For Deal of the Day Website [www.dealofthedaysa.com]
Effective and Last Updated: May 11, 2011
Deal of Day SA.com (the "Site") is a KSAT12 web site offering consumers the opportunity to purchase goods and/or services from third party merchants (“Merchants”) at a discount (a “Deal”). Some of our Merchants require a minimum number of deals be purchased before the deal can be “activated.” Once the minimum amounts have been achieved, you will be notified if/when the deal is activated. Other Merchants may not require a minimum, but may place a maximum on the amount of items/goods to be sold. Once the maximum amount sold has been reached, the deal will be “closed”. Deals cannot be redeemed within 24 hours of purchase. You must redeem the Deal promotional certificate after the “valid” date, but before the expiration date listed on each deal. (For information on refund policies concerning any Deal, please refer to the separate KSAT Refund Policy for details.)
This is how the Site works:
Users will visit www.dealofthedaysa.com to review the Deal, the item/goods available for purchase that given day. If you wish to purchase that Deal, you must create a user account in order to purchase the Deal. Once you place an order for the “Deal of the day,” you agree to purchase the Deal, subject to the requirements which may have been placed on the Deal. At this point, your credit card will be charged. Once you purchase the Deal, you are also agreeing to the terms and conditions set forth in the “Terms of Service” and “Terms of Sale” posted on www.dealofthedaysa.com. You will be sent a confirmation email that all the requirements for the Deal have been met, and your purchase of the Deal is approved. The Deal promotional certificate will be placed into your account with a status of pending. Within 24 hours the status will be updated to “print / mark used.” You are solely responsible for tracking the use and redemption of your Deal promotional certificates. You may mark your Deal promotional certificates as “used” but you should only mark your Deal promotional certificate as “used” after you have actually redeemed the Deal promotional certificate with the Merchant. Each Merchant is responsible for tracking the use of the Deal promotional certificates, and KSAT12 has no responsibility to track the redemption of your Deal promotional certificates. If you mark your Deal promotional certificate as “used” prior to actually redeeming the certificate, the Merchant may not accept your certificate because it is showing as “used” in your account. If this happens, KSAT12 can make your Deal promotional certificate available in your user account again, but it will still be possible that the Merchant may not accept such “corrected” Deal promotional certificate.
Your account will allow you to have access to your purchased Deal promotional certificates, allow you to print your purchased Deal promotional certificates, and view past purchases and/or modify your preferences. In addition, your account will also list (on an updated basis) any (i) refund credits, (ii) “refer a friend” credits, or (iii) other promotional credits (and their respective expiration date, if applicable) that you can apply toward purchase of Deal promotional certificates.
When you purchase a Deal, you will be notified by email that your Deal promotional certificate has been placed into your account. YOU WILL NOT BE ABLE TO USE YOUR PROMOTIONAL CERTIFICATE UNTIL THE DAY AFTER YOU PURCHASE IT (24 hours later). If you do not use the full amount of your purchase, the Merchant may place a “remaining balance” on your promotional certificate, however, this is at the Merchant’s discretion and they are not required to do so. The promotional certificate has no cash value and is not for resale.
The Deal promotional certificates you purchase will include an expiration date. The expiration date could be different for all of the Deals you purchase. You, as the owner of the Deal promotional certificate, are responsible for redeeming the promotional certificate prior to the expiration date. Each individual Merchant may extend the period in which the certificate is valid, where required by applicable law.
Each Deal will have specific terms tied to the goods/services offered each day. Once you purchase the Deal, you are agreeing to abide by these terms.
The Site works with Merchants to provide you with an opportunity to purchase their goods/services. The Merchants are the issuers of the certificates, and bear full responsibility for providing you with the goods and/or services you have purchased. The Merchants will be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by the customer, caused in part or in whole by the Merchant or its goods or services, as well as full responsibility for any unredeemed or partially redeemed certificates. By purchasing the Deal, you are accepting full responsibility for printing your Deal promotional certificate and redeeming it prior to the expiration date, and you agree to use it in accordance with the terms set forth in the Deal and on this agreement. Whether you choose to print and/or redeem your Deal promotional certificate is completely your responsibility.
The Site may at any time change or discontinue this Site or any of the services it offers at any time, without prior notice. We also maintain the right to terminate this agreement at any time, without any prior notice, for any reason. This agreement will be automatically terminated should you not abide by the terms and or agreements set forth on each Deal, or on this Site.
We provide the Site and services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, TITLE, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEALOFTHE DAYSA.COM, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SITE REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.