This Website is secured with a Web Server Certificate. Transactions on the site are executed by a third party (PayPal) protected with up to 256-bit Secure Sockets Layer encryption. LilBirdie.com.au does not have access to or hold any credit card details for any users’ prior or current purchases. If you have any questions regarding our security policy, please contact our customer support centre on email@example.com.
Website User Terms and Conditions
LilBirdie.com.au PTY LTD provides regular deals (each a “Deal”) to its registered members (“Users”) through the LilBirdie website located at LilBirdie.com.au. By accessing the site, users agree to be bound by and accept without limitation or qualification the following Terms and Conditions.
- User Representations: Users represent and warrant that they are an Australian business that possesses the legal right to enter into a legally binding agreement with LilBirdie with respect to any Deals purchased on the site, and will use the site in accordance with these terms and conditions.
- Restrictions on use: Users agree to use the site solely for their own business and not as an agent for another business. Any Deal purchased in a business name is not transferrable to another business.
- Users agreement: Users agree to maintain the security of their User identification, password and other confidential information relating to their account, and to be responsible for all consequences resulting from the use of their account, use of their account by others or unauthorised use of their account, and each username and password must be used by a single User and is not transferrable.
- Modifications: LilBirdie reserves the right to modify these Terms and Conditions from time to time. Any modifications will be effective immediately upon publication on this site, and following such publication will be deemed a User’s conclusive acceptance of the modified Terms and Conditions.
- Email Policy: It is assumed upon signing up that Users agree to receive emails from LilBirdie for the confirmation and registration of Deals and for receiving information on Deals via the LilBirdie newsletter. Emails are essential for confirmation and vouchers will not be sent unless Users consent to receiving such email. For any concerns or problems contact firstname.lastname@example.org
- Deal Conditions: Users acknowledge and agree that their purchase of a deal from LilBirdie may be subject to specific terms and conditions which will be disclosed on the site prior to their purchase of the deal. Users agree to be bound by those specific terms and conditions, and acknowledge that if there is any inconsistency between those terms and conditions and these terms and conditions, those terms and conditions will prevail.
- Refunds: Except as required by law, a User is not entitled to a refund if the user simply changes their mind or makes a wrong decision.
- Voucher Redemption: A User receives their voucher within 24 hours of making a purchase. Users can redeem their vouchers with the relevant business in order to receive the goods or services they have purchased through a deal. Users acknowledge and agree that the business, and not LilBirdie, is the provider of the goods or service and is solely responsible for honouring the voucher purchased by the User. LilBirdie makes no warranty about the standard or quality of any goods or services sold through the site. All promotional materials relating to a business’s goods or services are based on information provided by the business and its affiliates. Vouchers cannot be redeemed for cash. LilBirdie is not responsible for any vouchers that are lost, stolen or redeemed by an unauthorised third party. Vouchers must not be resold, offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions or trade promotions) or to enhance the demand for goods or services. If a User has any problems using their voucher at a business, they can contact email@example.com
- LilBirdie Content: Users have no rights to materials contained on the site, other than the limited right to use the site in accordance with these terms and conditions. Users must not copy, display, modify, create derivative works or publish or sell the LilBirdie content or any information, software or services provided by LilBirdie. The LilBirdie content may be modified from time to time by LilBirdie at its sole discretion.
- Copyright: All material made available on the site (collectively “copyright material”) is protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions, and is protected under the laws of Australia and other countries.
- Trade marks: The businesses promoted on the site provide their own logos and graphics from time to time and they warrant that they own the copyright to display these images on our site. The use of Copyright Material and/or Trade Marks by any User, or anyone authorised by a User, is prohibited unless expressly permitted by these Terms and Conditions or by LilBirdie. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes.
- Hyperlinks: The site may contain links to other websites. LilBirdie is not responsible for, and does not control the content of any website linked to or from the site. Any links to other websites are for Users’ convenience only and LilBirdie makes no warranty or representation regarding and, unless expressly stated by LilBirdie on the site, does not endorse the owner / sponsor of any website or any content appearing on those websites.
- No Warranties: LilBirdie assumes no responsibility, and will not be liable for any damage to or viruses that may infect a User’s computer equipment or other property due to the User accessing and/or using the site or any linked websites, or a User downloading any materials, data, text, images, video or audio from the site or any linked websites. Users must provide a valid email address. LilBirdie reserves the right, at its sole discretion, to cancel or suspend any Deals or the site should any virus, bugs, or other causes beyond LilBirdie’s control corrupt the administration, security or proper function of this site. LilBirdie does not warrant the accuracy or completeness of the material or the reliability of any material, advice, statement or other information displayed or distributed through the site. Users acknowledge that any reliance on any such material, opinion, advice, statement, memorandum or information will be at the User’s own risk.
- Registration: In order for Users to be able to access the deals offered by LilBirdie on the site, Users must register by completing their registration details in the manner described on the site. LilBirdie reserves the right to terminate a User’s membership at any time if that User breaches these terms and conditions. Users must ensure that their registration details are true and correct at all times. Users must notify LilBirdie of any change to their registration details. Upon registration, Users must nominate a username and password.
- Liability: LilBirdie is not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) suffered or sustained in connection with any inaccurate or incorrect information provided by a business on the site; any use of the site or LilBirdie content; any use of the deals offered by LilBirdie; or any act or omission (whether negligent or not) of LilBirdie, or any person associated with LilBirdie; or any failure or delay including, but not limited to, the use or inability to use any component of the site for purchases; or the performance or non-performance of any business in connection with a deal, except for any liability which cannot be excluded by law.
- Liability Release and Indemnification: Each user hereby releases and discharges and agrees to indemnify LilBirdie and its directors, officers, employees, agents and affiliates (“released parties”) for any personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney’s fees (and whether accruing to the User, their heirs or personal representatives), that are caused or alleged to be caused in whole or in part by reason of an act or omission of any released party that arises out of or in connection with the User’s use of the site; or resulting from any violation of these terms and conditions or any terms and conditions specified by a business; or any activity related to the User’s account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct); or by the User or other person accessing LilBirdie using the User’s account.
- Third-party Rights: The foregoing provisions regarding indemnification, release and limitation of liability are for the benefit of LilBirdie and its affiliates, officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against a User on its own behalf.
- Use of the Site Outside Australia: LilBirdie does not represent that the contents of the site are appropriate or available for use in countries outside Australia. If a User chooses to access the site from outside Australia, the user is responsible for compliance with foreign and local laws.
- Governing Laws: These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.
- Severance: If any provision of these terms and conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible by law so as to give the effect of the intent of the terms and conditions, and the remainder of these terms and conditions will continue in full force and effect.
- Term and Termination: Either Users or LilBirdie may terminate a User’s Account at any time, with or without cause, upon notice. Clauses 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms and Conditions.
- No Assignment: These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User.
- Miscellaneous: Any failure by LilBirdie to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions. LilBirdie may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Users.