Out With You

In using http://www.outwithyou.com or any site publicly owned by Out With You including www.outwithyou.com.au you are deemed to have read and agreed to the following terms and conditions.

A reference to “we”, “our”, “us” references Out With You as a business entity and provides this web site (“Site”) to end users (“End User” or “End Users” or “you” or “your”) subject to the terms and conditions set out in these Terms of Use, the Privacy Policy and any other relevant terms and conditions.

“Coupon” or “Out With You Coupon” refers to and is the printable discount certificate that is issued to the purchaser’s email address.

“Merchant” is in reference to the business associated with the Coupon, and where it is redeemed by the “User”.

Out With You reserves the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without notice to the End User. If Out With You makes changes to the Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

Out With You offers internet based advertisement services (hereinafter, "Services") negotiated exclusively to local merchants (hereinafter, "Company") through its website located at http://www.outwithyou.com and Out With You businesses. More specifically, Out With You proposes to offer its end-users an opportunity to purchase discounted promotional coupons, which can be subsequently redeemed for goods and/or services at Company's business (hereinafter, "Coupons").

Notification of Changes: 

Out With You shall have the right at any time to change or discontinue any aspect or feature of the Out With You site, including, but not limited to, content, hours of availability and equipment needed for access or use. Out With You holds the right to make the site unavailable at any time for any reason. You understand and acknowledge that due to circumstances both within and outside of the control of Out With You access to the site may be interrupted, suspended or terminated. End User shall be responsible for protecting the confidentiality of End User's password(s). End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Out With You.

Terms of Sale: 

The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.

You are required to create an account in order to purchase the Out With You Coupon. This is required so we can provide you with easy access to print your Coupon.

By placing an Order, you make an offer to us to purchase the Coupon you have selected on the terms and conditions stated. For more information, please view our privacy policy.

Delivery of all Coupons is by an email within 24 hours after the associated deal has ended, with a hyperlink with instructions on how to download your Coupon. If payment cannot be debited for any reasons including account suspension, cancellation or fraudulent reasons, we have the right to cancel your order and we will not deliver your Coupon. Combining Out With You Coupons with any other coupons, promotions or discounts is at the sole discretion of the Merchant.

Reproducing or selling any Out With You Coupon is prohibited. Out With You Coupons are deemed void at any point after the expiration date listed on the Coupon certificate.

The cost of the printable coupon from Out With You cannot be applied as payment or redeemable for the goods or discount services associated with the coupon offer.

All Coupons printed from the Out With You website are promotional Certificates that are offered to customers below their face value and shall be subject to the terms and conditions of Out With You and the participating merchant. The holder and issuer of a Coupon is the merchant. As a holder and issuer of the Coupon, the merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the merchant, as well as for any unclaimed property liability arising from unredeemed Coupons.

Refunds: 

Out With You Coupons are non-refundable and cannot be exchanged or redeemed for cash, for example, because you did not redeem the coupon, because you have changed your mind, are unable to use the Coupon or the Coupon has been damaged, lost, stolen or expired. This Coupon can only be used for making purchases at the named merchant. It cannot be redeemed for cash or applied as payment to any account unless required by law. Neither Out With You or the named merchant shall be responsible for Coupons that are lost or damaged.

Merchant Self Service Agreement:

Out With You is in the business of selling, through use of online facilities at www.outwithyou.com.au, discounted coupons/gift certificates for various merchants to merchant customers (“Services”). Merchant agrees and wishes to take advantage of these services and wishes to offer its products or services for sale through “Coupon(s)” which can be redeemed for Merchant's goods and/or services at a discount, which are offered to the public for purchase at www.outwithyou.com.au.

The Merchant must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.

This Agreement does not create any other kind of legal relationship between the parties, including, but limited to a partnership, joint venture, or franchise.  Merchant understands that the relationship between Merchant and Out With You is non-exclusive and that Out With You may provide similar services to other businesses.

1. Out With You will accumulate the total sales of the Coupon(s) from the close of the Merchants Offer(s), and pay the Merchants share of 25% per coupon sold to the Merchants PayPal Account.
2. Merchant must be a registered business and must be verified by Out With You before advertising a deal.
3. It is the sole discretion of Out With You to accept or decline a Merchant to feature on Out With You.
4. Merchant accepts Out With You has the right to terminate their account at any time without reason.
5. If Merchant ceases business operations before receiving a scheduled payment, refuses to honor their deal, then Merchant forfeits that scheduled payment.

1. REPRESENTATIONS AND WARRANTIES

1. Mutual Warranties: Both parties hereto warrant, represent and covenant to each other, as an essential part of this Agreement that: (i) each is duly organized and validly existing and in good standing under the laws of Australia of its incorporation or formation; (ii) each is fully able to perform the obligations hereunder; and (iii) the person understands this Agreement is authorized to do so and that each has obtained all internal and external approvals and resolutions necessary to enter into this Agreement
2. Merchant Warranty: Merchant warrants that merchant will honor the Coupon at the stated Sale Value until its Expiration Date, if any. Merchant warrants that it has sole rights or a license to use any copyrights, trade names, trademarks, or other intellectual property that Merchant provides to Out With You to perform Services.
3. Out With You warrants, represents and covenants that it has the proper skill, training and background to provide Merchant with Services.

1. INDEMNIFICATION IN GENERAL: The parties agree to indemnify and hold each other and their respective directors, officers, employees and agents and its or their subsidiaries and/or affiliates, harmless from and against any damages directly arising out of the negligence or willful misconduct committed by either party, their employees, and/or their contractors under this Agreement.

1. Force Majeure: Neither party shall be liable for any delays in performance/breaches of this Agreement due to causes beyond its control, including acts of God, government intervention, or public enemy

Disclaimer of liability: 

Out With You is excluded from all liability for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including without limitation, damages for loss of life, data or profits, arising out of or in any way connected with the use or performance of http://www.outwithyou.com.au, the delay or inability to http://www.outwithyou.com.au, the provision of or failure to provide goods or services, or any information, software, products or services obtained through http://www.outwithyou.com.au. You agree to hold harmless and indemnify Out With You, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Copyright Notice: 

Copyright and other relevant intellectual property rights exist on all text, links, and all other content present on this website. The Out With You logo is a trademark of this Company.

General: 

The laws of Australia govern these terms and policies. By accessing this website, you agree to these terms and policies. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Policies and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Policies shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

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