Terms and Conditions
Last Updated: 26 May 2011
You must be at least 18 years old (“legal age”) to be eligible to use the Treasure Map website and its Services.
Nothing in the Essential Terms shall be deemed to confer any third-party rights or benefits.
Your Use of the Services
Your use of the Services is by way of a revocable licence granted to you by Treasure Map on the condition that you comply with the Essential Terms and all applicable law, regulations and general accepted practices in the relevant jurisdictions. It is a personal, non-assignable, non-exclusive, revocable licence for the sole purpose of accessing and using the Services.
You may not and must not permit anyone to copy, modify, licence, reverse engineer, decompile or otherwise attempt to extract the source code of the software(s) in relation to the Services or any part thereof.
You acknowledge and agree that the Services provided by Treasure Map may be changed from time to time or be suspended or terminated without prior notice or reason. You acknowledge and agree that Treasure Map may, at its sole discretion, refuse service or disable access to an account without prior notice to any user ("user" the "End User" or "Merchant") for any or no reason and any user may stop using the Services by contacting Treasure Map.
To access or use the Services, you may be required to provide information about yourself. You agree that any information you give to Treasure Map will always be accurate, correct and up to date.
You are solely responsible for maintaining the confidentiality of any logins, passwords and your account and agree to immediately notify Treasure Map of any unauthorised use of your password or account or any other breach of security. You are fully responsible for all activities that occur under your account with or without your knowledge and whether or not you have notified Treasure Map of any unauthorised use.
You may not have more than one active Personal account and you must not sell, trade or otherwise transfer your Treasure Map account to another party without written approval from Treasure Map.
You warrant that any Deals (goods and services) that you display will not violate any criminal laws or any rights of any third parties, including but not limited to, such violation as infringement or misappropriation of any copyright, patent, trademark, trade secret or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law, regulation or any other right of any person or entity. You are solely responsible for the conformity with any applicable law, regulations and practices and for obtaining any approvals whatsoever for any Deals. By submitting or authorising submission of any Deals, you agree to indemnify Treasure Map, its officers, directors, shareholders, employees, agents, licensor, subsidiaries, affiliates and other partners against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by Treasure Map, its officers, directors, shareholders, employees, agents, licensor, subsidiaries, affiliates and other partners in connection with the Deals or in respect of the content of the Deals or the use of the Deals provided or displayed by you, notwithstanding Treasure Map's approval.
By using or accessing the Services of this website or any third party sites, you shall be deemed to have granted Treasure Map a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, edit, translate, distribute, display any communications you have posted alone or as part of other works in any shape or form.
Treasure Map may in its absolute discretion at any time and without notice to the user cancel, reject or refuse to display or publish or continue displaying or publishing any Deals without providing any reason for such rejection or refusal at any time prior to, or after, publication of the Deal, provided this right will not be unreasonably exercised.
You agree that Treasure Map may, with or without cause and without prior notice, immediately terminate or disable your account and/or your access to the Services. You however will remain bound by those Essential Terms and applicable laws and requirements intended to survive termination.
Without limiting the foregoing, the following will lead to a termination of a user's use or access of the Services
- a breach or violation of any of the Essential Terms;
- a breach of legal requirement or a requirement by any government authority;
- a request by the user (self-initiated account deletions);
- unexpected technical issues or problems, and
- extended periods of inactivity.
Termination of your account includes removal of access to all offerings or services within the Services and may also bar you from further use of the Treasure Map Service.
You acknowledge and agree that all terminations shall be made in Treasure Map's sole discretion and without prior notice and that Treasure Map shall not be liable to you or any third-party for any loss or damage that may arises, whether directly or directly, from the termination of your account or your access to the Services.
You can terminate your account at any time by contacting Treasure Map.
User's Conduct and Access to Services
You understand and agree not to use the Services or Treasure Map websites or third party sites to:
- post content or initiate communications which are unlawful, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.
- use the Services for any illegal purpose, including but not limited to, conspiring to violate laws.
- falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using Treasure Map invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) Using Treasure Map to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- stalk or harass anyone.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Treasure Map Service.
- post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
- interfere with or engaged in any activity that interferes with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- advertise or perform any religious, political or non-commercial solicitation.
- solicit users of the Services or Treasure Map website or the third party sites to become users of other online or offline services directly or indirectly competitive or potentially competitive with the Services, Treasure Map website or the third party sites.
The above requirement apply equally to and are for the benefit of Treasure Map, its affiliates, subsidiaries, licensors, holding companies, Merchants and its third party content providers and each shall have the right to assert and enforce such requirements directly.
You agree not to use or deploy or allow others to use or deploy any automated or manual device, software or other processes to 'spider' or 'crawl', 'monitor' or 'copy' any webpages or content contained in the Treasure Map website or affiliate or third party websites. You agree not to 'fame' or otherwise simulate any function or appearance of the Treasure Map or Treasure Map affiliated websites.
You further agree not to intentionally or unintentionally take any action that could interfere with or place any unreasonable load on the proper working order of the Treasure Map website its servers or infrastructure. This includes attempting to gain unauthorised access, unsolicited communications, transmission or activation of any form of computer viruses.
Notwithstanding the above, any conduct that is in Treasure Map's sole discretion restricts or inhibits another user from using Treasure Map website or any of the third party sites is prohibited.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind Treasure Map, its affiliates, licensors, its employees, shareholders, agents, directors, officers, in any way whatsoever.
Information on the Website
Treasure Map is a distributor of content supplied by users or third parties. Apart from providing the platform for distribution, Treasure Map has no control, whatsoever over the content distributed. Any opinions, advice, statements, services and other information distributed are made by the content providers or other users and not Treasure Map. Treasure Map neither endorses or represents nor is responsible for the accuracy and reliability of any opinion, advice, statement or any information made on the Treasure Map site by anyone other than by an authorised representative of Treasure Map. It is the sole responsibility of the user to evaluate the accuracy or completeness of any opinion, advice, statements, services or information, Under no circumstances will Treasure Map, its directors, shareholders, affiliates, officers, employees, agents, licensors, or representatives be liable for any loss or damage whether directly or indirectly caused by a user's reliance on information obtained through the Services.
You understand that all information or materials that you provide in the course of using the Services may be relied upon by Treasure Map, other users or third parties. You warrant that all information and materials that you provide, including without limitation, bank account details required by Treasure Map to deposit funds, are accurate and correct and accept full responsibilities for the information and material.
You warrant that you are the proprietor of or have the proprietary rights or authority to use the Information and that you have an irrevocable right to grant Treasure Map the Licence to use all the Information you have provided. You further warrant that all the Information you have provided shall not infringe any copyright, obligation of confidentiality, patent or other right of property belonging to or benefiting any third party and that by providing the Information, you are granting Treasure Map the perpetual, irrevocable and royalty-free right and Licence to use the Information including without limitation, to reproduce, reformat, adapt, modify, excerpt, translate, publish and distribute any Information and to make such Information available to other individuals, companies or entities with whom Treasure Map has relationships with and to use such Information in connection with the provision of its Services.
You acknowledge and agree that the Licence granted to Treasure Map to use the Information also permit Treasure Map to transmit or distribute the Information over various public networks and in various media.
You understand that all materials, including but not limited to, written text, computer software, music, photographs, videos, which you have access to, whether publicly posted or privately transmitted through the Services (collectively referred to as "data") may be protected by intellectual property rights of the person or entity from which such data originated. You agree that you will not infringe such rights and will not modify, licence, lease, distribute or otherwise deal with the data unless prior consent has been obtained. Such data is the sole responsibility of the person or entity from which the data originated. Treasure Map cannot guarantee the authenticity of any data which users may provide or relationships they may describe and that Treasure Map will not, in anyway, be liable for any errors or omissions in any data.
You acknowledge and agree that Information provided by you includes all information and materials provided under your account, with or without your knowledge and whether or not they have been provided in breach of security and that you are solely responsible for all the Information provided.
Treasure Map cannot guarantee the identity of any users of the Services or any users with whom you may interact with in the course of using the Services.
As a Service to the members Treasure Map may include Hypertext links to other websites. These links are provided solely for user's convenience and not as an endorsement by Treasure Map of the third-party sites and is does not imply that Treasure Map has any relationship with this person, entity or website. Treasure Map accepts no responsibility for websites which may be accessed through this Service or for the payment of any fees or charges incurred or levied by when accessing these websites or any website that may be accessed from the Treasure Map website. If you access these websites, you do so at your sole risk.
Standard Terms of Sale
It is your responsibility to read, understand and comply with the terms of sales as listed below and any terms of sale published by the participating supplier of goods and/or services (“Merchant”).
Your access to or the use of the Services on Treasure Map constitutes your acceptance to be bound by the Essential Terms that includes the Terms of Sale regardless whether or not you have clicked to accept the terms where such option is made available to you. If you do not agree to be bound by the Essential Terms, you must not use or access the Services. Your continued access or use of the Services constitutes your acceptance of the Essential Terms and your representation that you are of legal age to be bound by the Essential Terms.
By placing an order for a Coupon from a Merchant on Treasure Map website (Treasure Map Merchant or Merchant), you expressly agree that you are making an offer to purchase the Coupon subject to the Terms of Sale as listed below and the Merchant's terms and conditions of sale.
The Coupon you purchased through Treasure Map is redeemable for goods or services from the Merchant or as otherwise specified by the Merchant. The Merchant is the seller of the Coupon and the goods and services and is solely responsible for honouring and redeeming any Coupon you purchase. The Merchant as the issuer of the Coupon shall be fully responsible for any and all injuries, illnesses, damages, losses, claims, liabilities and costs suffered directly or indirectly by the purchaser or user of the Coupon, whether caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Coupon or portions thereof.
By assessing or using the Services, you acknowledge and agree that Treasure Map is not involved in the actual transaction between a buyer and a seller or you and the Merchant. As a result, Treasure Map has no control over the quality, safety or legality of items or contents posted by Merchants or users on Treasure Map website, the truth or accuracy of listings, the ability of the Merchants or sellers to sell items or the ability of the users or buyers to buy items. We cannot ensure and do not guarantee that a user or browser of Treasure Map website will actually complete a transaction or act lawfully in using the Treasure Map website. You acknowledge, agree and accept that Treasure Map is not the seller of the Coupon or the goods and services supplied by a Merchant and is not responsible for and disclaim all liability for any loss or damage (whether actual, special, directly, indirectly or consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with a transaction, however caused as well as for any unclaimed property liability arising from unredeemed Coupon or portion thereof. You waive, and release Treasure Map and its officers, directors, employees, shareholders and agents, licensors or representatives from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Coupon or the goods and/or services provided in connection therewith.
As Treasure Map website is merely providing the online venue for merchants to offer or sell their goods and services and as Treasure Map is not otherwise involved in the transactions and interactions between buyers and sellers or you and the Merchants, Treasure Map does not offer any form of insurance or other buyer or seller protection. However, the credit card and PayPal payment facility on the Treasure Map website may offer limited buyer or seller protection and you should familiarise and satisfy yourself with these prior to proceeding with a transaction of any kind within or through the Treasure Map website.
The following terms apply to all transactions and on all Coupons unless specified otherwise by the Merchants.
- A Coupon may be applied only to the goods and services supplied by the Merchant who issued the Coupon.
- A Coupon is not exchangeable or redeemable for cash.
- Limited to one (1) Coupon per redemption. Only one Coupon can be used per order.
- A Coupon must be used in its entirety and on a one time basis only and may not be redeemed incrementally or over time. For a restaurant Coupon, it may only be used for dine-in only.
- A Coupon may be applied to Goods and Services charges (GST) in Australia but does not cover gratuity.
- Coupon cannot be combined with other vouchers, coupons, offers, gift certificates or promotions.
- Restaurant Coupons can be used for alcoholic beverages (in accordance with applicable laws).
- Original Coupon must be presented at the Merchant where the Coupon was issued.
- It is the purchaser's or user's responsibility to safeguard the Coupon and not to reproduce or allow others to reproduce the Coupon. No replacement Coupon will be supplied. Whilst all care is taken to only accept or honour the original Coupon, the Merchant and Treasure Map are not responsible for accepting a copied Coupon, in which case, the original Coupon will be rendered void.
- Any attempt to present copied Coupons or present a Coupon not consistent with these terms of sale and the Merchant's terms of sale will render the Coupon void.
- Neither the Merchant nor Treasure Map is responsible for lost or stolen Coupons.
- Reproduction, sale or trade of the Coupon is prohibited.
- Merchant reserves the right to request identification at time of redemption.
For campaign costs and pricing applicable to Treasure Map Merchants supplying goods and services, please refer to “Treasure Map for Business” on Treasure Map website. In accessing or using the Treasure Map website, a Merchant acknowledges and agrees that Treasure Map may make changes to campaign costs and pricing from time to time. We suggest that you re-read the terms on campaign costs and pricing from time to time in order to stay informed of any changes. You understand and agree that if you use the Services after the date on which the campaign costs and pricing have changed, your use will be treated as your acceptance of the amended costs and pricing.
Changes to the Terms
Monitoring and Enforcement
You acknowledge and agree that your access and use of the Services is at your own discretion and risk and that Treasure Map is not obligated to control or monitor the activities, data, materials or information (collectively referred to as "Content") associated with the Services and does not guarantee the accuracy, integrity or quality of Content.
You acknowledge and agree that Treasure Map is not obligated to take any action in relation to any Content and under no circumstances will Treasure Map be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, Content that may be offensive or any loss or damage of any kind incurred directly or indirectly as a result of the use of, access to, or denial of access to any Content on the website.
- your use of the Services;
- unauthorised access to or alteration of your communications with or through the Services, or
- any other matter relating to the Services.
Any business transactions which may arise directly or indirectly between users or with Merchants from their use of Treasure Map are the sole responsibility of the users involved.
Disclaimer of Warranties
You understand and expressly agree that the Services of the Treasure Map website and any of the third party sites is provided on an "as is" and "as available" basis and that your use is at your sole risk. Treasure Map, its affiliates, licensors, its employees, shareholders, agents, directors, officers or merchants do not assume any responsibility for prompt, proper, error-free delivery or retention of any information or communications between users, nor do they make any warranty as to the results that may be obtained from the use of the Treasure Map website or any third party sites or the accuracy, reliability or content of any information, service or coupon provided through the Treasure Map website or any of the third party sites or assume any responsibility for the accuracy or existence of any communications between users. In so far as permitted by law, Treasure Map expressly disclaims all warranties of any kind whether expressed or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
Treasure Map does not represent or makes warranty to you that
- the Services will meet your requirements;
- the Services will be uninterrupted, timely, secure or error-free or terminated;
- any information or Content in the website or obtained from the use of the Services is accurate or reliable;
- the quality of any products, information, services or other materials obtained or purchased by you through the Services will meet your expectations or will be of merchantable quality or fit for purpose; and
- any software provided to you as part of the Services is error-free.
- any product featured in a Deal will be the only product of that type featured in the Treasure Map website.
In using the Services, you may use a service or purchase a product, which are provided by another individual or entity. Your use of those other services or your purchase of the product may be subject to separate terms between you and that individual or entity concerned. You acknowledge and agree that Treasure Map does not represent or make warranty to you that the services or goods meet your requirements or are of merchantable quality or fit for purposes and that you use those services or purchase those products at your sole discretion and risk. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other injury, damage or disruption of any kind as a result of the use of the Services or from the download of any such material.
Limitation of Liability
You understand and expressly agree that Treasure Map shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited, to damages for loss of profits, loss of goodwill or loss of data, damages to computer hardware or software, whether incurred directly or indirectly arising out of or related to the Services or this Agreement and even if Treasure Map has been advised of the possibility of such damages.
In so far as permitted by law, Treasure Map expressly disclaims all warranties of any kind whether expressed or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement regarding the Content and the Services. In no event will Treasure Map's liability in connection with a transaction exceed the amounts paid for such transaction and in any case the total aggregate liability arising out of or related to the use of the Treasure Map website or its Services shall not exceed the amounts paid by the user during the six (6) months preceding the bringing of any claim.
Treasure Map, the Treasure Map logo, and other Treasure Map logos and names are the intellectual property of Mapmy Aus Pty Ltd as owner or who has the proprietary rights over them. You agree not to display or use these intellectual properties in any manner without Treasure Map's prior written permission. Everything located on or in this Site including the third party sites is the exclusive property of Treasure Map or used with express permission of the copyright and/or trademark owner. The copyrighted material, trademarked and the proprietary information on the site includes and not limited to text, software, photos, graphics and sound. You may not modify, distribute, publish, transmit, create derivative works or in any way exploit any of the contents, in whole or in part.
You acknowledge and agree that your access and/or use of the Services does not give you a right to use any of the Treasure Map trade names, trade marks, logos, domain names and any other brand features.
Treasure Map Communications
Signing up for a Personal Treasure Map account is free. Treasure Map reserves the right to charge for the Treasure Map Service or any portion thereof, modify the pricing of, add to, or discontinue the Treasure Map Service or any portion thereof without prior notice.
Refund / Cancellation Policy
Our refund policy is as follows:
Treasure Map Coupons are non-refundable and cannot be exchanged, refunded or redeemed for cash because you have changed your mind, are unable to use the Coupon or the Coupon has been lost or stolen.
If Treasure Map has posted incorrect information, an omission or made an error such as advertising the wrong product then we will refund or exchange the amount you paid for the Coupon.
If however you are unhappy with the service or feel the Treasure Map experience has not lived up to your expectations we would like to hear from you. We can't fix an over cooked steak at one of our Merchants but we can make sure your experience here is as good as it can be.
Treasure Map Contact
Please send any questions or comments, or report violations of the User Agreement to support on the website or write to:
support @ treasuremap.com.au
Suite 1 Commerce Place
37 Bundall Road
Surfers Paradise Queensland 4217