This is an agreement between you ("you" or "your") and Jack Media Pty Ltd ("JackMedia.com," VouchersIn.com.au, AllTheSales, "we," or "our") that governs your use of the VouchersIn website ("website" or "Site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").
1. Intellectual Property
We provide the information, content or advertisements ( "Materials") on the AllTheSales personal, non-commercial use only You may view, use, copy, and distribute the Materials found on AllTheSales Site for personal, non-commercial use only.
You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the AllTheSales Site. You may not use the AllTheSales Site to compile a collection of listings, including a competing listing product or service.
The AllTheSales company name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from AllTheSales Pty Ltd. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the material being copied. You are not authorized to use any AllTheSales name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of AllTheSales.
2. Disclaimers
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials contained on, distributed through, or linked, downloaded or accessed from the AllTheSales Site.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the AllTheSales Site (the "Products").
AllTheSales communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties.
AllTheSales has no control over the accuracy of such information on our pages, and material on the AllTheSales Site may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion.
Whilst we endeavour to ensure all listings are correct we do not guarantee the accuracy of prices and information. The correct information is the shown on the site offering the deal. We recommend double checking all details of the deal before completing the purchase.
We will endeavour to update information listed on the Site on a timely basis, but shall not be liable for any delays. Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by AllTheSales or its affiliates.
AllTheSales does not make any representations regarding the availability and performance of its Site or any of the Site to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by AllTheSales. AllTheSales and its affiliates are not responsible for the content, functionality, or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship. Some external links may produce information that some people find objectionable, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Site. We do not fully screen or investigate business listing Site before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
Any use of the AllTheSales Site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. AllTheSales disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the AllTheSales results. The Site (including materials and information therein) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. AllTheSales disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the Site and materials. AllTheSales does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
AllTheSales disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the Site. Limitation of liability: in no event shall AllTheSales be liable to any user on account of such user's use, misuse or reliance on the Site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if AllTheSales are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Site, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site. AllTheSales does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information,, product or process disclosed on the Site or other material accessible from the Site The user of this Site assumes all responsibility and risk for the use of this Site and the internet generally. The foregoing limitations shall notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
3. Third Party Sites
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources.
3. Identification
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
4. Miscellaneous
The laws of the State of New South Wales and the Commonwealth of Australia govern this site. This site may be accessed throughout Australia and overseas.
AllTheSales makes no representations or warranties that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and AllTheSales.
AllTheSales reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. AllTheSales reserves the right to seek all remedies available at law and in equity for violations of these Terms. We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.
This document was last updated on April 16, 2013
This Privacy Policy governs the manner in which Jack Media Pty Ltd (Jack Media, We or Us) collects, uses, maintains and discloses information collected from users (each, a "User" or You) of this website ("Site"). This Privacy Policy applies to the Site and all products and services offered by Jack Media.
We will not use your email address inappropriately. You may unsubscribe at any time!
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site, register on the Site, place an order, subscribe to a newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for name, email address and other details as appropriate depending on how you use the Site. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. The User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You may choose to set your web browser to refuse cookies, or to alert You when cookies are being sent. If You do so, note that some parts of the Site may not function properly.
Information sharing and disclosure
We may share aggregated non-personal information with third parties outside of Jack Media. We will not share personally identifiable information with third parties without your express consent in the form of an opt in tick box. For example, we may disclose how frequently the Users visit the Site on average or other demographic details about the membership database. We will release specific personal information about You if required to do so:
Jack Media Pty Ltd reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Jack Media Pty Ltd or substantially all of its assets to that successor in interest.
How we protect Your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on our Site.
Third party websites and trademarks
Users may find advertising or other content on our Site and emails that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these third-party websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link from our Site, is subject to that website's own terms and policies. Jack Media is not affiliated with, sponsored by or endorsed by any of the third-party products or retailers mentioned on the Site. Trademarks, service marks and logos (including, without limitation, the individual names of products and retailers) are the property of their respective owners.
Confidentiality and security
How we use collected information
We collect and use Users personal information for the following purposes:
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send You an online advertisement to compile non-personal identification information about You or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy does not cover the use of cookies by any advertisers.
Google Adsense
Some of the ads may be served by Google. Google's use of the Dynamic Advertising Reporting & Targeting (DART) cookie enables it to serve ads to Users based on their visit to our Site and other websites on the Internet. DART uses non-personally identifiable information and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/policies/technologies/ads/
Your acceptance
By using this Site, You signify your acceptance of this Privacy Policy and our Terms of Service. If You do not agree, please do not use our Site. We may update this Privacy Policy from time to time by publishing a new version on the Site. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy or your dealings with this Site, or if you wish to access or correct any information that We hold about You or make a complaint about how We handle personal information, please contact us at:
Jack Media Pty Ltd
1A/75 Jonson Street, Byron Bay NSW 2481
james (at) jackmedia.com.au
We will endeavour to respond to your query within 2 business days.
This document was last updated on 11 March 2014.
HOW TO ENTER
To enter and automatically receive one (1) entry into the prize draw, individuals must visit any of the following websites: www.fashion.com.au; www.allthesales.com.au; cosmetics.com.au; follow the prompts to the competition entry page, complete the registration form, agreeing to receive marketing communications from Jack Media Pty Ltd, submit the fully completed entry form and confirm their email address, during the Promotional Period (01/03/2014 20/02/2015).
Eligible Entrants that complete the registration form will be deemed Active Subscribers. Eligible Entrants must continue to be Active Subscribers and must not Unsubscribe during the Promotion Period in order remain as an Eligible Entrant. Eligible Entrants agree to receive further marketing communications from Jack Media Pty Ltd upon entering. Cookies are required to login to the related User Section, if available.
TERMS AND CONDITIONS
Any ancillary costs associated with redeeming any of the above prizes are not included. Any unused balance of any gift voucher will not be awarded as cash. Redemption of a gift voucher is subject to any terms and conditions of the issuer, including those specified on the gift voucher.
The Promoter is Jack Media Pty Ltd (ABN 531 517 336 21).
Will Jack Media Pty Ltd release my personal information to third parties? Data is used only for the purpose of providing relevant marketing material to subscribers and will only be disclosed to Jack Media Pty Ltd staff and agents for that purpose. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from.
Except as otherwise described, Jack Media Pty Ltd will not disclose personal information to any third party unless we believe that disclosure is necessary:
(1) adhere to legal requirements, or to respond to a subpoena, search warrant or other legal process received by Jack Media Pty Ltd, whether or not a response is required by applicable law;
(2) to enforce Jack Media Pty Ltd Terms & Conditions or to protect its rights; or
(3) to protect the safety of members of the public and users of the service. Jack Media Pty Ltd reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Jack Media Pty Ltd or substantially all of its assets to that successor in interest.
By responding to a question or offer, you expressly consent for that named organization or preferred supplier to contact you by mail, phone or email to send offers and promote services based on your preferences.
GENERAL PROVISIONS
These Terms and Conditions will be governed by and construed in accordance with the laws of Australia as contracts entered into in that country, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.
No Waiver
These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Jack Media Pty Ltd of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors & Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Jack Media Pty Ltd reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Jack Media Pty Ltd does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. JACK MEDIA PTY LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. JACK MEDIA PTY LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY JACK MEDIA PTY LTD, AND THE CONTENT.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. JACK MEDIA PTY LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. JACK MEDIA PTY LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY JACK MEDIA PTY LTD, AND THE CONTENT.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, JACK MEDIA PTY LTD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL JACK MEDIA PTY LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF JACK MEDIA PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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