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Terms and Conditions

TERMS AND CONDITIONS OF ADVERTISING On

Voupons Pty Ltd. ABN: 19 152 969 689 ACN: 152 696 689

Advertising space onVoupons.com.au TM

1. (a) Advertiser must pay with the methods advised before the ad appears.

(b) Advertiser must pay to Voupons all money owing without deduction or setoff.

2. Voupons must exercise reasonable care to ensure that the copy and listings are correct.

3. The Advertiser warrants to Voupons that all material including copy and illustrations supplied by the Advertiser to Voupons:

(a) is true, correct and not misleading in any particular;

(b) does not contain anything that is defamatory of any person or corporation;

(c) does not infringe intellectual or industrial property rights of any third party.

4. The Advertiser must indemnify and keep indemnified Voupons and each Outlet, against all Claims arising from any breach of this Agreement.

5. (a) This Agreement is governed by the laws applicable in Qld

(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Qld

(c) A variation of any term of this Agreement must be in writing and signed by the parties.

(d) This Agreement constitutes the entire agreement between the parties withrespect to the subject matter of it and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers.

(e) Voupons may by notice in writing to the Advertiser terminate this Agreement effective at any time and upon Voupons refunding all money then owing, Advertiser has no Claim against Voupons in respect thereof. The Advertiser has no right to terminate this agreement.

(f) Neither party shall, after the date of execution of this Agreement, be entitled, as against the other party or the officers of any party, to bring suit on the basis of any verbal or written communications, representations, inducements, undertakings, agreements or arrangements except expressly as provided by this Agreement.

(g) The Advertiser must notify Voupons within 14 days after the commencement of any campaign if it has any reason to believe the campaign has not started on time or at all. A certificate signed by a General Manager of Voupons is conclusive evidence that the advertising has taken place. If any part of a campaign is late in commencement a pro rata credit will be given by Voupons to the Advertiser.

6. (a) Voupons does not exclude or limit the application of any provision of any statute {including the Trade Practices Act 1974 (Cth)} where to do so would contravene that statute or cause any part of this Agreement to be void.

(b) Voupons excludes:

(i) from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Conditions");

(ii) all liability to Advertiser in contract for consequential or indirect damages arising out of or in connection with this Agreement even if: Voupons knew they were possible; or they were otherwise foreseeable; including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer or advertiser; and

(iii) all liability to Advertiser in negligence for acts or omissions of Voupons, its employees, agents and contractors arising out of or in connection with this Agreement.

(c) Voupons' liability to Advertiser for breach of any non-excludable limited at Voupons' option, to any one of supplying, replacing or repairing the goods or supplying again the service, in respect of which the breach occurred.

(d) Voupons' liability to Advertiser under or in relation to this Agreement is limited intotal to the cost of the campaign mentioned above.

7. This Agreement, although signed by a sales representative of Voupons, is not binding on Voupons until accepted by its execution by a Administration Manager or other executive officer of Voupons and acceptance communicated by posting an invoice to the Advertiser. If it is not so accepted then Voupons must refund any Advance Payment made.

8. "Claim" in this Agreement means in relation to any person or corporation, a claim, action, proceeding, damage, loss, cost, expense or liability incurred by or to or made or recovered by or against the person or corporation, however arising and whether present, unascertained, immediate, future or contingent.

9. Authorisation

The Advertiser and the guarantor (if any) acknowledge that the Privacy Act 1988(Commonwealth) allows Voupons to give a credit reporting agency certain personal information about the Advertiser and the guarantors (if any) and the Advertiser and the guarantors (if any) agree that Voupons may obtain a report about the Advertisers and the guarantors (if any) consumer or commercial credit worthiness and may do so from a credit reporting agency for the purpose of collecting any overdue payments.

10. Advertiser:

(The advertiser hereby warrants that he/she is duly authorised to enter into this Agreement and acknowledges having read and understood the terms and conditions set out above and having received a copy of this Agreement).

11. Free Trial: The trial only lasts as long as the $105 worth text message credits (SMS). Voupons reservs the right to end the free trial after a 6 month period. Voupons will give the business the right to perchase more text message credits to continue using Voupons.

Voupons Privacy Statement

When you register with Voupons:

One of the main benefits provided to users by Voupons is the ability to receive coupons delivered directly to their Mobile Phone. The Voupons registration form requires users to give us contact information (such as their name, email address and post code). We use this customer contact information from the registration form to periodically send the users links to online Voupons, special offers and promotional material. Users may opt-out of receiving future emails or texts at any time; see the choice/opt-out section below. Some demographic and profile data is also collected at our site, including the categories of Voupons and special deals that are of interest to our visitors. Also see our exciting Voupon Alerts, you have the option to opt-in and out as you please.

Information collection:

Our site uses cookies to keep track of Voupons member accounts. This allows us to direct members to their Personal Pages (set up free for Voupons members) and to provide the specific content members have requested, both by category and by geography and for other purposes. We also use cookies to track and collect aggregate usage and performance data for businesses that advertise with us. Visitors can reject cookies by changing the settings on their browser. Businesses attempting to advertise with us on our site will be unable to do so if they reject cookies.

Monitoring

The Company may elect to monitor areas of communication

(i) to satisfy any applicable law or regulation;

(ii) to comply with any law enforcement or governmental agency requests;

(iii) to protect the right or property of the Company and/or any clients or

(iv) where such monitoring is necessary or appropriate in order for the Company to operate its business.

Partner sites:

This site contains links to other sites. www.voupons.com is not responsible for the privacy practices or the content of such websites. We do not sell or in any way provide these sites with email addresses or specific user information of any kind.

Choice/Opt-Out:

Our site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service email us.

Weekly Deals:

A shopper must only send the weekly deal to their phone if they intened to use that special

Contacting the Website:

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, please contact : info@voupons.com.au


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