Terms & Conditions

HOME & LIVING

1. User agreement

1.1 By using the modernlivingdeals.com website and modernlivingdeals.com shopping website (and their app and mobile sites) and our Social Media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy This Agreement is between you and modernlivingdeals.com Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. Registration and user requirements

2.1 You must be a registered member to make orders and access certain features of the Website.

2.2 You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

2.3 Information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here

2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.5 If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately (support@modernlivingdeals.com).

2.6 We are not liable for any unauthorized use of your account.

2.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

2.8 To register an account and use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us.

3. Disclaimer

3.1 For orders on the Website, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where relevant) and all other price components excluding shipping costs (unless free shipping is specified). The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.

4. Website changes

4.1 We reserve the right to change, alter, vary or amend the Website at any time.

4.2 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other Content contained in your account. In the event that this occurs, you will still be entitled to access those vouchers that you had previously purchased through the Website.

5. Access and use of the Website

5.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.

5.2 You must not:

5.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or

5.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;

5.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or

5.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.

5.3 You must not use another member's account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorized use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.

6. Access and use of our Social Media pages

6.1 We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:

6.1.1 breaches the terms of use of the relevant Social Media service provider;

6.1.2 is defamatory or in contempt of legal proceedings;

6.1.3 is misleading or deceptive;

6.1.4 is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;

6.1.5 contains religious or political material;

6.1.6 is indecent, obscene or pornographic;

6.1.7 infringes any third party intellectual property rights;

6.1.8 contains any promotional or advertising material; or

6.1.9. contains or links to computer viruses, malware, spyware or similar software.

7. Social Media and Content

7.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.

7.2 You understand that we do not control and are not responsible for Content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and, to the extent permissible by law, we do not accept liability in this regard.

7.3 As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:

7.3.1 you do not have the right to post;

7.3.2 is defamatory or in contempt of any legal or other proceedings;

7.3.3 is misleading or deceptive;

7.3.4 incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

7.3.5 denounces religious or political beliefs;

7.3.6 includes religious or political material which is or is likely to be offensive;

7.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

7.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;

7.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

7.3.10 impersonates any person or misrepresents your relationship with any person.

7.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website or our Social Media pages without giving any reasons.

7.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.

8. Intellectual property

8.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

8.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

8.3 You may not:

8.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained in the Website; and/or

8.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

8.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the Content of your correspondence or communication, and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improving goods or services we provide.

9. Information on this Website

9.1 Information about goods and services on the Website is based on material provided by third party businesses ("Vendors"). We do our best to verify the information provided to us by Vendors but we cannot guarantee its accuracy.

9.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by Vendors.

9.3 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.

9.4 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, and shoes) may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

10. Disclaimer and liability

10.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

10.1.1 errors, mistakes or inaccuracies on the Website or our Social Media pages;

10.1.2 you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our Social Media pages;

10.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;

10.1.4 any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

10.1.5 any interruption or cessation of transmission to or from the Website;

10.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

10.1.7 the quality of any product or service of any linked sites.

10.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.

10.3 Where any law (Indian consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

10.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.

10.5 Some services provided by the Vendors may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services, you should inform yourself of the risks and/or specific skills or qualifications involved.

10.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance, require the service Vendor to be insured, or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. We accept no liability in this regard.

11. Placing Orders

11.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

11.2 The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

11.3 Orders placed by you are offers to purchase either:

11.3.1 a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any Vendor terms and conditions at the price specified (including delivery and other charges); or

11.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

11.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

11.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.

11.6 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.

11.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

12. Price, payment and use of discount/coupon codes

12.1 The prices of vouchers, good, delivery and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold goods or vouchers against your order.

12.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.

13. Vouchers: Use and redemption of a modernlivingdeals.com voucher

13.1 Vouchers will be accessible via your moderlivingdeals.com account. Your voucher will not be emailed to you and will only be accessible via your account. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.

13.2 All vouchers sold on the Website are offered on behalf of third party Vendors. Any voucher you purchase shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified on the voucher. The Vendor, and not modernlivingdeals.com, is the seller and supplier of the goods and services to which the voucher relates and is solely responsible for honouring any voucher you purchase.

13.3 In relation to goods provided by a third party on redemption of a voucher, you acknowledge that the third party vendor is the supplier of the goods, and not modernlivingdeals.com

13.4 To the extent permitted by law (including Indian Consumer Law), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.

13.5 The voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the voucher. The voucher cannot be exchanged or redeemed for cash. A voucher cannot be combined with any other discount or promotional offer unless specified by the Vendor.

13.6 Neither modernlivingdeals.com nor the Vendor is responsible for lost or stolen vouchers or fraudulent use (by a person other than modernlivingdeals.com or the Vendor) of the voucher’s unique reference number.

13.7 Vouchers may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.

13.8 Vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.

14. Vouchers: Availability of goods and services and scheduling

14.1 You agree and acknowledge that:

14.1.1 where Vendors offer services on the basis of “sessions” or otherwise on a time basis, the advertised duration may be indicative and approximate;

14.1.2 the Vendors are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability;

14.1.3 where Vendors offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;

14.1.4 the Vendors of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the Vendor prior to purchasing any voucher, or finalising any booking to confirm that you are able to comply;

14.1.5 photographs appearing on our Website to illustrate details of offers of Vendors are generally those made available to us by Vendors or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by Vendors. For example, they may depict only one of various venues and locations at which the services are offered and, given your geographic location, this may not be the venue or location applicable to you;

14.1.6 a representation on the Website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;

14.1.7 restaurant menus advertised on the Website are indicative only and subject to change without notice; and

14.1.8 where Vendors offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments), you agree that these may need to be scheduled at intervals to be determined in consultation with the Vendor, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.

15. Bookings

15.1 All service products are offered by Vendors subject to availability. For all products that require bookings, we recommend making bookings at least THREE (3) weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).

15.2 We do not guarantee that services will be available at your preferred date and time.

15.3 Bookings are made subject to any supplier policies.

15.4 If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space. In that regard, the cancellation policies of the Vendor will apply at all times. Please ensure that you check the cancellation policies of the Vendor before booking.

15.5 If required by the Vendor, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither modernlivingdeals.com nor the Vendor shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a voucher upon request.

16. Vouchers: Bookings and cancellations

16.1 All services promoted on the Website are offered by Vendors subject to availability. Some services will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.

16.2 Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any Vendor policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the Vendor. Unreasonably short notice cancellations may result in the cancellation of your voucher if the Vendor is unable to fill your space.

16.3 Vendors reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Indian Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.

17. Voucher expiry and extension

17.1 The voucher expires on the date indicated on the voucher.

17.2 Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honored by the Vendor.

17.3 Some Vendors may experience a large volume of bookings towards the conclusion of the validity period. It is strongly recommended that all bookings are made well before the conclusion of the validity period. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.

18. Voucher refunds

18.1 Upon receipt of your query, we will endeavor to contact the Vendor and resolve the issue on your behalf. If your query cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.

18.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:

18.2.1 the Vendor fails to or cannot provide the goods or services within the validity period;

18.2.2 the goods or services supplied by the Vendor are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;

18.2.3 the goods or services are not provided within a reasonable time, taking into account the validity period of the voucher; or

18.2.4 we have chosen to withdraw the goods or services from sale.

18.3 We will only refund you, in accordance with clause 18.2.1, where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by Vendors subject to availability. Neither Modernlivingdeals.com nor the Vendor is responsible where you are unable to redeem your voucher for reasons beyond our or the Vendor’s control, including where you are unable to redeem your voucher because, through reasons of your own, cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.

18.4 Where an appointment or booking is cancelled for reasons beyond the Vendor’s control (including for bad weather or breakdowns), you must allow the Vendor opportunity to provide you with alternative booking times, subject to the availability of appointments and the terms of the voucher. If available within a reasonable period of time after the expiry of the voucher, the Vendor may provide you with a booking after the validity period. You will be entitled to a refund where:

18.4.1 your booking or appointment is cancelled by the Vendor consecutively more than 3 times within the validity period; or

18.4.2 if required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Vendor.

18.5.1 contact the Vendor within any advertised “Book By” date; or

18.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.

18.6 Expired vouchers are non-refundable. We do not allow refunds or returns for change of mind. If you are eligible for a refund you may choose to accept a store credit instead of a cash refund.

19. Complaints or problems

19.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any Vendor.

19.2 If you wish to make a complaint in respect of a Vendor, you must email that complaint to suppor@modernlivingdeals.com.

19.3 Notwithstanding the nature of the complaint, refunds will only be provided in accordance with our Refunds Policy.

20. Links to third party websites

20.1 The Website may include links to other websites, Content or resources. These linked websites, Content or resources may be operated by third parties and we may have no responsibility or control over them.

20.2 The existence of these links does not imply that we endorse the linked website, Content or resource. You acknowledge that we have not reviewed any of these third party websites, Content or resources and we are not responsible for the material contained therein.

21. Transfer and Assignment

21.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

21.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

21.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.

22. Indemnity

22.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of this Agreement.

23. Shopping: Supply and delivery of goods

23.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.

23.2 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable:

23.2.1 for late delivery where attempted delivery has occurred on or before the delivery time-frames; or

23.2.2 where delivery has occurred and a parcel has been signed for (regardless of whether or not you have personally accepted delivery).

24. Shopping: Packaging and labelling

24.1 We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

24.2 We recommend that you read the labels and instructions on foodstuffs or other consumables prior to consumption or use.

24.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar products available in Australia.

25. Shopping: Goods out of stock

25.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

26. Shopping: Change of mind returns

26.1 We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit on a case-by-case basis, provided that the item in question is:

26.1.1 returned within 28 days of order;

26.1.2 not used or worn (with original tags and/or packaging); and

26.1.3 not damaged in any way.

If we allow a return in these circumstances, we will ask you to follow our returns process.

26.2 We will provide you with a refund or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.

27. Shopping: Defective goods

27.1 Our goods come with guarantees that cannot be excluded under the Indian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

27.2 Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us and rights you may have in relation to those warranties are separate to any warranty rights given to you by us.  You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in India and, if so, how you should go about making a claim under such a warranty.

28. Shopping: Process for returns and refunds

28.1 When seeking a return on a product, please contact us via support@modernlivingdeals.com Once contacted, we will investigate your issue and advise you whether your product may be returned and, where required, provide you with a return authorisation and instructions on how to return your goods, with which you must comply.

28.2 Once an item is returned, we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used in an abnormal way or where there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

28.3 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.

28.4 We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

29. Communication by us

29.1 As a condition of registering for modernlivingdeals.com, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

29.1.1 “Administrative Emails” involve details of account activity and purchases you have made; and

29.1.2 “Promotional Emails” consist of product information and new offers. You may choose to opt-out of receiving Promotional Emails at any time by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

30. Credits

30.1 Users (referred to as “Referrers”) are able to earn Modernlivingdeals.com credits by referring others to use Modernlivingdeals.com (and may also be awarded credits by Modernlivingdeals.com).

30.2 We reserve the right to alter the value of modernlivingdeals.com credit to Referrers and the duration of credit at any time.

30.3 If your registration on our Website is cancelled or terminated by us in accordance with these terms and conditions, any accrued Modernlivingdeals.com credits will be forfeited.

30.4 You may also be able to earn Modernlivingdeals.com credits by undertaking other tasks, such as posting purchased Modernlivingdeals.com deals to Facebook or Twitter.

30.5 We reserve the right to alter the amount and ratio of Modernlivingdeals.com credits we grant at our absolute discretion. We also reserve the right to cancel members' Modernlivingdeals.com credits if they have breached these terms and conditions.

30.6 Modernlivingdeals.com credits refunds will expire 365 days after they have been credited to your account. Modernlivingdeals.com credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with clause 30.

30.7 Store credits issued by Modernlivingdeals.com cannot be used on Shopping or Travel deals. or vice versa.

31. Vendor terms & conditions

31.1 Any terms and conditions of the specific Vendor will always apply in addition to any specific terms of the goods and services as stated by the Website. For example, if a Vendor is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the Vendor's usual terms and conditions.

32. Identification requirements

32.1 We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.

32.2 In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will proceed with an ID check to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order, and you will be notified.

33. General

33.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

33.2 This Agreement will be governed by and interpreted in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the Courts of India.

33.3 If any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

33.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

34. Privacy and Personal information

34.1 If you provide us with any personal information, our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

HOLIDAYS

1. Booking Terms and Conditions

1.1 The website of https://treatme.co.nz/nz ("the Site" or “the Website”) is owned by Lux Everyday Pty Ltd, (ACN 615 408 ) On this website and in these booking conditions Treat Me Holidays and entities that are related to or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the "Company", " Treat Me Holidays ", "we", "our" or "us" and a person taking advantage of the services offered by Treat Me Holidays, all other persons (if any) included with that person in the booking are included in the expression "you", "your", a "client" or "passenger".

1.2 Treat Me Holidays sells bookings and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). Treat Me Holidays is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website (“Travel Products”). Cudo / Treat Me / Deals acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”). Treat Me Holidays is not the agent of any such principal. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.

2. User agreement

2.1 This agreement is between you and Treat Me Holidays. By visiting and/or using the Website you agree to be bound by the terms of this agreement ("agreement"). We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur. By using our site to search for and/or book the products and/or services offered, you are indicating:

• that you have read this User Agreement; and

• your acceptance of this User Agreement.

3. Registration

3.1 In order to purchase any item (and access certain ‘members only’ areas of the Website), you need to be a registered member of the Website. When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address.

• You agree to provide accurate and complete information and to keep this information current. You information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy.

• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

3.2 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately. We are not liable for any unauthorised use of your account.

4. Capacity

4.1 By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the website.

5. Website changes

5.1 We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those packages that you had previously purchased through the Website.

6. Disclaimer

6.1 For orders on Treat Me Holidays, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where applicable).

7. Use of Website by you

7.1 You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

7.2 You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.

7.3 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.

7.4 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

7.5 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

7.6 We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a package, we will email you a copy of any confirmation prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

8. Information on this Website

8.1 Information about offers on the Website may be based on material provided by third party businesses ("merchants"). We do our best to verify the information provided to us by merchants, but we cannot guarantee its accuracy on all occasions.

8.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.

8.3 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

8.4 All imagery and video on the Website are for representational purposes only.

9. Orders

9.1 Purchases made by you to purchase a travel offer are made under the specific terms and conditions in this agreement, together with any merchant-specific terms and conditions listed under the “Fine Print” of the offer, together with any specific terms and conditions of the merchant. Promotion of offers on the site does not constitute a legally binding offer, but rather, are an invitation to treat.

9.2 We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order except as set out in this agreement.

10. Price

10.1 The prices of offers include all taxes and charges, including GST (where applicable) except where stated otherwise. There may be additional surcharges which are payable directly to the hotel which will be referred to in the relevant travel offer. Prices of products and services are current at time of display however are subject to change.

11. Payment

11.1 All payments must be received in full prior to a confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' packages on your behalf.

12. Travel Agreements and Travel Products

12.1 Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and the Company which can only be varied by an officer of the Company in writing.

12.2 All travel products arranged by the Company are provided by Suppliers believed by the Company to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and the Company accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against the Company.

13. Accessibility of Booking Confirmation

13.1 Your travel booking confirmation will be accessible via your account with us. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

14. Booking Confirmation

14.1 The Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not Treat Me Holidays, is the seller of the product and is solely responsible for honouring the package you purchase. Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

14.2 Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, packages cannot be combined with any other gift certificates, packages or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.

14.3 We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation's unique reference number.

15. Reservations

15.1 Instant Booking

15.2 If you elect to book online through Instant Booking, you will be required to:

• Log into Treat Me Holidays (using your email address and password)

• Click on the relevant deal

• Fill in the required fields including travel dates, party size and any other options / extras.

• Once your booking is complete click on ‘Continue’ to proceed to payment and complete the payment process to complete your booking online.

15.3 You are responsible for making all payments due to us, even if your booking includes other parties. You must be at least 18 when the booking is made. A booking request can only be processed where you have provided us with payment authority (including credit / debit card details) and the booking has been accepted as set out below. We accept no liability for any errors you make in the booking form.

15.4 Once you’ve completed your booking the relevant supplier will be notified of your selected dates and following confirmation of those dates your credit / debit card will be debited in respect of the payment amount and you will then receive an email and invoice from Treat Me Holidays confirming your reservation.

15.5 On the rare occasion, advertised dates for a particular deal may not be available when your booking request is processed. When this occurs, Treat Me Holidays will, where possible, offer you similar alternative arrangements. Where we are unable to find an alternative which is suitable for you, we will reimburse you for any payment made in respect of that booking.

15.6 Buy Now and Book Later

15.7 If you elect to buy a deal now but wish to book the particular dates at a later time you will be required to:

Log into Treat Me (using your email address and password)

Click on the relevant deal

Select the “Buy now / Book later” option

You will get a confirmation email with details about the booking but no booking confirmation will be generated;

In order to book your trip you will need to go to your account to Book the dates.

15.8 You will be required to produce a booking confirmation at check in. In the event that you forget, lose, misplace or have the confirmation stolen, you will be required to produce another copy of the confirmation. Neither Treat Me Holidays, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a travel booking confirmation upon request.

15.9 CHANGE OF DATE

You are permitted to make one (1) change to the date of your booking provided that such change is made no less than 45 days prior to the commencement of your original booking date and provided you choose dates which are of an equal value and are available on the Website. Any change to your booking date must be made on the Website and is strictly subject to availability. Note this Change of Booking Date option does not apply to all packages and does not apply to any Tour or Cruise bookings. No refund will be given if you are not able to change your booking date as a result of alternate dates not being available or the Change of Date option not being available for your booking. In order to check whether your package is eligible for a Change of Date, to check alternate dates and to change your booking you will need to follow these steps.

Log into MY ESCAPES on the Website and click CHANGE DATES NOW (if available for your booking)

Select your new dates (which must be available and of equal value)

Click “Confirm Dates” to confirm your change of date

You will then be sent a revised booking confirmation

16. Purchase expiry and extension

16.1 The booking confirmation will expire on the date indicated on the travel booking confirmation. Expired purchases are non-refundable in whole or part. Once expired, purchases are no longer valid and will not be honoured by the merchant.

16.2 In the event that a booking specifies a ‘book by’ date, all bookings must be made with the supplier prior to that date.

17. Merchant Terms & Conditions

17.1 Any Terms and Conditions of the supplier will always apply in addition to any specific terms of the offer stated by Treat Me Holidays. For example, if a merchant is not open on certain days, the package will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a package on account of the merchant's usual terms and conditions.

18. Consecutive Days

18.1 Unless the offer specifically provides otherwise, offers must be used over one continuous period and packages cannot be split. For example, if a package entitles you to four nights at a resort, those four nights must be used consecutively - you cannot use two nights over one period, and then two nights over another.

19. Changes in Price and Itineraries

19.1 Prices are in Australian dollars (except where stated otherwise) are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by the Company’s computer based system. Some prices can only be guaranteed at the time the booking is made and may differ from that quoted as it is based on the “best available rate of the day from the supplier”.

19.2 Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, the Company reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to our issuing your travel documentation following receipt of the balance of your price.

19.3 We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation, when accepted by a passenger within five (5) days of the quote being given. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.

20. Price and Invoice Errors

20.1 The Company endeavours to ensure that all prices listed on the Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto the Company.

20.2 The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.

21. Refunds

21.1 Any refunds are made in accordance with our Refund Policy.

22. What is not included in Treat Me Holidays products

22.1 Flights (except where expressly stated), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour Directors, motor coach drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.

23. Insurance

23.1 You should immediately after purchasing any travel product arrange your own travel insurance. The Company recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses and theft. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

24. Passports, Visa, Vaccinations, and Baggage

24.1 A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility.

24.2 It shall be your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current travel advice. Treat Me Holidays accepts no liability in this regard.

24.3 You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it.

24.4 The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday.

24.5 You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited.

25. Room Bedding Guide

25.1 All prices on this website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking (for example, twin share, separate beds, additional rollaway beds may be arranged at time of check-in and additional charges may be payable direct to the hotel). Some hotels may also have maximum capacity for particular rooms.

26. Pricing, Value and Savings

26.1 We calculate the percentage off in our deals based on the ‘rack rate’ of the room and the inclusions at the time the deal is live for the validity period of the deal (that’s hotel-speak for ‘Recommended Retail Price’). Hotels may change accommodation charges depending on peak seasons, low seasons and events so we use the rack rate which is consistent through the year and 100% verifiable. The value and comparative savings have been determined based on the resort's published rack rates and the value of inclusions. Please be advised that rack rates may not be reflective of actual rates being charged, dependent on the timing and manner of your booking and therefore are only indicative of the level of saving.

27. Frequent Flyer Points

27.1 Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of the Company. For further information please contact the airline directly.

28. Liability

28.1 All information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

28.2 In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.

28.3 All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.

28.4 The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control.

28.5 Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.

28.6 Neither the Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.

28.7 Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

29. Limitations of Liability

29.1 The Company arranges your holiday, which will be provided by other suppliers. The Company sells holidays in Australia and internationally that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services.

29.2 The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.

29.3 The Company bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You therefore commit to indemnify and hold harmless the Company against all damages or claims made by you. The above provisions do not apply to benefit the Company if the cause of the loss or claim against the Company arises directly as a result of a breach of any of these terms by the Company.

30. Indemnity

30.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

31. Links to third party websites

31.1 The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

31.2 The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

32. Standard of Service

32.1 The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.

33. Complaints or Problems

33.1 We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier (such as the hotel, tour operator or airline).

33.2 If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to the Company within 30 days of return to Australia.

33.3 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a merchant, please refer to https://treatme.co.nz/faqs

33.4 Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.

34. Intellectual Property

34.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

34.2 Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

34.3 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

35. Change of Control

35.1 Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

36. Communication by us

36.1 As a condition of registering for Treat Me Holidays, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

'Administrative Emails' involve details of account activity and purchases you have made

'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

37. Treat Me Holidays Credit

37.1 Store Credits issued for https://treatme.co.nz/ cannot be used for Treat Me Holidays product on https://treatme.co.nz/nz and vice versa.

38. Governing Law

38.1 37.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia, and any applicable laws in New Zealand. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.

Effective Date: 1 June 2018

LIFESTYLE

1. User agreement

1.1 By using the Treatme.co.nz website and Treatme.co.nz shopping website (and their app and mobile sites) and our Social Media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy This Agreement is between you and Treatme.co.nz Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. Registration and user requirements

2.1 You must be a registered member to make orders and access certain features of the Website.

2.2 You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

2.3 Information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here.

2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.5 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately (support@treatme.co.nz).

2.6 We are not liable for any unauthorised use of your account.

2.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

2.8 To register an account and use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us.

3. Disclaimer

3.1 For orders on the Website, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where relevant) and all other price components excluding shipping costs (unless free shipping is specified). The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.

4. Website changes

4.1 We reserve the right to change, alter, vary or amend the Website at any time.

4.2 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other Content contained in your account. In the event that this occurs, you will still be entitled to access those vouchers that you had previously purchased through the Website.

5. Access and use of the Website

5.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.

5.2 You must not:

5.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or

5.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;

5.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or

5.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.

5.3 You must not use another member's account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

5.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.

6. Access and use of our Social Media pages

6.1 We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:

6.1.1 breaches the terms of use of the relevant Social Media service provider;

6.1.2 is defamatory or in contempt of legal proceedings;

6.1.3 is misleading or deceptive;

6.1.4 is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;

6.1.5 contains religious or political material;

6.1.6 is indecent, obscene or pornographic;

6.1.7 infringes any third party intellectual property rights;

6.1.8 contains any promotional or advertising material; or

6.1.9. contains or links to computer viruses, malware, spyware or similar software.

7. Social Media and Content

7.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.

7.2 You understand that we do not control and are not responsible for Content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and, to the extent permissible by law, we do not accept liability in this regard.

7.3 As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:

7.3.1 you do not have the right to post;

7.3.2 is defamatory or in contempt of any legal or other proceedings;

7.3.3 is misleading or deceptive;

7.3.4 incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

7.3.5 denounces religious or political beliefs;

7.3.6 includes religious or political material which is or is likely to be offensive;

7.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

7.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;

7.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

7.3.10 impersonates any person or misrepresents your relationship with any person.

7.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website or our Social Media pages without giving any reasons.

7.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.

8. Intellectual property

8.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

8.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

8.3 You may not:

8.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained in the Website; and/or

8.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

8.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the Content of your correspondence or communication, and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improving goods or services we provide.

9. Information on this Website

9.1 Information about goods and services on the Website is based on material provided by third party businesses ("Vendors"). We do our best to verify the information provided to us by Vendors but we cannot guarantee its accuracy.

9.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by Vendors.

9.3 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.

9.4 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, and shoes) may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

10. Disclaimer and liability

10.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

10.1.1 errors, mistakes or inaccuracies on the Website or our Social Media pages;

10.1.2 you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our Social Media pages;

10.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;

10.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

10.1.5 any interruption or cessation of transmission to or from the Website;

10.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

10.1.7 the quality of any product or service of any linked sites.

10.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.

10.3 Where any law (including the Australian Consumer Law and applicable laws in New Zealand) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

10.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.

10.5 Some services provided by the Vendors may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services, you should inform yourself of the risks and/or specific skills or qualifications involved.

10.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance, require the service Vendor to be insured, or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. We accept no liability in this regard.

11. Placing Orders

11.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

11.2 The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

11.3 Orders placed by you are offers to purchase either:

11.3.1 a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any Vendor terms and conditions at the price specified (including delivery and other charges); or

11.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

11.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

11.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.

11.6 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.

11.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

11.8 We may share your information with other members of the Catch Group Pty Ltd, including members that are located outside of Australia. Our Group is comprised of CatchOfTheDay.com.au Pty Ltd, Treatme.co.nz Pty Ltd, Mumgo Pty Ltd and their Related Bodies Corporate, as defined in the Corporations Act 2001 (Cth).

12. Price, payment and use of discount/coupon codes

12.1 The prices of vouchers, good, delivery and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold goods or vouchers against your order.

12.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts.

13. Vouchers: Use and redemption of a Treatme.co.nz voucher

13.1 Vouchers will be accessible via your Treatme.co.nz account. Your voucher will not be emailed to you and will only be accessible via your account. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.

13.2 All vouchers sold on the Website are offered on behalf of third party Vendors. Any voucher you purchase shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified on the voucher. The Vendor, and not Treatme.co.nz, is the seller and supplier of the goods and services to which the voucher relates and is solely responsible for honouring any voucher you purchase.

13.3 In relation to goods provided by a third party on redemption of a voucher, you acknowledge that the third party vendor is the supplier of the goods, and not Treatme.co.nz.

13.4 To the extent permitted by law (including the Australian Consumer Law and applicable laws in New Zealand), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.

13.5 The voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the voucher. The voucher cannot be exchanged or redeemed for cash. A voucher cannot be combined with any other discount or promotional offer unless specified by the Vendor.

13.6 Neither Treatme.co.nz nor the Vendor is responsible for lost or stolen vouchers or fraudulent use (by a person other than Treatme.co.nz or the Vendor) of the voucher’s unique reference number.

13.7 Vouchers may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.

13.8 Vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.

14. Vouchers: Availability of goods and services and scheduling

14.1 You agree and acknowledge that:

14.1.1 where Vendors offer services on the basis of “sessions” or otherwise on a time basis, the advertised duration may be indicative and approximate;

14.1.2 the Vendors are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability;

14.1.3 where Vendors offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;

14.1.4 the Vendors of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the Vendor prior to purchasing any voucher, or finalising any booking to confirm that you are able to comply;

14.1.5 photographs appearing on our Website to illustrate details of offers of Vendors are generally those made available to us by Vendors or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by Vendors. For example, they may depict only one of various venues and locations at which the services are offered and, given your geographic location, this may not be the venue or location applicable to you;

14.1.6 a representation on the Website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;

14.1.7 restaurant menus advertised on the Website are indicative only and subject to change without notice; and

14.1.8 where Vendors offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments), you agree that these may need to be scheduled at intervals to be determined in consultation with the Vendor, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.

15. Bookings

15.1 All service products are offered by Vendors subject to availability. For all products that require bookings, we recommend making bookings at least THREE (3) weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).

15.2 We do not guarantee that services will be available at your preferred date and time.

15.3 Bookings are made subject to any supplier policies.

15.4 If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space. In that regard, the cancellation policies of the Vendor will apply at all times. Please ensure that you check the cancellation policies of the Vendor before booking.

15.5 If required by the Vendor, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither Treatme.co.nz nor the Vendor shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a voucher upon request.

16. Restaurant specific vouchers

16.1 For the purposes of this section, a "Restaurant" will mean any Vendor that offers food and/or beverages for sale in its regular business.

16.2 Restaurant vouchers will be “dine-in” unless otherwise stated.

16.3 Restaurant vouchers do not include a tip or gratuity. If appropriate, you may wish to add a tip or gratuity in addition to use of the voucher.

17. Important information relating to health or nutritional products

17.1 Nothing contained on the website is intended to be or should be taken for Medical Diagnosis or Treatment

The information and statements provided on the Website with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.

17.2 Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via the Website.

17.3 You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.

17.4 All information contained on the Website, or any information contained on or in any product packaging or labels, is not intended as, nor is it implied to be a substitute for, professional medical advice.

17.5 Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment, or with any questions you may have regarding any health or nutritional related treatment or condition.

18. Vouchers: Bookings and cancellations

18.1 All services promoted on the Website are offered by Vendors subject to availability. Some services will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.

18.2 Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any Vendor policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the Vendor. Unreasonably short notice cancellations may result in the cancellation of your voucher if the Vendor is unable to fill your space.

18.3 Vendors reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law and any applicable laws in New Zealand), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.

19. Voucher expiry and extension

19.1 The voucher expires on the date indicated on the voucher.

19.2 Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honored by the Vendor.

19.3 Some Vendors may experience a large volume of bookings towards the conclusion of the validity period. It is strongly recommended that all bookings are made well before the conclusion of the validity period. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.

20. Voucher refunds

20.1 Upon receipt of your query, we will endeavor to contact the Vendor and resolve the issue on your behalf. If your query cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.

20.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:

20.2.1 the Vendor fails to or cannot provide the goods or services within the validity period;

20.2.2 the goods or services supplied by the Vendor are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;

20.2.3 the goods or services are not provided within a reasonable time, taking into account the validity period of the voucher; or

20.2.4 we have chosen to withdraw the goods or services from sale.

20.3 We will only refund you, in accordance with clause 20.2.1, where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by Vendors subject to availability. Neither Treatme.co.nz nor the Vendor is responsible where you are unable to redeem your voucher for reasons beyond our or the Vendor’s control, including where you are unable to redeem your voucher because, through reasons of your own, cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.

20.4 Where an appointment or booking is cancelled for reasons beyond the Vendor’s control (including for bad weather or breakdowns), you must allow the Vendor opportunity to provide you with alternative booking times, subject to the availability of appointments and the terms of the voucher. If available within a reasonable period of time after the expiry of the voucher, the Vendor may provide you with a booking after the validity period. You will be entitled to a refund where:

20.4.1 your booking or appointment is cancelled by the Vendor consecutively more than 3 times within the validity period; or

20.4.2 if required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Vendor.

20.5.1 contact the Vendor within any advertised “Book By” date; or

20.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.

20.6 Expired vouchers are non-refundable. We do not allow refunds or returns for change of mind. If you are eligible for a refund you may choose to accept a store credit instead of a cash refund.

21. Complaints or problems

21.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any Vendor.

21.2 If you wish to make a complaint in respect of a Vendor, you must email that complaint to support@treatme.co.nz.

21.3 Notwithstanding the nature of the complaint, refunds will only be provided in accordance with our Refunds Policy.

22. Links to third party websites

22.1 The Website may include links to other websites, Content or resources. These linked websites, Content or resources may be operated by third parties and we may have no responsibility or control over them.

22.2 The existence of these links does not imply that we endorse the linked website, Content or resource. You acknowledge that we have not reviewed any of these third party websites, Content or resources and we are not responsible for the material contained therein.

23. Transfer and Assignment

23.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

23.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

23.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.

24. Indemnity

24.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of this Agreement.

25. Shopping: Supply and delivery of goods

25.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.

25.2 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable:

25.2.1 for late delivery where attempted delivery has occurred on or before the delivery time-frames; or

25.2.2 where delivery has occurred and a parcel has been signed for (regardless of whether or not you have personally accepted delivery).

26. Shopping: Packaging and labelling

26.1 We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

26.2 We recommend that you read the labels and instructions on foodstuffs or other consumables prior to consumption or use.

26.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar products available in Australia.

27. Shopping: Goods out of stock

27.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

28. Shopping: Change of mind returns

28.1 We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit on a case-by-case basis, provided that the item in question is:

28.1.1 returned within 28 days of order;

28.1.2 not used or worn (with original tags and/or packaging); and

28.1.3 not damaged in any way.

If we allow a return in these circumstances, we will ask you to follow our returns process.

28.2 We will provide you with a refund or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.

29. Shopping: Defective goods

29.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, or any applicable laws in New Zealand. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

29.2 Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us and rights you may have in relation to those warranties are separate to any warranty rights given to you by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

30. Shopping: Process for returns and refunds

30.1 When seeking a return on a product, please contact us via support@treatme.co.nz Once contacted, we will investigate your issue and advise you whether your product may be returned and, where required, provide you with a return authorisation and instructions on how to return your goods, with which you must comply.

30.2 Once an item is returned, we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used in an abnormal way or where there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

30.3 Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.

30.4 We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

31. Purchase and sale of alcohol

31.1 We support the Responsible Service of Alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. Treatme.co.nz Pty Ltd sells alcohol under License Number 36126244.

31.2 Certain laws may declare your area a dry zone. As a consequence, we may be unable to deliver orders for alcohol to certain addresses. Please check with your local authorities before placing an order if you believe you may be in a dry zone.

31.3 By placing an order for alcohol, you represent and warrant that you and/or the recipient of the alcohol are at least 18 years old. It is an offence to falsely represent a person is of legal age to order alcohol and to obtain alcohol on behalf of a person who is under 18 years. You may be required to provide a valid ID for proof of age and sign on delivery.

32. Communication by us

32.1 As a condition of registering for Treatme.co.nz, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

32.1.1 “Administrative Emails” involve details of account activity and purchases you have made; and

32.1.2 “Promotional Emails” consist of product information and new offers. You may choose to opt-out of receiving Promotional Emails at any time by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

33. Credits

33.1 Users (referred to as “Referrers”) are able to earn Treatme.co.nz credits by referring others to use Treatme.co.nz (and may also be awarded credits by Treatme.co.nz).

33.2 We reserve the right to alter the value of Treatme.co.nz credit to Referrers and the duration of credit at any time.

33.3 If your registration on our Website is cancelled or terminated by us in accordance with these terms and conditions, any accrued Treatme.co.nz credits will be forfeited.

33.4 You may also be able to earn Treatme.co.nz credits by undertaking other tasks, such as posting purchased Treatme.co.nz deals to Facebook or Twitter.

33.5 You may apply Treatme.co.nz credits to the purchase price of a Website voucher. For example, if you have $20 Treatme.co.nz credit and wish to purchase a voucher that costs $25, you would also need to spend $5 on your credit card along with $20 Treatme.co.nz credit to purchase the deal. Treatme.co.nz credits cannot be used for deals that cost less than $10 (that is, the relevant deal itself costs less than $10). A maximum Treatme.co.nz credit up to a value of $500 may be used for any single purchase.

33.6 We reserve the right to alter the amount and ratio of Treatme.co.nz credits we grant at our absolute discretion. We also reserve the right to cancel members' Treatme.co.nz credits if they have breached these terms and conditions.

33.7 Treatme.co.nz credits refunds will expire 365 days after they have been credited to your account. Treatme.co.nz credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with clause 33.

33.8 Store credits issued by Treatme.co.nz cannot be used on Shopping or Travel deals. or vice versa.

34. Vendor terms & conditions

34.1 Any terms and conditions of the specific Vendor will always apply in addition to any specific terms of the goods and services as stated by the Website. For example, if a Vendor is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the Vendor's usual terms and conditions.

35. Governing law

35.1 This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, and any applicable laws in New Zealand. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of New South Wales.

36. Identification requirements

36.1 We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.

36.2 In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will proceed with an ID check to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order, and you will be notified.

37. General

37.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

37.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia, and any applicable laws in New Zealand. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.

37.3 If any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

37.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

38. Privacy and Personal information

38.1 If you provide us with any personal information, our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.