Acceptance of Terms and Conditions
Last Updated: October 01, 2019
Welcome to the official website of “Dealcation LLC” or “Dealcation Online Shop”, also referred to as (Dealcation) on the internet referred to as (mydealcation.com) in this document.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. The following terms and conditions (the “Agreement”) form a binding agreement between you (“you”, “your”, “user”) and Dealcation (“Dealcation”, “we”, “us”, “our”). These Terms apply to all visitors, users and others who access, purchase, browse or use the Service. By using this site (the “Site”), you agree to the terms and conditions that we have provided. If you do not wish to agree to these terms and conditions, you may not use the Site in any way and must refrain or cease from using it.
Use of Website
As a condition of your use of this Website, you warrant that:
i. you are at least 18 years of age and above.
ii. you possess the legal authority to create a binding legal obligation.
iii. you will use this Website in accordance with this Agreement.
iv. you will only use this Website to make legitimate purchases for you or for another person who is at least 18 years of age and for whom you are legally authorized to act.
v. The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
vi. The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service 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.
vii. All information supplied on this Website is true, accurate, current and complete. We retain the right at our sole discretion to terminate, suspend or deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation or breach of this Agreement.
Dealcation reserves all the right to modify, amend, change or replace this Agreement from time to time. Such modifications will be effective immediately upon notification to provide at least 15 days on this Site. Your continued use of the Site, or any of the materials contained on the site, following such notification will be deemed your conclusive acceptance of the modified Terms and Conditions.
In this Agreement, we use various defined terms. You will know they are defined, exemplified, translated or described as shown in a capital letter. This is what they mean:
i. "Merchant" or “Supplier” means a third party seller of experiences, products and services for which a Voucher can be redeemed.
ii. "Purchase" or “Order” means the buy of a Voucher.
iii. “Recipient” means a user purchase of Voucher on the Website for the use, benefit, claim, value and worth of another user or customer.
iv. "Register" means "create an account on the Website" (and "Registration" means the action of creating an account to get access of using Website).
v. “Experience” means all or any of the featured products and services provided by “Dealcation” on the Website (or via other electronic, digital or other communication supported from Dealcation, Merchant or Supplier) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase and Order).
vi. "Voucher" means a voucher which is subject to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant or Supplier in exchange for Voucher Products offered by that Merchant or Supplier with its terms and conditions of business it supports.
vii. "Voucher Products" means experiences, products and/or services offered by a particular Merchant or Supplier which are described as part of a Voucher.
viii. “Redemption Code” means a reference number purchased by you, indicating your tracking order and verifies a User to redeem it at a particular Merchant or Supplier in exchange for Voucher Products offered by that Merchant or Supplier with its terms and conditions of business it supports.
ix. "Website" means the mydealcation.com website and any Microsite or content available to you.
Our Terms and Conditions
i. Each featured Experience on our website www.mydealcation.com is provided by independent contracted Merchants or Suppliers on their own terms and conditions and is made available to our customers on our terms and conditions set out herein.
ii. We issue to our customers a “voucher” or “redemption code” for a great value at the time of purchase against presentation of which the Merchants or Suppliers will fulfil to our customer the Experience selected but are subject to the terms and conditions of business supported and published by the Merchants or Suppliers.
iii. We have selected all the featured Experience on our website to provide a wide-array of exclusive deals and exciting range of memorable activities, offers, services and experiences whether for the customer purchasing with us who pays our price or for the recipient nominated by that customer to receive “a gift voucher” for the particular experience.
iv. However, there are certain limitations on the service we offer and certain restrictions on our liability to our customers or their recipients and we ask you therefore to read the following terms and conditions carefully or instructions shown in “fine print” and “policy” for each issued “voucher”.
In consideration of the use of the Site, you represent and accept that you are of legal age to form a binding contract, and are fully able and competent to agree into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You must Register and create an account on our Website in order to make a Purchase from the Website. For this reason, we can provide you with easy access and accurate data to print your orders, generate purchase validation, view your history or past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time if for any reason, including, but not limited to, for violation or breach of this Agreement.
Upon registration and creating an account on our Website, you also agree to provide true, accurate, current and complete information as prompted and requested by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dealcation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dealcation has the right to suspend, deny or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You agree to notify Dealcation immediately of any unauthorized use or access of your account or any other breach of security. Users may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party. Any change of name on a user's account should not constitute a transfer to another party or user. Dealcation reserves the right to refuse service, terminate accounts, deny access or remove or edit content in its sole discretion.
Should you wish to terminate or deactivate your account for any reason, you may directly terminate or deactivate on profile or do so by sending an email with the subject line "Termination" or “Deactivation” to the following email address: firstname.lastname@example.org.
Merchant or Supplier Policy
When a voucher is used to make a specific booking or order with a certain Merchant or Supplier you and your recipient shall agree, follow, abide and become subject to the terms and conditions of business supported of that Merchant and Supplier. All content and featured Experiences on the Website is responsible of the Merchant or Supplier and they are responsible to supply you with the right experience, products and services you purchase on the Website. You are solely responsible to ensure that experiences, products and services or information available through the Website meet your requirements. We may provide details of specific relevant elements contain of those terms and conditions on our website but you and your recipient should make your own independent enquiries of the Merchant or Supplier as to the Terms and Conditions which will govern the provision by them of the particular featured Experience to you or your recipient. In the event of Lost/stolen vouchers, neither Dealcation nor the contracted Merchants and Suppliers are fully responsible for any lost or stolen Vouchers or Voucher redemption code. It is the user’s obligations to protect his/her assets or accounts from anyone.
Limitations of Liability
To the fullest extent permitted by law, neither Dealcation, nor our officers, directors, employees, or associated agencies (A) be liable to the user with respect to use of the sites, the content or the materials contained in or accessed through the sites (including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Dealcation), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, incorrect information, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failures, theft, destruction, or unauthorized access to Dealcation's data, programs or services; And (B) be liable to the user for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the sites or any of their features. The user's sole remedy is to cease the use of the sites.
Unless stated otherwise, all intellectual property, including, but not limited to: copyright and content of symbols, trademarks, materials, trade names and other information provided on the property on or via this website (whether text, images, videos, features and other materials) owned by Dealcation or licensed to Dealcation that are protected by law. Dealcation reserves the right to block any user temporarily or permanently, if it is suspected of any violation and/or use of the site for with prejudice.
The intellectual property right in all content made available to you on or through this Website remains the property of Dealcation or its licensors. All such rights are reserved by Dealcation and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, disseminate, circulate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on accompanying documentation supplied by Dealcation or its licensors, these trademarks belongs to Dealcation. The user shall not interpret anything on this site as granting of license or right or any mark or patent or any right of intellectual property rights from Dealcation. And in particular may not use any trademarks and names and / or any text and links to other sites without the prior written consent. By using this site, you give consent that as a user you do not acquire any ownership rights at all to download and use any material from the site. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are seemingly similar without the written permission, approval or consent of Dealcation.
You agree to defend, indemnify and keep Dealcation Company, and/or their respective or contracted suppliers, merchants and any of their officers, directors, employees and agents from and against any claims, harms, causes of action, suits, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
i. your breach of this Agreement or the documents and contents referenced herein;
ii. your violation of any law or the rights of a third party; or
iii. your use of this Website.
All information provided via this site by or on behalf of Dealcation and its contracted Merchants and Suppliers with respect to its experiences, products and services, both in the nature of the data and recommendations is believed to be reliable, correct and remain the user’s responsibility to check and ensure completeness and accuracy of this information, experiences, products and services. But we reserve the right to make changes to the programmed applicable to any experience without notice where such alterations, modifications and changes have been imposed by the Merchant or Supplier. This does not affect your statutory rights. The length of a featured Experience is mentioned, stated and published on our website, with an approximate time, validity and expiration and given as a guide only. Unless specifically stated otherwise by us or by the Merchant or Supplier, you will normally take your turn along with other members of the public and there may be waiting time involved. The photos on our website depict an image typically associated with or representative of the featured Experience being provided. Inclusion of such photos does not mean that we warrant in any way that each featured Experience will include any or all of the features depicted, but are subject to change according to business terms and conditions supported by a Merchant or Supplier. The sale of all Experiences is subject to Dealcation's conditions and contractual standards and conditions of sale which are available free upon request. Dealcation does not take any responsibility regarding the use of other experiences, products and services as set forth in these contractual terms.
All featured Experiences are offered subject to availability (and weather conditions on the day) and there can be no guarantee that a particular date will be available upon booking or request made or that it will not have been withdrawn by the supplier. You are advised not to make move or visit the store, venue, location or site until verified, confirmed or arranged by Merchant or Supplier within the respective business terms and conditions.
Many of our Merchants and Suppliers are subject to statutory rules and regulations in the provision of their services and they observe the highest standard of safety measures for the experience, products and services featured. However, we cannot and have not undertaken any physical examination of the equipment, facilities or staff provided in connection with the supply of any of the experiences, products and services covered by the independent or contracted Merchants and Suppliers. Inclusion of such experiences on our website does not therefore mean that we warrant in any way either the safety standards of or satisfactory performance by any of the featured experiences are within the business terms and conditions of Merchants or Suppliers.
The very nature of our featured experiences, products and services means that some personal risk may be involved in taking part in the activities we offer and you should be aware of this when ordering or purchasing. Some Suppliers or Merchants may require signature of a disclaimer before they will allow participation or use of the facility. Our contracted Suppliers and Merchants are legally obliged to carry third party liability and/or public liability insurance cover for their operations; however, we strongly advise you or your recipient to consider obtaining an insurance effecting your own additional cover in use of the facility.
Pricing Terms and Payment Policy
If you wish to purchase any experience, product or service made available through the Service ("Purchase" or “Order”), you may be asked to supply certain information relevant to your purchase or order. Prices of featured experiences are inclusive of Services (or at any other prescribed rate that may pertain at the time of booking). All vouchers are valid for certain period of time from date of purchase. Prices include VAT but exclude delivery costs, handling, service and processing fees at some payment channels, which will be automatically added to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery or payment method.
Prices, delivery costs, handling, service and processing fees are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Voucher Confirmation. You are solely responsible for redeeming any Vouchers you purchase on our Site. Any terms or conditions for the experience, product or service that you purchase using our payment facility are strictly between you and the Merchant or Supplier. We shall not be held liable or responsible for failure caused of the Merchant to deliver the said experience, product or service as advertised, published or posted. Furthermore, you hereby release, agree and hold harmless Dealcation from all liability, obligation and claim arising from the payment you are about to make, as all liability, obligation and claim shall reside, settle and clear with the Merchant or Supplier.
Despite our best efforts, some experiences, features and prices listed may be incorrectly published. We however, verify prices as part of our experience and operation procedures so that, product's correct price is less than our stated price, we will charge you the lower amount. If a product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before releasing the product, or reject your order and notify you of such rejection.
Payment for all orders can be made via credit card, debit card, Dragonpay or PayPal (The participating banks and non-banks are stated in “Payment Channels”) when purchasing an order online. We accept payment across the country on selected payment channels and partners.
You should be aware that some payment transaction is subject to validation checks and we are not responsible for any declines to authorise payment for any reason. We also carry out a standard pre-authorisation check and validate your identification on your payment card, transactions and other processing method and Dealcation has the right not to despatch your order until the pre-authorisation check has been completed and successful. Please note, it is possible that your card issuer may charge you an online handling, service or processing fee. We are not responsible for this. The cardholder must retain a copy of transaction records and Merchant policies and rules.
All payments must be received in full prior to a Voucher being issued and delivered. If your payment is not received or declined by your bank or credit card issuer, we cannot hold and Vouchers against your order. You will be notified by email when the Voucher is ready to be printed from the Site or access through digital reference code. Dealcation cannot be held liable nor responsible for any loss suffered or damages incurred as a result of a Voucher not being received by you, for example, because the email was blocked by a firewall or filter, or where you provided Dealcation the wrong email address or other necessary information. By purchasing a Voucher, a customer acquires the right to print a Voucher, or get access to digital reference code and to use such according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
We accept various payment options via debit/credit card, online banking, over the counter, mobile, and cash deposit at participating network of payment channels across the UAE, Philippines and overseas. At the time of your check-out, you can choose your preferred payment options.
Note: The processing and service fees may vary according to mode of payment you use. We advise you to please read the terms and conditions carefully written in the billing or payment instructions.
When you order a voucher, Dealcation may ask you to provide us with your credit card number, expiration date, billing address and authentication codes or related information to validate your identification.
Voucher Expiration and Validity
All Vouchers are valid for certain period of time from the date of purchase or order. If for any reason the customer or the recipient is unable to utilise the experience before the expiry date, the voucher cannot be extended beyond its total validity. It is solely the user’s or customer’s responsibility when to utilise or redeem the voucher from the date of purchase or order made on the Website.
All Dealcation experience gift contains a voucher which is evidence of a payment for a given experience. Each voucher will show a voucher reference number and a redemption code, which must be quoted when dealing with Dealcation and which will be used to identify your payment. Vouchers and the associated references must be kept safely and securely. You are required to register for your recipient’s name and email address. Accordingly, Dealcation will automatically send the registered recipient’s email with the gift voucher you bought for them or inviting a recipient to visit the site to view the order or voucher in detail. Dealcation will take no responsibility for any loss you may incur as a result of impersonation or identity fraud. The voucher expiry date will be mentioned in your gift voucher and will be valid for a certain period of time from date of purchase. Bookings must be made directly with the Merchant or Supplier before voucher expiry or the voucher will cease to be valid.
Refunds and Cancellations Policy
Any unredeemed, unprinted or unused voucher purchased from Dealcation Website can be cancelled and refunded within 24 hours from the date of purchase. However, the Merchant or Supplier is the seller of the featured Experience, products and services, thus we cannot guarantee and grant your request for refunds and/or exchange of services without the approval of the Merchant or Supplier. Once the User finalises the purchase order by checking out, the sale is considered successful. It is the user’s responsibility to carefully understand, follow, abide and agree to the terms and conditions of Use of the Website. However, the in case of any delivery costs, handling, service and processing fees, these cannot be refunded from the original purchase of the Voucher. Dealcation may assist the User as an exception some cases by coordinating with the Merchant or Supplier for your concern regarding Merchant refund procedure. Please ensure that all vouchers are valid for certain period of time from date of purchase. You are solely responsible for redeeming any Vouchers you purchase on our Site.
Other sites related or links to this site
This Website may contain links to third-party web sites or services that are not owned, operated or controlled by Dealcation. We do not control such websites and we assumes no responsibility for, the content, privacy policies, activity or practices of any third party web sites or services links to us. You further acknowledge and agree that Dealcation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We advise you to be cautious and take necessary measures on selecting any links, software you download (whether from this Website or other websites) is free from such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Dealcation, and its contracted Merchants and Suppliers are not liable for any breach of obligations where there is hindrance or prevention from carrying out obligations by any cause outside their reasonable control, including but not limited to lightning, fire, flood, extreme or severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Collection and Use of Data
Dealcation reserves the right to use or copy all communications and information and / or materials and content submitted, provided or sent from the User or Supplier or Merchant through the website in any inquiries and / or exchange with us. And by sending such material and content to Dealcation, you agree for it to be used by Dealcation at its discretion. Dealcation does not seek any sensitive materials, data of private property or confidential information from visitors, users or customers. You must be careful, and we suggest you do not upload any inappropriate material onto the site. You hereby agree to defend, indemnify and keep Dealcation from any damages and the release of responsibility against all claims and liabilities incurred or may incur as a result of the use and / or exploitation of these materials.
Privacy and Confidentiality
If you have any complaint concerning the service you have received from one of our Suppliers or Merchants we would like to know about it. Please write to us with your feedback and we will take the matter formally on your behalf. All complaints must be made in writing to our dedicated customer support team at email@example.com.
Claims of Copyright Infringement
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