TightAssDeals

The following User Terms and Conditions (“Terms”) govern your rights and obligations in respect of the access and use of the Website and the purchase of deals displayed on the Website.  Note, in particular, clauses 7 and 8 of these Terms which govern the purchase, use and redemption conditions of such deals.  

1. ACCEPTANCE OF TERMS

   • This Website is owned and operated by Tight Ass Deals (ABN 79 640 938 832)a business registered under the laws of the state of Victoriaand/or its successors and assigns (referred to as “Provider”, “us”, “we” or “our”).

   • The terms and conditions set below apply to all persons viewing, using or otherwise accessing the Website (referred to as “User”, “you” or “your”).

   • By becoming a User, you hereby acknowledge and agree to be bound by these Terms.  This version represents the most current version of these Terms.

2. DEFINITIONS AND INTERPRETATION

   • In these Terms, the following terms have the following meanings:

     1. Confirmation Emailmeans the email issued to a Member by the Provider confirming the Member’s purchase of a Merchant Deal;

     2. Contentmeans information, data, text, photographs, pictures, images, graphics, video, messages or other materials displayed on the Website or in any other way communicated to Users;

     3. Intellectual Property means all worldwide intellectual property rights, including:

        1. patents, copyrights, rights in circuit layouts, registered designs, trade or service marks, trade, business or company names or logos, indication of source or appellation of origin, and any right to have confidential information kept confidential;

        2. any application or right to apply for registration of, or assert or waive, any of the rights referred to in paragraph (i);

        3. trade secrets, ideas, concepts, materials, know-how and techniques; and

        4. derivative works in respect of any of the aforesaid;

     4. Membermeans a person who has registered on the Website or who has purchased a Merchant Deal or submitted personal information, including contact details, to the Provider, whether through or in connection with the Website or otherwise;

     5. Member Account means the account created by, or designated to, Members on the Website as part of the Member’s registration on the Website, or the purchase process of Merchant Deals;

     6. Merchant means any business or entity offering or promoting a Merchant Deal through or in connection with the Website;

     7. Merchant Deal means the unique offer or promotion offered by a Merchant in respect of the Merchant’s products or services through or in connection with the Website;

     8. Merchant Deal Conditionsmean all conditions, limitations and restrictions imposed by the Merchant in respect of the Merchant Deal, including those relating to redemption and usage of the Merchant Deal by Members;

     9. Maximum Quantitymeans the maximum number of Merchant Deals capable of being sold by a Merchant taking into account the Merchant’s service standards and product availability;

     10. Payment Facilitymeans the online payment facility on the Website enabling Members to make payments of Merchant Deals by way of credit card, PayPal Services and/or other methods as the Provider may specify from time to time;

     11. PayPal Servicesmean payment gateway services supplied by PayPal Australia Pty Limited (ACN 111 195 389) and/or its associates;

     12. Reserve Quantity means the minimum number of Merchant Deal purchases which must be made by Members in order to activate the Merchant Deal;

     13. Unique Voucher Codemeans the unique identifying code issued by the Provider for each purchase of a Merchant Deal made by Members;

     14. Vouchermeans the voucher issued to a Member by the Provider bearing a Unique Voucher Code;

     15. Website means this website, being www.tightassdeals.com;

     16. Works mean, with respect to the Provider, texts, names, logos, trademarks, designs, techniques, concepts, images, illustrations, drawings, reports, specifications, codes, calculations and other documents or materials or any derivative works thereof, which may be contained in or displayed on the Website or any other documents, materials, software, resources or further forms of communication made by the Provider.

   • In these Terms, reference to:

     1. one gender includes the others;

     2. the singular includes the plural and the plural includes the singular;

     3. a person includes a body corporate;

     4. a party includes the party's executors, administrators, successors and permitted assigns;

     5. a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

        1. that Statutory Provision as amended or re-enacted from time to time; and

        2. a statute, regulation or provision enacted in replacement of that Statutory Provision;

     6. includingand similar expressions are not words of limitation;

     7. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning; and

     8. headings are for convenience only and do not form part of these Terms or affect its interpretation.

3. ELIGIBILITY

   • In consideration of your becoming a User, you represent and warrant that:

     1. you are 18 years of age or older;

     2. you have the capacity to form a binding contract;

     3. you are not a person barred from accessing or using the Website under the governing laws of these Terms; and

     4. Your access or use of the Website does not violate any applicable law or regulation.

4. DESCRIPTION OF SERVICES

   • The Website offers Users a facility through which unique promotional and value packages offered by Merchants may be viewed and purchased for personal use or as gifts.

   • Communications from the Provider and/or its licensors, such as service announcements and administrative messages, may also be made to Members and are considered part of the terms of registration of the Website.

   • Unless explicitly stated otherwise, any new services, features, content or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to these Terms.

5. WEBSITE ACCESS AND USE

   • You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges).  You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website.

   • You understand that the Website may include software embodied therein now or in the future as well as security components that permit digital materials to be protected, and that your access of the Website is subject to software usage rules set by the Provider and/or its licensors.  The Provider makes no warranty that any errors in the software will be corrected.

   • The Website is offered, supplied and provided on an "as-is" and “as available” basis, and the Provider assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings.

   • In accessing and using the Website, you must not:

     1. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;

     2. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

     3. interfere with, attempt to interfere with or disrupt the Website or servers or networks connected to the Website or associated services or disobey any requirements, procedures, policies or regulations of networks connected thereof;

     4. take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;

     5. use profanity on the Website or submit any content that is false, obscene, defamatory, racist, sexist or which intentionally or unintentionally violate any applicable local, state, national or international law; or

     6. block, obscure, overwrite or modify any content on the Website.

   •  You must also not:

     1. "stalk" or otherwise harass another;

     2. collect or store personal data about other Users; or

     3. Attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.

   • Further, you must not, in connection with the Website:

     1. use intellectual property without the express permission of the person who owns the intellectual property;

     2. engage in or encourage, promote or procure other persons to engage in illegal activity;

     3. encourage, promote, facilitate or procure others to infringe copyrights, trademarks or other intellectual property rights;

     4. submit any content or information to the Provider that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts or adversely affects the intended function of the Website including viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming / software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.

6. WEBSITE CONTENT

   • The Website contains Content submitted by Merchants or posted by the Provider for and on behalf of the Merchants, including Content relating to Merchant Deals.  The Content is the sole responsibility of the Merchant from which such Content originated.  While the Provider uses its best endeavours to ensure the completeness of the Content, the Provider does not in any way guarantee the accuracy, integrity or quality of such Content.

   • The Website may also include Content submitted by other Users which comprise comments and/or ratings of products or services of a Merchant or forming part of a Merchant Deal.Such Content represents the opinions of their authors.  Although the Provider screens Content submitted to the Website by other Users, the Provider is not obliged to do so and does not in any other way control such Content nor does the Provider in any way guarantee the accuracy, integrity, completeness, quality or authenticity of the same.

   • The Website may further include Content posted or distributed by the Provider, including FAQs and other information or messages relating to the Provider and the purchase process of Merchant Deals. The information and opinions expressed in such Content have been supplied by the Provider for information purposes only.

   • Under no circumstances will the Provider be liable in any way for any of the Content specified in the aforesaid clauses, including, but not limited to, any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any Content displayed on the Website or otherwise posted, emailed, transmitted or otherwise made available to you.  You are not entitled to use them as a basis for any cause of action in law or otherwise against the Provider.

   • The Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state or jurisdiction. To the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website.  No advice or information, whether oral or written, obtained by you from the Provider or through or in connection with the Website shall create any warranty not expressly stated in these Terms.

7. PURCHASE OF MERCHANT DEALS

   • All Merchant Deals displayed on the Website are offered by Merchants.  The Provider acts as a facilitator of such Merchant Deals and is not an agent or partner of the Merchant in any form.  Accordingly, the terms of purchase of a Merchant Deal, including the quality or condition of products or services offered by a Merchant and any other terms, conditions, warranties or representations associated with the Merchant Deal, are solely between you and the Merchant and shall be governed by the Merchant’s own terms and conditions of sale.

   • You are not required to purchase any Merchant Deals displayed on the Website.  If you do purchase a Merchant Deal, the Provider does not in any way guarantee the accuracy, integrity, completeness or quality of any products or services offered by a Merchant to which the Merchant Deal applies.

   • Under no circumstances will the Provider be liable in any way for any product or service of the Merchant, including, but not limited to, liability in respect of any errors or omissions of the Merchant or for any loss or damage of any kind incurred as a result of your transactions with the Merchant or your participation in a Merchant Deal.

   • In offering Merchant Deals through or in connection with the Website:

     1. the Provider does not in any way recommend any product or services of a Merchant or approve, or act on behalf of, the Merchant;

     2. the Provider does not in any way offer preference of one product or service over another product or service supplied by the same Merchant or a different Merchant; and

     3. the Provider has no control, authority or influence over any Merchant and you expressly acknowledge and agree that you will not hold the Provider legally or otherwise responsible for the conduct of any such Merchant, including the failure by a Merchant to honour the Merchant Deal.

8. MERCHANT DEAL CONDITIONS

   • The purchase of all Merchant Deals is subject to the Merchant Deal Conditions imposed by the applicable Merchant and to the general conditions set out in clause 8.3.

   • Such Merchant Deal Conditions are displayed on the Website and may include, without limitation, the following:

     1. specified period for using the Merchant Deal;

     2. validity conditions of the Merchant Deal;

     3. redemption frequency of the Merchant Deal;

     4. limitations on use of the Merchant Deal in respect of any products, services, other offers or promotions of the Merchant or any other third party service providers;

     5. limitations on the use of the Merchant Deal in respect of particular charges or fees imposed by a Merchant in relation to a product or service, including any charges in relation to taxes, other government imposts, delivery cost of products, administrative fees of a Merchant and so on; and

     6. limitations or exclusions on or charges or fees for cancellation of any products or services offered through or in connection with the Merchant Deal.

   • The general conditions applicable to all Merchant Deals are as follows:

     1. the purchase of a Merchant Deal must be made only during the time the Merchant Deal is offered for purchase on the Website;

     2. the price of a Merchant Deal is specified in Australian dollars and is set by the Merchant.  The price is inclusive of GST, where applicable.  If you purchase a Merchant Deal from outside of Australia, you do so at your own risk and will be responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of the same;

     3. payment for the purchase must be made by way of the Payment Facility on an upfront basis on submission of the order for the Merchant Deal;

     4. the purchase will only be confirmed, and payment will only be taken, by the Provider if the Reserve Quantity for the Merchant Deal is met.  Confirmation will be made by way of a Confirmation Email sent to the email address specified in your Member Account.  The Confirmation Email will further request you to download or save on your personal device evidence of your purchase, being a Voucher containing:

        1. the Unique Voucher Code for the purchase;

        2. the Merchant Deal start date, Merchant Deal expiry date and the duration in which the Merchant Deal may be redeemed; and

        3. the amount deducted by the Provider in respect of the Purchase;

     5. you are required to print or save the Voucher immediately on receiving the Confirmation Email and store the Voucher in a safe place. You are also required to safeguard the confidentiality of your Member Account and any passwords thereof. Neither the Provider nor the Merchant shall be responsible for any failure to print or save the Voucher, or for lost or stolen Unique Voucher Code occurring subsequent to the Confirmation Email;

     6. you acknowledge and agree that:

        1. you must only use the Unique Voucher Code for a single purchase;

        2. any attempts by you to reproduce or use duplicate Unique Voucher Codes for more than one purchase will result in a breach of these Terms, which will render you liable for any direct, indirect or special loss or damage suffered by the Provider;

        3. you are strictly prohibited from selling or trading in any way your Unique Voucher Code or to exchange or redeem your purchase for cash or credit or for another Merchant Deal;

        4. you may only purchase a Merchant Deal in compliance with the law.  This means that if you are not entitled to purchase or use a product or service offered by a Merchant under the Merchant Deal, you are strictly prohibited from doing so; and

        5. unless otherwise required by the Provider under applicable law, no refunds or exchanges may be made in respect of your purchase of any Merchant Deals for any reason and any requests for refunds or exchanges may only be directed to the applicable Merchant with such requests being a matter entirely between you and the applicable Merchant.

   • You should also be aware that for Merchant Deals relating to services, such services are subject to availability and you may be required to make a booking confirmation in advance directly with the Merchant as part of the Merchant Deal Conditions and that any preferred days or times for such services may not be guaranteed by the Merchant. For Merchant Deals relating to products, you may be required to collect the products from a specified location or to pay additional delivery charges for the products to be delivered to you.

   • To the extent that your decision to purchase a Merchant Deal may be influenced by any Merchant Deal Conditions and/or any general conditions contained herein, you hereby acknowledge and agree:

     1. that you bear the sole and exclusive responsibility to ensure that you have read and understood, and acknowledge and agree to, all such conditions prior to the purchase of the Merchant Deal; and

     2. that all Merchant Deal Conditions are imposed by the relevant Merchant.  Accordingly, to the extent permitted by law, you will not hold the Provider legally or otherwise responsible for a Merchant’s failure to comply with the Merchant Deal Conditions or the Merchant’s revisions of the same where such revisions have not been made known to the Provider.

9. ONLINE PAYMENT

   • Payments for Merchant Deals are made using Payment Facility supplied by third party providers through secure platforms.  While the Provider shall use its best efforts to ensure that only reputable third party providers are engaged, the Provider has no influence or control over the Payment Facility payment process.  Accordingly, you hereby acknowledge and agree that:

     1. any submission or provision of information (including provision of credit card information) by you through or in connection with the Payment Facility is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, 'hacking' or other unauthorized access of such information through the Payment Facility by any unauthorised third parties; and

     2. you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the Payment Facility are correct.  The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of its control.

   • Subject to the other provisions of this clause 9, if for any reason the Provider is held to be liable to you for any errors or omissions arising in relation to the Payment Facility, the extent of the Provider’s total liability shall be limited only to the amount charged through the Payment Facility for the specific transaction which is the subject matter of your claim.

10. DATA AND CONTENT INPUT

    • For the purposes of this clause, “User Content” means any and all:

      1. any data submitted when you become a Member or contained in your Member Account (“Member Data”); and

      2. any other statements or content you post, email, transmit or otherwise make available through or in connection with the Website.

    • You are solely and entirely responsible for your User Content. All Member Data must be true, accurate, current and complete in all respects.

    • You are required to update any changes to your Member Data as soon as practicable.

    • You must not not post, email, transmit or otherwise make available through or in connection with the Website any User Content, including statements made with respect to Merchants or products and services offered by Merchants, that:

      1. is incorrect, untruthful, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

      2. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

      4. comprises unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

      6. purports to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.

    • The Provider:

      1. shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the Website; and

      2. may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

         1. comply with legal process;

         2. enforce these Terms;or

         3. protect the rights, property, or personal safety of the Website, other Users and/or the public.

    • The Provider does not claim ownership of any User Content you submit or post through or in connection with the Website.  However, with respect to such User Content, you hereby agree that you shall grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (“Licence”) to use, distribute, reproduce, modify, adapt, publicly display the said User Content on the Website, in whole or in part, and to incorporate the data or material into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:

      1. providing and promoting specific Website initiatives;

      2. compiling statistical references for improvement of the Website or for use with any other initiatives, including initiatives by the Provider, any affiliates or any third parties;  and

      3. any other commercial or non-commercial ventures of the Provider or such affiliates or third parties.

11. EXCLUSIONS OF LIABILITY AND INDEMNITY

    • You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, contractors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, business, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:

      1. the accessing of, or the inability to access, the Website, or the use of, or the inability to use, the Website or the Services;

      2. unauthorised access to or alteration of your transmissions or data;

      3. any other matter relating to the Website or the Services;

      4. your purchase and participation, or non-participation, of the Merchant Deal and/or your use or non-use of any products or services of the Merchant; and

      5. any other dealings or communications with the Merchants.

    • To the fullest extent of the law:

      1. the Provider expressly disclaims all conditions, warranties, representations, liabilities and obligations of any kind, whether express or implied, including, but not limited to any conditions or warranties of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any product or service or the value of the promotion or package offered by a Merchant under any Merchant Deals; and

      2. all claims made in respect of any loss or damages suffered by you in respect of such products or services or in respect of your purchase of, or the Merchant’s failure to honour, a Merchant Deal may only be made against the Merchant and/or its subsidiaries, affiliates, co-branders, agents, officers, contractors and employees.

    • Subject to the other provisions of this clause 11 herein, if for any reason the Provider is held to be liable to you in relation to any of the aforesaid, the extent of the Provider’s total liability shall be limited to the refund of an amount equivalent to the price for the Merchant Deal paid by you.

    • You further agree to fully indemnify, defend and hold the Provider, its subsidiaries, affiliates, co-branders, agents, officers, contractors and employees harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in a Merchant Deal or the use or non-use of any products or services of the Merchant by any other persons.

12. INTELLECTUAL PROPERTY RIGHTS

    • All Intellectual Property rights, including names, logos, trademarks, designs, drawings, source codes, techniques and concepts, embodied in, or present in relation to, the Website or the Content, are the proprietary rights of, and are, and shall remain, owned or controlled by, the Provider, the relevant Merchant or their licensors.

    • You hereby acknowledge and agree that you will receive no right, title or interest whatsoever in respect of any such Intellectual Property rights under these Terms.

    • You further acknowledge and agree that:

      1. except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website or all Content contained therein, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;

      2. except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use; and

      3. except to the extent otherwise specifically authorised by the Provider, you shall not reverse engineer, decompile, copy or otherwise reproduce any part of any Intellectual Property embodied in this Website.

13. SPECIAL ADMONITION FOR INTERNATIONAL USE

    • Recognising the global nature of the Internet, you agree to comply with the provisions of these Terms in accordance with its governing law.

    • If you access the Website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

14. GENERAL PRACTICE REGARDING USE AND STORAGE

    • You expressly acknowledge and agree that:

      1. the Providermay establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that Content submitted by you will be retained on the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access the Website in a given period of time;

      2. the Providerhas no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Website; and

      3. the Provider reserves the right to modify these general practices and limits from time to time.

15. SUSPENSION AND TERMINATION

    • You agree that the Provider may, at its sole discretion, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any associated Member Account, profiles, works, information or contact details thereof.

    • Causes for such suspension or termination shall include, but not be limited to:

      1. inability to verify or authenticate any information you supply to the Provider in respect of your registration to become a Member of the Website;

      2. breaches or violations of these Terms or the Privacy Policy;

      3. the Provider’s belief that your actions may cause loss or damage to or otherwise unlawfully harm you, other Users, third parties or the Provider and/or its employees or contractors;

      4. requests by law enforcement or other government agencies;

      5. discontinuance of the Website (or any part thereof); and

      6. unexpected technical or security issues or problems.

    • You agree that all suspensions or terminations for cause shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such termination.

16. OFF SITE LINKS

    • The Website may provide, or third parties may provide, links to other websites or resources, including links to Merchants’ websites.

    • You understand and acknowledge the Provider no control over such websites and resources.  In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

    • You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. EMAIL POLICY

    • The Provider will not respond unless required to do so by law to any electronic mail (“Email”) sent to it which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.  The Provider reserves the right to take such action as it in its sole discretion deem fit in respect of such material.

    • All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at info@tightassdeals.comand state your name, address and, if applicable, a contact telephone number, in your Email.  Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.

    • The Provider will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate, the Provider will endeavour to respond to all Emails within 3 days of receipt, but it cannot and does not guarantee to respond to any Emails.

18. PRIVACY POLICY

    • The Provider’s Privacy Policy may be found atwww.tightassdeals.com.au, which is incorporated into these Terms by this reference.

19. MODIFICATIONS

    • The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any services herein, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.

    • These Terms:

      1. constitute the entire agreement between the parties as to its subject matter;

      2. in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by a party; and

      3. may be amended from time to time by the Provider without any prior notice to you.

    • The most current version of these Terms as posted on this page shall supersede all previous versions.

    • It is your responsibility to check regularly to determine whether a new version of the aforesaid documents has been uploaded.  You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to these Terms.  Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by these Terms, as amended.

20. ASSIGNMENT AND SUBCONTRACTING

    • The Provider may assign or subcontract its rights and obligations contained in any part of these Terms to any associated entities, related parties or any third parties at any time without the prior written consent of the User.

21. NOTICES

    • A party notifying or giving notice under these Terms must give notice:

      1. in writing;

      2. if addressed to the Provider, to the postal or email address listed on www.tightassdeals.com.au or any other address as updated by the Provider from time to time; and

      3. if addressed to you, to the postal or email address specified in your Member Account, as updated by you from time to time.

    • A notice given in accordance with this clause is received:

      1. If left at the recipient's address, on the date of delivery;

      2. if sent by prepaid post, 3 days after the date of posting; and

      3. if sent by email, when the sender does not receive any failed delivery email notification from either its, or the recipient’s, mail server within 2 days after the date of the email.

22. GOVERNING LAW

    • These Terms is governed by the laws applicable in the state of Victoria and each party submits to the exclusive jurisdiction of the courts of that state.

23. READING DOWN

    • If part or all of any clause of these Terms is illegal, invalid or unenforceable:

      1. it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and

      2. it will be severed from these Terms and the remaining provisions of these Terms will continue to have full force and effect, and the parties will attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' original intention in relation to the subject matter severed.