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Terms & Conditions
This page (together with documents referred to on it) tells you the terms of use on which you may make use of our website (www.milliondollardeal.com.au) and associated products, services, vouchers, functionality and processes (our site). Please read these terms of use carefully before you start to use our site or subscribe to it. By using, visiting or accessing our site, subscribing to our site, purchasing one of the products, services or vouchers via our site, you indicate that you have read, understood and accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you should refrain from using our site in any manner.
Information about us
www.milliondollardeal.com.au is a site operated by Nackage Online Pty Ltd (we). We are registered in Australia under company number 153 499 560.
Access and Subscription
Access to our site is permitted on a temporary basis. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
In order to make purchases, submit comments and access the site, you will need to be a registered subscriber, of 18 years age or more, and legally able to enter into contractual relations. However, if you are at least 13 years old but not yet 18, you may use our site in conjunction with your parent or guardian who agrees to these terms of use. No one under age 13 may use our site.
If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
In the process of activating your account to become a registered subscriber, you must provide personal information such as your name, address and an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereto.
When using our site, you must comply with the provisions of our PRIVACY POLICY.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Vouchers and orders
In subscribing to our site, you will have access to invitations to special deals (Million Dollar Deals) provided by third party suppliers (Million Dollar Vendors). Access to information on Million Dollar Deals via our site does not constitute an offer to sell. It is an invitation to treat by the Million Dollar Vendors only.
We reserve the right, in our absolute discretion, to accept or reject your offer to purchase a voucher the subject of a Million Dollar Deal (Voucher). In the event that we accept your offer to purchase a Voucher, a Voucher will be issued, subject to these terms of use and the terms and conditions of the Million Dollar Vendor.
Unless otherwise agreed in writing, all payments for Vouchers must be received by us and cleared in full prior to a Voucher being issued. We will deliver Vouchers to you to the email address notified by you in your account details and it is your responsibility to ensure such email address is active, valid and current. We will not be responsible if the Voucher is not received by you for any reason.
Vouchers are subject to stock availability. Vouchers are non-redeemable for cash and non-transferable and will expire 12 months after the date of issue of the Voucher. Vouchers cannot be redeemed cumulatively unless explicitly agreed by us. We shall not be liable for any misplaced, lost or stolen Vouchers or fraudulent use of any Voucher’s barcode.
Except as required by law, you will not be entitled to a refund if you simply change your mind or make a wrong decision
Third Party Suppliers of Products and Services
Notwithstanding any agreement to issue you with a Voucher, such Voucher is only redeemable for the specified product or service from the relevant Million Dollar Vendor. Accordingly:
- Your contract for the supply of the product or service (the subject of the Voucher) shall be between you and the relevant Million Dollar Vendor (and not us).
- The relevant Million Dollar Vendor is the seller or provider of the product or service and it shall be solely responsible for honouring the Voucher and any booking times (not us).
- Provision of the product or service by the Million Dollar Vendor shall be subject to availability of the product/service and booking time (where relevant).
- You should carefully review the terms and conditions and privacy policies of such Million Dollar Vendor as this will govern your purchase, booking, use or cancellation of the product or service.
- We make no warranty about the standard or quality of any product or service the subject of a Million Dollar Deal.
Our site is merely a portal site: (a) providing users with the facility to purchase products/services from third parties; and (b) offering Vouchers for such products/services which may be redeemed with the relevant Million Dollar Vendor.
Reliance on information posted
Commentary, specifications and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed nor do they reflect our views or opinions. We disclaim all liability and responsibility arising from any reliance placed on such commentary, specifications and materials and any products or services, such as Million Dollar Deals, acquired via our site (directly or indirectly) by any visitor or subscriber to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials, products or services will not infringe intellectual property rights of any third parties.
Our liability
The material, content, descriptions, quality and specifications displayed on our site, and any links, products or services, such as Million Dollar Deals (third party or otherwise) provided therefrom (directly or indirectly), may be based on information provided by third party suppliers and is provided without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purposes. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services (such as Million Dollar Deals) provided therefrom (directly or indirectly) or in connection with the use, inability to use, or results of the use of our site or Vouchers, any websites linked to it and any materials posted on or via it, and any third party (such as Million Dollar Vendors) including, without limitation any liability for:
loss of income or revenue;
loss or interruption of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:
- in the case of any goods supplied by us, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
- in the case of any services provided by us, the supply of the services again or the payment of the cost of having the services supplied again.
Notwithstanding the above, you recognise that your contract for the supply of the product or service (the subject of the Voucher) shall be between you and the relevant Million Dollar Vendor (and not us).
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00).
Information about you and your visits to our site
We process information about you in accordance with our PRIVACY POLICY. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our site changes regularly
We aim to update our site regularly, and may change content, specifications, prices or functionality at any time. If the need arises, we may suspend access to our site (including terminating your subscription account or restricting access), or close our site or your account indefinitely. We will not be liable to you or anyone else for doing so. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Linking to our site
You may link to our home page, provided you obtain our written consent us and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to support@milliondollardeal.com.au.
Third Party links and content
Where our site contains links or references to other sites, products, services and resources provided by third parties (such as Million Dollar Deals) and/or Vouchers redeemable by third parties (such as Million Dollar Vendors), these links, references and Vouchers are provided solely for your information and convenience only. We have no control over the contents of those sites, products, services, resources or Vouchers, and we accept no responsibility, nor provide any warranty for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from, or use of, these sites, products, services, resources and Vouchers, and permission for us to promote your products or services (such as by way of a Million Dollar Deal), is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or businesses that you visit or use, including the websites and businesses of the Million Dollar Vendors. Links or other connections to these sites, products, services, resources and third parties do not imply any endorsement of the material on them or the products/services the subject of the Million Dollar Deal, or any association with their owners, operators and advertising material. We will merely facilitate and introduce you to the Million Dollar Vendors and accordingly we will not be responsible, nor liable, for any activity or transaction between you and any third party providers of products and services, such as Million Dollar Vendors (whether the subject of your Vouchers or otherwise).
You must make your own enquiries with the relevant Million Dollar Vendors direct before relying on any third party information or entering into a transaction in relation to the third party products and services the subject of the Million Dollar Deal. You should check with the Million Dollar Vendor whether there are additional charges and terms which may apply. We may receive fees and/or commissions from the Million Dollar Vendors for goods and services of such third parties displayed or made available on our site or accessible through a hyperlink on our site or otherwise and you acknowledge and consent to us receiving same.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Variations
We may revise or change these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. By continuing to use the site, you agree to be bound by such revisions and changes.
Severability
If any provision in these terms of use is found to be invalid or unenforceable by a court of law[appropriate state or territory], such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.
Jurisdiction and applicable law
Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use. By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
Your concerns
If you have any concerns about material which appears on our site,
please contact support@milliondollardeal.com.au
Thank you for visiting our site.
PRIVACY POLICY
The Million Dollar Deal site (“our site” or “this site”) is operated by Nackage Online Pty Ltd (“we” or “us”). We are registered in Australia under company number (ACN 153 499 560).
We collect and use personal information from visitors to our site, including information or opinions which are capable of identifying visitors, such as the visitor’s name, address, contact telephone numbers or email address (“Personal Information”). We do not wish to collect information about visitors which is sensitive information as defined under the Privacy Act 1988 (Cth) (Privacy Act). We are committed to the protection of your Personal Information and we have developed this Privacy Policy in line with the National Privacy Principles in the Privacy Act.
This Privacy Policy is important. It applies to the collection, storage, use and disclosure by us of your Personal Information. Access to our site and services is conditional on your approval of this Privacy Policy and you agree that your use of our site or services implies your consent to the terms of this Privacy Policy.
CHANGES TO THE PRIVACY POLICY
If we decide to change this Privacy Policy, we will post those changes to this Privacy Policy, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of our site following any such amendment will be confirmation of your acceptance of the amendments. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.
INFORMATION COLLECTED
We will collect Personal Information about you through your use of our site or services for the purposes of registering you for a third party deal via or site (“Million Dollar Deal”). Some of the Personal Information collected by us will track your use of our site or services. The Personal Information is collected by us to enhance your use of our site or services and to assist us in service provision.
We may collect Personal Information about you for our related bodies corporate and service providers and when you request information about products and services, such as Million Dollar Deals. We will only collect Personal Information that is necessary for one or more of our functions.
USE
We may provide your Personal Information to our related bodies corporate or service providers. We may also use your Personal Information to:
(a) inform you about our site, goods, services, offers, third party goods or services, or in order to provide the product or service you have requested via one of the Million Dollar Deals, or other matters which we believe are of interest to you.
(b) customise the advertising and content on our site and to contact you about specials Million Dollar Deals.
(c) share with authorised third party service providers who perform functions on our behalf, such as marketing and analysis organisations, financial institutions in order to process any payments, courier companies to effect deliveries, hosting companies, website developers, internet service providers and customer service providers (“Authorised Service Providers”).
From time to time, we may introduce you to a Million Dollar Deal that is provided by a third party supplier (“Million Dollar Vendors”). A Million Dollar Vendor may, as part of the Million Dollar Deal invitation to you, request information about you in order to facilitate redemption of the corresponding Million Dollar Deal. We may also disclose your Personal Information to the Million Dollar Vendors who may send you information about their products and services or otherwise market you directly. While we inform them that they are permitted to communicate with you for the sole purpose of the specific Million Dollar Deal, we shall not be responsible, nor liable, for the acts or omissions of such Million Dollar Vendors.
Our related bodies corporate, Authorised Service Providers and Million Dollar Vendors may be located both in and outside Australia. If you subsequently decide that you do not wish to receive information from Million Dollar Vendors you may let us know by contacting support@milliondollardeal.com.au.
STORAGE OF INFORMATION
We will use our reasonable endeavours to protect and maintain the security of your Personal Information and to make our site as secure as possible against unauthorised access. Our officers, employees, agents and third party contractors are expected to observe the confidentiality of your Personal Information. Despite our reasonable endeavours, we are unable to ensure or warrant the security of any Personal Information transmitted to us and all Personal Information disclosed by you to us is at your own risk.
DISCLAIMER
We will not disclose your Personal Information to any third party (other than our related bodies corporate, Authorised Service Providers and Million Dollar Deal Vendors) without your consent in writing, unless otherwise required by law, or unless such disclosure is reasonably necessary in our opinion to protect our rights or property or to avoid injury to any person.
Our site may contain direct links, or we may introduce or refer you, to other sites or businesses operated by Million Dollar Deal Vendors or other third parties. You acknowledge that such sites or businesses are not operated by us. Advertisements on our site, links to or from other sites or businesses, such as Million Dollar Deal Vendors, do not constitute sponsorship, approval, endorsement of the content, policies, practices or services offered on those advertisements, sites or businesses.
This Privacy Policy only addresses the use and disclosure of information we collect from you on this site. Other websites that may be accessible through this site and Million Dollar Deal Vendors have their own privacy policies and data collection, use and disclosure practices.
We encourage Million Dollar Deal Vendors to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control. If you link to any such third party sites or otherwise deal with a Million Dollar Deal Vendor, we urge you review their privacy policy. We are not responsible for the policies or practices of third parties.
In the event of a merger, acquisition or sale of the whole or part of our business, we reserve the right to transfer your Personal Information as part of any such transaction. However, your Personal Information would remain subject to this Privacy Policy.
COOKIES
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
• To estimate our audience size and usage pattern.
• To store information about your preferences, and so allow us to customise our site according to your individual interests.
• To speed up your searches.
• To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
ACCESS TO INFORMATION COLLECTED BY US
We will use our reasonable endeavours to keep your Personal Information accurate. You may obtain access to the Personal Information which we have collected about you via our site by contacting support@milliondollardeal.com.au. We will use our reasonable endeavours to provide a complete list of your Personal Information within 21 days of receipt of your enquiry. We reserve the right to charge a reasonable fee for this service.
CHILDREN
We do not knowingly collect personal information from anyone under the age of 18. If you are at least 13 years old but not yet 18, you should only do so in conjunction with your parent or guardian who agrees to this Privacy Policy.
CONSENT
You acknowledge and agree that we, our related bodies corporate, Authorised Service Providers and Million Dollar Vendors and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your Personal Information in the manner set out in this Privacy Policy and in accordance with the Privacy Act.
CONTACT
In case you have any queries concerning our privacy policy matters do not hesitate to contact us at support@milliondollardeal.com.au