These terms and conditions govern the relationship between Everydaydeals.com.au, Users of our referral network and the Listed Businesses we recommend.
Website Terms & conditions
Advertising Terms & conditions
Users of Everydaydeals.com.au
Agreement stated is present between: Everydaydeals.com.au (Melbourne) 77489162703 (ABN) and the parties which use our referral network and/or our website. This agreement acknowledges that by utilizing our network and/or www.everydaydeals.com.au and all linked pages owned and/or operated by Everydaydeals.com.au, you the user agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated by this reference (collectively, "Terms of Service – User Agreement"). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use www.everydaydeals.com.au as it would constitute a breach of our Terms and Conditions.
2. Everydaydeals.com.au’s Role
Everydaydeals.com.au’s online referral service which is available at www.everydaydeals.com.au operates as both a foundation and facilitator, desiring to match the needs of users with our recommended list of providers and services. Specifically, it has the potential to and can connect you with to businesses/services in your locality, allowing you to access reviews from other users, post and share these reviews with users, and view third party postings/reviews regarding similar businesses/services as well as contact these businesses for your use.
Everydaydeals.com.au is and maintains our role as an impartial facilitator. Users of this website acknowledge and agree that Everydaydeals.com.au is not, and will not be directly involved in the business dealings/transactions between users and the businesses/services listed on our website and/or network.
Users must be 18 years or over, to register as a member of www.everydaydeals.com.au or use the everydaydeals.com.au website and services. If you are under the age of 18, you can use the service of Everydaydeals.com.au only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, you do not have the rights to use the service. Membership on www.everydaydeals.com.au is void where prohibited by applicable law, and the right to access www.everydaydeals.com.au is revoked in such jurisdictions.
By accessing the services of Everydaydeals.com.au /or www.everydaydeals.com.au you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the Terms and Conditions set forth herein.
3a. International Users
Everydaydeals.com.au is hosted in Australia and is intended for and directed to users in Australia as it is governed by Australian law. Any use outside of Australian borders is at the user's risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
4. Changes to the Agreement or the Services of Everydaydeals.com.au
Everydaydeals.com.au reserves the right to revise and/or update these Terms and Conditions at any time and such modifications shall be effective immediately upon posting the new or revised terms on our website. We advise that you periodically review these Terms and Conditions. Your continued use of www.everydaydeals.com.au is deemed to be your acceptance of and agreement by you to be bound by any of the revised and/or updated Terms and Conditions.
Unless where otherwise stated, any new features, services, enhancements or modifications by Everydaydeals.com.au which has been implemented after your initial access to www.everydaydeals.com.au shall be subject to these Terms of Service.
5. Registration and Security
In order to use or access some of the services and links provided by Everydaydeals.com.au, you may be required to register with everydaydeals.com.au and to select a password and user name (User ID), which shall consist of an email address that you use and own. If you register, you agree to provide Everydaydeals.com.au with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.
You may not:
(i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or,
(ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Everydaydeals.com.au reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Service of Everydaydeals.com.au shall be for your personal use only.
You agree to
(a) immediately notify Everydaydeals.com.au of any unauthorized use of your User ID or password, and
(b) ensure that you exit from your account at the end of each session.
6. Use of www.everydaydeals.com.au
Subject to the restrictions on use and on posting set forth in this User Agreement, you may: use the website to solicit reviews from, and share reviews with other users of everydaydeals.com.au; search everydaydeals.com.au’s referral database for reviews and business contact information; forward reviews to people you know, whether or not they are existing users of our network; invite people you know to use the services of Everydaydeals.com.au.
7. Restrictions on Rights to Use
Visitors and users of services provided through www.everydaydeals.com.au agree that they will:
(a) not use the website for illegal means including such as posting to the website information encouraging conduct that would constitute a criminal or civil offence in accordance to Australian law;
(b) not use any feature of www.everydaydeals.com.au to send uninvited commercial emails to the businesses recommended by Everydaydeals.com.au, whether solely or collectively;
(c) not reproduce, translate, replicate, communicate to the public, adapt, vary or modify anything on www.everydaydeals.com.au without the prior written consent of Everydaydeals.com.au;
(d) not intentionally or inadvertently send to www.everydaydeals.com.au material of any kind which contains computer viruses, bugs or other types of malicious programs;
(e) not take any action which will damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources belonging to Everydaydeals.com.au or conduct themselves in a manner which compromises the online protection of the website;
(f) not use www.everydaydeals.com.au to engage in deceptive or unrepresented online marketing practices;
(h) remove any copyright, trademark or other proprietary rights notices contained in or on the www.top6.com.a or in or on any content or other material obtained via the website and/or Everydaydeals.com.au Service;
(h) Not access, retrieve or index any portion of everydaydeals.com.au and/or the businesses recommended by Everydaydeals.com.au for purposes of constructing or populating a searchable database of business reviews;
(i) Not collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other users or members of www.everydaydeals.com.au;
(j) Not use any coarse, crude, filthy, improper, indecent, obscene, offensive, unmannerly, vulgar or like language or expressions in through this website.
You may not copy or distribute any portion of www.everydaydeals.com.au and/or the service of Everydaydeals.com.au for any purpose not authorized above without the express written permission of Everydaydeals.com.au. Everydaydeals.com.au does not control the content posted by third parties via our referral service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such content.
8. Content Posted by users on the www.everydaydeals.com.au Site
Everydaydeals.com.au operates a user feedback system, pursuant to which visitors to www.everydaydeals.com.au are able to post comments, compliments and other observations regarding their online experience and business dealings.
• You are solely responsible for any content and other material that you submit, publish or display on www.everydaydeals.com.au. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any posted content that falsely express or imply that such content or material is sponsored or endorsed by Everydaydeals.com.au
• You may not provide any posted content that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that Everydaydeals.com.au may review and delete any reviews, ratings, or other posted content that in the sole judgment of Everydaydeals.com.au violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the everydaydeals.com.au and/or other website users.
• You are solely responsible for your ratings and reviews of businesses listed on www.everydaydeals.com.au. Everydaydeals.com.au reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
• You agree that you will only provide posted content that you believe to be true and you will not purposely provide false or misleading information.
• By posting content on www.everydaydeals.com.au, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Everydaydeals.com.au and the users of www.everydaydeals.com.au an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly display, and distribute such posted content and to prepare derivative works of, or incorporate into other works, such posted content. This license is non-exclusive, except you agree that Everydaydeals.com.au shall have the exclusive right to practice this license to the extent of combining your posted content with the posted content of other users of everydaydeals.com.au for purposes of constructing or populating a searchable database of business reviews.
9. Reservation of Rights
Everydaydeals.com.au reserves the right to:
(a) Remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this User Agreement without notice to the user; and
(b) Amend or suspend any of the services Everydaydeals.com.au offers at any time without notice or liability to visitors to www.everydaydeals.com.au.
10. Website Links
Everydaydeals.com.au as a business may provide links and pointers to the websites of third parties. Please be aware that Everydaydeals.com.au is not responsible for the privacy practices of such other sites. We encourage users to be aware of this when they visit such websites. Further, it is important that users read the privacy statements of each and every website they visit. Everydaydeals.com.au is an independent operation and does not endorse, and makes no representation or warranty in respect of: (a) any product or service of a Third Party; (b) any Third Party Site; or (c) any information, content, product or service available on or through a Third Party Site. Any correspondence, advertisement, purchase or promotion in relation to a Third Party, including without limitation the delivery of and the payment for Third Party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party. Links do not imply that Everydaydeals.com.au sponsors, endorses, or is affiliated or associated with any Third Party, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. Everydaydeals.com.au shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on any Third Party Site.
Everydaydeals.com.au will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from www.everydaydeals.com.au.
This User Agreement is effective until terminated by Everydaydeals.com.au. Please note: Everydaydeals.com.au may terminate agreement at any time without prior notice.
12. Terms of Service
These Terms of Service will remain in full force and effect while you use www.everydaydeals.com.au and/or Everydaydeals.com.au services. Either party may terminate these Terms of Service for any reason, at any time. Sections 10, 11, 12, 13, 14, 15, 16 and 17 shall survive any termination or expiration of these Terms of Service.
13. Ownership and Intellectual Property
(a) The text, images, graphics, sound files, video files on www.everydaydeals.com.au remains the sole and exclusive property of Everydaydeals.com.au and/or the businesses we recommend. Everydaydeals.com.au further claims all intellectual property rights in terms of information, statistics, data and materials used or appearing on the website including (without limitation) all software, tools, know-how, equipment or processes, trade marks, logos and other materials. Users of www.everydaydeals.com.au acknowledge and agree that they will not acquire any rights, title or interest in or to any of Everydaydeals.com.au’s intellectual property rights.
(b) These objects may not be copied for commercial use, transmission or distribution and may not be modified or posted to other websites without the consent of Everydaydeals.com.au. This website may contain content that is subject to the intellectual property rights of third parties. Users of this website acknowledge and agree that they will not acquire any rights, title or interest in or to any of the intellectual property rights of affiliated third parties.
Everydaydeals.com.au has devised and enlisted the help and services of a range of governing associations, market research and analysis, mystery shoppers as well as business statistics in the development of its recommendations. Everydaydeals.com.au takes great care to ensure that the quality of organizations listed on its’ database are trusted and valued and are of a high caliber. However, Everydaydeals.com.au does not warrant to the user that the website or any information or communication it provides is or will be error or fault free, complete or precise. Notwithstanding this, Everydaydeals.com.au provides this referral network and provider details on an 'as is' basis. This is without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any recommended provider. To the fullest extent legally possible, Everydaydeals.com.au excludes any representation or warranty concerning the system, the website, or any third party website referred to or connected via our website.
Everydaydeals.com.au advises that users of our website should satisfy themselves through their own enquiries as to the condition or suitability of any business, services provider or any other goods and/or services supplied, offered by or recommended by us on behalf of a Provider. User agrees to consult professionals for advice that is specifically tailored to user's particular circumstances. Everydaydeals.com.au is not a party to any transactions between visitors/users of everydaydeals.com.au and the businesses we recommend. Further, users/visitors to www.everydaydeals.com.au (and not Everydaydeals.com.au) are responsible for paying the businesses we recommend for all jobs and transactional interactions as a result of any business dealings. Everydaydeals.com.au does not control, endorse, approve or warrant to visitors/users of everydaydeals.com.au the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including the businesses we recommend) referred to at the website or whose identities become known to users as a result of using our network or otherwise. Everydaydeals.com.au advises that users of our website are responsible for completing all transactions they participate in, including monitoring the status and complying with all relevant legal obligations under Australian law. Everydaydeals.com.au advises that although our organization will do it’s best to protect against calculated interruptions, our website may experience interruptions and access difficulties from time to time and that Everydaydeals.com.au will not be responsible for such interruptions or access difficulties.
15. Limitation of Liability
Everydaydeals.com.au as a business and www.everydaydeals.com.au takes a reasonable amount of time and effort to obtain recommendations from sources deemed reliable. Additionally, further steps are taken to keep the contents accurate, when taken as a whole. OUR SERVICES ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING ANY MATTERS ADDRESSED, AND SHOULD NOT BE USED OR CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF, ANY PRODUCT OR SERVICE. It is the onus of visitors to everydaydeals.com.au to ensure that information provided through our referral network is verified and factual prior to the purchasing or engaging in the conduction of any business with relation to goods and services. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING USE OF ANY SERVICES OR CONTENT PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE USE OF ANY INFORMATION CONTAINED THEREIN AS THE BASIS FOR ANY CONCLUSIONS. YOU BEAR RESPONSIBILITY FOR YOUR OWN RESEARCH AND DECISIONS REGARDING THE PURCHASE OF ANY PRODUCT OR SERVICE. EVERYDAYPEOPLE DOES NOT PROVIDE OR GUARANTEE ANY ADVICE REGARDING THE SUITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR PRODUCT OR SERVICE.
Information on this site is provided "as is" without warranty of any kind. Information on this website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice without warranty OR GUARANTEE.
To the full extent permitted by law, Everydaydeals.com.au excludes all liability to the user or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill, unauthorized access to computer systems or networks) arising out of or in connection with the use of www.everydaydeals.com.au or any information or advice otherwise provided by Everydaydeals.com.au or a recommended business.
Visitors/users to www.everydaydeals.com.au expressly acknowledge and agree that to the fullest extent permitted by law, Everydaydeals.com.au’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Everydaydeals.com.au to the following:
In the case of services supplied or offered by Everydaydeals.com.au through www.everydaydeals.com.au:
• The supply of the services again; or
• The payment of the cost of having services supplied again; and
In the case of goods supplied or offered by Everydaydeals.com.au through www.everydaydeals.com.au:
• The replacement of the goods or the supply of equivalent goods;
• The repair of such goods;
• The payment of the cost of replacing the goods or acquiring equivalent goods; or
• The payment of the cost of having the goods repaired.
You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you enter into correspondence or engage in commercial transactions with third parties in connection with or as a result of your use of www.everydaydeals.com.au, such activity is solely between you and the applicable third party. Everydaydeals.com.au shall have no liability, obligation or responsibility for any such activity.
Visitors and users of our website and/or network acknowledge and agree to defend, indemnify, and hold harmless Everydaydeals.com.au and its directors, employees, agents, information providers, partners, advertisers, successors and suppliers from and against any direct and/or third party claims, actions or demands (including, without limitation, costs, damages, legal and accounting fees) resulting from, or in connection with the use of www.everydaydeals.com.au or breach of this agreement, or the violation of any law or rights of a third party. You hereby release Everydaydeals.com.au from all claims arising from such activity.
If there is any dispute about or involving www.everydaydeals.com.au and/or the service provided by Everydaydeals.com.au, by using www.everydaydeals.com.au, you agree that the dispute will be governed by the laws of the State of Victoria, Australia. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Victoria, Australia. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Everydaydeals.com.au in any respect whatsoever.
Everydaydeals.com.au may provide you with notices, including those regarding changes to our Terms of Service by email, regular mail or postings on www.everydaydeals.com.au. These Terms of Service, accepted upon use of www.everydaydeals.com.au, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Everydaydeals.com.au regarding the use of everydaydeals.com.au and/or the service provided by Everydaydeals.com.au. The failure of Everydaydeals.com.au to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18. Contact and Violations
Please use the contact details provided on the website for any questions regarding these Terms of Service.
Please report any violations of the Terms of Service to firstname.lastname@example.org
19. Specific Warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
20. List of Definitions:
• Everydaydeals.com.au - Business registered and operated in the State of Victoria, Australia
• www.everydaydeals.com.au – Online portal through which top business are recommended to users by Everydaydeals.com.au
• Terms of Service – User Agreement Policy under which www.everydaydeals.com.au is to be used and accessed.
• Database – online source upon which businesses accepted to be registered on www.everydaydeals.com.au are stored
• User – Person or persons who access businesses recommended by Everydaydeals.com.au through www.everydaydeals.com.au
• Review – a retrospective evaluation or consideration of past experiences, circumstances, or facts.
• Service of Everydaydeals.com.au - the goods and/or services provided by Everydaydeals.com.au in providing business recommendations for users of www.everydaydeals.com.au.
• Posted Content – information listed on www.everydaydeals.com.au by users of www.everydaydeals.com.au as well as Everydaydeals.com.au from time to time.
• Suspend - To come to a end, ceasing acceptance pending a review and outcome agreement by Everydaydeals.com.au
• Third Parties – person, corporation, trust, business name or body corporate which is not owned or controlled by Everydaydeals.com.au
These terms and conditions govern the relationship between Everydaydeals.com.au and the businesses we recommend.
1. Governing Law
This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia. Parties connected to Everydaydeals.com.au; be they companies we recommend, advertisers listed on www.everydaydeals.com.au or their business affiliates agree to submit to the jurisdiction of the courts and tribunals of Victoria, Australia.
2. Right to Accept or Reject Application
Businesses acknowledge that Everydaydeals.com.au reserves the right to accept or reject at its sole discretion any application for registration. Businesses agree to supply documentation and proof required by Everydaydeals.com.au in verifying qualifications, legal terms of trade and its ability to operate a business proficiently and effectively. Businesses agree that all licensees, credentials, testimonials, certifications and qualifications, where applicable per industry have been attained/and or awarded non-fraudulently. Business also acknowledge that all information they provide to Everydaydeals.com.au as a business in reference to certificates, qualifications, awards won, licensing and insurance cover are not misleading or deceptive. Should an application for listing on www.everydaydeals.com.au be initially rejected, any money paid by Businesses to Everydaydeals.com.au will be fully refunded.
3. Everydaydeals.com.au's Role
Everydaydeals.com.au’s online referral service, available at www.everydaydeals.com.au operates as both a foundation and facilitator, desiring to match the needs of users with recommended list of providers based on locality.
Specifically through a procedural system, Everydaydeals.com.au:
• Facilitates the advertising of businesses listed on our referral network through a range of marketing channels
• Endorses the latest news applicable to users of our website
• Authorizes sales and promotions deemed suitable by Everydaydeals.com.au
• Allows users to contact these businesses through a variety of means when necessary for their everyday use and needs
• Connects visitors to www.everydaydeals.com.au with various industry bodies and organizations which monitor and govern the business dealings of companies they represent
Through the use of our partner website, www.top6.com.au, Everydaydeals.com.au:
• Collates and then lists top businesses on our referral network
• Permits users to post and share their reviews with users, whilst having the ability to access reviews from other users,
• Connects users of www.everydaydeals.com.au to top businesses/services in various localities
• Facilitates users to view third party postings/reviews regarding similar businesses/services
Everydaydeals.com.au is and maintains our role as an impartial facilitator. Businesses listed on our referral network acknowledge and agree that Everydaydeals.com.au is not, and will not, be directly involved in the business dealings/transactions between recommended businesses and users of www.everydaydeals.com.au
4. Bench mark standard
Everydaydeals.com.au as a business strives itself in excellence in fulfilling the promise of recommending valuable and trusted companies to our network of customers. Every company recommended and listed on www.everydaydeals.com.au must be guaranteed and trusted. Businesses acknowledge that if this standard is not met, upheld and adhered to, Everydaydeals.com.au reserves the right to terminate their service.
Everydaydeals.com.au offers one type of membership registration, which contractually will be reviewed on an annual basis. This registration will remain current whist the recommended business upholds and maintains the standards set out by Everydaydeals.com.au.
Everydaydeals.com.au will issue the prospective recommended business with an identification number as well as establish a main point of contact from which all correspondence between Everydaydeals.com.au and the business shall be made. Everydaydeals.com.au shall be entitled to assume that any person or communications from the established point of contact acts on the behalf of the business as its authorized representative. The registration of a business to the referral network of Everydaydeals.com.au is personal and cannot be sold or otherwise transferred to another person or entity.
6. Business Obligations:
As a business listed and recommended by Everydaydeals.com.au, your organization will be rewarded for its outstanding service not only to your industry but everyday customers as a whole. In conjunction with our partner website www.top6.com.au, our listings provide up to ten times more information than any newspaper advertisement or yellow page listing for a fraction of the price. In exchange for this service, there are a number of requirements established by Everydaydeals.com.au, which must be adhered to for membership to be maintained.
Businesses registered on our partner website must ensure they:
• Take the necessary time to ensure the information posted about their business is correct and factual. There is nothing worse for a customer than choosing a business, only to realize that some elements of information provided are factually incorrect.
• Upload pictures and photos of your business, allowing new customers to browse what your company has to offer. This will strengthen your business’s online presence on our network.
• Secure their back of house access to www.everydaydeals.com.au in a safe area, eliminating unauthorized access to your business listing
• Register on www.everydaydeals.com.au, as an individual, and engage with our online community (refer articles for the latest news segment, update us on sales and promotions in your organization, upload pictures, etc). As a business owner, manager or representative, you are a real human being, and www.everydaydeals.com.au is the right place to show that.
• Ensure any feedback provided by owners as well as users of www.everydaydeals.com.au is taken into perspective remembering that collective postings provided about your business are paramount to your ongoing success as well as continued listing by Everydaydeals.com.au.
• In the event that a not so favorable review is posted about your business, be sure to put yourself in the mindset of your customer. An active step to feedback in improving one’s standards is what distinguishes good businesses from top businesses. Everydaydeals.com.au recommends in such a situation, a business consider waiting 24 hours before responding to any negative reviews as a cooling-off mechanism.
• Take the time to thank users of www.everydaydeals.com.au who have reviewed your business, improving your customer’s relations to the best of your ability.
• Consider enhancing your business profile page (for businesses which have selected Everydaydeals.com.au’s business standard) and joining top6.ccom.au’s Word of Mouth marketing program. This will demonstrate your commitment to www.everydaydeals.com.au, providing you with a range of marketing options.
• Join Everydaydeals.com.au’s User reward’s program which connects users to exclusive rewards and incentives as provided by your business.
With Accordance to our review policy: business recommended by Everydaydeals.com.au on www.top6.com.au must not:
• Review their own business anonymously or allow their friends to do the same. Such actions will be deemed wide off the mark and will not be tolerated. Businesses identified engaging in such practices will be deregistered from www.top6.com.au
• Underestimate the impact of a single negative review. To be honest, it happens to even the best businesses. What is critical is that businesses take the correct steps to right such actions where deemed necessary, allowing positive changes to their policies, procedures and staffing culture to be made.
• Target or lash out at users which have posted or post negative reviews about you. Such practices may cause users of www.top6.com.au to up the ante spreading more negativity. Please note: research shows that for every negative review which is not addressed, the customer who has been wronged informs 10 others.
Please note: In the event that a steady trend of negative reviews are made on a particular business, Everydaydeals.com.au reserves the right to interview that business to review its’ membership on www.top6.com.au
If any provision of this agreement is held invalid, unenforceable or illegal under present or future law, this agreement will remain otherwise in full force apart from that provision which will be deemed unenforceable.
Please note: Everydaydeals.com.au in its choice or discretion may vary the terms and conditions of this Agreement at any point by providing written notice, listing of the changes. These will take effect when notice is served to the effective business.
Businesses, which are recommended, understand and acknowledge that:
• Everydaydeals.com.au is not and will not be a party to any transactions between themselves and users/visitors to www.everydaydeals.com.au. Additionally, we do not provide billing, money collection, reconciliation, accounting or any other services between recommended business and users/visitors to www.everydaydeals.com.au. This responsibility falls solely on the recommended business.
• Everydaydeals.com.au does not offer professional advice to visitors to www.everydaydeals.com.au or other persons relating to the quality/suitablility of any goods or services for any purpose;
• They are responsible for completing all transactions they participate in, providing all business services agreed to between it and each User (including monitoring the status and complying with all relevant legal obligations); and
• Everydaydeals.com.au will not be liable for any loss or damage incurred by the businesses we recommend as a result of any failure or delay in Everydaydeals.com.au transmitting or providing any information to recommended business or a user or removing any information from the Site.
9. Everydaydeals.com.au's Rights
We reserve the right to:
• Co-operate with any law enforcement authority in any jurisdiction when disclosing the identity or other information in respect and connection to www.everydaydeals.com.au with regards to any lawful request, be it about recommended business or users/visitors to www.everydaydeals.com.au.
• List the most appropriate companies on our referral network which agree to the policies and values of our company.
• Refuse to communicate or promote any information and/or materials (whole or in part) which we find objectionable, defamatory or in violation of any applicable law or this Agreement.
10. Intellectual Property
(a) The text, images, graphics, sound files, video files and their arrangement on this website remains the sole and exclusive property of Everydaydeals.com.au and/or associated businesses. Everydaydeals.com.au further claims all intellectual property rights in terms of information, statistics, data and materials used or appearing on the website including (without limitation) all software, tools, know-how, equipment or processes, trade marks, logos and other materials. Businesses recommended by Everydaydeals.com.au acknowledge and agree that they will not acquire any rights, title or interest in or to any of Everydaydeals.com.au’s intellectual property rights.
(b) These objects may not be copied for commercial use, transmission or distribution and may not be modified or posted to other websites without the consent of Everydaydeals.com.au. This website may contain content that is subject to the intellectual property rights of third parties. Businesses listed on www.everydaydeals.com.au acknowledge and agree that they will not acquire any rights, title or interest in or to any of the intellectual property rights of affiliated third parties.
In the situation that a recommended business posts information to the Site, or otherwise provides information materials and copyright material for Everydaydeals.com.au to disseminate, it grants us a royalty free permanent license to reproduce, modify, distribute, display and delete such content (in whole or in part) on the Site or as otherwise deemed appropriate by Everydaydeals.com.au.
Businesses recommended by www.everydaydeals.com.au must satisfy itself through its own enquiries as to the ability of the visitors/users of www.everydaydeals.com.au to pay for goods and services, which they will provide.
To the extent permitted by law Everydaydeals.com.au excludes all liability to recommended business or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of goodwill) arising out of or in connection with this Agreement and the System.
Businesses recommended/listed on www.everydaydeals.com.au are liable for ensuring that all work conducted by sub-contractors on their behalf:
• Comply with our Code of Conduct, good practice,
• Are carried out under applicable industry licenses
Moreover, recommended businesses agree to ensure that each sub-contractor is covered by appropriate and adequate insurance to the extent generally desirable for business in their position and area of practice.
Businesses recommended on www.everydaydeals.com.au acknowledge and agree to indemnify Everydaydeals.com.au (it’s respective parent companies, directors, employees, agents, successors and assigns) from and against any third party claims, actions or demands (including, without limitation, costs, damages, legal and accounting fees) alleging or resulting from, or in connection with their business listing on www.everydaydeals.com.au. This includes any violation of the law or rights of recommended businesses and third parties connected with this website. This agreement is effective until terminated by Everydaydeals.com.au. Please note: Everydaydeals.com.au may terminate agreement at any time.
12. Cancellation of Service
Subject to terms and conditions listed, a business recommended by Everydaydeals.com.au may choose to cancel its registration and/or listing on www.everydaydeals.com.au. Upon cancellation, Everydaydeals.com.au will remove the referred business from its network. Once processed, such businesses will not be liable or accountable to Everydaydeals.com.au except where otherwise deemed fit by us.
Please note: Everydaydeals.com.au may terminate agreement at any time without prior notice.
13. Termination and Breach of Contract
Without limiting any other remedies available to Everydaydeals.com.au by law, in equity or under this Agreement, Everydaydeals.com.au in its sole discretion may:
Issue a warning
Terminate a business which is recommended and listed on www.everydaydeals.com.au if:
(a) Any breaches of the terms and conditions of this Agreement occur
(c) We believe that the actions or omissions of a recommended business may negatively affect the interests of users of www.everydaydeals.com.au
(d) May result in any loss or liability for other businesses we recommend; visitors to our website or Everydaydeals.com.au as a business
(e) Everydaydeals.com.au reasonably believes that the quality and goodwill of the recommended business are of poor or deteriorating quality.
In the event that a recommended business’s agreement
Expires and/or Suspended, cancelled or expires for any reason, businesses recommended on www.everydaydeals.com.au acknowledge and agree:
(a) To immediately cease having any affiliation with and refrain in representing itself as a business recommended by Everydaydeals.com.au and/or listed on www.everydaydeals.com.au
(b) To cease using all trademarks, intellectual property and other material owned by Everydaydeals.com.au or provided by Everydaydeals.com.au to the businesses we recommend;
In the event where a business’ contact ceases or come to an end with Everydaydeals.com.au, notification will be forwarded via written notification to the authorized representative of the business in question.
14. No Agency
Please note: Everydaydeals.com.au as a business is a separate entity from the businesses we recommend on our referral network. Unless otherwise stated and agreed in writing, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Amendments to Terms and Conditions
Everydaydeals.com.au reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of top6.com.au following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
16. Terms and Conditions for Advertising on everydaydeals.com.au
Everydaydeals.com.au offers a select range of advertising options designed to enable your business in attracting genuine customers, whilst providing you with extensive exposure for your business. Being an online referral guide, made up of real reviews from real people, advertising on www.everydaydeals.com.au will assist your businesses in maximizing their online reputation.
All Advertisers on www.everydaydeals.com.au agree to be bound by the general terms and conditions set out above as well as these additional terms and conditions, as applicable.
These terms and conditions govern the relationship between Everydaydeals.com.au and the businesses that choose to advertise on our referral network. Businesses must adhere to the following:
• Advertisements must not include unnecessary capitalization. Therefore, the first word of each sentence must be capitalized along with all proper nouns (names, days of the week, months, cites, states). Additionally, the first letter of every word may be capitalized in the title. Entire words that can be capitalized are Acronyms, the offer codes of promotions as well as your business's name.
• Advertisement text must be logical, grammatically correct and in complete sentence format. All sentences must have a space between each punctuation mark. Sentences may not start in the title and continue in the body. Also, a phone number or a website's name may be included at the end of the ad text.
• Any images used in the advertising process must be relevant and appropriate to the item/promotion being advertised. Furthermore, Adult language, profanity, or sexual terms are not permitted in advertisements on www.everydaydeals.com.au.
• All advertisements should be directly related to the content of the applicable URL page. Consequently, the title, advertisement text, or image must clearly represent your company, product, or brand.
• All advertisements placed must not be deceptive or fraudulent about any offer that it makes. Furthermore, the website an advertisement is directed to must clearly and accurately offer the exact deal the advertisement has displayed. Moreover, the terms of the advertisement (found on linked pages) must clearly state what action or set of actions is or are required to qualify for the offer.
• The destination (connecting URL) must be relevant to the content being advertised and may not include content that is in violation of guidelines supplied by Everydaydeals.com.au. All users must be sent to the same connecting web-link when an advertisement is clicked. The destination may not include fake close behavior or pop-ups windows
• The text included in an advertisement must be accurate and appropriate. Text may not single out an individual or degrade the viewer of the advertisement.
• That the use of all symbols, numbers, or letters adhere to its true meaning. Symbols may not be used to substitute for letters.
• All Advertising costs are to be paid in advance by money order, wire transfer, credit card or our online payment system (paypal) and processed before advertising date.
• Everydaydeals.com.au offers no refunds for advertising, once the advertisement has been published on www.everydaydeals.com.au
• A secure server connection (https) must be used when collecting personal information from users.
• Ads may not contain, facilitate or promote adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual.
• Ads may not contain, facilitate or promote offensive, profane, vulgar, obscene, or inappropriate language.
In both advertisement text and image, advertisers must not include any content that may be deemed as infringing upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
Everydaydeals.com.au reserves the right to accept or reject any advertisement, listing or other content for any reason deemed applicable according to our internal business code. We may remove, revise or refuse to publish any advertising material as we deem fit. Everydaydeals.com.au will determine the utilization of all keywords, category and other material used to describe or categorize a business listing for all purposes relating to www.everydaydeals.com.au.
Advertisers listing on www.everydaydeals.com.au agree to provide all relevant advertising material to Everydaydeals.com.au for use on the Website in accordance with any requirements of Everydaydeals.com.au including deadlines and delivery formats. Advertisers warrant that they are entitled to such materials and authorize Everydaydeals.com.au to use those materials as contemplated on their behalf. Advertisers warrant that all information provided to Everydaydeals.com.au will be accurate. In the event that changes need to be made on advertising material during the term or any follow-on term, Advertisers must notify Everydaydeals.com.au in writing requesting such modifications. Everydaydeals.com.au takes no responsibility for any of the Advertiser's material.
Everydaydeals.com.au shall not be liable to the advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or web sites or the service. In no event will adjustments, reinstatements or refunds be made because of the position in which an advertisement has been published.
Everydaydeals.com.au reserve the right to remove non-functioning details from any advertisement such as email addresses, web site URLs, telephone and/or fax numbers if the advertiser fails to respond to inquiries by our staff regarding any problems within 48 hours.
Cancellations, corrections, changes of advertising dates and/or changes of advertising content must conform to published deadlines established by Everydaydeals.com.au. We will not be responsible for errors appearing in advertisements which are placed after deadline or for errors due to late delivery of material from the advertiser or advertising agency or from a third party designated by the advertiser or advertising agency as a source for material to be published.
Advertisers who promote their products and services on www.everydaydeals.com.au acknowledge and agree that Everydaydeals.com.au may at any time, in relation to the advertiser, a partner or director:
(a) Obtain a credit report from another credit provider about that person's credit worthiness:
(b) disclose information to another credit provider about that person's consumer credit worthiness:
(c) Use information that concerns that person's commercial activities or commercial credit worthiness pursuant to Section18L (4) of the Privacy Act 1988 (Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
(d) Disclose a report concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
(e) Disclose this information to our Legal Representatives or Collection Agency in the event of the account being deemed fraudulent.
Advertisers and the agencies, which represent a company’s advertising, assume liability for all content (including text representation, illustrations, updates and URL's to other internet content) of advertisements published on www.everydaydeals.com.au. They also assume responsibility for any possible claims arising there from, made against Everydaydeals.com.au including all costs associated with defending any such claim.
Everydaydeals.com.au does not guarantee any given level of distribution, circulation, reach or readership for an advertisement unless when otherwise expressly stated in writing. All display advertisement positions are contractually agreed upon at the time payment is made by advertiser or advertising agency with Everydaydeals.com.au.
Advertisers listing on www.everydaydeals.com.au agree to indemnify Everydaydeals.com.au for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained on www.everydaydeals.com.au, on the Website or any of its printed material.
Advertisers may not assign their rights or obligations under any agreement with the Company (Everydaydeals.com.au ) without the written consent of the Company.
Please note: There will be a $30.00 charge for any transaction not honored by respective banks. Returned checks must be replaced with *certified /cashier/* wire transfer funds within 48 hours of notification. All payments must be made in Australian Dollars.
List of Terms
• Everydaydeals.com.au - Business registered and operated in the state of Victoria, Australia
• www.everydaydeals.com.au – Online portal through which top business are recommended to users by Everydaydeals.com.au
• Terms of Service – User Agreement Policy under which www.everydaydeals.com.au is to be used and accessed.
• Business – recommended businesses listed on www.everydaydeals.com.au
• Users - persons which access businesses recommended by Everydaydeals.com.au through www.everydaydeals.com.au
• Review – a retrospective evaluation or consideration of past experiences, circumstances, or facts.
• Service of Everydaydeals.com.au - the goods and/or services provided by Everydaydeals.com.au in providing business recommendations for users of www.everydaydeals.com.au
• Suspend - To come to a end, ceasing acceptance pending a review and outcome agreement by Everydaydeals.com.au
• You - persons including any corporation or body corporate
• Third Parties – person, corporation or body corporate which is not owned or controlled by Everydaydeals.com.au
• Listing – Database of businesses recommended by Everydaydeals.com.au
• Business Standard – business listing option provided free of charge by Everydaydeals.com.au
• Business Premier – A fee based priority listing option provided by Everydaydeals.com.au
• Review Policy – Policy of Everydaydeals.com.au
• Advertisers – Businesses/Companies which market their brand and/or products on www.everydaydeals.com.au
• Month – a calendar term separating the 12 periods of the year
• Terms and Conditions – Listing of the guidelines and obligations required by Everydaydeals.com.au
• Contract – a stated agreement between Everydaydeals.com.au and concerned parties enforceable by law
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