Terms and Conditions

1.1 You are reading a legal document, which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Good Morning Malta Limited and we are the owner of this website. We are a company registered in Malta with our registered office at The Penthouse - Blue Building - Triq Znuber, Il-Mosta MST4000, Malta.

(and we refer to ourselves as "Dealtodaycom.mt", “Good Morning Malta", “GMM Ltd.”, "we" or "us" or "our" in this document). Our Malta company registration number is C55432.

1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us. 1.3 These Terms and Conditions were most recently updated on the 26th of November 2014 (version 2). We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at support@dealtoday.com.mt) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher will be deemed to constitute acceptance of the new terms and conditions.

1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

2. DEFINITIONS 2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean: 2.1.1 "Merchant" means a third party seller of goods and services for which a Voucher can be redeemed. 2.1.2 "Microsite" means an auxiliary website supplementary to our main website. 2.1.3 "Purchase" means the purchase of a Voucher. 2.1.4 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account). 2.1.5 "Service" means all or any of the services provided by Good Morning Malta via the Website (or via other electronic or other communication from Good Morning Malta) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase). 2.1.6 "Voucher" means a voucher which is subject to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant in exchange for Voucher Products offered by that Merchant. 2.1.7 "Voucher Products" means goods and/or services offered by a particular Merchant which are described as part of a Voucher. 2.1.8 "Website" means the dealtoday.com.mt website and any Microsite.

3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE 3.1 Applicability of terms and conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement. 3.2 Age: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over. 3.3 Place: The Website and the Service and any Purchase are directed solely at those who access the Website from Malta. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Malta. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Malta, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. 3.4 Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed. 3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase. 3.6 Language: The language used on the entire site including transactions, underpages are all carried out in the English language. 3.7  Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

4. REGISTRATION AND ACCOUNTS 4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, You must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time. 4.2 How to register: To Register you need to supply us with your name, postcode, email address, payment details and possibly some other personal information. See our Privacy Policy for more details about this. 4.3 Passwords: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password. 4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address. 4.5 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IP’s (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-Maltese user pretends to be a Maltese user, or disrupts the Website or the Service in any way. 4.6 Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.5. PURCHASE OF VOUCHERS 5.1 Need for registration: Good Morning Malta sells Vouchers via the Website that can be redeemed for Voucher Products from a Merchant. You must register in order to make a Purchase from the Website. 5.2 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service and Vouchers as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.) 5.3 When a Voucher transaction is complete: When you go through the procedure for purchasing a Voucher, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction is complete (and a contract for Purchase is made) ONLY when we email you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out these terms and conditions from our website as a record. The Voucher purchased will be delivered to you at the email address which You entered during Registration. [J1] While we try and ensure that all prices and/or deals on the Website are accurate, errors may occur. If we discover an error in the price of a Voucher you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Voucher, you will receive a full refund. [J2] 5.4 Right to cancel: Once we send you the Voucher, you may cancel the transaction at any time within 14[J3]  days from the day that you receive the Voucher. If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: info@dealtoday.com.mt or writing to us - in each case, always provided of course that you have not yet redeemed the Voucher. 5.5 This Agreement applies: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement. 5.6 Redemption: Once you have made a Purchase, the Voucher is redeemable by You from a Merchant for Voucher Products provided by that Merchant. The particular Merchant and particular goods and services offered by that Merchant for which the Voucher can be redeemed will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our (or a Merchant’s) discretion. 5.7 RESPONSIBILITY: The Merchant, and not Good Morning Malta Ltd., is: 5.7.1 the seller of the Voucher Products; 5.7.2 solely responsible for providing you with the Voucher Products and for the Voucher Products themselves; and 5.7.3 solely responsible for redeeming any Voucher you Purchase. You understand that You are not purchasing any Voucher Product/s directly from Good Morning Malta and a contract of sale for a Voucher Product is concluded directly with the Merchant and in accordance with that Merchant’s own terms and conditions. Good Morning Malta does not own, endorse, examine or evaluate the Voucher Product/s, and is not responsible for the quality, merchantability or fitness for a particular purpose of the Voucher Product/s. You agree to contact the Merchant directly in relation to questions, complaints or disputes You may have in respect of any Voucher Product/s and shall not involve Good Morning Malta in any dispute relating to the Voucher Product/s. 5.8 Restrictions: (i) Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion. (ii) If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally. 5.9 Combination: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons. 5.10 Lost/stolen vouchers: Neither we or the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers. 5.11 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. 5.12 Status of vouchers: All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to this Agreement and to any terms and conditions of the relevant Merchant. 5.13 Value Added Tax: The sale of Vouchers by us is subject to VAT at 18% in addition to the price of the Voucher. If Maltese VAT law changes we reserve the right to charge you VAT accordingly.[J4]  6. YOUR OBLIGATIONS 6.1 Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone. 6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account. 6.3 Content on the Website and Service and Vouchers: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements. 6.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website: 6.4.1 to send or receive any material which is not civil or tasteful; 6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 6.4.5 to cause annoyance, inconvenience or needless anxiety; 6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; 6.4.7 for a purpose other than which we have designed them or intended them to be used; 6.4.8 for any fraudulent purpose; 6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or 6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity. 6.5 Forbidden uses: The following uses of the Service (and Website) and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following: 6.5.1 resale of the Service (or Website) or any Voucher; 6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; 6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);

6.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure; 6.5.5 executing any form of network monitoring which will intercept data not intended for you; 6.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

6.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings; 6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails; 6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

6.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement; 6.5.11 unauthorized use, or forging, of mail header information; 6.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or 6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE 7.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the service or the website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: support@Dealtoday.com.mt 7.2 We do not warrant that your use of the service or the website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all. 7.3 We do not give any warranty that the service or the website is free from viruses or anything else, which may have a harmful effect on any technology. 7.4 Also, although we will try to allow uninterrupted access to the service and the website, access to the service and the website may be suspended, restricted or terminated at any time. 7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or voucher or service on the website or forming part of the service from time to time. Your access to the website and/or the service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality that is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or voucher from the website or service at any time. 7.6 We reserve the right to block access to and/or to edit or remove any material, which in our reasonable opinion may give rise to a breach of any of this Agreement.

8. SUSPENSION AND TERMINATION 8.1 If you use (or anyone other than you, with your permission uses) the website or service or a voucher in contravention of this agreement, we may suspend your use of the service and/or website (in whole or in part) and/or a voucher. 8.2 If we suspend the service or website or a voucher, we may refuse to restore the service or website or voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this agreement. 8.3 GMM Ltd. shall fully co-operate with any law enforcement authorities or court order requesting or directing GMM Ltd. to disclose the identity or locate anyone in breach of this agreement. 8.4 Without limitation to anything else in this clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the service and/or Website; ii) suspend your use of the service and/or website; iii) suspend the use of the service and/or website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this agreement immediately if: 8.4.1 you commit any breach of this agreement; 8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or 8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. 8.5 Notwithstanding anything else in this clause 8, we may terminate this agreement at any time. 8.6 Our right to terminate this agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. INDEMNITY 9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of: 9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from: a) your use of the service or website; b) the use of a voucher; c) the use of the service or website through your password; or 9.1.2 any breach of this agreement by you.

10. STANDARDS AND LIMITATION OF LIABILITY 10.1 We warrant that: 10.1.1 we will exercise reasonable care and skill in performing any obligation under this agreement, and 10.1.2 we have the right to sell vouchers and that vouchers are of satisfactory quality and fit for their purpose. 10.2 This clause 10 (and clause 1.4) prevails over all other clauses and sets forth our entire liability, and your sole and exclusive remedies in respect of: 10.2.1 the performance, non-performance, purported performance or delay in performance of this agreement or the service or website

(Or any part of it or them); or 10.2.2 otherwise in relation to this agreement or the entering into or performance of this agreement. 10.3 Nothing in this agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; (iii) any breach of the implied warranties which a seller owes to a buyer in terms of the Maltese Civil Code (Chapter 16 of the Laws of Malta); or (iv) any other liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to clause 1.4). 10.4 We do not warrant and we exclude all Liability in respect of: 10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the service or website or otherwise; and 10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and 10.4.3 your use of any information or materials on the website (which is entirely at your own risk and it is your responsibility); 10.4.4 Voucher products for which vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is voucher may be redeemed). 10.5 Save as provided in clause 10.3 but subject to clause 10.6, we do not accept and hereby exclude any liability for loss of or damage to your (or any person’s) tangible property other than that caused by our breach of duty. 10.6 Save as provided in clause 10.3 but subject to clauses 10.4.3 and 10.8, our liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this agreement, shall not exceed €10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this clause 10.6. 10.7 Save as provided in clauses 10.3 and 10.4.3, we do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the terms of this agreement. 10.8 Save as provided in clause 10.3, we shall have no liability for: 10.8.1 loss of revenue; 10.8.2 loss of actual or anticipated profits; 10.8.3 loss of contracts; 10.8.4 loss of the use of money; 10.8.5 loss of anticipated savings; 10.8.6 loss of business; 10.8.7 loss of opportunity; 10.8.8 loss of goodwill; 10.8.9 loss of reputation; 10.8.10 loss of, damage to or corruption of data; or 10.8.11 any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise. 10.9 Save as provided in clause 10.3, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) €50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising. 10.10 The limitation of liability under clause 10.9 has effect in relation both to any liability expressly provided for under this agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this agreement. 10.11 In this clause 10: 10.11.1 "liability" means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this agreement (and for the purposes of this definition, all references to "this agreement" shall be deemed to include any collateral contract); and 10.11.2 "breach of duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

11. DATA PROTECTION 11.1 Please reed our Privacy Policy, which forms part of this agreement.

12. ADVERTISEMENTS 12.1 We may place advertisements in different locations on the website and at different points during use of the service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements). 12.2 You are free to select or click on advertised goods and services or not as you see fit. 12.3 Any advertisements may be delivered on our behalf by a third party advertising company. 12.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognize a unique "cookie" on your browser (reed our Privacy Policy here about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. By accepting this Agreement and purchasing a Voucher, You are agreeing to the use of such “cookies” as described in this Clause and in our Privacy Policy.[J5]  If you would like more information about this practice and to know your choices about not having this information used by any company, reed our Privacy Policy about this.

13. LINKS TO AND FROM OTHER WEBSITES 13.1 Where the website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those other sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for other Sites or for the content or products or services of other sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk. 13.2 This Dealtoday.com.mt website may make available access to Micro sites and if it does, it may do so within or otherwise through external

hyperlinks.

14. INTELLECTUAL PROPERTY RIGHTS 14.1 All intellectual property rights (including all copyright, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the website and service, (subject to Clause 14.4) information content on the website or accessed as part of the service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved. 14.2 None of the material listed in clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without our permission. 14.3 All rights (including goodwill and, where relevant, trade marks) in the GMM Ltd. name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners. 14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or merchant and may be protected by applicable copyright or other law. The agreement gives you no rights to such content. 14.5 The authors of the literary and artistic works in the pages in the website have asserted their moral rights to be identified as the author of those works. 14.6 Subject to clause 14.7, any material you transmit or post or submit to the website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material. 14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the service or the website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in ideas, to us. You understand and acknowledge that we have both internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

15. GENERAL 15.1 Interpretation: In this agreement: 15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons; 15.1.2 clause headings such as ("15. GENERAL" at the start of this clause) and clause titles (such as "Interpretation:" at the start of this clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this agreement; and’ 15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation". 15.2 No partnership/agency: Nothing in this agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. 15.3 No other terms: Except as expressly stated in this agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law. 15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person. 15.5 Force majeure: We shall not be liable for any breach of our obligations under this agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events). 15.6 Entire agreement: This agreement (and our Privacy Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this agreement except as expressly stated in this agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this agreement) and that party’s only remedies shall be for breach of contract as provided in this agreement. However, the service is provided to you under our operating rules, policies, and procedures as published from time to time on the website. 15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this agreement. 15.8 Notices: Unless otherwise stated within this agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to You at the address / email address you supplied to us or to us at our registered office. 15.9 Third party rights: All provisions of this agreement apply equally to and are for the benefit of GMM Ltd., its subsidiaries, any holding companies of GMM Ltd., its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this agreement is otherwise enforceable by any person who is not a party to it.

15.10 Survival: In any event, the provisions of clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the agreement. In the event you use the website or service again, then the provisions of the terms and conditions that then apply will govern your re-use of the website or service. In the event you use vouchers bought under this agreement, then those provisions applicable to vouchers will survive termination of this agreement.

15.11 Severability: If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected. 15.12 Governing law: This agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Maltese law and both parties hereby submit to the exclusive jurisdiction of the courts or relevant administrative tribunals of Malta.

16. Fee's 16.1 Handling fee, we charge 3% on all transactions (Handling fee). 16.2 When paying with PayPal our fee is set at 3.9% on the value of the purchase

17. Countdown on offers. The timer displayed may be changed. This can be extended or shortened.

18. MISCELLANEOUS 18.1 The website and the service is owned and operated by GMM Ltd, a company registered in Malta whose registered office is at Savoy Gardens,  Rue D'Argens, SoHo Office Gzira , GZR 1551 Malta.

If you have any queries please contact Customer Services at info@Dealtoday.com.mt

 

19. Products

Dropshipping/Product Matching/Product Order

Terms and Conditions

  1. General

Good Morning Malta Limited (hereinafter the ‘Company’) is the operator of the domain located at https://dealtoday.com.mt/products/ (hereinafter the ‘Website’). Your use of the Website, in any manner or form whatsoever, constitutes a legally binding relationship with the Company, subject to the terms and conditions contained herein along with the General Terms and Conditions contained on the Website. Throughout these Terms and Conditions, you may be referred to as ‘You’, the ‘User’, the ‘Purchaser’ or by any other term which in context makes reference to You as the counterparty to this binding agreement, which is constituted through your use of the Website.

These Terms and Conditions govern Your relationship with the Company when purchasing products from the Website, such Website shall only serve as a catalogue of third-party goods and a purchase platform, under a ‘Dropshipping’ arrangement. The term Dropshipping shall be defined as ‘An arrangement whereby the User selects products from the Website and makes an order for such products through electronic means. Upon completion of an order from the User, the products in question are sourced by the Company from third party suppliers and shipped directly from such suppliers to the User unless otherwise specified. Under no circumstances shall the Company be considered to be the seller of any products but shall solely be considered as an intermediary for all intents and purposes of this Agreement and at Law’ unless otherwise specified. You hereby confirm that you are aware of this and that you consent to the relationship as set out herein and the terms hereof

Under no circumstances shall this Agreement limit the liability of the Company as an intermediary under Law or deviate from the statutory rights of the User.  The Company also does not exclude any liability for gross negligence. It is hereby established that by using the Website, the User is simply making use of an order matching platform, connecting him/her with the supplier of the products in question and therefore any consumer rights are to be enforced directly against the suppler The Company shall do its utmost to facilitate any consumer claim you may raise against third party suppliers but shall not, under any circumstances, be considered by you to be the supplier of the goods in question.  

You hereby consent that the Consumer-Supplier relationship is between You and the third- party suppliers with whom your order is matched by the Website. You are notified of this by e-mail upon your creation of a User Account as defined hereunder. Your continued use of the Website, your User Account, and the Creation of Orders (as defined below) signify that you have seen the e-mail soliciting your consent. You may revoke your consent to the above acknowledgement at any time by deleting your User Account and refraining from using the Website.

 

Nothing in these terms and conditions shall limit your statutory rights which are deemed to be enforceable against any third-party supplier.

  1. User Account

A User Account is a unique identifier which enables the Company to transact with you. Your creation and use of a User Account shall be governed by the General Terms and Conditions found at the Website. We advise that you study the sections on User Accounts and Passwords found at this link: My DealToday. It is hereby acknowledged that you shall keep all details of your user account private and confidential. We shall not be held liable for any orders made through your user account by third parties unless it is proven that such resulted solely from a compromise of our security systems (hacking of our website) which resulted through our gross negligence. In all cases, our General Terms and Conditions shall be prevalent with regards to any claim concerning User Accounts, Passwords and/or any matter related thereto.

  1. Orders

When using the Website, You will come into contact with various products made available by third party suppliers . You will be given the facility to choose any product and make payment for such electronically via our payment gateway and through your User Account (hereinafter the ‘Order). Once you make an Order via our Website, we will process such and send you a confirmation e-mail. The order is confirmed upon receipt of such confirmation E-mail. We then send the funds processed via our payment gateway to our third-party suppliers who ship the product to the address specified by you when making the Order. It is hereby acknowledged that when orders are in stock, they will be shipped within twenty-four (24) to seventy-two (72) hours from your order unless specified otherwise by us.

Whilst we will make every effort to keep our catalogue up to date, should the product selected be unavailable, we will make you aware of such and refund the payment made by You through your User Account.

By making an order, you hereby consent for us to tender any information related to You or your order to third party shipping companies. You are hereby notified that orders under standard terms are dispatched from between twenty-four and seventy-two hours from your order.  We will notify you should this shipping term vary. Prices may differ for bulky goods and/or more swift delivery times.

  1. Product Liability

You hereby acknowledge that since any products you source from your use of the Website are sourced from third-party suppliers any product liability for any issue whatsoever arising from your use of the products sourced shall lie with such third-party suppliers.. You therefore hereby indemnify and hold the Company harmless for any product liability whatsoever. Whilst the Company shall do its utmost to facilitate your claim, you hereby confirm that any claim regarding product liability shall be brought against such third-party suppliers rather than the Company. You are notified of this at the start of our relationship and your use of the site and creation of a User Account communicate your consent to this indemnity. Under no circumstances shall this indemnity operate to limit our liability for gross negligence.

  1. Non- Delivery 

Should the Supplier fail to deliver your goods, we shall do our utmost to facilitate your claim against the Supplier. Should you fail to receive your goods within eight (8) weeks of order, we will communicate with the Supplier to refund your money to us, which in turn shall be refunded to you. You will allow up to three (3) months to receive such refund.

If we fail to receive the refund from the Supplier within three (3) months, we shall assist you to open a claim against the Supplier, directly.

  1. Defective, Faulty, Damaged and/or Missing Goods, Partial Delivery

Our suppliers have informed us generally that all goods shipped directly to You from their warehouses are shipped in mint, unopened condition. However, you are encouraged to check the contents of your delivery upon receipt from a courier. Should you notice any signs of mishandling and/or damage, or any defect whatsoever including missing parts and/or missing goods, you should indicate this on your receipt of delivery and provide the courier with documented evidence of such. This enables the supplier in question to lodge a claim with its shipping insurance. You must inform us of such immediately upon receiving the goods and in no case within more than two (2) days from receipt of such. Notification is to be made by e-mail to the following address: info@dealtoday.com.mt. Should you fail to receive a confirmation from us within twelve (12) hours of your notification, you are instructed to notify us by phone on +356 99988555

 

It is hereby acknowledged that any pictures displayed on the website are for indicative purposes only and at times, colours and other elements of the product may differ from the pictures displayed on the Website. Specifically, with regards to furniture products, you hereby confirm that furniture images may be subject to slight variations in shade. The colour and grain of natural wood furniture may vary due to the nature of the wood used in its construction. Additionally, the colour configuration on each user’s monitor may show a tone or colour which is slightly different to the original item. This fact does not constitute a reason for a claim from You

  1. Statutory Guarantee

You are entitled to a Manufacturer’s statutory guarantee of two (2) years from your receipt of any products in terms of European Union Law. We reiterate that we are not the manufacturer and/or supplier of any products, the purchase of which is facilitated by our platform/Website. We will do our best to facilitate your enforcement of your guarantee provided by the manufacturer should the need arise. We will arrange for any goods with manufacturers’ defects to be returned to the Supplier free of charge in order to enforce this guarantee and seek replacement from the manufacturer provided that such goods are worth ninety Euro (Eur90) or more. You shall bear the shipping costs for goods priced less than ninety Euro (Eur90). For all intents and purposes, it is hereby acknowledged that the following defects shall not be covered by the statutory manufacturers’ guarantee:

  • Damage caused to goods through your own fault.
  • Daily Wear and Tear;
  • Damage caused to goods by couriers and/or during transit.
  • Goods which you have attempted to repair by yourself or through third parties
  • With regards to computer goods, viruses, reformatting, reinstallation of hard-disks are totally excluded from this guarantee.

The guarantee as hereby provided is voided if:

  • You fail to provide proof of purchase of the goods/products in question
  • Your proof of purchase has been tampered with, is fraudulent and/or has been modified in any way.
  • You fail to provide the original packaging and documentation included in the packaging of the product together with the defective goods.
  • You return the packaging in a damaged and/or torn state
  • The Product ID has become illegible and/or has been modified by you in any manner whatsoever.
  • You have tampered with the product in any manner whatsoever that gives rise to a defect in its functionality.
  1. Cool-Off Period

You are entitled to a cool-off period of fourteen (14) days at law which We will honour. It is reiterated that the Website/Platform is only an order-matching system, meaning that under no circumstances will the Company be considered as the supplier of any products except when honouring the two week cool off period as stipulated herein.  

  1. Price

All prices quoted on the Website are inclusive of of VAT. These will be added to your order prior to your confirmation and will be charged to you once you process your order through the Website.

  1. Force Majeure

The Company shall not be liable in any manner whatsoever for non-performance due to events which are outside its reasonable control, including acts of God, pandemic, war, strikes or any other similar event.

  1. Entire Agreement

These Terms and Conditions, together with the General Terms and Conditions and Privacy Policy form the entire agreement between you and the Company.

  1. Independent Contractors

The Parties hereto are Independent Contractors. No relationship of agency, distributor, mandate or otherwise is hereby created.

  1. Applicable Law and Jurisdiction

This Agreement for Dropshipping, and therefore, order processing and/or product sourcing is subject to the exclusive jurisdiction of the Courts of Malta. The Governing Law of this Agreement shall be the Laws of Malta.