The following User Agreement is offered by Dealsealer to access our services. Please read through this agreement and only accept if you agree with the terms and conditions outlined below.
Welcome to Dealsealer PTY LTD's User Agreement.
Dealsealer reserves the right to change this agreement at any time in our discretion by posting the amended terms on our website. Any amendments made to this user agreement will be posted on our blog. If you do not agree with such changes, you must terminate your membership with Dealsealer. This agreement is effective from 1st March 2013.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age. Only Australian businesses with a qualified and registered Australian Business Number/Australian Company Number and/or required licences are eligible to register for a Dealsealer "Seller" account. Temporarily or indefinitely suspended Dealsealer members are also ineligible to use our services. If you do not qualify, please do not use our services. Your Dealsealer account may not be transferred or sold to another party.
Fees and Services.
Joining Dealsealer.com.au as a "Buyer Only" account and requesting products and services is free. "Seller Accounts" that allow a business to make offers on requests have associated subscription models for tiers above the 'free' level. These subscription fees are outlined within the site. You will also have the opportunity to review fees upon your subscription upgrade confirmation screen.
Sellers are responsible for paying all fees associated with their memberships and using our service and our Site and all applicable taxes (including any goods and services or value added taxes). Unless otherwise stated, all fees are quoted in Australian Dollars.
3.1 Offers and Instant Deals.
The Dealsealer website acts as a venue to allow members to request, offer, sell, and buy products and or services, at anytime, from anywhere in Australia. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.
3.2 User feedback.
To help users evaluate other members on the site, Dealsealer features a user-generated feedback and and automated badge/achievement system to give users a better idea on the quality of other members. Dealsealer also strongly encourages members to communicate directly and openly with potential trading partners through the tools available on the Site.
Because we are not directly involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Dealsealer (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control.
From time to time, Dealsealer will send you communications and notifications regarding transactions you have made on the site, as well as any other relevant account information. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). Dealsealer does not pre-endorse or approve the items, information or content provided by other users made available through our system, although we do take steps in removing any unlawful, illegal or offensive products and/or services that breach the Terms & Conditions of use. That being said, you may still find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense.
Accepting Offers and/or Instant Deals
If you "Seal the Deal" on a submitted offer as a prospective buyer, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or this User Agreement. By sealing a deal, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this agreement or unlawful.
Making Offers and listing Instant Deals.
5.1 Offer/Instant Deal Descriptions.
You must be legally able to sell the product / service you offer for sale on our Site. Your product/service must be described in sufficient details including all terms of sale on the appropriate offer page of our Site. Your offer may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. At any one time you may not promote identical items in more than ten (10) online Instant Deal listings on our Site.
5.2 Fraud. Without limiting any other remedies available to Dealsealer at law, in equity or under this Agreement, Dealsealer may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
“Your Information” is defined as any information you provide to us or other users in the registration, request or offer/instant deal listing process, in any public message (including the feedback area) or through any email feature. Your Information includes the descriptions of products/services you request or offer for sale or display on our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (including but not limited to any offers listed) must not:
be false, inaccurate or misleading;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
be obscene, adult in nature or harmful to persons under the age of 18 years or contain child pornography;
be live animal or wildlife productsm including live animals, mounted specimens and ivory.
contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au);
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this Agreement; or
you do not have a right to link to or include
Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy or 'scrape' our web pages or the content contained herein without our prior expressed written permission.
You may not take any actions that may undermine the integrity of the feedback system. Dealsealer monitors user feedback and proactively suspends accounts that we deem have received overly negative feedback.
Without limiting other remedies available to Dealsealer at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
we are unable to verify or authenticate any information you provide to us; or
we believe that your actions may cause legal liability for you, our users or us.
You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Dealsealer have no responsibility for the legality of the actions of users of the website or Dealsealer services.
Dealsealer Pty Ltd excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Dealsealer's liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Dealsealer's option, to the re-supply of the relevant Dealsealer service or a refund in accordance with the Refund Policy published below.
As a user of the website, you expressly agree and acknowledge that in no circumstances will Dealsealer be liable to you for any incidental, indirect, special and/or losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Dealsealer) which result from:
the use or access to or any inability to use or access the website or any material on the website;
unauthorised access to your user account, or internet transmissions or data; or
statements or conduct of any third party on the website.
Excluding liability for negligence the maximum liability of Dealsealer is equivalent to the total of any amounts you have paid to Dealsealer in respect of goods or services supplied to you by Dealsealer or $500, whichever is less.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors,agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
You and Dealsealer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any claim or controversy arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
Paying businesses can access upgrade subscriptions on the website. Paying businesses agree that membership is non-refundable at the time that payment is made.
If you are dissatisfied with the website or Dealsealer services you are able to discontinue using the website, and as such membership fees or other payments you have made to Dealsealer are not subject to refunds.
In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Dealsealer.
Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same medium the payment to be refunded was made to Dealsealer intially.
Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Dealsealer may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Dealseaer may charge you costs plus any interest we incur as a result of collecting your payment.
Except as explicitly stated otherwise, any notices shall be given by email to