Terms & Conditions | Jigocity - Enjoy your Jigo Life

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JIGOCITY – AUSTRALIA
TERMS OF USE

Please take the time to read these Terms of Use (Parts A, B and C) carefully each time you visit our Website. By visiting our Website you are deemed to have read, understood and agreed to these Terms of Use. These Terms of Use form a legally binding agreement between you and us.

Jigocity Pty Ltd ACN 145 775 515 (“Jigocity”, “we”, “us”, “our”) is the owner and operator of www.jigocity.com.au (the Website).

We may from time to time update, vary, amend or cancel some of all of these Terms of Use and each time you visit our website you will be legally bound by our updated or amended Terms of Use.

A. GENERAL

Terms of Use
1. Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’) and our Privacy Policy.
2. Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use and our Privacy Policy.
3. Jigocity reserves the right to amend the Terms of Use at any time.
Registration
1. You are required to register and create an account with us (‘Account’) so that you can access and receive information and accept opportunities for discounted products and services we offer and advertise via our website and email communications from time to time.
2. To create an account you must and you agree to provide honest, accurate and complete information about yourself and that you will keep this information up to date.
3. Jigocity may refuse to register your Account or may cancel your Account if required by law or where you are in breach of these Terms of Use.
4. Our Privacy Policy sets out how we will use your personal information.
5. We are not responsible for any activity that occurs in your Account.
6. You must keep your Account log-in and password stored securely.
Your Obligations
1. You must use the Website in a responsible manner. You must not:
  1. use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes;
  2. use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
  3. use the Website to post or transmit or upload any advertising material, website links or links of any kind;
  4. use the Website to solicit the business or customers of any users of the Website;
  5. use the Website to send unsolicited email messages;
  6. in any way tamper, hinder or modify the Website;
  7. knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  8. attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Copyright and Trademark Notice
1. The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Jigocity and are protected by Australian and International copyright laws.
2. The Website does not grant you a licence nor act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.
3. You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.
4. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Jigocity or expressly authorised in writing by Jigocity.
Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Jigocity or an associated entity or which is prohibited by the Terms of Use.

Advertising, Third Party Content and Links to Third Party Websites
1. The Website may contain hyperlinks and other pointers to internet websites operated by third parties. Jigocity does not control these linked websites and is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Jigocity of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.
2. The Website may also contain information on products and services offered for sale or advertised by us on behalf of third parties. Much of the information provided on the Website concerning the products or services is information from third parties. Jigocity is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. You should also enquire with the third party supplier the presence of any additional charges or relevant terms. The third party products, services and information are not provided by Jigocity and your legal relationship is with the third party supplier.
3. Jigocity may receive fees and/or commissions from the third parties for goods and services displayed on the Website or made available via the Website. You acknowledge and consent to Jigocity receiving these fees.
Prices, Goods and Services
1. All prices displayed and goods and services offered to be supplied on the Website are subject to change without notice.
2. You agree that you are responsible for:
  1. making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
  2. assessing the suitability of goods and services prior to you placing an order for a Deal Voucher for a Deal relating to those goods or services.
Licences and idea submissions
1. You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.
2. By submitting communications or materials to any part of this Website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant (without compensation or further obligation) and warrant that the owner of such information has expressly granted (without compensation or further obligation) Jigocity a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future.
3. You agree that Jigocity may sublicense its rights to the contribution or materials you provide and you hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.
4. Jigocity shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the Website or elsewhere and to use the submission, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against Jigocity for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
Indemnity

You agree to indemnify Jigocity from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you, a Deal, a Deal Voucher or the goods or services the subject of a Deal.

Disclaimer
1. Some legislation such as theCompetition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Jigocity via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Jigocity excludes all conditions and warranties implied by custom, law or statute save for your Statutory Rights.
2. Save for your Statutory Rights, in respect of the Website:
  1. All material on the Website is provided to you without warranties of any kind, either express or implied;
  2. Jigocity expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  3. Jigocity does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
  4. Jigocity does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
  5. Jigocity does not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts.
3. To the extent permitted by law, including but not limited to any act or omission on the part of Jigocity, Jigocity will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you:
  1. which result from any use or access of, or any inability to use or access, the Website;
  2. directly or indirectly in connection with a Deal, a Deal Voucher or goods or services the subject of a Deal.
4. You expressly acknowledge that Jigocity does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
Limitation of Liability

To the extent permitted by law, Jigocity’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Jigocity, to one or more of the following:
1. in the case of services supplied or offered by Jigocity:
  1. the supply of the services again; or
  2. the payment of the cost of having the services supplied again.
2. in the case of goods supplied by or offered by Jigocity:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of such goods;
  3. the payment of the costs of replacing the goods or acquiring equivalent goods;
  4. the payment of the costs of having the goods repaired.
General
1. Jigocity relies upon your continued observance of the Terms of Use. In the event that Jigocity suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Jigocity for those losses, damages and costs.
2. The Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the New South Wales and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
3. Jigocity does not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in this Website may not be legal by certain persons or in certain countries. If you access the Jigocity Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
4. If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
5. All rights not expressly granted herein are reserved.
6. If Jigocity does not act in relation to a breach of the Terms of Use by you, this does not waive Jigocity’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Termination

The Terms of Use are effective until terminated by Jigocity and Jigocity may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

B. DEAL VOUCHER TERMS OF USE

Orders
1. Jigocity is a service provider for third party traders ('Merchant') and advertises opportunities to purchase Deal Vouchers which are redeemable from the Merchant for goods and services at discounted rates and on certain terms and conditions described in the Deal Voucher (‘Deal’). By placing an order to purchase a Deal Voucher on the Website, you agree to pay Jigocity the advertised price of the Deal Voucher ('Deal Voucher Price) and receive the Deal Voucher once Jigocity has received a minimum quantity of offers to purchase the Voucher during a specific time period (‘Minimum Sales’).
2. Nothing on the Website or any communication with you from us or on our behalf constitutes an offer from Jigocity to sell you the Deal or Deal Voucher or the goods and services that are the subject of the Deal. The promotion and/or advertising of the Deal on the Website or within any communication that you receive from us or on our behalf is an invitation to treat only.
3. Jigocity may accept or reject your offer to purchase a Deal Voucher.
4. An order to purchase a Deal Voucher once made cannot be cancelled.
5. By placing an order you promise Jigocity that you are at least 18 years old and have full capacity to enter into a legally binding agreement for the purchase of a Deal Voucher.
Issue of Deal Vouchers
1. If Jigocity accepts your offer to purchase the Deal Voucher, Jigocity will issue you a Deal Voucher once the Minimum Sales have been achieved and Jigocity has received full payment of the Deal Voucher Price from you.
Refunds

If a Merchant does not honour any Deal Voucher, Jigocity will refund the amount paid for the Deal Voucher in the same manner as payment was made or will credit your Account for future purchases on the Websites. Except as set out in the foregoing or as required by law, you will not be entitled to any credit or refund on the purchase price of an issued Deal Voucher.

Redemption

Deal Vouchers are redeemable with the relevant Merchant for the goods or services stated on the Deal Voucher. Jigocity is a service provider for the Merchant, however, the Merchant, NOT Jigocity, is the provider of the products or services. You acknowledge and agree that the Merchant is responsible for any goods and services it provides to you. You waiver and release Jigocity from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected with your use of a Deal Voucher or the goods or services provided by a Merchant.

Deal Voucher terms
1. You acknowledge and agree that your purchase of a Deal Voucher from Jigocity may be subject to specific terms set by or relevant to the Merchant (‘Specific Conditions’). These Specific Conditions will be communicated to you on the Website prior to your purchase of the Deal Voucher and will appear on your Deal Voucher.
2. To the extent there is any inconsistency between the Specific Conditions and the Terms of Use, the Specific Conditions will prevail.
3. Unless otherwise stated in the Specific Conditions or required by law, the following terms apply to all Deal Vouchers (without limiting the other terms and conditions in these Terms of Use):
  1. A Deal Voucher:
    1. is not redeemable for cash or credit;
    2. must be used in one transaction;
    3. cannot be used in conjunction with any other offer;
    4. is redeemable by the bearer (i.e. the first person presenting the Deal Voucher to the relevant Merchant); and
    5. is redeemable for the goods or services specified on the Deal Voucher;
  2. The value is the amount paid for the Deal Voucher;
  3. Provision of the goods or services described in the Deal Voucher is the responsibility of the Merchant; and
  4. Under no circumstances will Jigocity replace or reissue a Deal Voucher that has been lost or stolen (in this regard you must treat the Deal Voucher like cash).
Merchant terms

All Deals are subject to the Merchant’s own terms, conditions and policies. While Jigocity will try to display on the Website any Merchant terms that apply to the goods or services the subject of a Deal or Deal Voucher, you agree that it is your responsibility to make your own enquiries about any Merchant specific terms, conditions and policies that may apply to the said goods and services.

C. JIGOPOINTS

Participation
1. Upon registering or creating an Account with us, you will be automatically enrolled in the JigoPoints programme, under which you can earn JigoPoints (as described below).
2. You must be an individual and at least 18 years old in order earn and redeem JigoPoints.
3. JigoPoints and referral links are for personal use only. Referral links cannot be posted, displayed or otherwise appear on aggregator or other commercial websites without the prior written consent of Jigocity.
4. You are not participating in any JigoPoints-earning activities in respect of your, or your associates, employment.
5. If you are participating in any JigoPoints-earning activities in the course of furtherance of an enterprise carried on in Australia, you are not entitled to JigoPoints, and they will not be credited to your account, unless you have already provided Jigocity with your Australian Business Number (ABN) or Tax File Number (TFN).
Earning JigoPoints
1. There are four levels of JigoPoints that you may earn. All have the same value, but each has a different expiration:
  1. Platinum – these JigoPoints expire one day prior to 2 years after they are allocated to your account.
  2. Gold – these JigoPoints expire 90 days after they are allocated to your account.
  3. Silver – these JigoPoints expire 45 days after they are allocated to your account.
  4. Bronze – these JigoPoints expire 7 days after they are allocated to your account.
2. Each time you refer someone to the Website via the Jigocity personalised referral link and that person:
  1. does not already have an Account; and
  2. creates or registers an Account; and
  3. purchases a Deal Voucher from the Website, (a “Referral”) you will earn and be allocated point(s) (JigoPoints).
3. JigoPoints earned via Referrals will expire 45 days after they are allocated to your Account.
4. You may also earn JigoPoints in other ways that Jigocity may determine from time to time (Promotional Activity).
5. The level (Platinum, Gold, Silver or Bronze) of JigoPoints that you earn through Promotional Activity will be determined by Jigocity in its sole discretion.
6. JigoPoints cannot be earned on $0 Deals.
7. The combined value of the Accounts of all Account holders cannot be more than 10,000,000 JigoPoints. If, at any time, the total number of JigoPoints held by all Account holders would exceed 10,000,000 if JigoPoints were allocated to any Account holder's account, we will not allocate the JigoPoints.
8. JigoPoints earned through Promotional Activity will be allocated to your Account within 7 days after end of the relevant promotion.
9. The number of JigoPoints that you earn for each Referral or your Promotional Activity will be determined by Jigocity in its sole discretion.
10. Your JigoPoints balance will be displayed on your Account and we will update it as you earn and redeem your JigoPoints, and as they expire.
Using JigoPoints
1. JigoPoints cannot be used or applied toward $0 Deals.
2. JigoPoints are not transferrable and are not redeemable for cash.
3. For the avoidance of doubt JigoPoints can only be used or redeemed by you, the Account holder.
4. You can apply your JigoPoints toward the cost of purchasing a Deal Voucher from the Website, in this case one JigoPoint equals AU$1.00 off the cost of a Deal Voucher.
5. You may combine different levels of JigoPoints that you have earned to purchase a Deal Voucher from the Website. For example, you may use your Platinum and Gold JigoPoints together toward the purchase of a single Deal Voucher.
6. A JigoPoint is deemed to be earned on the day it is allocated to your Account.
Unauthorised or mistaken transactions

Every JigoPoint earned and allocated is subject to further review by Jigocity. If in Jigocity’s sole discretion it determines that JigoPoints have been earned or allocated as a result of:
1. fraud, misrepresentation or dishonesty; or
2. breach of the Terms of Use; or
3. computer error, human error or other mistake;
or the price paid for the Deal Voucher has been refunded to you, Jigocity reserves the right to deduct the relevant JigoPoints from your Account or adjust your JigoPoints balance as it sees fit.

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