GENERAL TERMS

Last updated: 1st June 2016

Welcome to ourdatenite.com! 

Here are the terms and conditions (Terms) that apply to your access to and use of this Website.  By registering for, accessing and/or using the Website, you agree that you will be bound by these Terms.  Please read these Terms carefully.  If you do not accept these Terms, please refrain from using the Website.

1. Definitions:  In these Terms:

Confirmed Purchase means an Offer that has been purchased.

Content means any software, data, information, pictures, graphics and other materials published or made available on the Website, including the Third Party Content and any user generated content.

Discussion Board means an online forum where information can be viewed and shared through facilities available on the Website (including any review or feedback page for an Offer).

Goods means any goods that are offered by a Merchant through the Website.

Grace Period means the period of 20 Working Days immediately following the date of expiry specified on a Voucher.

Member means a user who has completed the registration process and created an account via the Website; and Membership has a corresponding meaning.

Merchant means any participating seller, vendor, trader, dealer, or operator of activities or attractions, that has agreed to make Goods, Services available through the Website.

Offer means an offer given by the Merchant to Members and advertised on the Website for the sale and purchase of the Merchant’s Goods and/or Services and includes Standard Offers and Product Offers; and Offered has a corresponding meaning.

Product Offer means an Offer for the purchase of Goods to be delivered by the Merchant to the purchaser of that Offer.

Purchaser means a user who has completed the purchase process by providing an e-mail address, first name and last name.

Purchase Confirmation means notification by email or other electronic means received as confirmation of the purchase of a Merchant’s Goods and/or Services pursuant to a Confirmed Purchase.

Services means any services that are offered by a Merchant through the Website.

Specific Terms means the specific terms and conditions applicable to an Offer specified in the Offer, the Voucher or the Purchase Confirmation.

Standard Offer means an Offer for the purchase of Goods or Services, which will be provided by the Merchant upon redemption of the relevant Voucher.

Subscriber means a user that has signed up to receive email communications about Offers.

Third Party Content has the meaning set out in clause 8(a).

user means any user of the Website.

Voucher means a voucher (whether in hardcopy or electronic format) that allows Purchasers (or their nominees) to be identified as purchasers of the Merchant’s Goods or Services under a Standard Offer and includes the contact details of the Merchant, a description of the Confirmed Purchase, the date of expiry of the Voucher, a unique code identifying the Purchaser and the Confirmed Purchase, and the Specific Terms.

we, us and our are a reference to ODN New Zealand Limited.

Website means (a) the website known as ourdatenite.com and located at http://ourdatenite.com/ (or such other URL designated by us); and (b) any application (for use on an electronic device) that is made available by ODN New Zealand Limited and relates to the website specified in paragraph (a) of this definition, which provides similar functionality to that website. 

Working Day means a day other than Saturday, Sunday or a public holiday in Auckland.

you and your are a reference to you.

2. Operation of Website:

(a) We operate an e-commerce platform through the Website that aggregates offers relating to a range of Goods and Services from various suppliers (restaurants, hotels, activity operators etc.) and makes those offers available for purchase.  We work with the Merchants to put together Offers we believe will appeal to Subscribers, Purchasers and Members and then promote those Offers.  If an Offer is  purchased, we co-ordinate the collection of money for the Merchants and issue to the Purchaser: 

(i) in the case of a Standard Offer, a Voucher which can be redeemed for the Goods or Services that they have purchased; or 

(ii) in the case of a Product Offer, a Purchase Confirmation of the Goods to be delivered by the Merchant to the Member. 

(b) If you purchase an offer/product from the website, or subscribe to the website by entering your e-mail address into the subscription page, we will send you e-mail communications about future offers/products.  You can opt-out of receiving email communications from us at any time by clicking the unsubscribe link in any email we send to you.

3. Conduct of users: 

You agree not to do any of the following (either directly or indirectly) while using the Website:

(b) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Website, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful.

(c) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;

(d) use, copy, reproduce, alter, modify or display in public, any Content or data from the Website;

(e) create a link to the Website from any other website without our prior consent;

(f) breach any applicable law or regulation; 

(g) defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(h) post or transmit any Content on the Website (including on any Discussion Board) that:

(i) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;

(ii) is or is reasonably likely to be unsuitable for persons under the age of 18 years;

(iii) infringes the intellectual property rights of any person;

(iv) you know or suspect to be false or misleading; or

(v)is prohibited by or violates any applicable law or regulation; or

(i) engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.

4. Terms of sale of Offers:

(a) The Merchant is the seller of the Goods or Services promoted as Offers on the Website and is solely responsible for providing any Goods or Services that you purchase under a Confirmed Purchase.  We act as an agent for the Merchant in the sale and purchase of the Goods and Services in an Offer and receive a commission from the Merchant for facilitating the Confirmed Purchase.

(b) To purchase an Offer you must be registered your e-mail address, first name and last name.

(c) By making a Confirmed Purchase, you agree to purchase the Goods or Services that are the subject of the Offer you have selected on the terms and conditions set out in these Terms and the relevant Specific Terms.

(d) When you make a Confirmed Purchase and receive a corresponding Purchase Confirmation, you form a binding contract directly with the Merchant. We are not a party to any agreement or transaction between you and a Merchant. Accordingly, you agree not to involve, or to attempt to involve, us in any dispute or in the resolution of disputes that may arise between you and a Merchant as a result of the Goods or Services provided. 

(e) Payment for the Goods or Services purchased under a Confirmed Purchase will be charged to your nominated credit card by us following Purchase Confirmation.  All transactions are billed in New Zealand dollars.

5. Vouchers:

(a) The Voucher we issue to you in respect of a Confirmed Purchase for a Standard Offer is only redeemable in respect of the Goods or Services as advertised in the relevant Standard Offer on the Website and will be subject to the terms and conditions of the Merchant whether or not these are displayed on the Website.

(b) The Voucher we provide you with will have a unique identification code and can only be redeemed once by the holder of the Voucher. Once the Voucher has been redeemed it is no longer valid.

(c) The Voucher is your sole responsibility. Neither we nor the Merchant will be responsible for damaged, lost or stolen Vouchers.

(d) Vouchers cannot be combined with any other offers, coupons, or promotions, unless otherwise specified by the Merchant. Vouchers are redeemable in their entirety only and may not be redeemable incrementally. The number of Vouchers redeemable by each Purchaser in relation to a specific Standard Offer will be determined by the Merchant.

(e) Subject to clause 5(j) of these Terms, all Vouchers will expire on the date specified on the Voucher.

(f) The use of Voucher for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law.

(g) The reproduction, sale or trade of any Voucher is prohibited unless authorised by the Merchant or otherwise done so in compliance with the law.

(h) Any attempted redemption not consistent with the Terms will render the Voucher null and void.

(i)The Voucher you are provided through us is not permitted for resale.

(j) If you present a Voucher to a Merchant: 

(i) on or before the date of expiry specified on that Voucher and the Merchant is unable to provide the relevant Goods and/or Services to you at any time on or before the relevant expiry date as requested by you, you will be able to claim those Goods and/or Services during the Grace Period; or

(ii) after the expiry date specified on that Voucher but within the Grace Period, you will be able to use that Voucher, during the Grace Period and subject to availability, towards goods and/or services supplied by that Merchant up to the value of the price you paid for the Confirmed Purchase in respect of which the Voucher was issued.

6. Security:  You must ensure that any username and password you have as a Member is kept secure and confidential and not revealed to any other person.  Any instruction issued using your username and/or password will be deemed to be an instruction by you and may be acted upon accordingly until you notify us otherwise.  You agree to notify us immediately of any unauthorised use of your username and/or password or any other breach of security.  Upon your notification we will cease to rely on that username and password.  You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.

7. Intellectual Property:  

(a) You acknowledge that the Website and any Content displayed or made available through the Website is our exclusive property or used with the express permission of the copyright and/or trade mark owner.  No Content may be reproduced, published or transmitted without our prior written consent.  Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.

(b) Our Date Nite is our trade mark. All rights in respect of these trade marks are hereby expressly reserved.  Unless otherwise indicated, all other trade marks appearing on the Website are the property of their respective owners.

8. Website Content: 

(a) We are a distributor (and not publisher) of content supplied by third parties including Merchants and other users of the Website (Third Party Content).  As a result and subject to clause 13:

(i) we do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on the Website and you acknowledge that we have not independently verified any of the information contained in the Third Party Content; and

(ii) we take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.

(b) We do not control and therefore are not responsible for any communication between you and any other user of the Website (including Merchants) that may have been initiated as a result of use of the Website.

(c) The views expressed in Third Party Content may not be our views. While we will endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through this Website at your own risk.

(d) We may at any time:

(i) refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; or

(ii) edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website.

(e) Where Content has been provided by us, it has been prepared and provided free of charge and solely for informational purposes. Subject to clause 13, we do not warrant or make any representation about any Content we have provided for informational purposes.

(f) You understand and agree that, subject to clause 13, any Content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.

9. Changes:  We reserve the right to change these Terms at any time and will update you of this by updating the "last updated" notice on this page.  By continuing to access the Website you agree to be bound by the amended Terms.  You should check from time to time to see if these Terms have changed.

10. Privacy and Personal Information:  In becoming a Subscriber, Purchaser or a Member you will provide us with certain information. You confirm that this information is current, complete and accurate at the time you provide it, and you agree to maintain and update this information as required to keep it so.  The way that we use and share your personal information is explained in our Privacy Policy.  By using the Website you are permitting us to collect, hold, use and share your personal information in accordance with our Privacy Policy.

11. Links:  The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.

12. Indemnity: You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party (including, without limit, Merchants) due to or arising out of:

(a) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your Membership details (including your username and/or password);

(b) your failure to complete any transaction that the Website may have facilitated;

(c) your breach of any of these Terms; 

(d) any content that you post on the Website (including on any Discussion Board); or

(e) any conduct of yours or any transaction entered into by you that does not comply with the relevant law.

13. Liability:  The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified.  These Terms must in all cases be read subject to those statutory provisions.  Subject to the previous paragraph you expressly understand and agree that we make no warranties that:

(a)the Website will meet your requirements; or

(b)the Website will operate uninterrupted, secure or error–free.

Further, you acknowledge that Goods or Services supplied under certain Offers may carry a degree of risk and that by accepting such Offers you are expressly assuming those risks personally.  To the fullest extent permitted by law, we exclude all responsibility and liability in relation to: 

(c)the Website, including (without limit) any errors or misstatements; or

(d)the Goods or Services supplied under an Offer (if any issue does arise, your recourse will be directly against the Merchant), 

and we will not be liable whether in contract, tort (including negligence) or otherwise for any loss or damage, accident, sickness, injury or death however caused (whether direct, indirect, consequential, special or loss of profits) that you or anyone else may suffer or incur arising out of or in connection with the Website, these Terms and/or any Goods or Services.  Where any such liability cannot be excluded then, subject to the first sentence of this clause 13, we limit our liability to the greater of $50 or the price you have paid for the Confirmed Purchase.

14. Severability:  If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

15. Dispute Resolution:  Where any dispute arises between you and another user of the Website (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.

16. Termination:  You may stop using the Website and/or terminate your Membership or Subscription at any time.  We may cease operating the Website or terminate your access to the Website and/or your Membership or Subscription at any time.  Without limiting the foregoing, we have the right to immediately terminate your Membership or Subscription in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by you to comply with any of these Terms. Any Confirmed Purchase you have made prior to such termination will either, at our sole discretion: (a) remain valid subject to the relevant Specific Terms; or (b) be fully refunded to you.  To avoid doubt, a failure to pay for any Confirmed Purchase shall be considered a material breach of these Terms.

17. Law:  These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.

18. Contact:  If you have any questions or concerns in relation to the Website or these Terms, please contact us at info@ourdatenite.com.