Content means promotional offers, coupons, vouchers and information uploaded by a Retailer to the Site;
Voucher means a digital ticket or document that is:
(1) worth a certain monetary value; OR
(2) can be exchanged for a financial discount or rebate; AND
(3) which may be spent only for specific reasons or on specific goods or services.
Opt In means your voluntary decision to make use of the Site or the App and receive the service;
Retailer means an organisation or person who uploads Content to the Site;
Service means the information and promotional offers delivery service provided through the System;
System means the App, the Site and any other infrastructure through which Muulla makes the Service available;
User (or you) means any person who uses any part of the System;
Muulla (or us, we, our) means Onit Media Pty Ltd.
You must not:
(a) impersonate any other person while using the System;
(b) prevent any other person from using the System;
(c) hack into any part of the System;
(d) interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the System;
(e) send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material relating to Muulla;
(f) resell or export the software associated with the System;
(g) commit or encourage a criminal offence; or
(h) otherwise misuse the System or breach any relevant statute or rule of law.
Whilst reasonable care has been taken to ensure the information provided through the Site and the App is accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will in any way be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
You will indemnify us against any loss (including consequential loss) suffered by us in relation to any third party claim or cause of action arising directly or indirectly out of your use of the System or a breach of these Terms and Conditions.
All intellectual property in the System, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files is the property of Muulla and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent, except that you may print, or download to your hard drive, extracts from the Site only for your own use.
We do not control or endorse and are not responsible for the Content submitted by Retailers, and we have no obligation to monitor Content. However, we may:
(a) delete or remove any Content that is in breach of these Terms and Conditions or the Terms and Conditions applying to any Retailer;
(b) disclose information necessary to satisfy any applicable law, regulation, legal process or governmental request, or
(c) edit, refuse to post or to remove any content. If you are dissatisfied with any Content, you should notify us and discontinue use of the App.
The Site or the App may include links to third party materials (linked sites). We will not be responsible for the contents of any linked site or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website or any association with their operators. We reserve the right to prohibit links to the Site and you agree to remove or cease any link upon our request. Further, you may not frame any part of the Site material by including advertising or other revenue generating material.
Where the App delivers ‘Vouchers’, you accept that the following applies:
(a) Vouchers are deemed to be redeemed at the point and time of being issued by the App;
(b) Voucher Terms & Conditions of use are set by the Retailer. We accept no responsibility for any Terms & Conditions attached to Vouchers;
(c) Period of Voucher validity is determined by the Retailer;
(d) Any limitation on the number of Vouchers per customer is determined by the Retailer;
(e) We accept no responsibility for any decisions made by the Retailer relating to redemption of Vouchers (this includes refusal to accept Vouchers);
(f) You agree that by performing an action within the App to ‘get-a-voucher’ that the App may add the Retailer offering that Voucher to your list of favourites. This might invoke automatic notifications by the App for this Retailer. You can edit or remove the Retailer from list of Favourites at any time;
Use of the System is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the Site or the App. The material provided on the Site or the App does not take into account the particular objectives, situation or needs of any individual users. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the Site or the App to you or any other person. To the extent permitted by law we exclude all responsibility and liability for such material.
The Competition and Consumer Act 2010 may confer rights and remedies on you which cannot be excluded, restricted or modified. However, we do exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, customs or otherwise.
We may terminate your access to any part of, or all of the Site or the App at any time for any reason without notice. We reserve the right to cease operating the whole or any part of the Site or the App at any time.
We reserve the right to change these Terms and Conditions at any time by notifying users of the existence of revised Terms and Conditions through the Site. By continuing to access the Site or the App, you agree to be bound by the amended Terms and Conditions.
If at any time we do not enforce any of these Terms and Conditions or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other Term or Condition.
If any portion of these Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
These Terms and Conditions will be governed by Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts.