1. General Information
1.1 These Voucher Terms apply to every Voucher you receive from SocialBoom.
1.2 Social Boom means Social Boom Australia Pty Ltd , a company incorporated under the laws of NSW with its registered office in Level 17, 9 Hunter Street, Sydney, NSW. 1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the "Voucher Holder") to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the "Redemption Period").
1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on Groupon's Site and on the Voucher.
1.5 The Merchant is a third party unrelated to Groupon that sells, supplies and/or provides the Merchant Offering. Groupon does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher.
1.6 Groupon reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 You must be at least 18 years old to receive a Voucher. Before you can make a purchase you need to register and create an account with SocialBoom.
2.2 By clicking on the “Support" button you submit an offer to SocialBoom to receive the voucher. However, the purchase of the Voucher is not complete until you receive an email from SocialBoom confirming acceptance of your offer. SocialBoom expressly reserves the right to reject your offer. In addition, even if SocialBoom has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against SocialBoom, an affiliated third party of SocialBoom or the Merchant. 2.3 The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant and not with SocialBoom; (c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant
3.2 All Vouchers sold by SocialBoom are single-purpose Vouchers which can only be redeemed with the Merchant. 3.3 In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore.
3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. SocialBoom cannot influence the supply and/or provision of the Merchant Offering. 3.6 If you do redeem the Voucher for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
3.7 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.9 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, SocialBoom will notify you as soon as possible by email. SocialBoom will offer you either a new voucher with comparable benefits (if available). 4. Use of a Voucher 4.1 Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
4.2 Your Voucher is solely your responsibility. Neither SocialBoom nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes. 4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Groupon's discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited
6. Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not SocialBoom, is: 6.1.1 the seller, supplier and/or provider of the Merchant Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself
6.2 Under no circumstances is SocialBoom acting as the agent of the Merchant.
7. SocialBoom Standards of Services and Liability
7.1 SocialBoom promises that: 7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose;
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 SocialBoom is always liable for: (a) death and personal injury caused by SocialBoom negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, SocialBoom is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
7.4 SocialBoom does not promise the completeness, fitness for purpose or legality of the Merchant Offering. SocialBoom is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
7.5 SocialBoom is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, SocialBoom total liability to you will in no circumstances exceed the amount of the purchase price of the Voucher. 7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. SocialBoom Site
9.1 If you breach these Terms of Sale and SocialBoom takes no action against you this does not mean that SocialBoom has waived its rights and remedies with regard to your breach. SocialBoom may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.