, redeemed for cash or refunded.
- The Advertiser is responsible for redemption of Vouchers and is liable to you for any damage or loss that may be suffered by you as a result of the provision of any good or service purchased on the Website.
- MealDeals Ltd. receives a commission from the Advertiser when a Deal is advertised on the site and either the MealDeals Deal has gone Live or the Now Deal is redeemed with the Advertiser. However, MealDeals Ltd. is not responsible for the redemption of any Voucher.
- In the event there is any inconsistency between these terms and the terms advertised on the Voucher by the Advertiser, these terms and conditions will prevail.
1.2 The following applies to redemption of Now Vouchers:
- Now Vouchers that are not redeemed before they expire will automatically convert into credits that may be used for future purchases on the Website ("Now Credit"), unless you attempted to redeem the Now Voucher in a manner inconsistent with these or the Now Voucher terms and conditions, in which case the Now Voucher will be null and void.
- MealDeals Ltd. will maintain credit accounts for each MealDeals member to record your Now Credits.
- Unless specified otherwise, Now Credits may be used to purchase any Deal offered on the Website.
- Any Now Credits you have will be automatically applied to the price of any future Deals you purchase. The purchase price will be met firstly by any Promotional Discounts, then Now Credits, with any remainder of the price owing being deducted from your credit or debit card only when you have no Promotional Discounts or Now Credits remaining.
- No interest is payable on the amount of your Now Credits, and Now Credits cannot be redeemed for cash or refunded.
- Now Credits cannot be gifted and are not transferable between members.
- If, for any reason, you receive a refund or discount from the Advertiser of a Deal, any Now Credit given to you in relation to that Deal will be removed from your MealDeals account. If any such Now Credit has already been used before being removed, your payment method (credit or debit card) will automatically be charged the amount of the refund or discount received from the Advertiser.
- From time to time, members may be offered Promotional Discounts to be used for specific purchases, for example by region, platform, deal type, date range or member behavior. These discounts will not show in your Now Credit balance but will be visible prior to making a purchase. Any Promotional Discounts you have will be automatically applied to the price of any relevant Deal you purchase, before any Now Credits or your credit or debit card is used. Promotional Discounts can expire and will be subject to any additional promotion terms.
- If you have not logged on to the Website for a period of 12 months, any unused Now Credits are forfeited to MealDeals Ltd. and any unused Promotional Discounts will expire.
INTELLECTUAL PROPERTY
- MealDeals Ltd. (and its licensors or suppliers, as the case may be) owns all intellectual property rights in the Website, including everything you see on the Website, the software and other material underlying the Website or that is used by MealDeals Ltd. with the permission of Advertisers. Unauthorized use of MealDeals Ltd. or any Advertiser's intellectual property may result in civil and/or criminal penalties.
- The MealDeals and MealDeals Now names and logos are trademarks of MealDeals Ltd. Limited. All rights in these trademarks are reserved.
LIABILITY
- You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a MealDeals Deal, or your use of the Website's message boards.
- MealDeals Ltd. takes steps to ensure that information displayed on the Website is accurate and complete, but does not guarantee that information on the Website is free from errors or omissions and does not accept liability for any errors or omissions. MealDeals Ltd. reserves the right to alter information published on the Website if MealDeals Ltd. considers it incorrect or misleading.
- MealDeals mobile offerings may detect user location and we will endeavor to ensure we have you in the right location. However, MealDeals Ltd. excludes any liability in the event location information is incorrect.
- The Services and all information and materials on the Website are provided "as is" and MealDeals Ltd. does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. MealDeals Ltd. makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on the Website.
- To the maximum extent permitted by law (and subject to any rights you have under the Consumer Guarantees Act 1993), MealDeals Ltd. is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of the Website or the Services or from the use of, or inability to use, any product or service bought via Vouchers on the Website. If, notwithstanding these terms and conditions, MealDeals Ltd. is held liable, then MealDeals Ltd. total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount of the Voucher purchased.
SYSTEM AVAILABILITY
- MealDeals Ltd. will use its reasonable endeavors to ensure the availability of the Website and the MealDeals Ltd. Services, subject to any downtime required for maintenance. However, MealDeals Ltd. takes no responsibility for any system unavailability or for any loss or damage that is suffered as a result of the Website or MealDeals Ltd. Services being unavailable for any reason. MealDeals Ltd. does not warrant that the Website or the MealDeals Ltd. Services will be uninterrupted or error-free, or that the Website will be free from viruses or other harmful content. Further, MealDeals Ltd. is not responsible or liable for the corruption of any data or information submitted via the Website or held by MealDeals Ltd..
PRIVACY
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MealDeals Ltd. collects personal information about you through your use of the MealDeals Ltd. Services and the Website, including:
- your contact details; and
- Information relating to your use of the Website and the content you access.
- You agree that MealDeals Ltd. may use this personal information to assist MealDeals Ltd. to provide the MealDeals Ltd. Services to you, for internal research purposes, to verify your identity, for promoting and marketing other MealDeals Ltd. products and services to you, and for any other use that you authorize.
- MealDeals Ltd. will not sell or allow third parties to access your personal information without your consent. MealDeals Ltd. releases account and other personal information only when it believes release is appropriate to comply with the law, to facilitate court proceedings, to enforce or apply MealDeals Ltd.'s terms and conditions or protect the rights, property, or safety of MealDeals Ltd., its website users, its members or others.
- Please review our privacy policy, which forms part of these terms and conditions. By using the Website you accept the terms of our privacy policy, as amended from time to time.
GENERAL
- MealDeals Ltd. will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by MealDeals Ltd.. Any unlawful or voidable provision in these terms and conditions shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed without affecting the validity, legality or enforceability of the remaining provisions.
- In the event a dispute arise between you and another user of the MealDeals website (including a third party/Advertiser), you agree not to include MealDeals Ltd. in any such dispute.
- These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
REFUND POLICY
- Any deal purchased on mealdeals website will not be refunded in any condition. MealDeals Ltd will not be responsible for any defective and wrong item. You can contact to advertiser for the item you want to refund. MealDeals will not interfere between both parties.
- Once you have purchased a deal you are committed to the transaction and your credit card will be charged immediately following confirmation of the deal and we will not give you any refunds or allow exchanges.
- "Meal Deals" will appear on cardholder statements for any transactions through this website.