This agreement is between you and Livingsocial Pty Ltd (Level 1, 283 Ponsonby Road, Ponsonby, Auckland, New Zealand, 1011) (referred to in this document as “Livingsocial”, "us" or "we").
By visiting and/or using the Livingsocial website (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.
In order to purchase deals (and access any other features of the Website), you need to be a registered member.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
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 (firstname.lastname@example.org). We are not liable for any unauthorised use of your account.
By making a purchase through the Website you warrant that you are over 18.
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 vouchers that you had previously purchased through the Website.
For orders on Livingsocial, 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.
To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website;
• you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
• any interruption or cessation of transmission to or from the Website;
• any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
• the merchantability or fitness for any purpose of any good or service of any linked sites;
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
- in the case of goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
- in the case of services:
• the re-supply of the services, or
• a refund of the purchase price paid.
Use of Website by you
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.
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.
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.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
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 voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
Information on this Website
Information about goods and services on the Website is 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.
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.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Orders placed by you are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
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.
Living Social is a New Zealand business and all transactions will be billed in New Zealand dollars and include GST (where applicable).
Prices of products and services are current at time of display but are subject to change.
All payments must be received in full prior to a voucher or purchase confirmation being issued.
If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' vouchers on your behalf.
Accessibility of Voucher
Your voucher will be accessible via your account with us.
To redeem your voucher, please print off the actual A4 voucher from the website and take it with you to the merchant. If you don’t have a printed voucher with you, the merchant may not be able to honour the offer.
You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a voucher.
Voucher redemption / Supply of product
The voucher you purchase is redeemable for the specified product from the relevant merchant. The relevant merchant, not Livingsocial.co.nz, is the seller of the product and is solely responsible for honouring the voucher 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.
Vouchers cannot be exchanged or redeemed for cash.
Unless specifically stated otherwise, vouchers cannot be combined with any other gift certificates, vouchers or promotions.
We are not responsible for lost or stolen vouchers or fraudulent use of the voucher's unique reference number.
For vouchers that relate to products provided by merchants, you may be required to pick up or collect the relevant product from a specified location or to pay a fee to have the product delivered to your specified address.
IMPORTANT INFORMATION RELATING TO HEALTH OR NUTRITIONAL PRODUCTS
NOTHING CONTAINED ON THIS WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
1. The information and statements provided on this [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.
2. Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via this Website.
3. You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
4. All information contained on this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
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.
All service products are offered by merchants 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).
We do not guarantee that services will be available at your preferred date and time.
Bookings are made subject to any supplier policies.
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 merchant will apply at all times. Please ensure that you check the cancellation policies of the merchant before booking.
If required by the merchant, 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 Livingsocial, 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 voucher upon request.
Voucher expiry and extension
The voucher expires on the date indicated on the voucher.
Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the merchant.
Some merchants 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.
Livingsocial will only refund vouchers in accordance with its Refunds Policy.
Complaints or problems
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, you must email that complaint to email@example.com
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.
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.
Links to third party websites
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.
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.
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.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
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.
Change of Control
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.
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.
Restaurant specific vouchers
For the purposes of this section, a "Restaurant" will mean any merchant that offers food and / or beverage for sale in its regular business.
Restaurant vouchers will be 'dine-in' unless otherwise stated.
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.
Unless the deal specifically provides otherwise, accommodation vouchers must be used over one contiguous period. For example, if a voucher 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 period.
Unless otherwise stated orders will be delivered during normal business hours between 8am and 5pm and need to be signed for. It is a good idea to enter a delivery address at which someone will be present to accept the goods at this time; for example your workplace. If there is no one present at the delivery location who is entitled to accept and sign for the delivery, a card will be left in your letterbox informing you about the incomplete delivery and where to pick your parcels up. Parcels will usually be available for pick up at your nearest Post Office for 7 days unless you are informed otherwise.
In cases where the parcel is not picked up or has an incorrect delivery address, the item will be returned to Livingsocial. We will attempt redelivery once the delivery address has been confirmed, subject to a redelivery fee, or else pay a credit refund on returned items. We do not provide bank refunds on returned items or postage costs of returned items.
If the product has been damaged in transfer, please inform Livingsocial immediately and provide pictures if possible.
Please note that Livingsocial offers you the ability to request parcels to be left at your nominated delivery address. Livingsocial takes no liability for any loss or damage that may be caused as a result of the product being left at the nominated address.
Communication by us
As a condition of registering for Livingsocial.com.au, 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.
Users (referred to as 'Referrers') are able to earn Livingsocial credits by referring others to use Livingsocial. (And may also be awarded credits by Livingsocial)
We reserve the right to alter the value of Livingsocial credit to Referrers and the duration of credit at any time.
If your registration on our Website is cancelled or terminated by us in accordance with these Terms and Conditions, any accrued Livingsocial credits will be forfeited.
You may also be able to earn Livingsocial credits by undertaking other tasks, such as posting purchased Livingsocial deals to Facebook or Twitter.
You may apply Livingsocial credits to the purchase price of a Livingsocial voucher. For example, if you have $20 Livingsocial credits and wish to purchase a voucher which costs $25, you would also need to spend $5 on your credit card along with $20 Livingsocial credits to purchase the deal. Livingsocial credits cannot be used for deals that cost less than $10.00 (that is, the relevant deal itself costs less than $10.00). A maximum Livingsocial credits up to a value of $500.00 may be used for any single purchase.
We reserve the right to alter the amount and ratio of Livingsocial credits we grant at our absolute discretion. We also reserve the right to cancel members' Livingsocial credits if they have breached these Terms and Conditions.
Livingsocial credits will expire 365 days after they have been credited to your account. Livingsocial credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with this clause.
Merchant Terms & Conditions
Any Terms and Conditions of the specific merchant will always apply in addition to any specific terms of the Deal stated by Livingsocial. For example, if a merchant 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 merchant's usual terms and conditions.
These terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.
We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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.
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 follow internal company procedures 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 (notifying you via email).