The Canowindra Phoenix (“Publisher”) is the operator of the Reader’s Offer at this website. By accessing or purchasing the Offer, you agree to be bound by and accept the following terms and conditions (“Reader’s Offer/s Terms and Conditions“):
1. DESCRIPTION OF SERVICE
The Publishers provides users with access to a range of deals and offers (“Third Party Offers”) that are created, offered and supplied by third party or advertisers that the Publisher has partnered with (each a “Third Party Advertiser”). The Publisher aggregates and publishes the Third Party Offers at it’s website and in periodic email communications (“Emails”). You understand and agree that the Publisher does not offer or supply any of the Third Party Offers that you see on their website or in the Emails.
2. USER REPRESENTATIONS
You represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal right and ability to enter into a legally binding agreement with the Publisher; and (iii) you will use their website in accordance with these Terms and Conditions.
The Publisher reserves the right to modify these Terms and Conditions from time to time. Such modifications will be effective immediately upon publication on their website. Your continued use of their website, Emails or any of the materials contained on their website, following such publication will be deemed your conclusive acceptance of the modified Terms and Conditions.
4. RESTRICTIONS ON USE
You agree to use the Third Party Offers in the spirit with which they are offered, and solely for your own personal and non-commercial use. Any fraudulent, illegal or unauthorised use of the Third Party Offers or the Publisher’s website shall constitute a breach of these Terms and Conditions. You agree that in such cases, the Publisher may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. REGISTRATION AND ACCOUNT
In order to access or purchase the Third Party Offers, you are required to provide your details on the Publisher’s website by completing the registration form in the manner described on the website. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data“). The Publisher reserves the right to refuse you access to the Third Party Offers, if at any time you: (a) breach these Terms and Conditions; (b) The Publishers considers such action necessary to comply with any requirements of the law; or (c) you have accessed, or are attempted to access the Third Party Offers in a fraudulent or illegal manner. If the Publisher ceases your access in accordance with this clause, the Publisher will not be liable for any loss or damage suffered by you or any third party for doing so.
7. RESPONSIBILITY FOR THIRD PARTY OFFERS
7.1 You acknowledge that the Third Party Offers are created, offered and supplied by the Third Party Advertisers, not the Publisher. The Third Party Advertiser is solely responsible for any Third Party Offer that you purchase, including but not limited to issuing a voucher for the Third Party Offer, ensuring delivery and fulfillment of the voucher, providing the underlying product or service and responding to your complaints or enquiries.
7.2 The Publisher does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Third Party Offer or any products, services, content, material, statement or representation contained in any Third Party Offer, including but not limited to information relating to pricing, the description of the product or service, availability of the Third Party Offer or its fitness for purpose. The Publisher recommends that you review the relevant details of the Third Party Offer on the Third Party Advertiser’s own website, or by contacting them directly, before making a purchase.
7.3 The display of a Third Party Offer on the Publisher’s website or in an Email does not constitute or imply the Publisher’s endorsement, sponsorship or recommendation of the Third Party Advertiser, the Third Party Offer or the quality of any product or service that is the subject of the Third Party Offer. The Publisher reserves the right to remove any Third Party Offer from their website, at any time and for any reason.
7.4 Your participation in any Third Party Offer, including delivery of related goods or services, and any terms, conditions, and warranties or representations associated with such Third Party Offers, are solely between you and the Third Party Advertiser. You assume all risks arising out of or resulting from your accessing or purchasing Third Party Offer, and you agree that the Publisher is not responsible or liable for any loss, damage or expense suffered by you as a result of a Third Party Offer.
8. DISCLAIMER OF WARRANTIES
You expressly understand and agree that, to the maximum extent permitted by law: (a) your use of the Publisher’s website is at your sole risk. The Publisher’s website is provided on an “as is” and “as available” basis; (b) the Publisher and its related entities, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) their website will meet your requirements; (ii) their website will be uninterrupted, timely, secure or error-free; (iii) the information that may be obtained from their website will be accurate or reliable; and (iv) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Publisher’s website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and (d) subject to the application of any consumer guarantees to a supply of goods or services by the Publisher to you, no advice or information, whether oral or written, obtained by you from the Publisher or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions.
9. LIMITATION OF LIABILITY
Subject to any statutory consumer guarantees that apply under the Australian Consumer Law, the Publisher does not give any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to any Third Party Offers including the products or services the subject of the Third Party Offer, any Third Party Advertiser or your use of the Publisher’s website. Subject to any applicable claims under the Australian Consumer Law, the Publisher, its related entities, affiliates and associated agencies are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with: (i) any Third Party Offer, including the products or services that are the subject of a Third Party Offer; (ii) any statement, conduct, act, omission, performance or non-performance (whether negligent or not) of any Third Party Advertiser; (iii) your use of the Publisher’s website or any failure or delay including, but not limited to, the use or inability to use any component of the Publisher’s website; (v) any interference with or damage to your computer systems which occurs in connection with use of the Publisher’s website or an external website; (vi) any unauthorised access to or alteration of your registered information.
10. LIABILITY, RELEASE AND INDEMNIFICATION
10.1 You release and discharge and will at all times indemnify, and keep indemnified, the Publisher and its directors, officers, employees, agents, related entities and affiliates (“Released Parties“), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by the Publisher as a result of any claim, demand, suit, action or proceeding by any third party against you or the Publisher that arises out of or in connection with: (i) your use of their website; or (ii) any violation of these Terms and Conditions or any terms and conditions specified for a Third Party Offer; or (iii) any activity related to your registered information at the Publisher’s website (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct).
10.2 You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of the Publisher and its related entities, affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
11. INTELLECTUAL PROPERTY
11.1 The Publisher reserves all intellectual property rights, including but not limited to, copyright in information, materials and/or services provided by the Publisher (except for Third Party Offers). Nothing in these Terms and Conditions gives you a right to use any of the Publisher’s marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2 Trade marks and logos used on the Publisher’s webstie that are owned by third parties, including Third Party Advertisers, are used with permission and remain the intellectual property of those third parties.
12. LINKS TO OTHER WEBSITES
The Publisher’s website contains links to other websites, including websites operated by Third Party Advertisers. The Publisher is not responsible for and does not control the content of any website linked to or from their own website. Any links to other websites are for your convenience only and the Publisher makes no warranty or representation regarding and does not endorse such websites or any content appearing on such websites. The Publisher disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites. The Publisher neither warrants nor represents that your use of any materials on linked websites will not infringe the rights of any third parties.
13. GENERAL TERMS
13.1 These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
13.2 If any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will, subject to being enforced to the maximum extent permissible by law so as to give effect to the intent of the Terms and Conditions, be severed and the remainder of these Terms and Conditions will continue in full force and effect.
13.3 These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you. The Publisher may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
13.4 Any failure by the Publisher to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any of its rights, benefits or other privileges pursuant to that or any other provision. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions