Ineedto ACN 24 127 474 444 (“Ineedto”) welcomes you. Ineedto is the operator of the website, ineedto.com.au (“Site”). By accessing, using or making purchases on the Site, you agree to be bound by and accept without limitation or qualification the following terms and conditions (“Terms and Conditions”):
1. DESCRIPTION OF SERVICE
Ineedto provides users with opportunities to purchase vouchers for sale (“Vouchers”), which can be exchanged for discounted goods and services offered by third party merchants (each, a “Merchant”) subject to certain terms and conditions (each, a “Deal”). Ineedto provides its services to you subject to your compliance with these Terms and Conditions.
2. USER REPRESENTATIONS
You represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal right and ability to enter into a legally binding agreement with Ineedto; and (iii) you will use the Site in accordance with these Terms and Conditions.
Ineedto reserves the right to modify these Terms and Conditions from time to time. Such modifications will be effective immediately upon publication on this Site. Your continued use of the Site, or any of the materials contained on the Site, following such publication will be deemed your conclusive acceptance of the modified Terms and Conditions.
4. RESTRICTIONS ON USE
You agree to use the Site solely for your own personal and non-commercial use. Further, you agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site or any other communications received from Ineedto. Any fraudulent, illegal or unauthorised use of the Site shall constitute a violation of these Terms and Conditions. You agree that Ineedto may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. REGISTRATION AND ACCOUNTS
5.1 In order for you to access the Deals offered by businesses that use the Ineedto website to promote their services or products and for those customers to purchase Vouchers, you may be required to create a registered account (“Account”) by completing the registration form in the manner described on the Site. By creating an account: (a) you agree to receive email communications from Ineedto relating to Deals and Vouchers you have purchased on the Site; (b) you can purchase Vouchers through the Site; (c) you can access and change your Account information, including your email address and password; (d) you can view and print the Vouchers you have purchased; and (e) you can check whether any credits are owed to you. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Ineedto reserves the right to refuse or terminate your Account at any time if: (a) you breach these Terms and Conditions; (b) Ineedto considers such action necessary to comply with any requirements of the law; or (c) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner. If we terminate your Account, you may be prevented from accessing all or parts of the Site, your Account details or other content contained in your Account and Ineedto will not be liable to you or any third party for doing so.
5.2 You agree to: (a) maintain all equipment required for your access to and use of the Site; (b) maintain the security of your user identification, password and other confidential information relating to your Account; (c) be responsible for all consequences resulting from use of your Account, use of your Account by others (including minors) or unauthorised use; (d) notify Ineedto immediately if you become aware of any unauthorised use of your Account; and (e) that each username and password must be used by a single user and are not transferable. For any concerns or problems relating to your Account, please contact email@example.com.
7. INFORMATION ON THIS SITE
7.1 The information published on this Site about particular goods and services is based on material supplied by Merchants and other third parties and Ineedto does not verify the accuracy or truth of such material. You agree that Ineedto cannot be held liable or responsible for any errors or inaccuracies in information relating to goods and services supplied to us by Merchants and other third parties.
7.2 You agree to make your own enquiries to verify information provided on the Site and to assess the suitability of goods and services before you purchase.
8.1 The promotion of any Deals on the Site or in email communications you receive from Ineedto does not constitute an offer to sell. It is an invitation to treat only.
8.2 A Voucher is only available for purchase once a specified number of users have made an order to purchase the Voucher on the Site during a specified availability period (“Minimum Order Number”).
8.3 By making an order to purchase a Voucher on the Site, you agree that: (a) you are making an offer and commitment to purchase the Voucher if the Minimum Order Number is reached; (b) your nominated credit card will be charged for the value of the Voucher once the Minimum Order Number has been reached; (c) Ineedto reserves the right, in its sole discretion, to accept or reject your order to purchase a Voucher for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once you have made an order to purchase a Voucher, you cannot cancel your order.
8.4 If your payment for a Voucher is not received or it is declined by your credit card provider, we will not hold any Voucher against your order.
8.5 If you have made an order to purchase a Voucher, and the Minimum Order Number has not been reached by the end of the Deal period, Ineedto will not charge your credit card.
9. ISSUING VOUCHERS
9.1 You will only be issued a Voucher if the Minimum Order Number has been reached and we have received full payment from you.
9.2 Once the Deal has closed, your Voucher will be sent to you by email and it will also be available for download from your Account on the Site.
9.3 Ineedto is not liable for any loss suffered as a result of a Voucher not being received by you, including, without limitation, as a result of you providing us with an incorrect email address or the email containing your Voucher being blocked by a filter or firewall.
10. VOUCHER REDEMPTION
10.1 You can redeem your Voucher with the relevant Merchant in order to receive the goods or services you have purchased through a Deal. You acknowledge and agree that the Merchant, and not Ineedto, is the provider of the goods or services and is solely responsible for honouring any Voucher purchased by you.
10.2 For Vouchers relating to goods provided by the Merchant, you may be required to pick up your goods from a specified location or to pay an additional fee for the delivery of your goods to your nominated address.
11. VOUCHER CONDITIONS
11.1 You acknowledge and agree that your purchase of a Voucher from Ineedto may be subject to specific terms and conditions which will be disclosed on the Site prior to your purchase of the Voucher. You agree to be bound by those specific terms and conditions, and acknowledge that if there is any inconsistency between those terms and conditions and these Terms and Conditions, those terms and conditions will prevail.
11.2 By purchasing a Voucher on the Site, you agree that all terms and conditions specific to the Voucher will be legally binding on you. Unless required by law or otherwise stated in the terms and conditions specific to the Voucher, the following terms apply to all Vouchers (without limiting the other terms and conditions in these Terms & Conditions): (a) Vouchers cannot be redeemed for cash, must be used in one transaction and cannot be used in conjunction with any other offer; (b) Ineedto is not responsible for any Vouchers that are lost, stolen or redeemed by an unauthorised third party; (c) Vouchers must not be resold, offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions). Ineedto may in its sole discretion deem any Vouchers in violation of this paragraph to be void; (d) except as required by law, you are not entitled to any credit or refund, whether full or partial, on the purchase price of a Voucher; and (e) the expiration date of a Voucher will be specified on the Voucher and disclosed on the Site. Once a Voucher has expired, Ineedto considers the Voucher to be invalid and it will not be honoured by Ineedto or the Merchant. Ineedto will not provide any refunds in whole or in part for any expired Vouchers.
12. BOOKINGS AND CANCELLATIONS
12.1 All Vouchers relating to the provision of services by Merchants is subject to availability and may require you to make a booking in advance. Ineedto cannot guarantee that services will be available at your preferred times. It is your responsibility to arrange your booking directly with the Merchant.
12.2 If you cancel your booking, you acknowledge and agree that the Merchant may charge you a cancellation fee or consider the Voucher to be redeemed and invalid.
12.3 If you have any problems using your Voucher with any Merchant, you can contact us at firstname.lastname@example.org
13. DISCLAIMER OF WARRANTIES
13.1 You expressly understand and agree that, to the extent permitted by law: (a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Ineedto and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (b) Ineedto and its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the information that may be obtained from the Site will be accurate or reliable; (iv) the quality of any goods, services, information or other material purchased or obtained by you through the Site will meet your expectations; and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and (d) no advice or information, whether oral or written, obtained by you from Ineedto or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions.
14. LIMITATION OF LIABILITY
14.1 Except for certain statutory warranties under consumer protection laws that are implied for your benefit, Ineedto does not give any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to a Voucher, a Deal, the goods and services that are the subject of a Deal or your use of the Site outside these laws. Subject to any claims available under consumer protection laws, Ineedto, its affiliates and associated agencies are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with: (i) a Voucher, a Deal offered by a Merchant or goods and services that are the subject of a Deal; (ii) any inaccurate or incorrect information provided by a Merchant on the Site; (iii) your use of the Site; (iii) any act or omission (whether negligent or not) of a Merchant; (v) any failure or delay including, but not limited to, the use or inability to use any component of the Site; (vi) any interference with or damage to Users’ computer systems which occurs in connection with use of this Site or an external website; (vii) the cost of procurements of substitute goods and services resulting from any goods or services purchased or obtained through the Site; (viii) any unauthorised access to or alteration of your Account information; (ix) any statements or conduct of any third party on the Site; or (x) the performance or non-performance of any Merchant in connection with a Deal, except for any liability which cannot be excluded by law.
14.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of Ineedto for such a claim will (at Ineedto’ option and to the extent permitted by law) be limited to: (a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and (b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
15. LIABILITY, RELEASE AND INDEMNIFICATION
15.1 You release and discharge and will at all times indemnify, and keep indemnified, Ineedto and its directors, officers, employees, agents and affiliates (“Released Parties”), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by Ineedto as a result of any claim, demand, suit, action or proceeding by any third party against you or Ineedto that arises out of or in connection with: (i) your use of the Site; or (ii) any violation of these Terms and Conditions or any terms and conditions specified by a Merchant; or (iii) any activity related to your Account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct).
15.2 You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of Ineedto and its affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
16. INTELLECTUAL PROPERTY
16.1 Ineedto reserves all intellectual property rights, including but not limited to, copyright in information, materials and/or services provided by us. Nothing in these Terms and Conditions gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
16.2 Trade marks and logos used on the Site that are owned by third parties are used with permission and remain the intellectual property of those third parties.
17. LINKS TO OTHER WEBSITES
17.1 The Site contains links to other websites. Ineedto is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for your convenience only and Ineedto makes no warranty or representation regarding and does not endorse such websites or any content appearing on such websites. Ineedto disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites. Ineedto neither warrants nor represents that your use of any materials on linked websites will not infringe the rights of any third parties.
You may send and receive electronic mail, engage in conferences and chats, download and upload files and otherwise use this Site as permitted by these Terms and Conditions, the operating policies of Ineedto and applicable law. A User’s participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by Ineedto. Ineedto does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. Ineedto reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) encouraging conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) harmful, offensive or otherwise in violation of these Terms and Conditions or the operating policies of Ineedto. Ineedto may disclose the identity of anyone posting such communications or materials when required by law or requested by any law enforcement authorities or by court order. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of Ineedto.
19. USE OF THE SITE OUTSIDE AUSTRALIA
Ineedto does not represent that the contents of the Site are appropriate or available for use in countries outside Australia. If a User chooses to access the Site from outside Australia, the User is responsible for compliance with foreign and local laws.
20. GENERAL TERMS
20.1 These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
20.2 If any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
20.3 These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User. Ineedto may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Users.
20.4 Any failure by Ineedto to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.