- General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Helpee.
1.2 Helpee means Helpee Australia Pty Ltd (ACN 649 156 301), a company incorporated under the laws of NSW with its registered office in Level 2, 11 York 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 Helpee’s Site and on the Voucher.
1.5 The Merchant is a third party unrelated to Helpee that sells, supplies and/or provides the Merchant Offering. Helpee does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher.
1.6 Helpee 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.
- Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a purchase you need to register and create an account with Helpee.
2.2 By clicking on the “Buy Now” button you submit an offer to Helpee to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Helpee confirming acceptance of your offer. Helpee expressly reserves the right to reject your offer. In addition, even if Helpee 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 Helpee, an affiliated third party of Helpee 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
- 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 Helpee;
(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 Helpee 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.
3.4 In the event that a Merchant Offering on the Helpee Site is a “Direct Checkout” deal, Helpee will collect your shipping details at the time of purchase. Helpee will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you.
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. Helpee 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.
3.8 On behalf of the Merchant, Helpee may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
3.9 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, Helpee will notify you as soon as possible by email. Helpee will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher or by issuing Helpee credit.
- 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 Helpee 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 Helpee’s discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited
- Cancellation (and exceptions), Refunds and Problems
5.1 Unless otherwise stated in the specific fine print of the deal, you have the right to cancel your purchase of the Voucher within 7 business days (Monday to Friday excluding public holidays in Sydney Australia) after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Helpee is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed you are not entitled to a refund (in whole or in part). Please note that, for the avoidance of doubt, this section also applies to all “Direct Checkout” deals.
5.2 If you want to cancel your purchase of a Voucher you can do so by sending us SMS on 04933 84476
5.3 If you cancel your purchase of the Voucher in accordance with this section 5., Helpee will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Helpee about your cancellation.
5.4 If you redeem your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not Helpee, is responsible for the supply and/or provision of the Merchant Offering Helpee only sells and supplies the Voucher. However, if you and the Merchant cannot agree on how to resolve the complaint, Helpee may, upon your request, try to help resolve the issue between you and the Merchant
5.5 All refunds will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at https://helpee.com.au/contact-us . If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. Helpee will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Helpee related to, arising out of, or connected to that Voucher.
- Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not Helpee, 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 Helpee acting as the agent of the Merchant.
- Helpee’s Standards of Services and Liability
7.1 Helpee 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 Helpee is always liable for: (a) death and personal injury caused by Helpee’s 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, Helpee is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
7.4 Helpee does not promise the completeness, fitness for purpose or legality of the Merchant Offering. Helpee is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
7.5 Helpee 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, Helpee’s 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.
- Helpee’s Site
9.1 If you breach these Terms of Sale and Helpee takes no action against you this does not mean that Helpee has waived its rights and remedies with regard to your breach. Helpee 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.
9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Helpee for the purpose of legal process) or by pre-paid post. Any notice Helpee sends to you will be to the address you supplied to Helpee when you registered for your Helpee account. You can send any notice to Helpee at the registered office address as set out in section 1.2.
9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision. Helpee Terms of Sale.
9.4 These Terms of Sales are governed and interpreted by the laws of NSW, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of NSW.