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Important – please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms and Conditions. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service. The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and POKETDEAL (the “Company”) a trademark of CREATICK INTERNATIONAL.
In order to use the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. By using the mobile applications supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable the Service (each as defined below), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at PoketDeal.com or through the Application.
The following terms shall have the following respective meanings:
2.1 “Merchant” means a third party who shall supply or provide the goods and/or services for which a Voucher/ Coupon/ Ticket can be redeemed.
2.2 “Purchase” means the purchase of a Service/ Product through the Application only.
2.3 “Register” means creating an account on the Application.
2.4 “Service” or “Services” means all and any of the services provided by the Company via the Website or application, including but not limited to the information services, content and transaction capabilities on the Website or Application and the availability to make a Purchase.
2.5 “Deal” or “Deals” means all kind of offers for an individual or group from the merchants on particular services or products.
2.6 “Discount” means a reduction in usual price published in the menu card or rate chart on total bill (conditions may apply) offered by the merchants on their services or goods.
2.7 “Event” or “Events” means an activity that is planned for entertainment purpose by us or other merchant or companies, for example, a sport, party, trade show, concert, live show, gala dinner or any other related program hosted or organized or only for ticket selling via application.
2.8 “Voucher” or “Vouchers” means a service or product or ticket or pass purchased by the user through the Application to exchange or redeem for the Voucher Products from a particular or relevant Merchant.
2.9 “Voucher Products” means the products and/or services/ entry pass to be supplied and/or provided by the Merchant.
2.10 “Reward Point” means the point awarded upon each transaction mentioned or declared with the deals or discount or event listings and can be used or redeemed in future for purchasing vouchers.
2.11 “Charity Point” means the accumulated points of all users which will be added automatically in the section upon each successful transaction and will be used for social work with the presence of the user in different areas quarterly or half yearly.
2.12 “Website” refers to PoketDeal.com, and all their related landing pages or microsites and their mobile app or application / mobile web equivalents.
3. REGISTRATION AND USER REQUIREMENTS & OBLIGATIONS
3.1 You must be a registered member to make orders and access certain features of the Website.
3.2 You will provide us with personal information including your name, address, phone number and a valid email address. You must ensure this information is accurate and current.
3.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.5 If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately (firstname.lastname@example.org). If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Website and/or any of the Services.
3.6 We are not liable for any unauthorized use of your account.
3.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your notification bar if you leave the page during a transaction.
3.8 To register an account and use the Website you must be at least 18 years old, and have capacity to enter into a legally binding agreement with us.
3.9 Only one session or login is allowed at a time.
3.10 You need a mobile device to sign up and use all the functions of the app. You cannot access your account from the website.
3.11 You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
3.12 Without limitation, you undertake not to use or permit anyone else to use the Services and/or Website:
3.13 You are prohibited to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); to cause annoyance, inconvenience or needless anxiety; to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; for a purpose other than which we have designed them or intended them to be used; for any fraudulent purpose.
3.14 You cannot resale of any Voucher;
3.15 You cannot engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
4. USE OF THE WEBSITE
4.1 Place: The Website and/or the availability of the Services and/or any Purchase are directed solely to those who access the Website from the cities that are listed on the Website. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Website (including the use of the Services and/or to make a Purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
4.2 Eligibility: To use the Website, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over.
4.3 Scope: The availability of the Website, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
4.4 Prohibitions and Prevention of usage: You shall not misuse the Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Website, the Services (or any part of them) and/or from making any Purchase.
4.4 Equipment: Your agreement to use the Services, the Website and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
5. ACCESS TO THE SITE
PoketDeal retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. WEBSITE CHANGES
6.1 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
6.2 We will use reasonable efforts to allow uninterrupted access to the Services and the Website, however we shall not be held liable in the event access to the Services and the Website may be suspended, restricted or terminated at any time.
6.2 We may in our sole discretion terminate your account or restrict your access to the Website.
If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those vouchers that you had previously purchased through the Website.
7. SUSPENSION AND TERMINATION
7.1 If you (or any other third party authorized by you) use the Website, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the Website (in whole or in part) and/or the redemption of a Voucher.
7.2 Upon suspension of usage, we may refuse to restore the Services or Website or Voucher until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms and Conditions.
7.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
7.4 if we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person your account may be suspended.
7.5 The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.
8. ACCESS AND USE OF OUR SOCIAL MEDIA PAGES
8.1 We will not be held responsible for third party posts on our social media pages. You will be responsible for content you post on our social media pages, and you must not post content that:
8.1.2 Is defamatory or in contempt of legal proceedings;
8.1.3 Is misleading or deceptive;
8.1.4 That is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
8.1.5 Contains religious or political material;
8.1.6 Is indecent, obscene or pornographic;
8.1.7 Infringes any third party intellectual property rights;
8.1.8 Contains any promotional or advertising material;
8.1.9. Contains or links to computer viruses, malware, spyware or similar software.
9. SOCIAL MEDIA AND CONTENT
9.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
9.2 You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
9.3 As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
9.3.1 you do not have the right to post;
9.3.2 is defamatory or in contempt of any legal or other proceedings;
9.3.3 is misleading or deceptive;
9.3.4 incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
9.3.5 denounces religious or political beliefs;
9.3.6 includes religious or political material which is or is likely to be offensive;
9.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
9.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;
9.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
9.3.10 impersonates any person or misrepresents your relationship with any person.
9.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
9.5 You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
10. TERMS & CONDITION MODIFICATION
You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website and/or Services or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms and Conditions by you or authorized users of your account.
12. YOUR PRIVACY
13.1 We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
13.2 You are free to select or click on advertised goods and services or not as you see fit.
13.3 Any advertisements may be delivered on our behalf by a third-party advertising company.
14. PURCHASES AND PAYMENT
14.1 You may pay cash at merchant point if the option is available for the merchant.
14.2 You may pay through the reward point (not partial bill) if the option is available for the merchant.
14.3 If the option is available for the merchant you can pay online. The third-party payment gateway service allows transactions to be made online according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking/ mobile banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
14.4 A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listen on each item on the Website and/or on the Merchant’s price list is mutually agreed upon transacting.
14.5 Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the “Payment” page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
14.6 PoketDeal does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. PoketDeal reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, PoketDeal will attempt to notify you by email. In addition, PoketDeal reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
14.7 If an offer becomes unavailable between ordering and processing, PoketDeal will either cancel or not process the order.
14.9 The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in PoketDeal’s discretion, without notice.
15. REFUNDS (THIS PART IS NOT COMPLETE YET)
All transactions which are conducted are non-refundable in the case of partially used credits or unclaimed purchases. In cases whereby, you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in Reward Point. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of the Company.
16.1 All service products are offered by merchants subject to availability. For all products that require bookings (mentioned in terms & conditions), we recommend making bookings at least THREE (3) weeks in advance by calling the merchant directly. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).
16.2 We do not guarantee that services will be available at your preferred date and time.
16.3 Bookings are made subject to any merchant policies.
16.4 If you cancel your booking you may incur a cancellation fee payable to the merchant. Short notice cancellations may result in the cancellation of your voucher if the merchant is unable to fill your space. In that regard, the cancellation policies of the merchant will apply at all times. Please ensure that you check the terms & conditions of the merchant or particular deal or discount or event before booking.
16.5 If required by the merchant, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither poketdeal.com, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that You fail to produce a voucher upon request.
17. IMPORTANT INFORMATION RELATING TO HEALTH OR NUTRITIONAL PRODUCTS
NOTHING CONTAINED ON THIS WEBSITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
17.1. The information and statements provided on this [Website] with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure, or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
17.2. Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via this Website.
17.3. You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
17.4. All information contained on this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
17.5. Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding any health or nutritional related treatment or condition.
18. VOUCHER EXPIRY AND EXTENSION
18.1 The voucher expires on the date indicated on the voucher.
18.2 Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honored by the merchant.
19. COMPLAINTS OR PROBLEMS
We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant.
If you wish to make a complaint in respect of a merchant, you must email that complaint to email@example.com
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.
20 MERCHANT TERMS & CONDITIONS
Any Terms and Conditions of the specific merchant will always apply in addition to any specific terms of the Deal stated by poketdeal.com. For example, if a Merchant is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the Merchant 's usual terms and conditions.
21 VOUCHERS: AVAILABILITY OF GOODS AND SERVICES AND SCHEDULING
21.1 You agree and acknowledge that:
21.1.1 where merchants offer services on the basis of 'sessions' or otherwise on a time basis, the advertised duration may be indicative and approximate;
21.1.2 merchants are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability.
21.1.3 where merchants offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
21.1.4 the merchants of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the merchant prior to purchasing any poketdeal.com voucher, or finalizing any booking and confirm that you are able to comply;
21.1.5 photographs appearing on our website to illustrate details of offers of merchants are generally those made available to us by merchants or chosen by us for illustration purpose only. They are intended to be indicative only of the services, venues and locations at which services are offered by merchants. For example, they may depict only one of various venues and locations at which the services are offered and given your geographic location this may not be the venue or location applicable to you;
21.1.6 a representation on the website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
21.1.7 restaurant menus advertised on the website are indicative only and subject to change without notice; and
21.1.8 where merchants offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the merchant, in order to maximize the efficacy of the services provided or to minimize risks to health or wellbeing.
22. INTELLECTUAL PROPERTY
22.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
22.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
22.3 You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
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