Term Of Use
This document (“Agreement”) sets out the terms and conditions for the use of the eMembercard Website and the Services we offer. In this Agreement, words with the first letter in capital are defined at the end of this Agreement and words in any gender shall include all other genders and corporations and words of singular number shall include words of plural number.
- eMembercard, among other things, provide a platform consisting of this Site, mobile applications and other medium.) where we, including our local affiliates and other sellers ("Seller") can list offers for goods, travel deals , services and other products with or without the use of vouchers, ("Items"). As a platform provider, we facilitate transactions for the sale and purchase of Items promoted on our platform. The platform is in effect, a venue for Sellers of Items and you, the purchaser to negotiate and complete the buying and selling transactions. However, we may also be a Seller of Items rather than a facilitator of the selling and buying activities. We also provide a forum for you to submit or post your comments and we will use the forum as a means of disseminating newsletters and communicate directly with you.
- When eMembercard is a Seller : As eMembercard is not a manufacturer or supplier (Supplier) of Items on offer, the Supplier will have its own terms and conditions for the sale of the Items offered through eMembercard and you as the purchaser will be required to enter into a contractual relationship with the Supplier apart from having a contractural relationship with eMembercard . The Supplier is alone responsible for the Items sold and will alone be answerable to any claims or problems arising out of or in connection with the Items supplied in accordance with ther terms of the contract between you and the Supplier.
- Purchases using a Voucher : In addition to the terms of sale in any contract with eMembercard, you will also have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Items when you redeem your Voucher with that business (the "Merchant"). In respect of any Vouchers, neither eMembercard nor any Seller assumes any responsibility for any claims arising from your redemption of your Voucher with a Merchant.
- Collection of personal details: When communicating with you, we will need to collect your full personal details and such personal data collection will be kept strictly confidential unless it’s regarded as in the public domain. Details of our data collecfion practice is provided in our Privacy Statement.
- Usage Limitations: The Site and our Services are for your personal use only and must not on sale for commercial gains except as otherwise preapproved by eMembercard in writing. Our Site may only be accessed through the use of our app, standard web search engines, mobile browsers and similar consumer applications, but must not by the use of robot, spider, offline reader, site search/retrieval applications or any other means, devices, tool, or process to retrieve information from our Site via any means. The exception is that by operators of public search engines, spiders may be allowed to copy materials from the Site but only to the extent required for creating publicly available and searchable indices of the materials which must not be held in caches or archives.
- Use stoppage: We reserve the right to stop you from using the Site and any of our services in part or in whole at any time we deem necessary.
- You will need to regiser with eMembercard for certain usages offered on our Site. Registration is always required in order to open an Account to make a purchase as this will allow you access to print Vouchers, access your past records of purchases and recording credits and preferences. Registration may be revoked at our sole discretion. eMembercard will use email to inform you your account activity, records of purchases made, promotional materials and updating Site and Services.
- To register with eMembercard, you will need to provide us your full name and address, date of birth, a valid email address, your password, contact phone number and any alias you may wish to use on our Register. Please note that your privacy is our main concern and we will do our upmost to maintain the privacy of information provided to us. However, please note that you must notify eMembercard of any unauthorized use of your password and eMembercard will not be held liable for any unauthorized use of your password as a result of your own negligence .
- As an Account holder, you can, provided you are the creator or you have the authority to do so, submit your opinions, reviews, discussions, photos, videos, sound recordings and files , (“Member’s Say”) and make available to other eMembercard members or the public through the use of our Site. In doing so, you warrant that the material submitted will not violate any copyrights or any intellectual property rights of others. You must yourself be held accountable for any materials published on our Site. eMembercard shall not be held responsible nor liable for any infringements by you of any intellectual properties of third parties and you warrant herein to indemnify eMembercard for any loss, claims or suits for any misuse or unauthorized use of third parties’ intellectural properties and or losses and damages suffered by any person who had relied on your materials published on the Site.
- eMembercard has the overriding right and at its sole discretion but not obliged, to deal with Member’s Say any way it deems fit and shall not as a result, be held responsible or liable for claims of any nature you msy make.
- You hereby agree that eMembercard shall have the unfettered use and absolute ownership of all materials published by you as Member’s Say on the Site.
- eMembercard reserves the exclusive right to terminate your use of the Site if copyrights infringement is suspected. Rightful owner of any material protected by copyright may report to eMembercard of any infringement found on the Site and eMembercard will deal with it using the applicable laws.
- eMembercard reserves the exclusive right to accept, reject or use unsolicited suggestions and materials relating to eMembercard’s various services and products. eMembercard is under no obligation to review and retain any such unsolicited materials but in the event eMembercard makes use of such suggestions and materials, such use will not be acknowledged and that you will not be compensated. The copyright or the intellectual property of such suggestions and materials if used by eMembercard are deemed to have passed to eMembercard.
- eMembercard will always carry out our oblications to serve you with care and skill as reasonably expected of us. eMembercard will only be responsible for losses suffered by you as a result of our negligence, fraud or other misconduct on our part but you too have an obligation to take steps to minimize loss or damages in the event. Our responsibility and liabilities in the above events will not include, whether consequential, directly or indirectly, your loss of income, actual or expected profits and loss of business.
- You, as our customer, an Account holder and a registered member of eMembercard, warrant that all your personal information provided on registration with eMembercards are complete and accurate. You must notify us promptly to correct any errors found.
- It is your responsibility alone to satisfy yourself with the information given over the Site whether the information meets or does not meet your requirements. eMembercard shall not be held for any errors or omissions in the information provided.
- As a customer, an Account holder and a member of eMembercard, you must not, through the use of the Site: (i) permit anyone other than yourself to use our Services or access the Site with or without your authorization. (ii) disseminate or communicate any vulgar, offensive, and unlawful materials. (iii) infringe on the rights of others including but not limited to libels, defamatory remarks, divulging personal or trade secrets, infringing on patents, copyrights and intellectual properties. (iv) disseminate or install harmful or malicious softwares that would cause system malfunction and damages to the Site or other users of the Site or by hacking into our Site system. (v) to perpetrate a fraud, or use the Site for a purpose other than is intended or authorised. Breach of any of the above entitles eMembercard to immediately suspend or terminate this Agreement, terminate the use of the Service and Site and eMembercard will enlist the help of the law if there is reasonable ground to believe that the law has been broken. In any event, eMembercard reserves the right to suspend or terminate the Service and access to the Site to any Account holder or member, at any time it so wish without prior warning or to provide any reason for doing so. Our right to terminate this Agreement and suspend or terminate the Service and access to the Site shall not prejudice any other right or remedy we may have against the Account holder or member.
- eMembercard hereby gives notice that advertisements other than eMembercard’s own, may appear on the Site and you have an option to accept or reject the placement of a unique “cookie” relating to that advertiser on your browser.
- Web links to third party websites may be provided on the Site for the convenience of the Account holder. eMembercard assumes no responsibility for your use of these websites the access of which is entirely at your own risks.
- All information and materials appearing on the Site are protected by copyright laws and laws relating to the protection of intellectural properties. Any unauthorized reproduction, copying, transferring of such contents in whole or in part will be prosecuted.
In this Agreement:
(i) the word “person” shall include natural person or persons, partnerships, limited liability partnerships,
bodies corporate and unincorporated associations of persons; words of singular shall shall include the plural
number and vice versa, any gender referred to shall include all other genders.
(ii) no partnership/agency/joint venture relationship can be construed to have been created between you and eMembercard.
(iv) unless otherwise expressly stated, the terms herein exclude all other terms implied or otherwise, by law in so far as it is permitted by law to be excluded.
(v) Account holders may not without the expressed consent from eMembercard assign or delegate or part with the rights and obligations to another person under this Agreement. eMembercard shall have the unfettered right to assign, delegate all or part of its rights and obligations under this Agreement to any third party it so chooses.
(vi) eMembercard shall not be held responsible or liable to any loss suffered by Account holders if eMembercard is prevented from carrying out its obligation under this Agreement by reason of unforeseen circumstances or factors beyond its reasonable control.
(vii) in the event eMembercard did not take any remedial actions against you for any breach or default of any terms of this Agreement, this does not operate as a waiver by eMembercard. Granting of time, forbearance or indulgence by eMembercard shall not be construed as having released, discharged or otherwise diminishes your liability towards eMembercard under this Agreement.
- You or eMembercard can give notice to one another but it must be in writing and be delivered by the following methods: by pre-paid post, by fax, by email or by hand delivery to your address provided by you or to our registered address.
- Terms in this Agreement are applicable to eMembercard and third party content providers who may or may not have their own terms and conditions of sale. Each of these third parties shall have the right to assert and enforce the terms of this Agreement directly or on its own behalf except when the terms of this Agreement had subsequently been varied or cancelled without the consent of those parties. Except as aforesaid, you and eMembercard are the only parties who has the right to enforce the terms of this Agreement.
- Any terms in this Agreement, if held to be unenforceable, invalid and not compatible with the prevailing laws, that term may be severed in so far as the remaining terms remain effective.
- Where applicable, terms in this Agreement shall enure after termination of this Agreement.
- This Agreement shall be governed by and construed under the laws of Australia.
Further definitions of terms used in this Agreement:
(i) Account – an account you opened with eMembercard by registration with eMembercard; Account holder has
the same meaning as “you”
(ii) Merchant - has the same meaning as a Seller of Products for which a Voucher can be redeemed. A Merchant is neither the Seller nor us, eMembercard.
(iii) Site means the website of eMembercard and/or other area-specific websites that link to or reference to this Agreement.
(iv) Services shall mean all or any of the services provided by EMembercard via the Site or through other electronic means or communication from EMembercard, including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site.
(v) Voucher is an instrument in paper form and is sold by the Sellers for the purpose of enabling the purchaser to exchange for goods offered by a Merchant subject to the terms and conditions accompanied by the Voucher itself or in the contract for the deal.
Term Of Sale
General Terms and Definitions
1.1 These Terms of Sale apply to every voucher and membership you have purchased as a member (“Member”) of eMembercard.
1.2 eMembercard means EMEMBERCARD PTY LTD (ACN 611 444 654)), a company incorporated under the Corporations Laws of NSW.
1.3 Voucher means a document, in either physical or electronic form, that entitles the holder of such Voucher, (“Voucher Holder”) to receive and accept goods and services offered by Merchant members within the time limit stated on the Voucher (the "Redemption Period").
1.4 The Merchant Offering shall mean the goods and/or services offered by the Merchant and to be supplied and/or provided by the Merchant to the Voucher Holder upon redemption of the Voucher as specified on eMembercard's website and on the Voucher.
1.5 The Merchant is a third party unrelated to EMembercard except to the extent of being itself registered as a merchant member of eMembercard, The Merchant sells, supplies and/or provides the goods or services as stated in the Merchant Offering on its own as a separate entity. Please note that eMembercard does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher of specific offers from individual Merchants.
1.6 eMembercard reserves the right to amend at its sole discretion these Terms of Sale at any time without prior notice. All amendments to these Terms of Sale will, as soon as possible be posted on-line on our website. Members are only bound to the Terms of Sale at the time a Voucher was purchased prior the amendments.
USE OF THE EMEMBERCARD APP
Subject to a Member complying fully with the Terms of Service herein stated, eMembercard hereby grants the Member a non-exclusive, non-transferable licence to download, install and use the eMembercard App (“App”) on the Member’s mobile device. This licence to use the “(App”) is granted to a Member for his personal use only and on the proviso that the Member must not duplicate, transfer, give access to, copy or distribute any part of the App in any medium without eMembercard's prior written consent and authorization and that the Member must not attempt or carry out reverse engineering, alter or modify any part of the App or use it commercially.
3.1 A person must be at least 18 years old to join Group Buying as a member and must have registered and establish an account with Emembercard before any purchase can be made.
3.2 There are two types of Group Buying vouchers provided by eMembercard:
3.2.1 The first type of voucher is operated directly by the Merchants.
3.2.2 The Member must have first fully satisfied himself with the reputation and reliability of the Merchant and the Member must also have satisfied himself with the quality of the goods and services prior to making payment. eMembercard will not be held answerable or responsible for any defective goods and services supplied and any disputes arising from Member’s dissatisfaction with the goods and services received and paid for. The Member can, if he chooses, take his complaints to NSW Fair Trading or any other relevant authorities for a resolution of the dispute.
3.3 The second type of voucher is operated by eMembercard in the capacity of a collection agent for the Merchant.
3.3.1 As a collecting agent, eMembercard is only responsible for the collection of payments on behalf of the Merchant.
3.3.2 The Merchant shall be solely responsible for the quality of the goods or services provided to the Member. If refund is demanded, eMembercard must first obtain approval and authorisation from the Merchant. Disputes in this respect must be resolved directly between the Member and the Merchant with the help, it need be, of NSW Fair Trading or other relevant authorities.
3.4 By using the App and clicking on the "Place Order " button, the Member submits an offer to eMebercard to join Group Buying. However, the purchase of the Group Buying is not complete until the Member receives an App message from eMembercard confirming acceptance of the offer. eMembercard expressly reserves the right to reject a Member’s offer. In addition, even if the Merchant has accepted the offer, it can be cancelled at any time if it reasonably suspects that the Member has committed or that there is a high probability of a fraud being committed against eMembercard, an affiliated third party of eMembercard or the Merchant.
3.5 The Merchant may also have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering and the Member must familiarise himself with such terms and conditions prior to redeeming the Voucher.
Redemption of Group Buying offer
4.1 for eMembercard Group Buying vouchers, unless expressly stated otherwise:
4.1.1. the Voucher can only be redeemed once;
4.1.2 all Vouchers sold by eMembercard are single-purpose Vouchers which can only be redeemed with the Merchant specified on the Vouchers and not with eMembercard,
4.1.3 the Voucher is valid for one person only and is only valid when presented to the specific Merchant within the Redemption Period as stated on the Voucher. The Voucher will expire and will become useless if not presented within the Redemption Period.
4.2 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the goods or services of the Merchant Offering at a specific time. The Member is strongly recommended to contact the Merchant at an early stage of placing the order in regard to the preferred time of delivery. eMembercard has no authority to specify the time of delivery of the supply and/or provision of the Merchant Offering.
4.3 If a Member redeems the Voucher for goods and/or services other than those specified in the Merchant Offering, the Member is not entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant.
4.4 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, a Member redeems the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering on the Voucher, the Member is not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the actual redeemed value.
4.5 On behalf of the Merchant, eMembercard may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. The Member will be informed of all such fees or costs (if any) prior to the Member purchasing the Voucher.
4.6 In the event that a Merchant cannot for whatever reasons, supply and/or provide the Merchant Offering as described on the Voucher, eMembercard will notify the Member as soon as possible by email. eMembercard will offer the Member either a new voucher with comparable value and benefits (if available) or the repayment of the purchase price of the Voucher or by issuing eMembercard credit.
Use of a Voucher
5.1 A Voucher is for the personal use of a Member and must not be resold for a profit although it may be transferred to another person for personal use.
5.2 Voucher purchased is solely the responsibility of the Member. Neither eMembercard nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes for the Member,
5.3 A Member must not provide false data including false names, addresses, contacts or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or permit or acquiesce to any person so doing.
5.4 Any attempt to redeem a Voucher contrary to the Terms of Sale herein stated shall render a Voucher void.
5.5 The reproduction of a Voucher by any means and forms is prohibited and will be prosecuted accordingly.
5.6 A Voucher must not be resold as a commercial activity for profit or otherwise. Such activities will be deemed as a fraud against the Merchant and eMembercard.
Cancellation (and exceptions), Refunds and Problems
6.1 A Voucher once purchased is not refundable or cancellable unless with the consent of both the Merchant and eMembercard.
6.2 If a Member is dissatisfied with the goods and services delivered, the Member, as stated in Clause 3.2.2. must take action against the Merchant directly. The Merchant alone is responsible for the supply and/or provision of the Merchant Offering. eMembercard only sells and supplies the Vouchers. eMembercard may, upon request, assist the Member or the Merchant to resolve the issues between them. This applies to the Member wanting to return the goods to the Merchant if the goods were found unsatisfactory or wanting a refund of the purchase price.
6.3 If a Merchant agrees to refund the cost of a Voucher, eMembercard, will upon receipt of instruction from the Merchant, organise the refund using the same original method of payment by the Member. If the Member’s original method of payment is no longer applicable or available, the Member must inform the customer support team immediately at eMembercard.com. Failing to do so, the Member will alone bear the responsibility to retrieve funds wrongly deposited. eMembercard will not provide more than one refund and for those direct sale Vouchers, the refund is handled by the Merchant only.
6.4 A Member shall have 14 days in which to reject any refund received. After the 14 days’ period, the Member is deemed to have received the refund in full and final settlement of the Member’s claim.
Responsibility for the Merchant Offering
7.1 The Merchant is deemed to have entered into a contractual relationship with the Member when the Member redeems the Voucher with the Merchant.
7.2 As elsewhere stated in the Terms of Sale, the Merchant alone shall be answerable to the Member and the Merchant alone shall bear the responsibility for the supply and provision of goods and services redeemed by the Member using the Voucher and shall be responsible for any subsequent claims made by the Member.
7.3 Under no circumstances will eMembercard be construed as in a principal and agent relationship with the Merchant or the Member.
eMembercard's Standards of Services and Liability
8.1 eMembercard promises that:
8.1.1. it will exercise reasonable care and skill in the performance of its obligations under these Terms of Sale;
8.1.2 the printed Vouchers will be of a satisfactory quality and are fit for their purpose;
8.1.3 it shall uphold the principles of fairness, reasonableness, equity and professional diligence in all its dealings with the Members and the Merchants.
8.1.4 eMembercard is not liable for any losses, damages, consequential or otherwise a Member may suffer as a result of purchasing and redeeming the Vouchers or dealing with the Merchants.
8.1.5 eMembercard does not promise or assert the completeness, fitness for the purpose intended or the legality of the Merchant Offering, hence, eMembercard is not liable for the quality, safety, usability or merchantability and any other aspects of the Merchant Offering.
8.1.6 eMembercard is not liable for breach of any obligation stated in these Terms of Sale where the performance of such obligation was hindered or prevented by any cause beyond the control of eMembercard.
8.1.7 In the event eMembercard is found liable for damages claimed by the Member, the extent of eMembercard’s liability shall not exceed the cost price of the subject Voucher.
8.1.8 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section. If these laws apply to a Member, some or all of the above exclusions and/or limitations may not apply and the Member may have additional rights.
eMembercard's website (the "Site") means the Internet website, mobile applications, electronic communications or services set up by eMembercard or at any other location at which you can purchase a Voucher from eMembercard. The Site on which EMembercard markets the Vouchers is owned by eMembercard and the Site contains information about the terms and conditions for the use of the Site and these terms and conditions are part and partial of the Terms of Sale herein stated.
10.1 In the event a Member having breached any of the Terms of Sale herein contained, eMembercard may not take immediate remedial action against the Member. However, by not pursuing the Member immediately does not mean eMembercard will forgo any remedial action against the Member nor does it mean eMembercard has waived its rights and remedies with regard to the Member’s breach. eMembercard reserves its rights and remedies against the Member as and when it deems fit to do so.
10.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail except in the circumstance where the Member is serving a notice to eMembercard for the purpose of initiating a legal process, or by pre-paid post. Any notice eMembercard sends to the Member will be to the address the Member that was supplied to eMembercard on registration as a member and opening of an account with eMembercard.
10.3 If any provision of these Terms of Sale should be held by a Court of Law to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision may be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated in the individual invalid or unenforceable provision.
10.4 These Terms of Sales are governed and interpreted under the laws of NSW. Exclusive venue for any dispute shall be the courts of NSW. The parties hereto agree that to resolve any disputes, the parties must first sought resolution through the process of mediation and arbitration before applying to the Courts.
10.5 In these Terms of Sale, the singular shall include the plural and vice versa , any gender shall include all other genders and a person shall include corporation, partnership, joint venture, association, authority, trust, state or government.