Terms and Conditions

Terms and Conditions for consumers

1) User Agreement

1. In these Terms, a reference to “we”, “us” or “our” means His N Her Deals (ABN 58 004 302 346) (His N Her Deals).
2. These terms and conditions (Terms) govern the receipt and purchase of vouchers (Vouchers) and discount codes (Discount Codes) for products, services and benefits (Products) from His N Her Deals, including from its website located at www.hisnherdeals.com.au (Website).
3. By visiting or actively using our Website you agree to be bound by these Terms.

2) Your Account

1. Only His N Her Deals members (His N Her Deals Member) with a valid His N Her Deals account (His N Her Deals Account) can make purchases or use certain functions on the Website.
2. Registration is free of charge and you must provide certain personal information such as your name, gender, email address, postcode, age. You are responsible for providing that information and keeping it current.
3. You are also responsible for the activity on your His N Her Deals Account including maintaining the security and privacy of your login and password.
4. If you believe that your His N Her Deals Account is no longer secure you must notify us immediately at support@hisnherdeals.com.au.
5. His N Her Deals reserves the right to refuse registration or cancel a His N Her Deals Account if it was opened in a fraudulent or illegal manner, you have breached these Terms or are compelled to do so by applicable law.

3) Legal Capacity

1. You must be over the age of 18 years to become a member of His N Her Deals.
2. Should we suffer any loss or damage because a minor has purchased a Voucher, we reserve the right to take legal action or seek compensation from the parent/s or guardian/s of the minor.

4) Use of our Website by you

1. Our Website may be accessed by you at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our Website and our services will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.
2. Through our Website, you may view, cache, browse, display, print or download a copy of any content featured to your computer provided that:
   1. You use it for personal use only and not for any purposes that are commercial, unlawful or may prejudice the reputation or interests of His N Her Deals;
   2. You keep confidential all Discount Codes and Voucher codes supplied to you through His N Her Deals;
   3. You do not link our Website to another website;
   4. You agree not to copy or distribute any content shown on the site;
   5. You agree not to engage in activity that disrupts the Website or service that we offer or interfere with the security provided by the Website, for example engaging in activities such as hacking or knowingly transmitting a virus or otherwise damaging the Website or any information contained within it;
   6. You do not post content on our Website that is misleading or deceptive, incites hatred or discrimination, is offensive or indecent, infringes any intellectual property, or amounts to unsolicited advertising material;
   7. You do not breach any other terms of these Terms, our Privacy Policy, or our Social Media Policy; and
   8. You agree that any activity that we suspect is fraudulent or illegal may result in us contacting the appropriate law enforcement agents in order to stop any such actions or conduct.

5) Technical Information and Security

1. The transmission of data over the internet is not always secure. Although we endeavour to secure this Website, we are not liable for any breaches of security and you use this Website entirely at your own risk.
2. Information provided by suppliers in relation to His N Her Deals are not checked by us for inaccuracies and are considered to be true and we will not be held responsible for incorrect or inadequate information provided by a supplier or manufacturer.
3. We do not warrant that functions available on this Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
4. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

6) Supply of Website services to you/ Termination

1. We reserve the right to change the Website at any stage and do not guarantee a constant layout of the site, or that access will be available through the same equipment or software used prior to any changes.
2. We may stop providing access to our Website to you either on a temporary or permanent basis at our discretion if we have reason to believe that you have breach these Terms.
3. If we have denied you access to our Website, we will endeavour to notify you why and the ways in which you can regain access.
4. We reserve the right to terminate your account or restrict access at any stage without liability to you or any third parties affected.
5. Where we have suspended or terminated your account or access to our Website, you must not attempt to circumvent this action by registering or attempting to register on our Website under alternative username(s).

7) Supply of Products

1. By ordering a Voucher through the Website (Order), you warrant and agree that:
   1. you are a His N Her Deals Member;
   2. you will keep your password and account details secure; and
   3. all Products you purchase through the Website are solely for personal, household, or domestic use and not for resale or any other purpose.
2. You agree and acknowledge that some Products are offered and purchased directly from the relevant provider (Providers).  In those circumstances:
   1. it is the Providers (and not His N Her Deals) who are responsible for providing the Products and any associated warranties and guarantees (if any).
   2. your purchase may be governed by the Providers’ terms and conditions and you must make your own enquires as to the suitability of those terms; and
   3. His N Her Deals will use its reasonable endeavours to assist you in resolving issues with Providers (such as cancelled events), however, His N Her Deals will not be a party to or responsible in any way for monitoring or resolving those issues.
3. Products or services offered on the Website do not constitute an offer to sell and are to be considered only as an invitation.
4. We reserve the right to accept or reject your offer at any stage due to unavailability of Products, price or description error as well as any errors in your Order. If your His N Her Deal is cancelled due to no fault of your own, we may provide a full refund of any payment received in certain circumstances.
5. You are responsible for any error omission or cost arising from a failure or delay to provide all information necessary to enable performance of an Order.
6. Vouchers are only redeemable for the specified goods and/or service offered and shall only be available for the redemption period stated on the Voucher or Product.
7. Some Products may be of an inherently risky or dangerous nature or require specific skills or qualifications by participants. It is your sole responsibility to make your own enquires as to the suitability of the Products, the risks involved and any insurances necessary prior to purchasing or utilising the Products.
8. His N Her Deals is not responsible for any inaccuracies or errors in the information supplied by Providers or changes made to Products by Providers.
9. We are not responsible for lost or stolen Vouchers, or fraudulent use of a Voucher reference number.

8) Price

1. The prices shown are in Australian dollars and include GST where applicable.
2. Prices shown on the site are subject to change.
3. The advertised discount on all deals does not take into account the cost of the upfront service fee charged to secure the voucher for the deal listed.

9) Payment

1. All payments must be received in full prior to His N Her Deals issuing any Voucher.
2. If your payment is not received due to being declined by your bank then the Product will not be reserved for you.
3. Payments are handled by PayPal (our third party service provider) please view their website for information regarding their privacy and security policies.
4. We charge an upfront service fee that is payable in full at checkout on our website, you must pay the remaining costs shown on the voucher to the supplier upon redemption.

10) Delivery of Voucher

1. Vouchers will be made available through your account or email address.
2. We are not responsible for any damage or loss resulting from a failure of a Voucher being delivered due to a firewall or filter or where an incorrect email address has been provided.
3. Some Vouchers are governed by specific terms of delivery and costs.  In those circumstances you are bound by the terms and conditions of that Voucher.

11) Risk and Title

Risk in the Products passes to you when the Voucher is delivered to your nominated email account or when the Products are in your custody, whichever occurs first. Title in the Products passes to you when full payment is received by His N Her Deals.

12) Cancellations

1. You cannot cancel an Order unless His N Her Deals agrees to do so in writing.
2. His N Her Deals may cancel any Order in whole or in part by notice to you without any liability or claims against His N Her Deals, in circumstances which include but are not limited to following:
   1. the requested Products are not available;
   2. there is an error in the price of the description of the Product; or
   3. the Order has been placed in breach of these Terms.
3. Subject to the extent permitted by law, you have no claim against His N Her Deals for any damage, loss, cost or expense arising from cancellation of Products by the Provider.

13) Refunds

1. Vouchers cannot be exchanged for cash or credit when you change your mind or are unable to use the Voucher prior to its expiry, or if it is damaged, lost or stolen.
2. We will refund the service fee to you if we have made a mistake.
3. If you purchase a Voucher and it does not reach its activation target or the Provider has ceased operating before you receive your Voucher then you will be issued a full refund for the service fee charged.

14) Account Credits

1. Credit in your His N Her Deals account is non-transferable and may only be used only for purchases through the His N Her Deals website.
2. A credit usage limit of $10 applies to checkout on the His N Her Deals website, this limit may be changed at any stage at the discretion of the His N Her Deals Team
3. If you cease to be a His N Her Deals Member , any remaining credit in your account will be forfeited.

15) Our liability

1. Except to the extent required by law, the contents of this Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of this Website to the extent permitted by law. Where liability cannot be excluded any liability incurred by us in relation to the use of this Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
2. You agree that His N Her Deals and its officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of this Website or any other third party linked website.
3. So far as may be permitted by law, under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages  for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of this Website.
4. You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the Website.

16) Limitations of liability

1. His N Her Deals acknowledges that:
   1. under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth), certain statutory expressed and implied guarantees and warranties may be implied into these Terms (Non-Excluded Guarantees).
   2. nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
2. His N Her Deals makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. His N Her Deals’ liability in respect of these warranties is limited to the fullest extent permitted by law.
3. Subject to this clause, and so far as may be permitted by law, the liability of His N Her Deals and its employees and/or agents for a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at His N Her Deals’ option:
   1. the replacement of the Products or the supply of equivalent Products;
   2. the payment of the cost of replacing the Products or of acquiring equivalent Products;
   3. the repair of the Products; or
   4. the payment of the cost of having the Products repaired.
4. Subject to this clause and so far as may be permitted by law, if a failure of His N Her Deals to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However, His N Her Deals is not liable for loss or damage that results from a failure of His N Her Deals or the Provider to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Products left the control of His N Her Deals.
5. In circumstances where the Non-Excluded Guarantees do not apply, His N Her Deals, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of His N Her Deals, its employees and/or agents or the Provider.
6. Subject to this, you acknowledge that you do not rely on the skill or judgment of His N Her Deals when deciding whether or not the Products are fit for any particular purpose.

17) Comments

1. You may provide information, comments, feedback, ideas or suggestions through our Website (Comments). By uploading, transmitting, posting or otherwise making available any Comments you:
   1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Comments for any commercial or non-commercial purpose;
   2. warrant that in providing your Comments will not have breached any laws or regulations or these Terms; and
   3. you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Comments.
2. We reserve the right (but have no obligation) to:
   1. prevent the upload, transmission, posting or otherwise making available any Comment from a user of the Website or any His N Her Deals services;
   2. review, modify, reformat, reject or remove any Comments uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
   3. monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.
3. You agree to accept full responsibility for any Comment you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Comment uploaded, posted, transmitted or otherwise made available on the Website.
4. By allowing you to upload, post, transmit or otherwise make available your Comments on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.

18) Links to third party websites:

1. This Website contains links to third party websites. The goods and services advertised for sale on this Website are largely the goods and services of third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.
2. Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services. We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked websites and third party websites.
3. You must make your own enquires as to the suitability of the content of third party websites and the goods and services available for sale on them.
4. Third party websites may be governed by their own terms and conditions (including a different privacy policy), which will apply to your use and acquisition of products from third party websites.  We strongly recommend that you read their terms and conditions.

19) Indemnity

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.

20) Intellectual property:

1. This Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things. You should assume that intellectual property on this Website is owned by His N Her Deals or third parties.
2. Unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of intellectual property relating to our Website in whole or in part without our prior written consent.

21) Privacy

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the following link: Privacy Policy.

22) Complaints or issues:

We have no liability for acts, omissions, defaults or negligence resulting from a third party or supplier. Where our liability cannot be excluded our liability is limited to the value of the Voucher purchased. Please contact us via the “Support” section of the His N Her Deals website if you require assistance.

23) General provisions:

1. These Terms are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on this Website including without limitation our “Social Media House Rules” available here and must be interpreted accordingly.
2. These terms may be varied from time to time and without notice to you. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Website after a variation to the terms has been posted.
3. If any part of these terms are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of these terms shall continue in full force and effect.
4. No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.
5. Information on this site is provided for Australian residents only.
6. The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

© This User Agreement is the property of www.hisnherdeals.com.au (ABN 58 004 302 346) and may not be copied or used with our expressed permission.