ACCEPTANCE OF TERMS AND CONDITIONS
"ShoppingLane" provides an interactive online service operated by Nel Marketing (Aust) Pty Ltd Trading As www.shoppinglane.com.au (herein referred to as "ShoppingLane") on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by ShoppingLane, affiliates of ShoppingLane and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User.
By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof.
The right to use this Site is personal to End-User and is not transferable to any other person or entity.
The right to use the Site is solely for personal and non-commercial use.
End User shall be responsible for protecting the confidentiality of End User's password(s), if any.
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ShoppingLane, and ShoppingLane shall not be responsible for any data lost while transmitting information on the Internet.
While it is ShoppingLane's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ShoppingLane, access to the Site may be interrupted, suspended or terminated from time to time.
ShoppingLane shall have the right at any time to change or discontinue any aspect or feature of ShoppingLane, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ShoppingLane may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
Any such deletions or modifications shall be effective immediately upon ShoppingLane's posting thereof. Any use of ShoppingLane by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto.
ShoppingLane shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct
Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only.
End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without ShoppingLane's express prior, written approval, contains advertising or any solicitation with respect to products or services.
Any conduct by an End User that in ShoppingLane's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited.
End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with ShoppingLane.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of ShoppingLane, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Nel Marketing (Aust) Pty Ltd Trading As www.shoppinglane.com.au (ACN 629 257 754) or used with express permission of the copyright and/or trademark owner.
Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the Microsites without the express written permission of Nel Marketing (Aust) Pty Ltd Trading As www.shoppinglane.com.au is strictly prohibited.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ShoppingLane protected by copyright as a collective work under Australian copyright laws.
ShoppingLane owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
End User may download / print / save copyrighted material for End User's personal use only.
Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ShoppingLane and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with ShoppingLane shall not be deemed to be in the public domain but rather the exclusive property of ShoppingLane, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of ShoppingLane, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
ShoppingLane does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.
End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted ShoppingLane the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use.
End User hereby grants ShoppingLane the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of ShoppingLane, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
End User expressly agrees that use of this site and the Microsites is at End User's sole risk.
Neither ShoppingLane, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to
(i) the results that may be obtained from use of this site, or
(ii) the accuracy, reliability or content of any information, service or merchandise provided through this site or the Microsites
This Site and the Microsites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. End User specifically acknowledges that ShoppingLane is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with end user.
In no event shall ShoppingLane, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the Microsites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. End User hereby acknowledges that the provisions of this section shall apply to all content on this Site and the Microsites.
In addition to the terms set forth above, neither ShoppingLane, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this Site or any of the Microsites, or for any delay or interruption in the transmission thereof to the End User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
ShoppingLane is not responsible for any content that a user, subscriber, or an unauthorized user may post on this site or any of the Microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by ShoppingLane. Moreover, ShoppingLane reserves the right to edit, change, alter, delete and prohibit any and all content that ShoppingLane deems unsuitable.
ShoppingLane shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ShoppingLane, as well as to satisfy any applicable law, regulation or authorized government request.
Without limiting the foregoing, ShoppingLane shall have the right to remove any material that ShoppingLane, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge.
ShoppingLane does not control or endorse the content, messages or information found in any Community, and, therefore, ShoppingLane specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content.
Generally, any communication which End User posts to ShoppingLane (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ShoppingLane as confidential, that fact will be stated on those pages.
10. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to ShoppingLane a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless ShoppingLane, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.
ShoppingLane may terminate this Agreement at any time.
Without limiting the foregoing, ShoppingLane shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which ShoppingLane, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
ShoppingLane is licensed from Nel Marketing (Aust) Pty Ltd Trading As www.shoppinglane.com.au (ACN 622 346 221). All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ShoppingLane are the property of their respective owners.
14. Third Party Content
ShoppingLane, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ShoppingLane has no more editorial control over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of ShoppingLane.
Neither ShoppingLane nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with ShoppingLane. ShoppingLane neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ShoppingLane by anyone other than authorized ShoppingLane employee spokespersons while acting in official capacities.
Under no circumstances will ShoppingLane be liable for any loss or damage caused by an end user's reliance on information obtained through ShoppingLane.
It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ShoppingLane.
ShoppingLane contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ShoppingLane of the contents on such third-party sites and ShoppingLane hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites.
If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with ShoppingLane expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. ShoppingLane reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for ShoppingLane established by ShoppingLane constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. ShoppingLane's headquarters are in Sydney, Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New South Wales (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Sydney, Australia.
16. Refund Policy
If you make an order to purchase a Voucher, and the Minimum Quota has not been met, ShoppingLane will charge-back the full purchase price to your credit card.
You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Voucher, except as required by law.
17. Refer-A-Friend Program
To be eligible for the "Refer-a-friend" credit, your referral must meet the following criteria:
a) Your friend must have signed up directly via the link specified in your refer-a-friend email; and
b) Your friend must have made a purchase without the use of a Promo Code via the Website where the amount paid for the purchase was in excess of $0.00.
You will not be given the "refer-a-friend" credit for a referral in the case that your friend has signed up, via any other channel other than directly through the "refer-a-friend" link specified in the email. You will not receive any credit for subsequent purchases, after the first purchase made by your friend.
ShoppingLane, may at it sole discretion, delete/remove any credit from your account where it is of the view that the credit was obtained in a manner that is contrary to these terms and/or not in the spirit of the "refer-a-friend' program.
Once your referred friend has made a purchase, which was of an amount in excess of $0.00, your account will be credited by the "Refer-a-friend" amount specified from time-to-time, which may be applied towards your next purchase from us.
18. Electronic Communications
Any communication between you and us uses electronic means, whether you visit our website, or subscribe, or register, or enter a competition for which we are the promoters, or send us emails, or whether we post notices on ShoppingLane or communicate with you via email. For contractual purposes, (a) you consent to receive communications from us in an electronic form this includes any marketing or promotional material; and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as may be necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.
II. TERMS OF SALE
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use and access to our website.
We reserve the right to accept or reject your offer to purchase for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, an error in your order, suspected or actual abuse of deriving credit, or breach of the terms and conditions. In the event that we cancel your order, we will provide a full refund of any payment received.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Where the deal or product you purchase is not purchased through ShoppingLane; rather it is purchased from a seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not ShoppingLane, is the seller of the goods and services and is solely responsible for redeeming any goods and/or services you purchase. ShoppingLane sole role in such instance is as a marketing agent for the Merchant, that sells ShoppingLane Vouchers though the website.
1. Terms and Conditions for Restaurant-Specific Vouchers
For this section, Restaurant shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to you.
Redemption frequency is determined by restaurants, and shall be contained in the terms and conditions on the Vouchers that apply to that particular deal.
Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
It is at the discretion of the restaurant to determine whether ShoppingLane Vouchers can be combined with any other restaurant Vouchers, third party Vouchers, Coupons, or promotions.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine in only unless otherwise stated.
The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
Neither the seller nor the restaurant is responsible for lost or stolen Vouchers or restaurant Vouchers reference numbers.
Reproduction, sale or trade of this Restaurant-Specific Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void to the extent allowed by law.
The ShoppingLane offer (including, but not limited to, any discounts) expires on the date specified on the ShoppingLane Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the ShoppingLane Voucher (which is usually less than the original face value of the ShoppingLane Voucher) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
If you redeem the ShoppingLane Voucher for less than its face value, you will not be entitled to a credit, cash or new ShoppingLane Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the ShoppingLane Voucher exceeds the amount you redeemed. For example, if you paid $20 for ShoppingLane Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the ShoppingLane Voucher.
All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes is the responsibility of the Merchant. ShoppingLane's sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute is solely determined and consummated by the Merchant, and ShoppingLane has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
Merchant Voucher may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.
Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by merchant.
The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
Neither the seller nor the merchant is responsible for lost or stolen Voucher or Voucher reference numbers.
Voucher cannot be combined with any other gift Vouchers, third party Vouchers, Vouchers, or promotions, unless otherwise specified by merchant.
Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void to the extent allowed by law.
The ShoppingLane offer (including, but not limited to, any discounts) expires on the date specified on the ShoppingLane Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the ShoppingLane Voucher (which is usually less than the original face value of the ShoppingLane Voucher) to the extent required by applicable law. See section 3 for a more detailed explanation.
If you redeem the ShoppingLane Voucher for less than its face value, you will not be entitled to a credit, cash or a new ShoppingLane Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the ShoppingLane Voucher exceeds the amount you redeemed. For example, if you paid $20 for ShoppingLane Voucher which entitles you to purchase $50 of product by February 1, 2011 and you make a purchase for $40 on January 30, 2011, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the ShoppingLane Voucher.
3. Additional Terms and Conditions for All ShoppingLane Vouchers
All Vouchers printed from the ShoppingLane website or any website associated with ShoppingLane (hereinafter "Vouchers") are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of ShoppingLane and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Merchant Voucher is the merchant.
As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your ShoppingLane Voucher, and in which you wish to redeem your ShoppingLane Voucher at the Merchant, the Merchant is responsible for allowing you to redeem your ShoppingLane Voucher for the cash value based on the money you actually paid for your ShoppingLane Voucher (i.e. if you paid $20 for a ShoppingLane Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the ShoppingLane Voucher.
While the expiration date on the ShoppingLane Voucher dictates the last date that you can use your ShoppingLane Voucher at Merchant for the promotional offer which is stated on the ShoppingLane Voucher, state laws (which vary state-by-state) may provide that the Merchant is responsible for honouring the cash value that you paid for your ShoppingLane Voucher for a period of time beyond the expiration date stated on the ShoppingLane Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of ShoppingLane, as ShoppingLane is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.