Terms and Conditions of Subscription to LSB Deal Club
1. Definitions
1.1 In these terms and conditions the following terms have the meanings specified:
a. Deal means an opportunity for Subscribers to purchase a product or service from a Deal Merchant on certain terms and conditions which is only available to Subscribers where they purchase a Voucher through this Site.
b. Deal Period means a period commencing at 12.00.00 noon on a Friday and ending at 11.59.59 a.m. on the following Friday or such other period of time as we determine from time to time at our absolute discretion.
c. Site means all parts of the website www.lsbdealclub.co.nz known as the LSB Deal Club that relate to the advertisement of Deals and sale of Vouchers and which are only accessible by Subscribers.
d. Subscriber means a person who subscribes to the Site in accordance with clause 3.1 of these Terms and Conditions.
e. Subscription means the access granted to a Subscriber to the Site (by the act of logging on to the Site with a valid user name and password), including being able to view full details of Deals and purchase Vouchers.
f. Subscription Fee means, for the time being, $25.00 (including GST) per annum.
g. Terms and Conditions means these Terms and Conditions of Subscription to LSB Deal Club, as amended from time to time.
h. Voucher means, in relation to a Deal, a document purchased by a Subscriber from LSB as agent for the Deal Merchant at the price specified in the Deal and which entitles the Subscriber to purchase the product(s) or service(s) that was the subject of the Deal from the Deal Merchant on certain terms and conditions.
i. We or us means LSB Limited.
2. Introduction
2.1 Access to and use of the Site is provided subject to these Terms and Conditions. By using and/or accessing the Site you agree to be bound by these Terms and Conditions.
2.2 We may amend these Terms and Conditions at any time, and from time to time, without notice to you. If we amend these Terms and Conditions we will place a copy of the updated Terms and Conditions on the Site. If you continue to access and/or use the Site after these Terms and Conditions have been amended, you agree to be bound by the amended Terms and Conditions.
3. Subscribers
3.1 To view full details of Deals advertised on the Site and to be able to purchase Vouchers you must first subscribe to the Site. To subscribe to the Site you must:
a. be located and resident in New Zealand;
b. be at least 18 years of age;
c. provide us with certain information about yourself which we from time to time consider necessary or desirable (in our sole discretion); and
d. pay the Subscription Fee to us in a manner acceptable to us (at our absolute discretion).
3.2 The information that you provide to us when you become a Subscriber as well as any other personal information you provide us is subject to our privacy policy, located .
3.3 By becoming a Subscriber and providing us with personal information, you confirm that the personal information is current, complete and accurate. You agree (for so long as you remain a Subscriber) to let us know when this personal information changes so that we have accurate records. We accept no responsibility or liability should the information we have about you be incorrect, inaccurate or out of date. We are entitled to rely upon the information that you have provided to us as being correct.
3.4 The term of Subscription is one calendar year, commencing from the date that your Subscription first commences (as confirmed by us to you (“Commencement Date”)) and ending on the date that is one calendar year after the Commencement Date. You may renew your Subscription for a further term of a year by paying a further Subscription Fee. You may cancel your subscription at any time but if you do so you are not entitled to receive any refund of the Subscription Fee.
3.5 We reserve the right to cancel any Subscriber’s Subscription at our complete discretion, at any time, without reason and without notice. If we cancel your Subscription we will refund a portion of your Subscription Fee in a manner that we consider appropriate (at our absolute discretion), including, without limitation, by crediting the credit card that was used to pay the Subscription Fee. The amount of the Subscription Fee refunded will be pro rata in proportion to the number of days remaining in the term of your Subscription compared to the number of days in a year. However, notwithstanding the forgoing, we reserve the right not to provide any refund of your Subscription Fee where we cancel your Subscription if we consider (at our sole discretion) that you have breached these Terms and Conditions or some other agreement with us or where we consider (at our complete discretion) that your conduct (or the conduct of the person using your Subscription) is inappropriate.
3.6 As part of the Subscription process, you will be provided with a user name and password to access the Site. You must not disclose your username or password to any other person and may not allow any other person to access or use the Site using your username and password. Any instruction issued to us using your username and password (such as where a Voucher is purchased) will be deemed to be an instruction by you which we may rely on. We accept no liability to you should you forget your user name and password or where someone accesses the Site using your user name and password. You indemnify us and hold us harmless from any liability that arises from the reliance by us upon any instruction received under your Subscription account.
3.7 You authorise us to send emails to you advertising upcoming or current Deals, confirming Voucher purchases, providing news about the Site and such other matters that we consider necessary or desirable in relation to your Subscription. You may opt out of receiving all emails from us (except for emails generated by your use of, or actions on, the Site) by clicking on the unsubscribe link in the email or in such other manner as we may permit.
3.8 We may make changes or updates to the Site at any time without any limitation whatsoever.
3.9 We do not provide any warranty as to the operation of the service available under the Site nor that such services will be uninterrupted or error free.
4. Status
4.1 We only transmit advertisements for Deals that have been supplied by Deal Merchants and provide facilities to Subscribers to purchase Vouchers. The Deal Merchant is the supplier of both the products and services advertised in a Deal as well as the Vouchers (we act as the Deal Merchant’s agent in selling the Vouchers). Accordingly, the Deal Merchant is solely responsible for redeeming Vouchers. We are not a principal party to either the sale of Vouchers or the supply of products or services advertised in a Deal.
4.2 These Terms and Conditions do not exclude any rights that you have under the Consumer Guarantees Act 1993, but only to the extent that such rights cannot legally be excluded, restricted or reduced. Without limitation to the generality of the foregoing, your rights under the Consumer Guarantees Act 1993 are excluded where you acquire a Voucher from us for business purposes.
4.3 You agree that the following apply in relation to your access and use of the Site:
a. We make no representation or warranty about any product or service which is the subject of a Deal or the accuracy of the content of any Deal advertisements (all information and material relating to a Deal advertised on or through the Site has been provided by Deal Merchants and is merely transmitted by us). We have not independently verified any of that information or material.
b. We do not in any way endorse any products or services which are the subject of Deals.
c. You must satisfy yourself as to whether any particular product or service which is the subject of a Deal is appropriate for you and meets your needs before you purchase a Voucher.
d. No refunds or replacements are provided for Vouchers in any circumstances except where required by operation of the law or as expressly stated in these Terms and Conditions. We exclude, to the maximum extent permitted by law, any obligation or liability to provide a refund or replacement to you for a Voucher.
5. Deals
5.1 Subscribers are able to view full details of advertised Deals and purchase Vouchers only when logged onto the Site using their correct user name and password.
5.2 Deals advertised on the Site may be subject to various conditions. Such conditions may include (without limitation):
a. a minimum number of Vouchers that must be purchased before the relevant Deal is binding on the Deal Merchant;
b. a maximum number of Vouchers that can be purchased by all Subscribers in relation to one Deal; and
c. a maximum number of Vouchers that one Subscriber can purchase in relation to one Deal.
5.3 We reserve the right to, and you agree that we may, at any time, and without notice, vary or revoke any Deal. For the avoidance of doubt, and without limitation, we may vary or revoke a Deal at any time during the Deal Period for that Deal even if Subscribers have purchased Vouchers in relation to the Deal prior to the time that we decide to vary or revoke the Deal. Vouchers purchased by Subscribers before a Deal is varied or revoked will not be affected by the variation to or revocation of the Deal.
5.4 The number of Deals that are advertised on the Site (and, in respect of which, you will be able to purchase Vouchers) is completely dependent on the numbers and types of proposed deals that Deal Merchants submit to us for consideration. Accordingly, we make no representation, promise or guarantee as to the number or type of Deals that you will have access to during the term of your Subscription.
6. Vouchers
6.1 If you wish to make an order for a Voucher in relation to a particular Deal, you must follow the prompts on the Site (which we may at our complete discretion change from time to time), provide all details and confirmations that we may require (which we may at our complete discretion change from time to time) and make payment for the Voucher in a manner acceptable to us (at our absolute discretion).
6.2 Once you have submitted an order for a Voucher, that order is irrevocable by you. We reserve the right in respect of all Deals to decline to accept any order for a Voucher where we consider it is necessary to do so in order to avoid us breaching the law, an agreement with you or another person or where it is necessary to protect the integrity of this Site or to avoid a material malfunction to or failure of the Site.
6.3 Once your purchase of a Voucher has been confirmed, we have received your payment for the Voucher and, if applicable, the Deal has become binding on the Deal Merchant, we will send an email to your nominated email account which contains the Voucher as a pdf attachment. We are not required to send a Voucher to you in any other manner or format. You will need to provide your own access to your email account, pdf viewing software and a printer in order to print a physical copy of the Voucher (you may be required to present a physical copy of the Voucher to the relevant Deal Merchant in order to have it redeemed). In certain circumstances you may be able to redeem a Voucher by quoting the unique identification number specified in the Voucher, however, we make no promise that you will be able to do so.
6.4 You acknowledge that the terms and conditions of use for all Vouchers include those specified in the relevant Deal advertisement as well as the following:
a. Vouchers are not valid in conjunction with any other deals, promotions, discounts, vouchers or coupons unless otherwise stated in the relevant Deal advertisement.
b. Vouchers are not transferable and may only be redeemed for the Deal specified in the Voucher.
c. Vouchers may only be redeemed once and are not redeemable incrementally.
d. All Vouchers have an expiry date after which they become null and void and cease to be valid. Neither we nor the Deal Merchant is required, or liable, to accept, redeem, replace or refund expired Vouchers.
e. You may only redeem a Voucher with the Deal Merchant specified in the Deal Advertisement.
f. You are solely responsible for a Voucher from the time at which we initially email it to your nominated email address. Neither we nor the Deal Merchant is or will be in any way responsible of liable to you if your Voucher is lost, stolen, destroyed or used without your permission or as a result of a Voucher being blocked by email filters or fire walls, or where your nominated email address is incorrect.
g. Where you obtain products or services from a Deal Merchant by redeeming a Voucher, your ability to exchange, return or obtain a refund or replacement for such product or service will be subject to the Deal Merchant’s terms of trade and your rights at law.
h. If a Voucher is redeemed for less than its face value then no change or refund will be given.
i. Deal Merchants may require identification acceptable to them to make sure that the person redeeming the Voucher is the same person named in the Voucher. However, neither we nor the Deal Merchant accept any liability to you should it eventuate that a person other than you redeems the Voucher.
6.5 In certain circumstances we may refund Voucher purchases. We will only be required to refund an unexpired Voucher if:
a. you have attempted to redeem the Voucher and were unable to do so as a result of:
i. the relevant Deal Merchant ceasing trading, becoming insolvent or going out of business;
ii. the Deal Merchant refusing to redeem the Voucher due to an error made by us (i.e. an error that we have made in advertising the Deal or in generating the Voucher); or
iii. the relevant product or service that was the subject of the relevant Deal not being available from the Deal Merchant (i.e. the product has been sold out and is no longer stocked by the Deal Merchant); or
b. we make a mistake or error in advertising a Deal which we reasonably consider may have materially affected your decision to purchase the Voucher and provided that the Voucher has not been redeemed.
However, we may, at our complete discretion, elect to refund Vouchers in other circumstances. In any event, you will need to notify us in writing if you would like us to consider a refund, and provide us with such details as we may require.
7. Intellectual Property
7.1 Unless otherwise expressly stated in writing, the information and material on the Site (“Site Material”) is subject to copyright and other intellectual property rights and is owned by us, Deal Merchants or various third parties. You may use the Site Material for your own personal, non-commercial use by downloading it to your computer and transmitting the Site Material to third parties for the purposes of notifying such third parties about the Deals advertised on the Site. You may not otherwise use the Site Material in any other way without our permission. You do not acquire any right, title, interest, or licence in or to any of the Site Material by becoming a Subscriber or by us allowing you to access and view the Site Material.
8. Limitation of liability and indemnity
8.1 Subject to clause 6.5, to the maximum extent permitted by law we exclude all liability or responsibility that we have to you (“Liability Exclusion”). You agree that the Liability Exclusion applies:
a. regardless of how any liability you suffer arises (whether in contract, tort, negligence, equity, breach of statutory duty or otherwise); and
b. in respect of any type of liability you suffer (whether direct, indirect, consequential, loss of profits, goodwill, use, data or other intangible losses); and
c. despite you advising us of the possibility of any such liability.
8.2 You agree to indemnify and hold us harmless (as well as our directors, officers and employees) against any claim, cost, expense or liability that we incur (including, without limitation, legal costs on a solicitor and own client basis) as a result of your breach of the Terms and Conditions or your violation of any law or rights of a third party.
9. Other
9.1 Unless otherwise expressly stated:
a. all prices on the Site and in these Terms and Conditions include GST and are in New Zealand dollars; and
b. all times and dates on the Site and in these Terms and Conditions are New Zealand times and dates.
9.2 These Terms and Conditions are governed by the laws of New Zealand. You may take legal action against us only in a New Zealand court or tribunal. You may not take any legal action in a New Zealand court or tribunal until you have notified us in writing of all relevant details of your claim and given us 30 days to resolve your claim with you.
9.3 You must not transfer or assign your rights or obligations under these Terms and Conditions in any circumstances.
9.4 The failure or delay by us in requiring you to perform any obligation under these Terms and Conditions or the exercising by us of any right under these Terms and Conditions will not operate as a waiver by us of those matters.
9.5 If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be deemed to be severed from the Terms and Conditions, which shall otherwise continue in full force and effect.
9.6 These Terms and Conditions supersede all previous agreements, representations and warranties whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.