Terms And Conditions | ShaaraDeals

Shaara Deals Customer Terms and Conditions

1 Introduction

1.1 These terms and conditions (Terms) are entered into between Shaara Deals Limited NZBN 9429053596291 (we, us or our)

and you (the Customer), together the Parties and each a Party.

1.2 We operate an online deals and voucher marketplace platform that connects Merchants with customers by running time-

limited promotional deals (Platform).

1.3 In these Terms, you or Customer means the person registered with us as a customer on the Platform, or the individual

accessing or using the Platform.

2 Acceptance and Platform Licence

2.1 You accept these Terms by completing the customer registration process, creating a Customer Account, and accepting

these Terms on the Platform.

2.2 You must be at least 18 years old to use the Platform.

2.3 We may amend these Terms at any time by publishing the updated Terms on our website and updating the "Last updated"

date accordingly. We will also provide written notice to you of any material changes. By continuing to use the Platform

after 30 days from the date the updated Terms are published (or from the date of written notice, whichever is earlier), you

agree to be bound by the amended Terms. We encourage you to review these Terms regularly to stay informed of any

updates. If you do not agree to the amendment and it adversely affects your rights, you may terminate your Account with

effect from the date of the change by providing written notice to us.

2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide,

non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our

prior written consent.

2.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information

without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.

3 Customer Accounts

3.1 You must register on the Platform and create a customer account (Customer Account) to purchase vouchers.

3.2 You may only have 1 one Customer Account on the Platform.

3.3 When registering for a Customer Account, you must provide your first name, middle name (optional), last name, phone

number, location (town/city and region), and email address. You must also choose a password. At the time of registration,

you must agree to these Terms and our Privacy Policy. Without agreeing, your Customer Account will not be created.

3.4 You may subscribe or unsubscribe from promotional emails at any time by adjusting your email preferences in your

Customer Account settings. All personal information you provide to us will be treated in accordance with our Privacy Policy

and the Privacy Act 2020.

3.5 You agree to provide and maintain up to date information in your Customer Account and to not share your Customer

Account password with any other person. Your Customer Account is personal, and you must not transfer it to others.

3.6 You are responsible for keeping your Customer Account details and your username and password confidential and you will

be liable for all activity on your Customer Account, including purchases made using your Account details. You agree to

immediately notify us of any unauthorised use of your Customer Account.

3.7 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity

verification, cancellation history, quality of services and threshold of reviews.

4 Platform summary

4.1 The Platform is a marketplace where Customers can purchase time-limited promotional deals and vouchers for goods and

services offered by Merchants. We provide the Platform to users (including hosting and maintaining the Platform) and

process payments between Customers and Merchants (together the Shaara Deals Services). You understand and agree that

we only make available the Shaara Deals Services. We are not party to any agreement entered into between a Customer

and a Merchant and we have no control over the conduct of Merchants, Customers or any other users of the Platform.

4.2 How the Platform Works:

(a) Browsing Deals: You browse time-limited promotional deals and vouchers for goods and services offered by

merchants on the Platform (Merchant Listings).

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(b) Purchasing Vouchers: You purchase vouchers by paying the price for the goods and services as set out in the Merchant

Listing (Listing Fees) through the Platform.

date and terms and conditions as set out in the relevant Merchant Listing. Vouchers are valid for a maximum period of

90 days from the date of purchase, unless sold out earlier or otherwise subject to the participating Merchant's stock

availability and promotional limits.

(d) Redeeming Vouchers: You redeem vouchers by presenting the unique voucher code to the Merchant. The Merchant is

responsible for verifying the voucher code and providing the goods and services described in the Merchant Listing.

(e) Merchant Responsibility: Merchants, and not us, are solely responsible for the accuracy of Merchant Listings, the

quality of goods and services provided, and compliance with all consumer guarantees and applicable laws.

5 Purchasing Vouchers and Payment

5.1 Payment Options: When you purchase a voucher through the Platform, you will be offered two payment options – pay

online or pay in-store, the payment option you select will be confirmed at the time of purchase and displayed on your

voucher.

5.2 Pay Online: When you select the pay online option:

(a) Payment is processed at the time you complete your purchase through the Platform.

(b) Online payment processing fees apply and are payable by you. These fees will be displayed separately at the time of

purchase and cover the costs of processing your payment through our third-party payment processor.

and specific deal immediately upon purchase. We do not exercise any discretion over how customer funds are

allocated or distributed. Our payment processor releases the Listing Fees directly to the Merchant in accordance with

the payment processor's payment cycle.

5.3 Pay In-Store: When you select the pay in-store option:

(a) No payment is processed through the Platform at the time you claim the voucher.

(b) You must present your voucher (including the unique voucher code) to the Merchant when you wish to redeem it.

(d) The Merchant is responsible for collecting payment from you.

(e) Payment processing fees do not apply to pay in-store vouchers.

(f) If you do not redeem your pay in-store voucher before the expiry date, no payment is required and the voucher will

expire.

5.4 The payment methods we offer are set out on the Platform. We do not store any credit card details, and all payment

information is collected and stored through our third-party payment processor.

5.5 You must not pay, or attempt to pay, the Listing Fees or payment processing fees by fraudulent or unlawful means. If you

make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to

make the payment.

6 Voucher Redemption

6.1 Expiry Dates: Vouchers are time-limited and must be redeemed before the deal expiry date stated on the voucher. Deals

are valid for a maximum period of 90 days from the date of purchase, unless sold out earlier or otherwise subject to the

participating Merchant's stock availability and promotional limits. Vouchers cannot be redeemed after the expiry date.

6.2 How to Redeem: To redeem a voucher, you must present the unique voucher code to the Merchant. The Merchant will

verify the voucher code and provide the goods and services described in the Merchant Listing.

6.3 The Merchant is solely responsible for providing the goods and services described in the Merchant Listing. We are not

responsible or liable for the quality, safety, legality or delivery of any goods or services provided by Merchants.

7 Refunds and Cancellation Policy

7.1 The refund and cancellation of vouchers (including unused, expired or redeemed vouchers) is a matter between you and

the Merchant. You must contact the Merchant directly for any refund requests or disputes relating to vouchers.

7.2 If you claimed a pay in-store voucher and have not yet redeemed it or paid the Merchant, you may cancel your voucher by

contacting the Merchant directly. No refund is required as no payment has been made. If you have already redeemed your

pay in-store voucher and paid the Merchant, any refund requests must be made directly to the Merchant in accordance

with their refund policy.

7.3 If you have purchased a voucher online, the Listing Fees are paid directly to the Merchant by our payment processor. The

Merchant is solely responsible for:

(a) processing any refund requests you may have in relation to vouchers (whether unused, expired or redeemed);

(b) determining their own refund and cancellation policies in relation to vouchers; and

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7.4 Payment processing fees are non-refundable except where required by New Zealand consumer laws.

7.5 You have rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and other New Zealand consumer laws in

relation to the goods and services provided by merchants. Where you are entitled to a remedy under consumer laws

(including a refund, replacement, repair or compensation), the Merchant is responsible for providing that remedy directly

to you.

7.6 For disputes with Merchants relating to refunds, quality of goods and services, or any other matter, we encourage you to

attempt to resolve disputes with the Merchant directly and in good faith. You must attempt to resolve disputes directly

with the Merchant before pursuing any formal legal action. We are not a party to disputes between Customers and

Merchants.

7.7 This clause will survive the termination or expiry of these Terms.

8 Accommodation Bookings

8.1 If you purchase a voucher for accommodation services (including hotels, motels, lodges or other accommodation providers)

(Accommodation Voucher), the following additional terms apply.

8.2 Accommodation Vouchers are subject to availability and the Merchant’s listing terms. You must contact the Merchant

directly to confirm your booking dates and availability before your intended stay. The Merchant may require advance

notice for bookings.

8.3 Any changes to your booking dates, room type, number of guests or other booking details must be arranged directly with

the Merchant and are subject to the Merchant's availability and booking policies.

8.4 Cancellation policies for Accommodation Vouchers are determined by the Merchant and will be set out in the relevant

Merchant Listing. You must review the Merchant's cancellation policy before purchasing an Accommodation Voucher.

Cancellation requests must be made directly to the Merchant in accordance with their cancellation policy. You are

responsible for understanding and complying with the Merchant's cancellation policy.

8.5 If you fail to arrive for your confirmed booking without prior cancellation (a "no-show"), the Merchant may refuse to

provide a refund or alternative booking. No-show policies are determined by the Merchant and may result in forfeiture of

the full Listing Fees.

8.6 The Accommodation Voucher covers the accommodation services as described in the Merchant Listing only. You are

responsible for paying any additional charges directly to the Merchant. The Merchant will advise you of any additional

charges at the time of booking or check-in.

8.7 Any disputes relating to Accommodation Vouchers (including booking issues, cancellations, refunds, additional charges, or

the quality of accommodation) must be resolved directly with the Merchant. We are not responsible for the quality,

availability or delivery of accommodation services.

8.8 This clause will survive the termination or expiry of these Terms.

9 No Endorsement or Representation

9.1 The Platform features a wide variety of goods and services offered by Merchants, including (but not limited to)

accommodation, dining, activities, retail products, beauty services, health and wellness services, and other goods and

services. We do not endorse, recommend, guarantee or make any representation about:

(a) the quality, safety, legality, suitability or availability of any goods or services offered by Merchants;

(b) the accuracy, completeness or reliability of any information in Merchant Listings;

(d) whether any goods or services are suitable for your particular needs or circumstances;

(e) whether any Merchant complies with applicable laws, regulations or industry standards.

9.2 We do not verify, investigate or conduct background checks on Merchants or the goods and services they offer. The

inclusion of a Merchant Listing on the Platform does not constitute an endorsement, recommendation or guarantee by us.

9.3 Any promotional content, advertising, images, descriptions or other materials on the Platform are provided by Merchants

or third parties. We are not responsible for the accuracy or content of promotional materials.

9.4 You are solely responsible for:

(a) evaluating the suitability of any goods or services before purchasing a voucher;

(b) reading and understanding the terms and conditions of Merchant Listings (including cancellation policies, restrictions

and limitations);

(d) making your own enquiries with Merchants before purchasing vouchers (particularly for high-value purchases or

services with specific requirements).

9.5 We strongly recommend that you read reviews, check the Merchant's website and policies, and contact the Merchant

directly if you have any questions before purchasing a voucher.

9.6 This clause will survive the termination or expiry of these Terms.

10 Merchant Listings and Terms

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10.1 Merchants are responsible for the accuracy and completeness of their Merchant Listings, including descriptions of goods

and services, pricing, terms and conditions, expiry dates, and any restrictions or limitations.

10.2 By purchasing a voucher, you agree to the terms and conditions set out in the relevant Merchant Listing.

10.3 We are not responsible for the content of Merchant Listings or for any inaccuracies, omissions or misleading information in

Merchant Listings.

11 Communication

11.1 We may contact you via the Platform using in-account notifications, or via email, text, or phone using the contact details

you provide in your Customer Account.

11.2 You may contact us using the contact details set out at the end of these Terms.

12 Privacy and Customer Information

12.1 All personal information collected through the Platform is handled in accordance with our Privacy Policy.

12.2 When you purchase a voucher, we will provide the Merchant with your full name and voucher details (including the unique

voucher code) to enable the Merchant to verify and redeem the voucher.

12.3 We will not provide the Merchant with your phone number, email address or other personal information unless necessary

for the provision of the goods and services or as otherwise required by law.

13 Intellectual Property

13.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in

connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest,

or remain vested, in us.

13.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

13.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to

any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying

any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website;

or creating derivative works from any of Our Intellectual Property.

13.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media

page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

deceptive; and

(d) you comply with all other terms of these Terms.

13.5 This clause will survive the termination or expiry of these Terms.

14 Content you upload

14.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content and Reviews (User

Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User

Content on social media using specific hashtags (#) (Tag).

14.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a

worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right

to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit,

stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social

media platforms.

14.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including

on social media using a Tag. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases

that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our

use of the User Content on, through or by means of our Platform (including on social media) will infringe,

misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the

violation of any applicable law or regulation.

14.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion),

remove any User Content.

14.5 This clause will survive the termination or expiry of these Terms.

15 Reviews

15.1 You may review your experience with a Merchant on the Platform, including the goods and services (Review).

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15.2 Reviews can be viewed by any user and will remain viewable until the relevant Customer Account is removed or

terminated.

15.3 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair,

inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not

undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any

Reviews.

15.4 You can write a Review about a merchant if you have had an experience with that Merchant, which means that (1) you

have purchased a voucher from the Merchant through the Platform; or (2) you can otherwise document your interaction

with the Merchant in relation to the Platform, including via correspondence (collectively referred to as a Customer

Experience).

15.5 You may not write a review about a Merchant you have previously owned, currently own, or which an immediate family

member currently owns, or if you are an executive or employee of that Merchant, or work for the Merchant. Similarly, you

may not write a Review about a direct competitor to the Merchant that you own, are employed by or work for.

15.6 Your Customer Experience must have occurred in the 12 months prior to you writing a Review.

15.7 You may only write about your own Customer Experience. You are not permitted to write a Review about somebody else's

Customer Experience, such as that of a family member or friend.

15.8 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Merchant to write

a Review, you should include information about this in your Review. Incentives include the Merchant offering you a gift,

reward, discount or advantage for writing a Review about the Merchant on the Platform.

15.9 This clause will survive the termination or expiry of these Terms.

16 Warranties

16.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

16.2 Subject to any rights you may have under New Zealand consumer laws, we exclude all express and implied warranties, and

the Platform and all services are provided to you without warranties of any kind, either express or implied, whether in

statute, at law or on any other basis.

17 Consumer Law Rights

17.1 As a Customer, you have rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and other New Zealand

consumer laws in relation to the goods and services provided by Merchants. Nothing in these Terms limits or excludes your

rights under New Zealand consumer laws.

17.2 This clause will survive the termination or expiry of these Terms.

18 Limitations on liability

18.1 We provide the Platform and the Shaara Deals Services on an "as is" and "as available" basis. To the maximum extent

permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or

contributed to by, arising from or connected with:

(a) any aspect of the interaction between Customers and Merchants, including the goods and services offered by

Merchants, the description of goods and services, any advice provided by Merchants, the performance of services or

supply and delivery of goods. We do not endorse, guarantee or assume responsibility for any goods or services

advertised or offered by Merchants through the Platform. Merchants are solely responsible for the goods and services

they provide; any disputes, claims, complaints or issues between Customers and Merchants;

(b) any disputes, claims, complaints or issues between Customers and Merchants. All disputes must be resolved directly

between the Customer and the Merchant;

(c) any loss, damage or injury suffered by Customers or third parties as a result of goods or services provided by Merchants

(including allergic reactions, side effects, personal injury, property damage or any other harm);

(d) the actions or omissions of third party service providers, including our payment processor, hosting provider, or any

other third party services used in connection with the Platform;

(e) the unavailability of the Platform due to maintenance, technical issues, hosting or server failures, natural disasters, war,

cyber-attacks, hacking or other events beyond our reasonable control. We do not guarantee that the Platform will be

available at all times or that it will be error-free, secure or free from viruses or other harmful components;

(f) any loss or corruption of data, or any damage to your device or systems. We are not responsible if the Platform is

hacked, if personal information is compromised, or if there is any loss or corruption of data. You are responsible for

maintaining your own backups of any data you upload to the Platform;

(g) any damage to your device caused by the Platform; or

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(h) any reliance you place on information, descriptions, images or promotional content in Merchant Listings or on the

Platform. You acknowledge that you are solely responsible for evaluating the suitability of goods and services before

purchasing vouchers.

18.2 Despite anything to the contrary, to the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant

Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel,

including any failure by that party to mitigate its losses; and

(c) Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the greater of

NZD $100 or the Listing Fees and payment processing fees paid by you (the Customer) for the relevant voucher that

gave rise to the Liability.

18.3 This clause will survive the termination or expiry of these Terms.

19 Termination

19.1 Termination by You: You may terminate your Customer Account and these Terms at any time by providing written notice

to us or by using the account cancellation functionality on the Platform (if available). Your termination will take effect 30

days after we receive your notice (or such other period as we agree in writing).

19.2 Termination by Us:

19.3 Upon expiry or termination of these Terms: These Terms will terminate immediately upon written notice by us if:

(a) you breach a material term of these Terms and that breach has not been remedied within 10 business days of you

being notified of the breach by us;

(b) you are unable to pay your debts as they fall due;

(d) we reasonably believe that your continued use of the Platform poses a risk to us, to Merchants or to other users of the

Platform.

19.4 We may also terminate these Terms for convenience by providing you with 30 days' written notice.

19.5 Suspension: Should we suspect that you are in breach of these Terms, we may suspend your Customer Account while we

investigate the suspected breach.

19.6 Effect of Termination: Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform and your Customer Account will be deactivated;

(b) we will immediately cease providing the Shaara Deals Services to you;

these Terms, we will refund you in accordance with the Refunds and Cancellation Policy clause;

(d) where we terminate these Terms as a result of your unrectified breach, you agree to pay us our reasonable additional

costs directly arising from such termination, including recovery fees and legal costs.

19.7 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid amounts on a pro-rata

basis.

19.8 Termination of these Terms will not affect any rights or liabilities that a party has accrued under it.

19.9 This clause will survive the termination or expiry of these Terms.

20 General

20.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or

obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably

withheld).

20.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection

with these Terms, to a debt collector, debt collection agency, or other third party.

20.3 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any

question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Merchant and us, a

Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the

other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that

initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be,

either Party may ask the New Zealand Disputes Resolution Centre to appoint a mediator. The mediator will decide the time,

place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The

costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party

from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

20.4 Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no

representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in

these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings,

representations, warranties, commitments and agreements, in respect of its subject matter.

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20.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these

Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on

the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event

and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration

and adverse consequences of the Force Majeure Event.

20.6 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and

effect to these Terms and your obligations under it.

20.7 Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits

to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those

courts and waives any right to object to proceedings being brought in those courts.

20.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the

details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been

served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

20.9 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency

relationship between the Parties.

20.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read

down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that

provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that

provision or the other provisions in these Terms.

20.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do

not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you

make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a

third party website linked from the Platform, such third party provides the goods and services to you, not us. We may

receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link

on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice

to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links

are Affiliate Links.

21 Definitions

21.1 Consequential Loss means , whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;

any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act

or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the

Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or,

any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity,

loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay

us the Fee under these Terms will not constitute “Consequential Loss”.

21.2 Customer means a person who registers for an account on the Platform for the purpose of browsing and purchasing

vouchers for goods and services offered by Merchants through the Platform, and redeeming vouchers with Merchants to

receive the goods and services.

21.3 Customer Account means your account on the Platform.

21.4 Customer Experience means an experience with a Merchant as defined in the Reviews clause.

21.5 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

21.6 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law,

equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how,

inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or

source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or

modifications of, the foregoing, whether or not registered or registrable.

21.7 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or

judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising,

whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party

or a party to these Terms or otherwise.

21.8 Listing Fees means the price charged by a Merchant for goods and services as set out in a Merchant Listing.

21.9 Merchant means a business entity or person that registers for a merchant account on the Platform for the purpose of

offering goods and services for sale through time-limited promotional deals and vouchers on the Platform, and providing

those goods and services to customers who purchase and redeem vouchers.

21.10 Merchant Listing means a listing of a merchant's goods and services on the Platform.

21.11 Our Intellectual Property means all intellectual property in the Platform, our branding, logos, content and materials.

21.12 Platform means the Shaara Deals online deals and voucher marketplace platform.

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21.13 Review means a review of a merchant as defined in the Reviews clause.

21.14 Shaara Deals Services means the services we provide as set out in the Platform Summary clause.

21.15 Tag means a hashtag used in social media campaigns as defined in the Content You Upload clause.

21.16 User Content means information, content and reviews you upload to the Platform as defined in the Content You Upload

clause.

For any questions or notices, please contact us at:

Shaara Deals Limited (NZBN 9429053596291)

Email: admin@shaaradeals.com

Last update: 16 June 2026

Terms & Conditions