Terms and Conditions

Sure Deal Pty Ltd

Customer Terms and Conditions

1. User agreement

1.1. This agreement is formed between you, the visitor to this website and Sure Deal Pty Ltd (ACN 153 727 210) of Level 1, 12 Kings Park Rd, West Perth, WA, Australia 6005 ("Sure Deal", "we" and "us")
1.2. By visiting and/or using the suredeal.com.au website, associated services and functionality ("website") you agree to be bound by this agreement ("agreement")
1.3. Sure Deal may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the website. You should check this agreement from time to time, especially when ordering goods or services and to acquaint yourself with the current version of the agreement.

2. Registration

2.1. In order to make purchases, submit comments and access some features of the website, you will need to be a registered member.
2.2. You may not use another member’s account without their permission.
2.3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

3. Legal Capacity

3.1. By making a purchase through the website you warrant to Sure Deal that you are over 18 years of age.
3.2. Should Sure Deal suffer any loss or damage, as a result of a transaction entered into by a minor, Sure Deal reserves 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.

4. Supply of website services to you / termination

4.1. Sure Deal reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2. We may terminate your account or restrict your access to the website if we reasonably consider that there has been a breach of this agreement by you. If we do this, you may to the extent permissible at law be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

5. Disclaimer

5.1. We will provide the services that we provide with due care and skill but we do not warrant to you that the website will be provided without fault or disruption. You agree and acknowledge that unless indicated to the contrary, Sure Deal is not the supplier of the goods and/or services that you may purchase through the voucher system facilitated by the Sure Deal website. The ultimate providers and suppliers of those goods/ services ("providers") are the relevant suppliers of the goods/services for which the vouchers are redeemable. It is those providers (and not Sure Deal) who are responsible for providing the services purchased through the website.

To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss 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:

5.1.1. errors, mistakes or inaccuracies on the website;
5.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website and any purchases of goods or services acquired through the website;
5.1.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;
5.1.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.6. any interruption or cessation of transmission to or from our website;
5.1.7. 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
5.1.8. failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
5.2. Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from 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 third party providers of goods and /or services.
5.3. Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) 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 be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Sure Deal by you for the voucher in question.
5.4. Some services provided by providers may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such service you should inform yourself of the risks and/or specific skills or qualifications involved.
5.5. It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the service provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. Sure Deal accepts no liability in this regard.

6. Use of website by you

6.1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
6.2. 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. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Sure Deal's prior written consent.
6.3. 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.
6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

7. Information on this website

7.1. Information about goods and services promoted on the website, is based on material provided by the providers and product manufacturers of these goods and services and Sure Deal in good faith relies upon the information supplied to it by providers and does not independently check the accuracy of the information supplied.
7.2. You understand and agree that except to the extent required by law, we do not accept liability in respect of errors or omissions caused by incorrect or inadequate information supplied to us or by providers or manufacturers
7.3. You agree to make your own enquiries to verify information provided about the goods and services promoted on the website and to assess the suitability of these goods and services before you purchase a voucher on the website. Your participation in any provision of goods and or services offered by a provider is conditional upon your acceptance of the provider's terms and conditions as notified at the time of booking.
7.4. You agree and acknowledge that

1. deals for goods or services advertised on an Australia-wide basis may not necessarily operate in remote areas;
2. where providers offer services on the basis of 'sessions' or otherwise on time basis the advertised duration may be indicative and approximate;
3. providers are under no obligation to give priority to you in respect of the booking or scheduling of services using a Sure Deal voucher and you may be required to take your turn alongside the provider's other customer(s). This may necessitate a waiting time in scheduling your booking and/or on the date of voucher redemption;
4. where providers offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
5. the providers of certain types of experiences may impose conditions such as minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to obtain details of any restrictions that may apply from the provider prior to confirming any booking and confirm that you are able to comply;
6. photographs appearing on our website to illustrate details of offers of providers are generally those made available to us by providers. They are intended to be indicative only of the services, venues and locations at which services are offered by providers. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
7. a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
8. restaurant menus advertised on the website are indicative only and subject to change without notice; and
9. where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.

8. Orders

8.1. The promotion of goods or services on the website does not constitute an offer to sell or guarantee the availability of vouchers redeemable for these goods or services. It is an invitation to treat only. The availability of any goods or services promoted on the website may be subject to Sure Deal's receipt of a minimum number of orders for that deal having been received by us. Any pre-determined number of vouchers required to be purchased before the goods and services promoted on the website are available for purchase may be determined by third party suppliers / providers.
8.2. Orders placed by you via the website, are offers to purchase a voucher for particular goods or services pursuant to the terms of this agreement, together with any third party supplier/ provider specific terms and conditions at the price specified (including delivery and other charges).
8.3. We reserve the right to accept or reject your offer to acquire a voucher for reasons including, but not limited to, the inability to meet minimum order requirements referred to in clause 8.1, the unavailability of any product, service or deal, an error in the price or product description, or an error in your order. If your order is rejected or not accepted, we will provide a full refund of any payment received.
8.4. Once an order for a voucher is submitted, you cannot cancel your order.
8.5. Where you purchase a Sure Deal voucher as a gift or otherwise intended for someone else, you remain liable for payment and responsible for compliance or procuring compliance by the gift recipient with the provider's terms and conditions

9. Price

9.1. The prices of goods and services, delivery and other charges shown are in Australian dollars and include GST where applicable.
9.2. Prices of goods and services are current at time of display but are valid only for the period of time (or any extension provided by us) in which they are available for purchase.

10. Payment

10.1. All payments must be received in full prior to a voucher being issued. Please read the Payment section of the website for payment options.
10.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold vouchers against your order.

11. Delivery of Sure Deal Voucher

11.1. Your Sure Deal voucher (for the goods or services shown on your order confirmation) will be accessible via your account with Sure Deal.
11.2. We cannot be held liable nor responsible for any loss suffered as a result of a Sure Deal voucher not being received by you due to circumstances beyond our reasonable control, for example, because the email was blocked by a firewall or filter, or where you provided us with the wrong email address.

12. Voucher redemption / Supply of goods/services

12.1. The services supplied by Sure Deal in exchange for your payment are the provision of vouchers subject to the terms and conditions of this agreement. Subject to the other terms and conditions of this agreement, any Sure Deal voucher you purchase shall be redeemable for the specified goods or services only from the provider and shall only be available for redemption during the period specified on our website. The provider, and not Sure Deal, is the seller and supplier of the goods/services to which the voucher relates and is solely responsible for honouring any Sure Deal voucher you purchase.
12.2. To the extent permissible at law, Sure Deal makes no guarantee, warranty or representation regarding the standard of any goods or services to be provided by the provider.
12.3. The Sure Deal voucher does not function as a stored-value card and cannot be redeemed incrementally.
12.4. Subject to clause 15, the Sure Deal voucher cannot be exchanged or redeemed for cash.
12.5. The Sure Deal voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the provider.
12.6. Neither Sure Deal nor the provider is responsible for lost or stolen vouchers or fraudulent use (by a person other than Sure Deal or the provider) of the voucher’s unique reference number.
12.7. If you have any complaints relating to a provider whose goods or services have been promoted through the website, please bring this to both the provider’s and Sure Deal's attention as soon as possible. Whilst Sure Deal is not legally liable to you, in relation to any claim you may have against a provider whose goods or services have been promoted through the website, Sure Deal will use its reasonable endeavours to try and satisfactorily resolve any dispute you may have with any such provider.

13. Bookings and cancellations

13.1. All services promoted on the website are offered by providers and subject to availability. Some group or individual “experiences” will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
13.2. Bookings for the redemption of services in exchange to the supply of vouchers are made subject to any provider policies.
13.3. If you cancel your booking you may incur a cancellation fee payable to the provider. Short notice cancellations may result in the cancellation of your Sure Deal voucher if the provider is unable to fill your space.
13.4. Providers reserve the right to cancel and reschedule your booking due to unforeseen circumstances. We cannot be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.

14. Sure Deal voucher expiry and extension

14.1. The Sure Deal voucher expires on the date indicated on the voucher. The expiry date is referred to as the ‘Expires On’ date on your voucher and in your account.
14.2. Expired vouchers are non-refundable in whole or part. Once expired, Sure Deal vouchers are no longer valid and will not be honoured by the provider.

15. Sure Deal Guarantee - Refunds Policy

15.1. Our aim is to provide you with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but we rely heavily on the Providers to deliver the products and services. Although we cannot control the Providers and are not responsible for their actions, we will try to help you if there is an issue with a Deal.
15.2. We may try to resolve your complaint by means other than a refund, such as by organising for the Provider to repair or replace goods, or by extending the voucher’s redemption period. If we successfully resolve your complaint a refund will not be issued.
15.3. We may issue you with a refund (using the payment method used for purchase) or a Sure Deal Account Credit to the value of your purchased Sure Deal voucher where:
15.3.1. We have made an error on the Deal; this includes where we have:

• issued a Sure Deal voucher for goods or services of an entirely different nature to those advertised (e.g. a hair makeover package instead of a meal voucher);
• chosen to withdraw a Deal before the end of the redemption period;
• included an incorrect Deal term, or omitted a significant Deal term; or
• posted the Deal on our website in error.

15.3.2. You have reason to believe that a technical error caused, or contributed to, the purchase of multiple Sure Deal vouchers, and where the request for a refund is issued through the Sure Deal Support Desk within 7 days of the date of purchase and only if the Sure Deal voucher has not been redeemed or the product(s) you purchased have already been shipped to you.
15.3.3. The Provider’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time. Sure Deal Account Credits may not be issued where the Provider has one or more other locations within reasonable proximity that can service the Sure Deal voucher.
15.4. We may issue you with a Sure Deal Account Credit to the value of your purchased Sure Deal voucher where:
15.4.1. The Provider fails to provide the goods or services, or the goods or services provided are not as described in ‘The Fine Print or Conditions’ on the Deal page; for example by adding additional restrictions or conditions, or by providing alternate goods or services.
15.4.2. The Provider has no booking availability for:

• more than 12 weeks for a Friday, Saturday or Sunday appointment; or
• more than 8 weeks for a Monday, Tuesday, Wednesday or Thursday appointment; and you have tried to book at least two (2) weeks before the end of the Sure Deal voucher expiry date, for both (a) and (b). This does not apply for Travel Deals or scheduled events; these will be assessed on a case by case basis.

15.4.3. We, at our sole discretion, believe your situation warrants a Sure Deal Account Credit.
15.5. In addition to your rights under clauses 15.1-15.4, for Travel Deals you should review and agree to the terms and conditions of each Travel Deal as set out on the Deal page:
15.5.1. you accept that securing a booking for travel and/or accommodation is subject to availability and we may offer you a refund and/or a Sure Deal Account Credit in our absolute discretion;
provided that you have contacted our Customer Service team via the Sure Deal Support Desk as well as have made all reasonable attempts to secure your booking and allowed appropriate time to secure a booking.
15.6. We will not issue refunds for the following circumstances:

1. you have changed your mind;
2. you are unable to use the Sure Deal voucher;
3. you have previously submitted a payment chargeback request to your financial institution that we have accepted.

15.7. Your request for a refund or Sure Deal Account Credit must be submitted through the Sure Deal Support Desk which can be accessed via the Contact Us form at http://www.suredeal.com.au/contact-us.
15.8. Your refund request must:

1. be sent from the email address that is on your Sure Deal account;
2. include the Sure Deal voucher number;
3. include a detailed description of your experience or issue; and
4. be received by us by the last day of the Deal redemption period.

15.9. We may verify the details of your refund request with the Provider, and by asking you to provide more information and proof.
15.10. Where we issue a refund, if possible it will be issued to the same payment method that you used to purchase the voucher but this is not possible 45 days after we received your payment and you will be issued with a Sure Deal Account Credit instead.
15.11. Any refund issued to you is not an admission of guilt or liability by Sure Deal.
15.12. Where we conclude that a refund request is invalid, we may refuse the refund.
15.13. The refusal of a refund or Sure Deal Account Credit does not prevent you from seeking a refund directly from the Provider.

16. Accounts credits

16.1. You may receive or be issued with Sure Deal Account Credits from time to time for any number of reasons. For example, you may be issued with Account Credits for referring a friend to Sure Deal, for winning a competition or promotion or as means of refunding you for a previous purchase.
16.2. Account Credits can only be used for the purchase of Sure Deal vouchers by persons in Australia. Unless Sure Deal advises otherwise, account credits may be applied towards the purchase of any Sure Deal offered on the website. The terms and conditions of this agreement shall apply in respect of any voucher purchased using a Sure Deal Account Credit.
16.3. Sure Deal Account Credits can only be issued and redeemed through the Sure Deal website www.SUREdeal.com.au.
16.4. The validity period of the Sure Deal Account Credit is visible by logging into your account. The validity period may vary so check each credit individually.
16.5. In order to redeem Sure Deal Account Credits you must firstly have registered as a member with Sure Deal. Membership is subject to Sure Deal’s Terms and Conditions which are available at Sure Deal’s website http://www.suredeal.com.au/terms.
16.6. Purchases made through use of an Account Credit are subject to Sure Deal’s general Terms and Conditions in effect from time to time, including its returns and exchange policies. See http://www.suredeal.com.au/terms.
16.7. If your Account Credits does not cover the total cost of any purchase, you will be required to pay the balance using Sure Deal’s normal payment methods.
16.8. Any unused portion of your Account Credits shall remain in your account and available for use for the period for further purchases through Sure Deal. You can check your available balance at any time through your account.
16.9. Account Credits cannot be redeemed or exchanged for cash, nor used to purchase further Account Credits.
16.10. You should treat your Account Credits like cash. You are responsible for the use and safety of your Account Credits (and all corresponding codes, passwords and other details). Sure Deal shall not be liable to refund or replace any Account Credits which are lost or stolen. You are liable for all transactions made using your Account Credits, except to the extent to which there has been fraud or negligence by Sure Deal or any of its employees.
16.11. To the extent permissible at law, Sure Deal reserves the right to change any of the terms and conditions in relation to its Account Credits upon the provision of reasonable notice, including by notice at the Sure Deal website.

17. Liability

17.1. Except if and to the extent required by law in respect of Sure Deal's supply under this agreement, Sure Deal accepts no liability for issue of refunds in relation to the goods or services supplied or to be supplied by the third party provider in accordance with a Sure Deal voucher. Where Sure Deal is liable, its liability shall be limited to the provision of the minimum remedies required at law.
17.2. Sure Deal accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party. Where Sure Deal’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the Sure Deal voucher purchased or to such other remedy.

18. Content

18.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
18.2. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard.
18.3. To make any submission or contribution to this website, you must register to become a member. You do not have to register if you only want to view content.
18.4. As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account and you must not post (or allow) content to be posted through your account that:
18.4.1. you do not have the right to post;
18.4.2. is defamatory or in contempt of any legal or other proceedings;
18.4.3. is misleading or deceptive;
18.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
18.4.5. denounces religious or political beliefs;
18.4.6. includes religious or political material which is or is likely to be offensive;
18.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
18.4.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
18.4.9. contains any unsolicited or unauthorised advertising or promotional material;
18.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
18.4.11. impersonates any person or misrepresents your relationship with any person.
18.5. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website without giving any reasons.
18.6. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

19. Links to third party websites

19.1. Our website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we may not have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

20. Intellectual property

20.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
20.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
20.3. We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to Sure Deal that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.

21. Transfer and Assignment

21.1. If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

22. Privacy and personal information

• We do not collect personal information if you only browse this Website.
• When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
• Online payments are handled by our merchant account and PayPal who are both external third party service providers. We do not see or store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures.
• Our server may log (and we may have access to) details about any computer 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 downloaded.
• We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us or our related entities. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
• We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
  • you have consented;
  • you would expect us to;
  • it is required or authorised by law;
  • it will prevent or lessen a serious and imminent threat to somebody's life or health; or
  • the disclosure is reasonably necessary for law enforcement.
• You may request us to remove your personal information from our database by sending us an email or by writing to us at the address listed below.
• You consent to the transfer of personal information in the circumstances set out in clause 18 above.

Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email to Support Desk.

23. General Provisions

23.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
23.2. This agreement will be governed by and interpreted in accordance with the laws of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Western Australia, Australia, and to the Federal Court of Australia sitting in Western Australia.
23.3. 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.
23.4. If we do 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 provision under this agreement will only be effective if it is in writing and signed by us.
© This Agreement is the copyright of Sure Deal Pty Ltd ACN 153 727 210 and may not be used or copied without its permission.

This agreement was last updated on 8 June 2012.