TERMS OF GROUPON ONLINE BOOKING TOOL - MEMBER

1. General Information

1.1 These Terms of Use are a legal document between you and Groupon Australia Pty Ltd (ACN 147 834 151), a company incorporated under the laws of NSW and with its registered office at Level 17, 9 Hunter Street, Sydney, NSW.
1.2 Please read these Terms of Use carefully. You cannot make use of the online reservation service (“Online Booking Tool Service”) without agreeing to these Terms of Use.
1.3 These Terms of Use apply to every online appointment (“Online Booking”) you make with a Merchant, as defined below, via the Online Booking Tool Service through Groupon’s main website (www.groupon.com.au), mobile applications, electronic communications or services and/or social networking sites (“Site”).
1.4 The Site on which the Online Booking Tool Service is made available to you is owned by Groupon. You can find more information about the terms of use of the Site provided by Groupon here: http://www.groupon.com.au/terms_and_conditions#use
1.5 By making an Online Booking through the Online Booking Tool Services, you enter into a direct relationship with the third party seller of the services (“Merchant”) set out on the voucher you purchased through the Site, while Groupon only transmits the details of the Online Booking between you and such Merchant.
1.6 These Terms of Use were last updated in May 2016 (Version 1). Groupon reserves the right to unilaterally amend these Terms of Use at any time. You will be bound only to the Terms of Use which you agree to when you make an Online Booking.

2. Privacy

2.1 By using this Online Booking Tool Service, you are permitting Groupon (or an affiliated entity or other third party) to pass on your personal data to the Merchant in order to make an Online Booking. Where Groupon (or an affiliated entity or other third party) makes your personal data available to a Merchant via the Online Booking Tool Service, Groupon causes the Merchant to use your personal data only to fulfil his obligations in connection with his services, and for no other purpose. Groupon causes the Merchant to ensure that it at all times implements and complies with reasonable security measures, including, but not limited to, such security measures as prescribed by applicable law, in the handling of your personal data. If the Merchant engages any third party to facilitate any of his obligations, he shall ensure that such third party complies with all of obligations under these Terms of Use.
2.2 Please also refer to Groupon’s privacy policies https://www.groupon.com.au/privacy, which are expressly incorporated into these Terms of Use.

3. Account information

3.1 You are responsible for maintaining control over access to your account, including the confidentiality of your username and password, and you are responsible for all activities that occur on or through your account, whether authorised by you or not.
3.2 In the event that you lose the username and/or the password, you need to inform Groupon immediately, so Groupon can reset your account. Groupon will not be liable for any loss or damage arising from your failure to maintain control over access to your account.

4. Disclaimer

4.1 All booking information disclosed to you is based on the information provided to Groupon by the Merchant. Although Groupon will use reasonable skill and care in making available the Online Booking Tool Services, Groupon will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can Groupon be held responsible for any errors, any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate information or non-delivery of information. Each Merchant remains responsible at all times for the accuracy, completeness and correctness of the information (including the availability) displayed on the Site.
4.2 The Merchant is solely responsible for its interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of the interaction with a Merchant or from any product or service provided or delivered to you by any Merchant. You hereby release Groupon from any and all such Claims.
4.3 Save for any liability that cannot be excluded by applicable law, Groupon shall not be liable for any (direct or indirect) loss or damages suffered.

5. Termination

5.1 Groupon may, in its sole discretion, terminate your account and remove and discard any content within the Online Booking Tool Service for any reason, including without limitation, if Groupon believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Groupon is not and will not be liable to you or any third party for any termination of your access to the Online Booking Tool Service.
5.2 If you wish to terminate your account, you shall notify Groupon or, if available, utilize the “cancellation” features in your account and cease using the Online Booking Tool Service. You acknowledge that any termination of your account will result in your inability to schedule an Online Booking by using the Online Booking Tool Service. You further acknowledge that Online Bookings made prior to such termination shall remain valid.
5.3 After termination of your account by any method and for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the Online Booking Tool Service may be deleted. Groupon will not have any liability for information or content that is lost or deleted from your account for any reason.

6. Miscellaneous

6.1 If you breach these Terms of Use and Groupon takes no action against you this does not mean that Groupon has waived its rights and remedies with regard to your breach. Groupon may still take action or exercise its rights and remedies in any other situation where you breach your obligations under these Terms of Use.
6.2 If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision will be deemed severed. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale are not otherwise affected.