Terms & Conditions
- Dailydo.co.nz (the "website") is owned and operated by Dailydo Limited of Level 4 69 Beach Road, Auckland CBD, Auckland, New Zealand ("we", "us" and "our"). We act as agents of third parties ("Merchants").
- We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
2. Dailydo Account
- By registering on the website you acknowledge that you are aged 18 or over. We reserve the right to take legal action for any loss or damage suffered as a result of a transaction entered into by a minor, against the parents or guardians of that minor.
- You are solely responsible for your Dailydo membership ("Dailydo Account"). It is your responsibility to maintain the security of your user identification, password and other confidential information relating to your Dailydo Account. You are responsible for any consequences resulting from the use of your Dailydo Account, use of your Dailydo Account by others (including minors) or any unauthorised use of the Dailydo Account.
- You must notify us immediately if you become aware of any unauthorised use of your Dailydo Account.
- It is your responsibility to ensure that the details contained in your Dailydo Account remain true and accurate at all times.
- You may terminate your Dailydo Account at any time by emailing email@example.com
3. Purchasing a Dailydo Deal
- We advertise goods and services on behalf of Merchants on our website, which are sold for a limited time period in the form of vouchers ("Dailydo Deal" or "Vouchers"). All goods and services are subject to the Merchant's availability.
- Dailydo is a New Zealand business and all transactions will be billed in New Zealand dollars.
- If you want a Dailydo Deal you must make a legally binding offer to purchase the Voucher by clicking the "Buy Now" button and providing the requisite details.
The Merchant will accept your offer for the Dailydo Deal, where:
- the offer is within the specified timeframe for making an offer to purchase the Dailydo Deal;
- the goods or services are available;
- there are no errors in your order; and
- we have not otherwise been required to cancel the Dailydo Deal for whatever reason.
- Once the Merchant has accepted your offer your credit card will be charged the full price of the Dailydo Deal and we will email you a receipt and a Voucher containing a unique Voucher code. The name DAILYDO LTDNORTH SHORE will appear on your cardholder statement.
- If you require a Tax invoice for your purchase, you should request it from the Merchant at the time of supply. Dailydo cannot provide you with a Tax invoice as we are not providing you with a taxable supply under the GST rules.
- We do not accept any responsibility for any loss suffered as a result of non-receipt of emails, including Vouchers. It is your responsibility to ensure that your Dailydo Account contains the correct email address and that you check your filter settings.
- If we do not receive your credit card payment for the full amount due and payable for any reason whatsoever you will not receive a Voucher.
- The Voucher will contain additional terms and conditions, including an expiry date. The Voucher may not be redeemed after the expiry date has passed. If your Voucher expires it is not refundable in whole or part.
- Neither we, nor the Merchants, are liable or responsible for any damaged, lost or stolen Vouchers.
4. Cancellations and refunds
- Vouchers in whole or part may not be exchanged or redeemed for cash.
- If you choose to only redeem part of the Dailydo Deal, you will not be entitled to a refund or exchange for those parts of the Dailydo Deal that you do not receive.
- Unless the terms relevant to the Dailydo Deal states otherwise, the Vouchers are not transferable.
- If we cancel a Dailydo Deal we will provide you with a full refund to the credit card nominated in your Dailydo Account.
- In no event are we responsible if a Merchant cancels your reservation to redeem a Voucher or otherwise fails to redeem your Voucher. We may however, at our absolute discretion, provide you with a refund in accordance with the Dailydo Promise.
- It is your responsibility to make a reservation with the relevant Merchant. We do not guarantee that you will be able to make a booking, reservation or appointment at any particular time or date.
- You must provide your Voucher code upon making a reservation with the Merchant.
- If you make a reservation and do not attend the Merchant at the pre-arranged time, the Voucher will be considered redeemed unless the Merchant agrees otherwise.
- We are not responsible if a Merchant cancels or reschedules your reservation and are unable to assist in any resolving any disputes you may have with the Merchants.
6. Linked Websites
- This website contains third party advertisements and links to other websites, including websites operated by third parties and/or Merchants ("linked websites"). These links are provided for convenience only and may not remain current or be maintained.
- We are not responsible for the content or privacy practices associated with linked websites or third party advertisements. The links to linked websites and availability of referral buttons and embedded hyperlinks on third party advertisements should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites or third party advertisers, unless and to the extent stipulated to the contrary.
7. No Warranty
- The relevant Merchants are solely responsible for honouring Vouchers sold. We have no control over the quality, safety or legality of goods or services provided by the Merchants. In no way are we responsible for the quality, safety or legality of goods and services provided by the Merchants.
- We do not warrant the accuracy or completeness of any material or the reliability of any advice, statement, opinion or other information displayed or distributed via the website. Such material is based on information provided by the relevant Merchant, supplier or manufacturer. Reliance on any such information is at your own risk.
To the full extent permitted by law, we disclaim all conditions or warranties, express or implied, including but not limited to merchantability and fitness for purpose. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- if the breach relates to goods:
You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the "Indemnified Party") harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
- your use of the website or other services we provide;
- your redemption of a Voucher and resultant use of any goods or services provided by Merchants;
- third party claims that their rights (including intellectual property rights) have been breached as a result of your use of the message board, feedback and queries fields; and
- breach of any warranty or representation that you have given to us, including in the Terms.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
- your use of this website or any linked website;
- any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website or a linked website;
- errors, mistakes or omissions on this website;
- goods or services supplied pursuant to an order placed on this website; and/or
- any failure or omission on our part to comply with our obligations as set out in the Terms.
- This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
10. Specific Warnings
- You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
- We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
11. Restricted Use
- You are provided with access to this website only for your personal and non-commercial use.
- You may not without our prior written permission on sell Vouchers or any information obtained from this website.
- You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
- You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
12. Comments and discussion fields
- We do not and cannot review all communications and materials posted or uploaded to the website. Communications and material placed on the Comments discussion board do not contain our views and we do not accept any liability for the material placed on the message board. We have the sole discretion and reserve the right to block or remove any communications or materials that we determine are or may be harmful, offensive or otherwise in violation of the Terms or any applicable laws.
- You hereby grant to us a non-exclusive worldwide perpetual, irrevocable and royalty-free licence to use and sub-licence any content you provide to us via the Comments field or by email solely for the purposes of our Website and associated services.
- You hereby warrant that you own the copyright in anything you post or upload to the discussion board.
13. Termination of access or Dailydo Membership
We may withdraw this website or a Dailydo Account completely, or suspend for a period of time, without notice, and for any reason, including without limitation:
- if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
- if you breach any part of the Terms; or
- if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
- If we terminate your Dailydo Account you may be prevented from accessing parts of the website. We will not be liable to you or a third party if this occurs.
14. Intellectual Property
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994, and except as expressly authorised by the Terms, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website, without our prior written permission.
- You may not use of any trade marks appearing on the website, whether they belong to us, our affiliates or Merchants without the written permission of the trade mark owner.
- These terms and conditions are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.
- We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
- If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.