Terms of Service
BANG!VOUCHERS
Customer Terms and Conditions
1. User agreement
1.1. These terms and conditions (“agreement”) are established between you, the visitor to this website and BANG!VOUCHERS ("BANG!VOUCHERS", “our”, “we” and “us”).
1.2. By visiting and/or using our website, associated services and functionality, you agree to be bound by these terms and conditions.
1.3. BANG!VOUCHERS may modify this agreement at any time, such modifications shall be effective immediately once posted on our website.
1.4. Users of our website should check the terms and conditions from time to time, particularly when ordering goods or services.
2. Provision of services
2.1. BANG!VOUCHERS will provide the services that we provide with reasonable due care and skill but we do not warrant to you that our website will be provided without fault or disruption.
2.2. To the extent allowed by law and unless expressed otherwise by us, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including any consequential loss that relates in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
2.2.1. errors, mistakes or inaccuracies on the website;
2.2.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
2.2.3. 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;
2.2.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;
2.2.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
2.2.6. any interruption or cessation of transmission to or from our website;
2.2.7. 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
2.2.8. failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
2.3. You agree and acknowledge that unless indicated otherwise, BANG!VOUCHERS is not the supplier of the goods and/or services that you may purchase through our website via the voucher system.
2.4. The suppliers of goods and services ("providers") are the relevant providers for which the vouchers are redeemable. It is those providers (and not BANG!VOUCHERS) who are responsible for providing the goods and services purchased through the website.
2.5. Information about goods and services promoted on the website, is based on material provided by the providers of these goods and services and BANG!VOUCHERS in good faith relies upon the information supplied to it by such providers and does not independently check the accuracy of the information supplied.
2.6. You understand and agree that except to the extent required by law, we do not accept liability in respect of errors or omissions, whether deliberate or otherwise, caused by incorrect or inadequate information supplied to us or by providers.
2.7. You agree and acknowledge that:
a. Australia-wide deals may not necessarily operate in remote areas;
b.deals that involve 'sessions' or on a time basis, the advertised duration may be indicative and approximate;
c. providers are under no obligation to give priority to you in respect of the booking or scheduling of services using our vouchers. A waiting time in scheduling of your booking and/or on the date of voucher redemption may be allocated;
d. deals that involve an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
e. providers 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;
f. 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;
g. 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 and it is your responsibility to book your service within the particular date range;
h. restaurant menus advertised on the website are indicative only and subject to change without notice; and
i. where providers offer a course or series of sessions or treatments (such as hair and beauty treatments) you agree that these may need to be scheduled at intervals and in consultation with the provider.
2.8. To the extent 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.
2.9. 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 BANG!VOUCHERS by you for the voucher in question.
2.10. Some goods and 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 purchasing any such goods or services you should make all relevant enquiries so that you may be comfortable with the risks and/or specific skills (including the need for insurance), and obtain the qualifications involved. BANG!VOUCHERS accepts no liability in this regard.
3. Legal Capacity
3.1. By making a purchase through the website you warrant to BANG!VOUCHERS that you are over 18 years of age.
3.2. Should BANG!VOUCHERS suffer any loss or damage, as a result of a transaction entered into by a person under 18 years of age (“minor”), BANG!VOUCHERS reserves the right to seek compensation for such losses from the parents or guardians of the minor who entered into the transaction.
4. Supply of website services and account termination
4.1. BANG!VOUCHERS 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. This may prevent you 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. Registration to BANG!VOUCHERS
5.1. In order to receive emails, make purchases and access some features of the website, you are required to be a registered member. You may not use another member’s account without their consent.
5.2. When registering to become a member, you agree to provide accurate and complete information and to keep this information current.
5.3. You are solely responsible for the security of your password, and the activity that occurs on your account.
5.4. If you suspect or become aware of any unauthorised use of your account, you agree to notify us immediately.
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.
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. Purchases from BANG!VOUCHERS
7.1. The promotion of goods or services on the website does not guarantee the availability of vouchers redeemable for these goods or services. 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 that may be pre-determined by the provider, 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.
7.2. Any 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, along with any third party (supplier/provider) specific terms and conditions at the price specified (including delivery and other charges).
7.3. Once an order for a voucher is submitted and payment is received, you cannot cancel your order.
7.4. All payments must be received in full prior to a voucher being issued.
7.5. Where you purchase a BANG!VOUCHERS 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.
8. Price
8.1. The prices of goods and services, delivery and other charges shown are in Australian dollars and include GST where applicable.
8.2. Prices of goods and services are current at time of display but are valid only for the particular time in which they are available for purchase.
9. Delivery of BANG!VOUCHERS Voucher
9.1. Your BANG!VOUCHERS voucher (for the goods or services shown on your order confirmation) will be accessible via your account with BANG!VOUCHERS.
9.2. We cannot be held liable nor responsible for any loss suffered as a result of a BANG!VOUCHERS 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.
10. Voucher redemption, and Supply of goods and services
10.1. The services supplied by BANG!VOUCHERS in exchange for your payment are the provision of vouchers subject to the terms and conditions of this agreement. Any BANG!VOUCHERS voucher you purchase shall be redeemable for the specified good(s) or service(s) only from the provider and shall only be available for redemption during the period specified on our website.
10.2. The provider, and not BANG!VOUCHERS, is the seller and supplier of the good(s) and/or service(s) to which the voucher relates and is solely responsible for honouring any voucher that you purchase.
10.3. To the extent permissible at law, BANG!VOUCHERS makes no guarantee, warranty or representation regarding the standard of any goods or services that is provided by the provider.
10.4. Unless specified by the provider, the BANG!VOUCHERS voucher cannot be exchanged or redeemed for cash.
10.5. The BANG!VOUCHERS voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the provider.
10.6. Neither BANG!VOUCHERS nor the provider is responsible for lost or stolen vouchers or fraudulent use of the voucher’s unique reference number.
10.7. If you have any genuine complaints relating to a provider whose goods or services have been promoted through the website, please bring this to both the provider’s and BANG!VOUCHERS's attention as soon as possible.
11. Bookings and cancellations
11.1. All services promoted on the website are offered by providers subject to availability. For the redemption of all vouchers, we recommend making bookings at least 2 weeks in advance. 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.
11.2. Bookings for the redemption of services in exchange to the supply of vouchers and any cancellations are made subject to any provider policies.
11.3. We cannot be held liable in the event the provider cancels or changes your booking due to unforeseen circumstances and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
12. BANG!VOUCHERS voucher expiry and extension
12.1. The BANG!VOUCHERS voucher expires on the date indicated on the voucher.
12.2. Expired vouchers are non refundable in whole or part from the provider or BANG!VOUCHERS.
13. Refunds and problems
13.1. To the extent permissible at law, our vouchers are non-refundable and cannot be exchanged or redeemed for cash because you have:
a. changed your mind or are unable to use the BANG!VOUCHERS voucher
b. the BANG!VOUCHERS voucher has been damaged, lost or stolen;
c. duplicated purchase requests, for example by clicking the “buy now” button multiple times;
d. pressed “back” to try to cancel an order; or
e. pressed “refresh” when payment is being processed.
13.2. We will only refund the purchase price or exchange the BANG!VOUCHERS voucher (for equal value) where a voucher has been issued for different goods or services to what had been purchased by you.
14. Liability
14.1. To the extent required by law, BANG!VOUCHERS accepts no liability for the issue of refunds in relation to the goods or services supplied or to be supplied by the third party provider in accordance with a BANG!VOUCHERS voucher.
14.2. Where BANG!VOUCHERS is liable, its liability shall be limited to the provision of the minimum remedies required at law.
14.3. BANG!VOUCHERS 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.
14.4. Where BANG!VOUCHERS’ liability cannot be excluded, and to the extent permissible at law, such liability is limited up to the value of the BANG!VOUCHERS voucher purchased.
15. Website content
15.1. You understand that all information that may be posted on, transmitted through or linked from the website, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content"), are the sole responsibility of the person from whom such content originated. We do not control and are not responsible for any content made available through the website unless it originates from us.
15.2. 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 is against the law or is likely to offend those that view or use the website:
15.3. BANG!VOUCHERS reserves the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website without giving any reasons.
15.4. 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.
16. Links to third party websites
16.1. From time to time, our website may include links to other websites, content or resources operated by third parties. 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 in control nor responsible for the material contained therein.
17. Intellectual property
17.1. To the extent that the relevant law provides, we reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by BANG!VOUCHERS. This agreement does not give you a right to use any of our marketing material, business names, trade-marks, logos, domain names or other distinctive brand features.
17.2. 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.
18. Transfer and Assignment
18.1. 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.
19. Privacy and personal information
19.1. To the extent applicable at law, your privacy and personal information is governed by the following principles:
• 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 Paypal, an external third party service provider. We do not see or store your credit card or banking details. Please check the paypal.com.au websites 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 goods and services sold by us via the voucher system. If you would prefer not to receive promotional or other material from us, you are obligated to tell us.
• 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 emailing us or using the contact form on the website.
• 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.
20. General Provisions
20.1. 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.
20.2. This agreement will be governed by and interpreted in accordance with the laws of Victoria and Australia.
20.3. 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.
20.4. 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 BANG!VOUCHERS.
© This Agreement is the copyright of bangvouchers.com and may not be used or copied without its permission.
This agreement was last updated on 11 August 2011.
