1. About the Application

1.1. Welcome to Deal Spillers (the ‘Application’). The Application sends reminders to the users and displays information about “some details about the app” (the ‘Services’).

1.2. The Application is operated by Deal Spillers. Access to and use of the Application, or any of its associated Products or Services, is provided by Deal Spillers. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Application, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

1.3. Deal Spillers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Deal Spillers updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Deal Spillers in the user interface.

3. Registration to use the Services

1.1. In order to access the Services, you must first register for an account through the Application (the ‘Account’).

1.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Telephone number
  • Password

1.3. You warrant that any information you give to Deal Spillers in the course of completing the registration process will always be accurate, correct, and up to date.

1.4. Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.

1.5. You may not use the Services and may not accept the Terms if:

  1. you are not 18 years old or older to form a binding contract with Deal Spillers; or
  2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

1.1. As a Member, you agree to comply with the following:

  • (a) you will use the Services only for purposes that are permitted by:
    • i. the Terms; and
    • ii. any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
  • (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Deal Spillers of any unauthorized use of your password or email address or any breach of security of which you have become aware;
  • (d) access and use of the Application is limited, non-transferable, and allows for the sole use of the Application by you for the purposes of Deal Spillers providing the Services;
  • (e) you will not use the Services or the Application in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Deal Spillers;
  • (f) you will not use the Services or Application for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;
  • (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Deal Spillers for any illegal or unauthorized use of the Application; and
  • (h) you acknowledge and agree that any automated use of the Application or its Services is prohibited.

5. Payment

1.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:

1.2. All payments made in the course of your use of the Services are made using [Payment Method]. In using the Application, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the [Payment Method] terms and conditions which are available on their Application.

1.3. You agree and acknowledge that Deal Spillers can vary the Services Fee at any time.

6. Copyright and Intellectual Property

1.1. Copyright Protection

The Application, the Services, and all related products of Deal Spillers are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements, and interactive features) are owned or controlled for these purposes, and are reserved by Deal Spillers or its contributors.

1.2. Trademarks and Licenses

All trademarks, service marks, and trade names are owned, registered, and/or licensed by their respective owners, who grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • (a) use the Application pursuant to the Terms;
  • (b) copy and store the Application and material contained in the Application in your device’s cache memory; and
  • (c) print pages from the Application for your own personal and non-commercial use.

Deal Spillers does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Deal Spillers.

1.3. Retention of Rights

Deal Spillers retains all rights, title, and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

  • (a) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or
  • (b) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
  • (c) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

1.4. Restrictions on Use

You may not, without the prior written permission of Deal Spillers and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

7. Privacy

Deal Spillers takes your privacy seriously, and any information provided through your use of the Application and/or Services is subject to Deal Spillers’ Privacy Policy, which is available on the Application.

8. General Disclaimer

1.1. Legal Guarantees

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

1.2. Exclusions and Limitations

Subject to this clause, and to the extent permitted by the law:

  • (a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
  • (b) Deal Spillers will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

1.3. Use at Your Own Risk

Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Deal Spillers make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Deal Spillers) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorized access to records;
  • (b) the accuracy, suitability, or currency of any information on the Application, the Services, or any of its Services related products (including third-party material and advertisements on the Application);
  • (c) costs incurred as a result of you using the Application, the Services, or any of the products of Deal Spillers; and
  • (d) the Services or operation in respect to links which are provided for your convenience.

9. Limitation of Liability

You expressly understand and agree that Deal Spillers, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

10. Termination of Contract

  1. 1.1. The Terms will continue to apply until terminated by either you or by Deal Spillers as set out below.
  2. 1.2. If you want to terminate the Terms, you may do so by:
  3. 1.3. Deal Spillers may at any time, terminate the Terms with you if:
    1. (a) you have breached any provision of the Terms or intend to breach any provision;
    2. (b) Deal Spillers is required to do so by law;
    3. (c) the provision of the Services to you by Deal Spillers is, in the opinion of Deal Spillers, no longer commercially viable.
  4. 1.4. Subject to local applicable laws, Deal Spillers reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Deal Spillers’ name or reputation or violates the rights of those of another party.

11. Indemnity

  1. 1.1. You agree to indemnify Deal Spillers, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    2. (b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
    3. (c) any breach of the Terms.

12. Dispute Resolution

  1. 1.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. 1.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. 1.3. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  4. 1.4. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Deal Spillers is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Mobile Devices Terms

If you're accessing Deal Spillers Services from a mobile device using a Deal Spillers Mobile Application (the "Application"), the following terms and conditions ("Mobile Devices Terms") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

a. Application Use

Deal Spillers grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g., your wireless data service agreement). The Application may not contain the same functionality available on the www.dealspillers.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

b. Intellectual Property - Applications

Deal Spillers owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Deal Spillers' copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Deal Spillers Application.

Additional Terms

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Mobile Devices Terms are an Agreement between you and Deal Spillers, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. Deal Spillers grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your position and/or use of the Application, including but not limited to:
    • Product liability claims;
    • Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
    • Claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third-party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.

Windows – Microsoft

  1. These Mobile Devices Terms are an agreement between you and Deal Spillers, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carrier over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

The list below details what can't be posted on Deal Spillers:

  • Alcoholic beverages
  • Blood, body parts and bodily fluids, or offers of humans for sale, including offers or requests for adoption or surrogacy
  • Burglary tools
  • Counterfeit products, replicas or knock-off brand name goods
  • Electronic surveillance equipment
  • Embargoed goods
  • Endangered or protected species, or any part of any endangered or protected species
  • Prostitution and escort services that offer sex, sexual favours, sexual actions or sexual services in exchange for anything
  • Fireworks, destructive devices and explosives
  • Government and transit badges, uniforms, IDs, documents and licenses
  • Hazardous materials including but not limited to radioactive, toxic and explosive materials
  • Identity documents, personal financial records and personal information
  • Illegal drugs, controlled substances, substances and items used to manufacture drugs and controlled substances, items designed only to help someone take drugs and paraphernalia
  • Nitrous oxide products, including but not limited to nitrous oxide canisters, bulbs, nangs and cream charges
  • Illegal items and services, and items which encourage or facilitate illegal activity
  • Illegal telecommunication and electronics equipment such as access codes, password sniffers, radar scanners, traffic signal control devices or cable descrambler
  • Items used to any Armed Force that have not been disposed of in accordance with that country's demilitarisation policies
  • Lottery tickets, sweepstakes entries and slot machines
  • Material, pictures and images that are obscene, pornographic, adult in nature, contain nudity or are harmful to minors
  • Material that infringes copyright, including but not limited to software or other digital goods which you are not authorised to sell
  • New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives
  • Personal information or mailing lists. We do not accept the sale of bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or "spam") are also not permitted
  • Selling or offering services for supplements/medicine general or pharmaceutical
  • Prescription or non-prescription drugs and devices, drugs that make false or misleading treatment claims, or treatment claims that require therapeutic goods administration "TGA" approval
  • Commercial tanning units or commercial tanning services wanted or offered
  • Offensive material
  • Pesticides or hazardous materials
  • Plants and insects that are restricted or regulated
  • Recalled items, banned products or products that do not meet the mandatory product safety standards
  • Stocks and other securities including Bitcoins and related mining equipment
  • Stolen property
  • Tobacco products and related items, including e-cigarettes
  • Used cosmetics
  • Under garments
  • Used or rebuilt batteries or batteries containing mercury
  • Weapons and related items (including, but not limited to firearms, firearm accessories, parts and magazines, Ammunition, paintball guns, gel blaster guns, BB and pellet guns, spearguns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow and arrow equipment)
  • Ivory, rhino horn or any animal parts or hunting trophies listed in the CITES 1 guidelines
  • Votes in elections administered by the Australian Electoral Commission or state-based Electoral Commission
  • Census or other survey papers issued by the Australian Bureau of Statistics
  • Personal ads, including ads for dating or casual encounters
  • All ads for COVID-19 associated items, including:
    • Surgical and respiratory masks
    • Hand sanitizers and gels
    • Toilet paper
    • Disinfectant wipes
    • Medical protection disposable gowns and gloves
    • All masks for children under the age of two
    • COVID-19 Rapid Antigen Tests
  • Electric dog collars (Training E-Collar, Shock Collar, Anti Bark Collar)

It is the responsibility of the advertiser before posting an ad on Deal Spillers that content advertised adheres to Deal Spillers Posting Policies as well as applicable laws. As a condition of your use of Deal Spillers specified under our Terms of Use, you agree that you will not violate any laws.

General Deal Spillers Posting Policies

As a condition of use of Deal Spillers you agree that you are at least 18 years of age.

At Deal Spillers we want to make sure that the site is friendly and usable as possible for everyone. Ads that fall outside the posting rules stated or our Terms of Use, may be removed from the site.

You are solely responsible for all information that you submit to Deal Spillers and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our Terms of Use. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.

General reasons for ads being deleted are:

  1. Ad breaches General Deal Spillers Posting Policies
  2. Breaches of Australian law. It is the responsibility of the advertiser before posting an ad on Deal Spillers to ensure that content advertised adheres to Deal Spillers posting policies as well as Australian applicable laws. As a condition of your use of Deal Spillers specified under our Terms of Use, you agree that you will not violate any laws
  3. The item being offered for sale is not allowed to be sold on Deal Spillers.
  4. Including information in your ad which Deal Spillers believes is designed to manipulate search, including keyword stuffing and adding tags to your ad.
  5. The ad is a duplicate of another ad currently posted
  6. Posted under wrong category (You must choose the single most relevant category for your ad)
  7. Ads posted in a language other than English. We only accept ads in English. It's acceptable to include a translation of your ad in another language in addition to English.
  8. Ads posted from overseas or from behind a VPN unless the ad is posted in anticipation of you being in Australia (eg. to find a place to live or a job while you are here). Deal Spillers is for Australian based individuals and businesses only.
  9. Not descriptive enough: Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience
  10. Inappropriate language
  11. Inappropriate photo/image
  12. Discriminatory on race/religion/nationality/gender/sexual orientation/etc.
  13. Ads that report other fraudulent ads. Please report potentially fraudulent ads via the Contact Us with ad details and reasons why these ads should be reviewed
  14. Ads that are intended to profit off natural disasters, health or public safety concerns, or tragic events

Deal Spillers reserves the right to remove any ad that we feel is not relevant, or of value to the community, with or without notice to the ad poster.

There are several ways that your ad may be found to be in breach of policy and removed from the site including:

  • Your ad has been reported to us.

    When this happens your ad may be temporarily suspended until we review it. We check reported ads as quickly as we can. If we conclude that the ad hasn't broken any Posting Policies or Terms of Use we will activate the ad again promptly. Check back after a few hours to see if this is the case.

  • Your ad has been removed by our moderation tools.

    Ads identified by our automated tools as inappropriate, that we then find do break our Posting Policies or Terms of Use will be removed from the site.

If you have checked out all of these possibilities and none of them apply to your ad then please let us know by clicking on "Contact us" and we'll be happy to help you out.