Contents

1. Definitions

2. Our contract with you 

3. Your account with us 

4. Price and Payment 

5. Delivery 

6. Foreign taxes, duties and import restrictions 

7. 100% Coupon Point Guarantee 

8. Disclaimers 

9. Content and Intellectual Property Rights 

10. Your email address 

11. System Security 

12. Acceptable use Policy 

13. Indemnity 

14. Miscellaneous provisions 

15. Merchant and Customer Agreement/Disclaimer

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by transacting with us, you agree to be bound by them. No person under the age of 18 years may purchase Coupon Points or redeem Coupon Points for Coupons. If you are under 18, please confer with an adult to make your transaction.

We are: DiscountOn International Pty Ltd T/A DiscountOn.com.au

Our address is: 19 Olive Grove, Keysborough. VIC. 3173.

You are: a visitor to Our Website / our Customer

The terms and conditions

1. Definitions

 In this agreement:

•  “Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
•  “Our Website” means the entire computing hardware and software installation that is or supports Our Website.
•  “Deals” means any of the Coupon Deals featured on Our Website
•  “Content” means any material in any form published on Our Website by us or any third party with our consent.
•  “Material” means Content of any sort posted by you on Our Website 

2. Our contract with you

These terms and conditions apply: 

1. So far as the context allows, to you as a visitor to Our Website; and

2. In any event to you as a buyer or prospective buyer of the Coupon Deals listed on our website.

3. Our contract commences with you once we have successfully, and securely, completed your purchase of Coupon points via either Credit Card or PayPal. We shall confirm your order by e-mail to the e-mail address you have supplied to us as part of your “Account” details. [Our message will also contain details of how you use your Coupon Points to “Take-Up” Coupon Deals and other information we consider useful to you in transacting on our Website.]

4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you take up a Coupon Deal.

5. While we cannot always guarantee the performance of the Merchant in relation to the Coupon Deals advertised on our website, we are committed to managing those Merchants and provide you with a 100% Coupon Point Replacement Guarantee should you have ANY issues redeeming your chosen Coupon(s). [Please see additional information regarding the 100% Coupon Point Replacement Guarantee in Clause 7.0.]

6. In the unlikely event that a Merchant does not honour your Coupon Deal, or your circumstances change in such a way as you are no longer able to “take up” your Coupon Deal, or you just “Change your Mind”, we will Credit the Coupon Point, you used for that Coupon Deal, back to your Account. One Coupon Point will be Credited to your account under ANY circumstance where you do not use, or are unable to redeem, your Coupon. There are NO exceptions to this situation.

7. If you receive Coupon Points from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

8. In the event of a dispute, we will credit your Credit Card or PayPal account as soon as reasonably practicable but in any event no later than 14 days from the date of cancellation of your account.

3. Your account with us

1. You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the Coupons.

2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

4. We reserve the right to refuse you access to Our Website.

4. Price and Payment\

1. Banking charges by the receiving Merchant Facility/Gateway on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

2. Prices include Australian Goods and Services Tax (GST). If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.

OR

4.3 Prices include Australian Goods and Services Tax (GST). If you show by your delivery address that you reside outside Australia, we will refund to you the amount charged as GST.

5. Delivery

1. Delivery of your Coupon will be done electronically to the email address you provided to us in your account information. It will be sent in PDF Format and you will be required to print out your Coupon for redemption by the Merchant. If you do not have a PDF Reader on your Computer, you can download one for free from here – www.adobe.com .

6. Foreign taxes, duties and import restrictions

1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

7. 100% Coupon Point Guarantee

1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target however, we cannot control the actions of others; including their performance in relation to the Coupon Deals they post on our site. Our 100% Coupon Point Guarantee has been set up to specifically deal with any situation where you, the Customer, do not receive the goods and/or services promised in your chosen Coupon Deal or you change your mind.

2. In the event that you are unable to redeem your Coupon, or if you do not receive goods and/or services that accurately fit the description provided by the Merchant in the Coupon Deal, we will Credit the Point you used from your account to take up that Coupon Deal, back to your account. The 100% Coupon Point Guarantee is absolute!

3. In order to claim back your Coupon Point, all you need to do is send an email to guarantee@discounton.com.au and include your Name (as it appears in your account), the unique Coupon Code (Printed on the Coupon you wish to claim on) and a brief description as to why you would like your Point Credited. Points will be Credited under all circumstances; the reason for the description request is so DiscountOn can gather any relevant information on the poor performance of the Merchant involved; if appropriate.

8. Disclaimers

1. We or our Content suppliers may make improvements or changes to Our Website and/or its Content, at any time and without advance notice.

2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.

3. We give no warranty and make no representation, express or implied, as to:

1. the adequacy or appropriateness of the Goods or Services offered by our Merchants for your purpose;

2. the truth of any Content on Our Website published by someone other than us;

3. compatibility of Our Website with your equipment, software or telecommunications connection.

4. Our Website contains links to other Internet websites or businesses outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or business.

5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

6. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Goods or Services you have purchased.

7. The above two sub paragraphs do not apply to a claim for personal injury.

9. Content and Intellectual Property Rights

1. We will defend the intellectual property rights in connection with our Website, including copyright in the Content whether provided by us or by any other Content Provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

2. We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and/or the other Content Provider. We will strongly protect those rights in all countries.

3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

4. You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

5. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10. Your email address

1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

11. System Security

1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

3. You may not use any software tool for the purpose of extracting data from Our Website.

4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

12. Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

1. You will not use the Services for Spamming. Spamming includes, but is not limited to:

1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

2. The sending of junk mail;

3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

4. Excessive and repeated posting off-topic messages to newsgroups;

5. Excessive and repeated cross-posting;

6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

7. The emailing of age inappropriate communications or content to anyone under the age of 18.

13. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14. Miscellaneous provisions

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

2. Where we provide Goods or Services without specific charge to you, then it (or they) is deemed to be provided Free of Charge, and not to be associated with any other Goods or Service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those Goods or Service.

3. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

6. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

7. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

8. This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

“I have read and understood these terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person have agreed that I may buy your goods.”

Merchant and Customer Agreement/Disclaimer

DiscountOn.com.au (the "site", the "website") is a free coupon listing service for merchants that can offer a range of special offers, free offers, discount offers, and such like information about products, services and merchants including but not limited to product or offer description, pricing and any commentary (the "information").

THE INFORMATION IS PROVIDED BY MERCHANTS LISTING on DiscountOn.com.au "AS IS" AND "WITH ALL FAULTS." DiscountOn.com.au checks all merchant listings but MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DiscountOn.com.au may, at it's sole discretion and without prior notice or liability discontinue or alter any aspect of the Site, including, but not limited to, (a) restricting the time of availability, (b) restricting the availability and/or scope of the Site for certain platforms (i.e., computer types and operating systems), (c) restricting the amount of use permitted, and (d) restricting or terminating any User's right to use the Site.

DiscountOn.com.au shall have the right, but not the obligation, to monitor the content of DiscountOn.com.au (the"Information"), including classifieds, chat rooms and forums, to determine compliance with this Agreement and any operating rules established by DiscountOn.com.au and to satisfy any law, regulation or authorized government request.

DiscountOn.com.au shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DiscountOn.com.au. Without limiting the foregoing, DiscountOn.com.au shall have the right to remove any material that DiscountOn.com.au, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

The retail resources linked to DiscountOn.com.au are maintained by independent retail providers. The relationship between DiscountOn.com.au and the independent retail providers is like that of landlord and tenant.

The relationship is neither that of a joint venture, partner, nor principal and agent. DiscountOn.com.au cannot and does not monitor all linked resources, and it exercises no control whatsoever over the content, reliability, suitability, accuracy, or completeness of any information passing through DiscountOn.com.au.

DiscountOn.com.au MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE INDEPENDENT RETAIL PROVIDERS. DiscountOn.com.au DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE GOODS AND SERVICES MADE AVAILABLE BY THE INDEPENDENT RETAIL PROVIDERS.

DiscountOn.com.au WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED, INCLUDING, BUT NOT WITHOUT LIMITATION, DAMAGES CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR UNDER ANY CAUSE OF ACTION. NO INFORMATION, PRODUCT OR SERVICE PROVIDED BY THE INDEPENDENT RETAIL PROVIDERS IS GUARANTEED BY DiscountOn.com.au, AND DiscountOn.com.au DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY DATA PROVIDED BY THE INDEPENDENT RETAIL PROVIDERS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DiscountOn.com.au IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NEITHER DiscountOn.com.au NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

You agree to hold DiscountOn.com.au harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Terms of Service or any Content placed on the Site by you.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between DiscountOn.com.au representatives and you. DiscountOn.com.au may amend or modify this Agreement or impose new conditions at any time upon notice from DiscountOn.com.au to Customers as published through the Site.

This Agreement shall be construed and controlled by the laws of the State of Victoria, Australia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Victoria. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Victoria, Australia.

Copyright Discount On International Pty Ltd, 2011