Terms and Conditions

THIS LEGAL TERMS AND CONDITIONS SET OUT BELOW GOVERNS YOUR USE OF DISCOUNT CODE MOBILE APP. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE”, YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.

Discount Codes Pty Ltd ("Discount Codes", "discount codes", “dc” "we", "us" or "our") provides a product promotions through available discounts vouchers, marketing and advertising of goods and services to customers around the world through Discount Codes (the "App", or together with the other services, the "Services"). Please read these Terms of Use (the "Terms" ) so you properly understand how you’re expected to use our Services and the rights you have in relation to them. By installing, accessing, downloading or otherwise using the Services, or any of their features, you are agreeing to comply with these Terms. Any reference throughout to "you", or a correlative subject, refers to the device owner and/or user of the Service.

If we make any changes to these Terms, we will post the updated Terms on our website and, if these are material updates, either notify you by email to the email address specified in your account or an in-App alert the first time you use the App after we make the change. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting these Terms to check for any changes. Your continued use of the Services will be deemed acceptance of the updated Terms. If you do not accept the updated Terms, you are no longer permitted to use the Services and should disable your account immediately. Should you wish to access and review these terms and conditions, please see the Discount Codes Terms of Use.

Contact

Should you wish to contact us regarding the Services for any reason, including to submit a comment or complaint, please email us at: hello@discountcodesau.com or contact us via the App

Language

These Terms were prepared in English and therefore the default language is English. Should you wish to access these Terms in a different language, please update the language setting on the Service being used (for example via the settings on the App) to the preferred language. Please note that not all languages are available and should there be any discrepancies or differing interpretations or meanings between the English version of these Terms and any translation, the English Terms shall prevail.

Download and Registration

By installing, accessing, downloading or otherwise using the Services, or any of their features, you agree to comply with the Terms and enter into a binding contract with us. Your use of the Services, including all rights you with respect to the Services, are detailed in these Terms. If you breach or violate any of the Terms, we have the right to disable your account immediately and you will not be permitted to create another account without our permission. If using the App, once downloaded, you must register to use the App using the current mobile number you use and a username. In doing so, you agree to receive text messages and phone calls from us which will be sent to assist with verifying your identity and device. If you change your mobile number, you need to notify us via the App or you will not be able to operate the App using the new number.

Your Personal Data

Providing you with the Services requires that we collect, store, use, share and otherwise process your personal data. To learn what kinds of personal data we process along with why, how and where we process it, please read our Privacy Policy contained in this Terms and Conditions. It will also provide useful information about the rights you may have in relation to your personal data and how you may be able to exercise such rights.

General Conditions

In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:

Age: you must be at least 13 years of age to use the Services. This age is subject to the laws of the country you are from and therefore may be higher (but never lower) than our required age. You may also be required to seek the consent of your parent or guardian to download, register or otherwise use the Services.
Law: you must comply with the law and not be prohibited from using the Services in any way due to the local laws or any criminal conviction you may have.
Disabled Account: you must not download or otherwise use the Services if any account of yours with any Service (or any other service or application of a Discount Codes group company) has been disabled in the past.
Operating System: the App requires your device to be operating with at least version iOS 9 (for Apple devices) and Android 5 (for Android devices) with a minimum of 200 MB of memory.
Device Fees: you are wholly responsible for all carrier data plan and other applicable fees and taxes associated with your use of the Services.
Account Security: you are responsible for keeping your device, your account and any security codes/passwords (if requested) safe and secure. If your account has been hacked, compromised or breached in any way, please contact us immediately at hello@discountcodesau.com or via the App.

Acceptable Use

When using the Services, you must always do so for legal, authorised and acceptable purposes. When using the Services, you will not, nor permit any person using your account to:

use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or contravening these Terms;
violate or infringe the rights of Discount Codes, any of its group companies, our users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights;
transmit any material that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
impersonate someone;
send, or be involved in sending, illegal communications;
seek to harm Discount Codes, our group companies, or any of our users or customers; or
access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon and of our Services in impermissible or unauthorised manners, or in ways that harm us, our group companies, our Services, systems, users, or others. In particular you must not, nor permit any person using your account to:

reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services, except to the extent permitted by law;
send, store, or transmit viruses or other harmful computer code through or onto our Services;
gain or attempt to gain unauthorised access to our systems or those of our group companies;
create accounts for our Services through unauthorised means;
collect the information of or about our users in any impermissible or unauthorised manner; and/or
sell, resell, rent, or charge for the use of, our Services.

Device Data, Functions and Access

To operate the App efficiently and to the best of its potential ability and functionality, we require access to the following data and functions on your device:

network (cellular data and WiFi);
phone book and contacts;
photos, images and videos;
camera;
documents;
location data;
microphone;
calendar; and
storage.

We will however ask your consent before accessing each such data set and function on your device. If you provide your consent with respect to a data set or function, we will remember this and not ask you again with respect to the same data set or function. You can withdraw your consent at any time by accessing your account in the App and/or via the settings of your device.

Licences and Intellectual Property

What we own

Throughout our relationship with you, you retain ownership of the details, information or other data you submit for your account or through the use of our Services. You also have the right to grant the rights and licences in these Terms as further detailed below.

What you own

Licence to us

In order for us to provide our Services to you to the best of our ability, you grant Discount Codes a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and display the information (including any content) that you upload, store, send, or receive on or through the use of the Services. including account data as explained in our Privacy Policy. We will use such rights for the purpose of providing our Services which includes, for example, to allow us to display your profile picture, to send your messages, and if you elect to follow official accounts on our platform, to share your nickname, your profile photo and messages sent to such official account.

Licence to you

In order for you to receive the Services at the best standard, we grant you a revocable, nonexclusive, non-sublicenseable and non-transferable licence to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other licences or rights are granted to you by implication or otherwise.

Infringement of Intellectual Property

If you believe our Intellectual Property is being infringed by a third party, please contact us immediately using the contact details provided above. If we believe you are infringing our Intellectual Property or the intellectual property of another, we may terminate your account with immediate effect.

Updates

When an update of the App becomes available, you are strongly encouraged to download this as soon as possible following its release. Updates may include upgrades, bug fixes, other error corrections, improved App security, and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. If you do not update the App, it may no longer be supported by us and, over time, will likely depreciate in functionality, and you may expose your device to vulnerabilities that updates would otherwise address. You agree that all updates will be deemed part of the App and be subject to all terms and conditions of these Terms.

Support

Support If you require support in relation to your use of the Services, please contact us at hello@discountcodesau.com or via the App.

Disclaimer

You use and accept the provision of the Services at your own risk and at all times subject to the following disclaimers:

the Services are provided on an "as is" basis without any express or implied warranties;
no warranty is given that any information provided by us is accurate, complete, or useful, that the Services will be operational, free from errors, secure, safe, or that the Services will function without disruptions, delays or imperfections;
we do not control, and are not responsible for controlling, how or when our users use our Services; and
you acknowledge and agree that the App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials, or content provided by other users) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials") and you agree that: we are not responsible for Third-Party Materials including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof; we do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials; that Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions; and we are not obligated to control the actions or information (including content) of our users or other third parties.
The forgoing disclaimers will apply to the fullest extent permitted by applicable law.

Our Liability

Limitation of Liability

We, our affiliates, subsidiaries, officers, directors, employees, partners, agents, successors and assigns (together the "Discount Codes Group") will not be held liable to you, whether in contract (including under any indemnity), tort (including negligence), under statute or otherwise, under or in connection with these Terms, your use of the Services, and/or our provision of the Services, for any consequential, indirect, special or incidental losses or damages, or for any loss or damage to the extent that such loss or damage is caused or contributed to by you, or is a result of the failure by you to comply with these Terms.

For any other losses or damages, the Discount Codes Group’s aggregate liability towards you for all claims during our relationship with you shall not exceed $150 AUD.

The forgoing exclusion and cap of liability will each apply to the fullest extent permitted by applicable law.

Your Liability

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Discount Codes Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services; (b) your breach of our Terms; or (c) any misrepresentation made by you.

Termination

Our right

We retain the right at any time to disable your account (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services (including any services of our group companies) for any reason, including your violation of these Terms.

Your right

You can terminate your access to any or all of our Services at any time by simply deleting your account(s). If you choose to delete your App account, we will permanently delete all your messages (including all photos and videos and other content), your account information, your contacts and any other data we hold relating to you and your account within one month of you deleting your account. This gives you a period of time to change your mind by reactivating your account easily via the App.

Continuing provisions

However caused, the following provisions will survive any termination of your relationship with us: Licenses, Disclaimer, Our Liability, Your Liability, Termination, General and Governing Law.

General

General In addition to any other terms and conditions within these Terms, please be aware of the following:

Entire Agreement: these Terms, the Discount Codes Terms of Use and the Privacy Policy make up the entire agreement between you and Discount Codes regarding your use of the Services.
Local Law Violations: our Services should not be accessed or otherwise used in any jurisdiction where any or all of the Services are prohibited to any degree.
Applicable Law: you agree to comply with all laws that apply to you in your use of the Services.
Wavier: any waiver of any Terms or obligations or rights hereunder is not permitted without our written consent.
Assignment: we may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party. You may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party with our prior written consent.
Third Parties: except as stated or contemplated herein, these Terms do not give any third party any rights.
Severance: if any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

1. General

1.1 Liability for content

The content of our sites is delivered with utmost diligence and care possible. However, Discount Codes can not guarantee the accuracy, completeness, integrity and actuality of the content. In cases of declaration of violation of rights, Discount Codes will delete the concerned content at the soonest possible time.

1.2 Liability for links

Our site contains links to external websites over which we have no control. Thus, Discount Codes cannot be held accountable for the content of of those third party websites and the consequences that may arise from the existence of such links on Discount Codes. The operator or provider of the mentioned content is the one responsible for their respective site content. The linked-to websites were reviewed concerning possible violation of rights at the point of publication. However, some illegal content may not be recognizable at the point of publication. A constant and permanent monitoring of the links included on Discount Codes without concrete indication and necessity is deemed unreasonable and infeasible. But in cases of declaration of violation of rights, Discount Codes will delete the concerned link(s) at the soonest possible time.

1.3 Copyright

The content and text published by third party website operators on Discount Codes are subject to the German copyright law. The duplication, revision, dissemination and all forms of usage of content beyond the copyright limits require a written approval of the respective author and/or creator. Downloads and copies of the aforementioned content is only allowed for private and noncommercial use. If the content posted on Discount Codes did not come from the website operator himself, the third party copyright rules shall apply. All third party content is marked as such. Should there be any copyright infringement on Discount Codes, kindly contact us and provide us with corresponding evidence. In cases of declaration of violation of rights, Discount Codes will delete the concerned content at the soonest possible time. The following clauses shall explain when and to which extent personal data is handled, collected, promoted and used by Discount Codes.

Privacy Policy

2. Collection and processing of personal data

Ads on Discount Codes are obviously made available to the public. Our servers are located in Australia. We comply with the Australian user consent policy. If you choose to provide us with personal information, you are consenting to the transfer and storage of that information to and on our servers in the Australia. We collect and store the following personal information: o Email address, physical location/contact information and financial information (depending on the service used) o Computer sign-in data, statistics on page views, traffic to and from Discount Codes as well as ad data (Through cookies which you can disable on your browser. However, this is likely to affect your ability to use the site in terms of functionality). o Other information including your IP address and standard web log information. We point out that data transmission over the Internet (eg communication via e-mail) can lead to security issues. A complete protection of data against access of third parties is not possible.

3. Transfer of personal data

Transfer or provision of personal data to a third party occurs only if Discount Codes is lawfully obligated to provide information to authorities in relation to an ad that a user has posted, or if the user has given prior consent to the release of personal data. Otherwise, personal data will not be released, shared or sold to third parties for marketing or advertising purposes without prior permission from the user.

4. Cookies

Discount Codes uses “cookies” in connection with the web browser for optimum usage of the site. A “cookie” is a small piece of data coming from our web server that is stored in the user’s hard drive or other storage device. The user may choose to disable or adjust enabled cookies accordingly by configuring their web browser. However, disabling or deleting cookies may result in the unavailability of some functions and features of the website. Discount Codes uses cookies to remember the last activity of the user on the website, for the user’s own convenience. This applies in terms of saving the user’s details (username and password) and settings on applications. Cookies are used to identify the used computer. No personal data except the users IP-address is saved. Discount Codes does not use technology that may combine information obtained by cookies with personal user data, so as to detect the identity or email address of users.

5. Facebook and Twitter Data Collection

Our website contains plugins from Facebook and Twitter. These plugins are solely provided by Facebook Inc. of 1 Hacker Way, Menlo Park, CA 94025, USA, Twitter Inc. of 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Through the use of Facebook, Twitter and the ”Re-tweet“ function, the web pages you visit will be linked to your Facebook and Twitter account and be visible to other users. Data will also be transferred to Facebook and Twitter. We point out that we as providers of the site have no knowledge of the content of the transmitted data and its use by Facebook and Twitter. For more information, please see the privacy policy of Facebook and Twitter on their websites at facebook.com/privacy/explanation and twitter.com/privacy.

6. Third party/External websites

Please be aware that other websites and other internet users may collect any personal information such as your e-mail address that is published on the websites of Discount Codes. This is due to the natural interconnectedness of the internet. Our data protection policies only apply to Discount Codes and do not cover external websites nor cover the external activities of the users and the consequences arising thereafter. Discount Codes offers users the possibility to interact with Discount Codes users and post ads under a cipher as an added security measure. This considerably hinders third parties from collecting users’ personal data. Discount Codes also uses Javascript to encode your email address (that was submitted as a contact email) to prevent the scanning of users’ email addresses through external software. However, email addresses that are published openly in the ad itself are not covered by this security feature.

7. Right of withdrawal and information

Personal information provided to Discount Codes may be requested for deletion at any time provided that the information is not needed for a running transaction or is not lawfully required for safekeeping. If you have given the permission for the transmission of personal information to a third party, you may at any time cancel or withdraw this permission. Information regarding all personal information saved on Discount Codes can be provided on request and free of cost. You have the possibility of requesting eventual corrections to erroneous and non-current data at any point.

8. Responsible authority

Questions regarding data privacy and protection should be addressed to hello@discountcodesau.com.

Governing Law

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Services ("Claim"), and you may resolve your Claim in any competent court in that Member State that has jurisdiction over the Claim. In all other cases, you agree that the claim must be resolved in a competent court in Australia and that Australian law will govern these Terms and any claim, without regard to conflict of law provisions.

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