Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Terms and Conditions: (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Site regarding the use of the Service.
Site:(also referred to as either “Website”, “We”, “Us” or “Our” in this Agreement) means The Bargain Avenue, accessible from https://TheBargainAvenue.com.au
You: means the individual accessing or using the Service, or the Site, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Merchants: also referred to as advertisers, stores, shops, retailers, agencies, businesses, brands or third parties accessing or using the Service.
Country: Australia and State: NSW
Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service: refers to the services our Site provides.
Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Site. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Site does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Site. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Site and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent from Us.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings on the Service. The offerings available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including features and functionalities of the Site, prices, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Content and Links to Other Websites
The content and other material related to this Site are protected under applicable Intellectual Property Rights. The copying, printing, downloading, redistribution, use or publication for commercial &/or resale purposes by you of any part of the Site is prohibited. The viewing, printing or downloading of any content, including, but not limited to text & graphics is only available for nonexclusive license for use solely by you for personal, noncommercial purposes. We are not liable for compensatory,indirect, incidental or consequential damages , including but not limited to product liability, damage or loss of items, delivery failure through any published content in our website.
Our Service may contain links to third-party web sites or services including affiliate links that are not owned or controlled by the Site. The Site has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We reserve the right to alter or remove any content or links from this site at our own discretion. You further acknowledge and agree that the Site 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Merchants that promote non-family friendly content, adult content, pornography, racism, violence, terrorism or any illegal activity are prohibited to join and we will reject any site that joins deemed incompatible to our branding.
Our site or it’s domain pointers neither endorses or guarantees any offers from the third party providers or merchants and is not liable for the failure of their products and services. We publish content including deals and offers and coupon codes (or promo codes or voucher codes or discount codes). Codes are sourced from merchants directly or either found on the internet by our team or submitted by users. These offer are added either by our team or by the advertisers. We are not responsible for any misleading information from advertisers relating to purchases made through links from this Site or damages from the use of offers, products, services and deals listed in the Site and purchasable at the third party website. We are not responsible for any claims by users regarding orders fulfilled at the merchants sites or third party sites and for orders using invalid coupons, deals or offers, expired coupons and deals or improper use of coupons and deals. Any claims to us regarding those offers are deemed invalid. Codes have to be entered at merchants’ websites and need to be validated, else you will not get the extra discount. Please check the validity of offers and coupons at Merchant’s website before using them. The offers and coupons can change at merchant’s website at any time – we don’t have full control on offers, however we (our team and our partnered merchants) strive to keep the offers accurate. Please read our Terms of Use and also the merchants’ before participating in any offer or deal or coupon in this site.
When you post content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the Content, and that to the best of your knowledge, the Content complies with all applicable laws. You are responsible for the Content that you post, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You understand and agree that we do not review Content prior to your posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content. Also this website is not moderated fully. As there are so many submissions made everyday, we cannot track and monitor every submission. We are not responsible for the legality of such information. We are not obliged to monitor Content. We will investigate and appropriately take down the content after we receive a violation request or request related to content rights. We reserve the right to remove or modify Content or links from this site at our own discretion. By submitting content to our website, you also agree to us using the content for any marketing, promotional and branding purposes including but not limited to emails, social media sharing.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Site and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Site or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Site or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Site, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Site provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Site nor any of the Site’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Site are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Site.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
These terms were last updated on October 7, 2023. We may update our Terms and Conditions from time to time. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You are advised to review this Terms periodically for any changes. Changes to this Terms are effective when they are posted on this page.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
This site is operated by AdAvenue Media Pty Ltd in NSW, Australia.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
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