TERMS AND CONDITIONS OF USE

1
About the Business

1.1
Especials(ABN62 643 587 088)(the Business) provides information about various promotions and specials for products and services supplied by third-party (the Services). Details of the Services are found on our website https://specials.net.au/ (the Website).

2
Acceptance of these Terms

2.1
You accept these terms and conditions (the Terms) by using the Website and/ or any of its Services or by accepting the Terms by clicking the “I Accept” Option, if any, in the user interface of the Website.By using the Website and/ or the Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

2.2
You may not use the Services and may not accept the Terms if:

(a)
you are not a resident of Australia; or
(b)
you are not of legal age to form a binding contract with the Business;
or

 

(c)
you are a person barred from receiving the Services under the laws of Australia.

2.3
By using the Services, you acknowledge and understand that the Business does not supply you with any of the featured products and services on the Website (the Third-Party Services), and that the featured Third-Party Services may no longer  be available.

2.4
The Business reserves the right to reviewand change any of the Terms by updating this page at its sole discretion. When the Business updates the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

3
Privacy Policy

In addition to the Terms, the use of the Website and the Services is subject to the terms of the Business’s Privacy Policy, which is available at https://specials.net.au/privacy-policy/.
By continuing to use the Website and the Services you warrant that you have read and understood the Business’s Privacy Policy.

4
Website Content
4.1
You may read and copy the information on the Website for your own needs, but you may not publish, resell or sub-licence it. The Business makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on the Website.
5
Third Party Website
5.1
The Businessprovides links to a number ofThird-Party Services on third-party websites that are controlled by parties other than the Business (each a Third-Party Website).

5.2
The Business is not responsible for, does not endorse and is not responsible for the availability, contentsor use of any Third-Party Website, the availability of any deals on any Third-Party Website, or any code, material information or website accessed from a Third Party Website or any changes or updates to such sites. The Business makes no guarantees about the promotions, specials, content or quality of the products or services provided by such sites. If you have purchased any product or services from the Third-Party Website, the third-party may contact you by email and/or phone with the relevant information, including delivery and instructions on use, and to keep you informed of their services. You may be required to accept additional terms located on the Third-Party Website

 

6
The Services

6.1
By using the Website and/ or the Services, you acknowledge and understand that :

(b)
theBusinessis not a manufacturer or supplier or reseller or the provider of the Third-Party Services on the Website;
(c)
the Business offers the Services based on the information and the data provided by third-parties;
(b)
the Business does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the quality of the Third-Party Services;
(c)
the Business will not, expressly or otherwise, confirm or certify the completeness or correctness of any information provided in relation to the Services;
(d)
it is your responsibility to satisfy yourself as to:

(i)
accuracy of the information provided by third-party before purchasing any featuredproducts or services on the Website;
(ii)
any Third-Party Website terms and condition, privacy policy, warranties or representations regarding the relevant products and services advertised on the Website; and
(iii)
the compliance with all applicable legal and regulatory provisions in relation to the Services;

(e)
you shall remain solely responsible for assessing the commercial implications and risks of a purchase of the Third-Party Services; and
(f)
these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

3
Copyright and Intellectual Property

3.1
The Website, the Services and all of the related advertising material for the products and servicesbythe Business are subject to intellectual property rights (the Material).Unless otherwise indicated, all Material and rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the Content) are owned or controlled for these purposes, and are reserved by the Business or its contributors.

3.2
Whilst using the Services, the Business grants you a worldwide, non-exclusive, royalty-free, revocable licence during these Terms to:

(a)
download the Material and the Content;
(b)
use the Material and Content;
(c)
copy and store the Material and Content; and
(d)
print pages from the Website,

provided, this is for your personal use.


3.3
The Business does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by the Business.

3.4
You may not, without the prior written consent of the Business and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.

4
General Disclaimer

4.1
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

(a)
If you are not a Consumer (under the Australian Consumer Law), you agree that the Business has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website and the Services.
(b)
If you are a Consumer (under the Australian Consumer Law), the Businesslimits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c)
Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, The Business’s liability to you is limited to resupply of the Services or payment of the cost of re-supplying the Services.

4.2
Subject to this clause and to the extent permitted by law:

(a)
The Business excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b)
The Business will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Services or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, in equity, pursuant to statute, or otherwise.

5
Limitations of Liability

5.1
You expressly understand and agree that the Business

(a)
will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages, arising out of or in connection with the Website, Services or the Terms, which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss;
(b)
does not endorse any Third-Party Website or its content. You must verify the accuracy of all such information on your own before undertaking any reliance on such information.
(c)
is not responsible for any delays, defects, or variations which occur in relation to the products and services offered by the Third-Party Website; and

6
Indemnity

6.1
You agree to indemnify the Businessfrom and againstall actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

(a)
your breach of Terms; or
(b)
any direct or indirect consequences of you accessing or using the Website, the Services or any Third-Party Services,or attempts to do so.

6.2
This indemnity will survive termination of the Terms.

7
Termination of Services

7.1
The Business may at any time, terminate the Terms with you if:

(a)
you have breached any provision of the Terms or intend to breach any provision;
(b)
the Business is required to do so by law;
(c)
the Business is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service;
(d)
if you have used the Services:

(i)
in breach of any law;
(ii)
in a way that is misleading or deceptive;
(iii)
in a way which is unreasonable as determined by the Business at its absolute discretion; or
(iv)
in a manner which can or does bring the Business into disrepute or could damage the Business’s reputation as determined by the Business at its absolute discretion.

7.2
Subject to local applicable laws, the Business reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice for any reason, including if you breach any provision of the Terms or any applicable law or if your conduct damagesthe Business’s name or reputation or violates the rights of those of another party.

7.3
When the Terms are terminated with you, all of the legal rights, obligations and liabilities that you and the Business have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8
Governing Law and Jurisdiction

The Services offered by the Businessare intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts situated in Queensland in respect of all matters arising out of or relating to these Terms, the Website, the Services and their performance.


9
Severance

If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force


10
Waiver

10.1
A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.

10.2
A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

10.3
The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

11
Assignment

11.1
The Businessmay assign or transfer its rights or obligations under the Terms without your consent.

11.2
You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Business. A purported assignment without written consent will be deemed to be void and convey no rights