Merchant Terms
Contents
1Agreement and orders
1.1 "We" means Discount Offers Pty Limited; "you" means the merchant identified in the application or order. An authorised representative accepts these terms by checkbox, signature or another recorded affirmative action. We record the acceptance date and version. Account verification does not itself establish authority to bind a merchant.
1.2 For unpaid submissions, we provide access to our submission and assessment process in exchange for your permissions and obligations under these terms. Publication is not guaranteed. No charge arises unless you separately purchase a paid service. You may stop submitting or end this limited agreement by email; clause 11.3 governs existing listings.
1.3 Before purchase, we disclose the price, GST treatment, services, limits, activation date, billing and renewal arrangements, campaign dates, trial and any fixed term or minimum commitment. Our Order Confirmation records what you accepted and is provided by email or dashboard. It cannot introduce undisclosed charges or material restrictions. Keep a copy; we will also supply one on request.
1.4 The agreement comprises these terms and your Order Confirmation. The confirmation prevails for expressly agreed commercial details only. Bespoke terms signed by both parties prevail to the extent of inconsistency. These Merchant Terms prevail over general website terms on merchant submissions and services. No agreement overrides our editorial independence in clause 2. Public pricing changes do not vary an existing purchase.
2Services and editorial independence
2.1 A "Deal" is a product-specific offer published only when sufficient price evidence supports a Deal Truth Score ("DTS") and it meets our applicable listing threshold. We do not publish unscored Deals. A "Promotion" is a store or category campaign without a DTS; a "Coupon" is a redemption code or mechanism and its conditions. A "Placement" is an identified paid display position or distribution slot.
2.2 We control product matching, scoring, editorial labels and organic selection. Payment cannot change a DTS, historical observation, organic ranking or editorial badge eligibility. Paid Placements are clearly labelled sponsored or promoted, may appear ahead of organic results, and do not imply the best price or highest score. Product-specific paid offers must meet the same Deal requirements.
2.3 Scores use available Australian price evidence and our methodology; they do not establish the lowest price across every retailer, variant, location, delivery option or period. We publish a plain-language explanation of the score and material limitations. Our formula, weightings and anti-manipulation controls remain confidential. We disclose material service eligibility restrictions before purchase and explain rejection reasons without disclosing confidential technical detail.
2.4 We may update the methodology prospectively for legitimate editorial, data-quality or consumer-protection reasons, record material changes and reassess existing Deals. On request, we explain the effect on your Deal. Historical observations are not rewritten merely because the methodology changes. If a paid Placement is affected, clause 6 applies.
2.5 Promotions and Coupons are identified separately and carry no historical-verification claim or DTS. We disclose relevant affiliate and commercial relationships. Except for commitments expressly agreed in your order, we do not guarantee publication, position, uninterrupted availability, impressions, clicks or sales. Agreed positions, durations, distribution and review times remain binding service commitments.
3Merchant responsibilities
3.1 Provide accurate business details, ABN, authorised contact and destination URLs. Protect account credentials and promptly report suspected misuse. You are responsible for authorised activity and loss caused by failing to take reasonable security steps, except to the extent caused by our breach, negligence or inadequate security.
3.2 Your submitted prices, descriptions, product identifiers and variants, availability, dates, delivery and unavoidable charges, restrictions, exclusions and redemption instructions must be accurate, current and lawful. Substantiate savings, "was", RRP, lowest-price and scarcity claims. Disclose membership, cashback, bundling and mandatory charges affecting the price. Provide supporting records within a reasonably requested period.
3.3 Hold the rights needed to supply and authorise use of your content, including images and logos. Comply with applicable advertising, consumer, intellectual property and product safety laws. Promptly correct or withdraw inaccurate, expired, unavailable or changed offers. Do not manipulate reference prices, product matches, URLs, historical records or trial eligibility.
3.4 You remain responsible for your sales, fulfilment, customer service, refunds and consumer guarantees. We are not a party to shopper transactions. Our sampled, time-dependent checks do not guarantee continuing price or stock accuracy or relieve your obligations. We remain responsible for our own conduct and what we publish.
4Verification and removal
4.1 We may verify, correct, suppress, decline or remove submissions reasonably considered unsupported, expired, unlawful, unsafe, misleading or ineligible. We may act immediately for urgent legal, security or consumer risks. If paid services are materially affected, we explain the reason and corrective steps within a reasonable time, unless disclosure would prejudice legal obligations, security, an investigation or another person's rights.
4.2 Challenge factual errors or product matches by supplying evidence. We consider challenges in good faith and correct verified errors within a reasonable time; disputed claims may be suppressed meanwhile. Changing a URL or SKU does not erase valid product history. We correct mistaken matches and observations and may keep correction records.
4.3 You authorise ordinary checkout tests of Coupons to the extent you can authorise that activity. We do not complete purchases, bypass security or create false identities. A successful test date relates only to the conditions actually tested; it is not certification for every shopper or basket. We identify untested or stale tests and remove failed codes. Repeated material failures without reasonable correction after notice may constitute a material breach, taking account of disclosed conditions and causes outside your control.
4.4 A failed Coupon may be replaced in the same allowance for the remaining package period without extending it or automatically creating a refund. Our review delay extends that period; if the campaign has ended and the delay caused non-delivery, we agree a reasonable replacement or refund the attributable fee. Statutory rights and clause 7.5 remain unaffected.
5Trials and allowances
5.1 Trials apply only as recorded in the trial offer. Unless expressly agreed otherwise, no payment method is required, no charge or automatic paid conversion occurs, and unused credits expire at the end. One trial per merchant or commonly controlled group applies unless we agree an exception. A paid service requires a separate affirmative purchase. Trial Placements may end; eligible Deals may remain organically.
5.2 The order records submission limits, active listing limits and Placement credits as separate entitlements. Unless stated otherwise, active limits count all simultaneously live Deals, Promotions and Coupons; withdrawn or expired Deals release active capacity. Rejection does not consume active capacity or Placement credits. Allowances are account-specific and unused allowances expire each period, except preserved Placement balances under clause 6. A submission allowance does not guarantee publication.
5.3 "Unlimited" applies only if expressly offered, with material fair-use or technical restrictions disclosed before purchase. New material restrictions follow clause 8; they cannot be introduced as technical clarifications.
6Placement delivery and interruptions
6.1 A credit is used when a Placement first goes live or the distribution occurs. Your order specifies the inventory, schedule, duration and any rotation. Stopping it does not restore the credit; a replacement may use only the undelivered display balance, subject to review and availability. One-off purchases expire on the agreed date unless a preserved balance or extension applies below. You may request stopping through available dashboard controls or email.
6.2 Review of changes to a live Placement, our errors and Platform failures pause its display period. Our review time is added back. Preserved time survives the original expiry and billing period. If we cannot deliver for a reason within our control, we reschedule, agree an equivalent substitute or refund the undelivered portion where those options are not reasonably acceptable, including where the campaign has ended. Substitutes require your agreement, not unreasonably withheld; materially different inventory requires approval.
6.3 For interruptions attributable to you, we explain the remedy and allow at least 14 days to fix it, preserving the balance if remedied. We need not display inaccurate, expired or unlawful material meanwhile. If unresolved, we discuss alternatives. For an unresolved material breach preventing delivery, we may retain the delivered fee and reasonable unrecoverable costs, explaining deductions on request, and credit or refund the balance. Deductions cannot exceed the affected Placement fee or duplicate recovery; further claims fall under clause 10.
6.4 Extensions do not require publication of expired or unlawful offers or commercially useless replacements. Where our non-delivery makes an extension or substitute ineffective, we refund the undelivered portion. For bundles, use the agreed fee allocation or a reasonable allocation reflecting standalone values and non-delivery. These remedies do not limit statutory rights.
7Fees and cancellation
7.1 Fees are in AUD with GST treatment disclosed before purchase. One agreed activation date starts the subscription and recurring cycle; individual benefits have no separate billing dates. Delays attributable to us that materially reduce a paid benefit receive an appropriate extension, credit or refund. We charge only agreed fees and issue compliant tax invoices where registered for GST.
7.2 Monthly plans renew month to month without lock-in or cancellation fees. Cancel through available dashboard controls or merchants@discountoffers.com.au before the disclosed renewal time to prevent renewal; services continue until the paid period ends. The order states the first renewal date, time and timezone. We do not charge earlier. Email cancellation is effective on actual receipt, regardless of acknowledgement; we confirm it and promptly reverse any renewal charged despite timely cancellation.
7.3 Fixed terms apply only if clearly agreed before purchase, end without automatic renewal unless separately agreed, and do not remove breach‑termination rights or statutory remedies. We give at least 10 business days' written notice to pay or dispute overdue invoices before suspension, except for fraud or security risk. You must pay undisputed amounts when due. We do not suspend solely over genuinely disputed amounts while both parties promptly pursue clause 12.2, unless continued supply creates a material legal or security risk.
7.4 Convenience cancellation leaves the current paid-period fee and accrued fees payable, subject to law and agreed exceptions. One-off services do not renew automatically.
7.5 We refund prepaid undelivered services if we cannot supply them or end the service other than for your breach; clause 6.3 addresses merchant breach. Refunds for our breach follow your legal rights and any agreed remedy. We process agreed or legally required refunds within 10 business days after entitlement and amount are determined, or sooner if required by law. A statutory refund does not depend on our approval.
8Changes
8.1 Changes to fees, material allowances or existing terms require at least 30 days' email notice and apply only from the next renewal after that period. You may cancel before the change without an additional termination charge. A delivery failure requires another available contact method before implementation. Materially adverse changes do not apply during an agreed fixed term without express agreement, except as reasonably necessary for law or genuine security risk.
8.2 Urgent legal or security changes may apply sooner, with notice and a reasonable termination or refund option where services materially reduce. Material reductions in already-paid services receive an equivalent substitute, proportionate credit or refund. Updated terms may apply to future purchases; they do not retrospectively rewrite accepted orders.
9Content and data
9.1 "Merchant Content" means materials you submit. You grant a non-exclusive, worldwide, royalty-free licence to reproduce, resize, crop, re-encode, display and promote them solely for your listings and agreed Placements on our Platform, email and social channels. Necessary service providers may exercise those rights under appropriate restrictions. Unrelated advertising requires your written approval. We do not attribute new promotional claims or materially alter your claims without approval, except formatting corrections or removal of misleading content. Evidence-supported factual updates remain permitted.
9.2 "Platform Data" is independently sourced, created or licensed material, including our price observations and assessments. We are responsible for its lawful use and source terms; it is outside your content indemnity. We may correct or remove it for legal, rights, provider or editorial reasons. These terms do not grant rights over third-party material. We retain our rights in our branding and proprietary scoring methods; no licence is granted except clause 9.3.
9.3 Partner description only. While a qualifying plan is current, you may describe yourself as a "Discount Offers partner" in your own marketing, accurately identifying a commercial relationship between your business and Discount Offers. This description does not mean we endorse or approve your business generally, your prices, your products or your wider advertising. You must not describe yourself as a "verified retailer", "verified merchant" or use any wording that suggests we have vetted or approved your business as a whole.
You may not reproduce any Deal Truth Score or other Discount Offers score, badge or rating in your own website, app, emails, social media or other marketing materials under these terms. Any permission to use a score or badge off the Platform must be separately agreed in writing.
9.4 Each party complies with applicable privacy law. Our Privacy Policy explains personal-information handling; it does not add payment or liability terms. We use merchant information for services, verification, security, fraud prevention, disputes and legal compliance, and may use de-identified aggregated information for improvement and reporting. We do not sell non-public merchant information. Do not upload customers' personal information, malicious code, access unauthorised systems or misuse another merchant's information. We take reasonable security steps and notify you without undue delay after confirming an incident materially affecting your account or data, subject to lawful restrictions and containment needs.
9.5 Our processor handles full card numbers and security codes; we retain only necessary tokens, masked details and transaction records. You may request an export of your supplied information while your account is open or within 30 days after closure, in a common format, excluding others' information, security records and proprietary scoring workings. This does not require retention of lawfully deleted information. We retain records as needed for services, law and disputes, then delete or de-identify them.
10Indemnity and liability
10.1 You indemnify us against third-party claims to the extent arising from Merchant Content being inaccurate, unlawful, misleading or infringing third-party rights, including reasonably incurred losses, damages and legal costs. This excludes loss to the extent caused by our alteration, negligence, breach or unlawful conduct. Both parties promptly notify credible claims, cooperate and minimise loss. We give you reasonable control of the defence, retaining participation rights. Delayed notice reduces recovery only to the extent of material prejudice. Neither party may settle by admitting liability for, or imposing non-monetary obligations on, the other without consent, not unreasonably withheld. There is no double recovery.
10.2 Nothing excludes or limits liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law, or liability for fraud or wilful misconduct. Subject to this, neither party is liable to the other for indirect or consequential loss, lost profit or lost opportunity, except amounts under clause 10.1. Refund and credit entitlements remain unaffected.
10.3 General liability cap. To the maximum extent permitted by law, and subject to clause 10.2, each party's aggregate liability to the other arising out of or in connection with this agreement, including under the indemnity in clause 10.1 and any unpaid merchant submissions, is capped at the greater of AUD 500 and twice the fees paid or payable by you under this agreement in the 12 months immediately preceding the event giving rise to the claim. This cap does not apply to your obligation to pay fees when they fall due, refunds of undelivered prepaid services, or any liability that cannot lawfully be limited.
10.4 Indemnity cap for third‑party claims. In addition to the cap in clause 10.3, your aggregate liability under the indemnity in clause 10.1 in respect of third‑party claims arising in any 12‑month period is further capped at five times the total fees paid or payable by you under this agreement in the 12 months immediately preceding the first such claim in that period. This indemnity cap does not apply to your obligation to pay fees when they fall due, refunds of undelivered prepaid services, or any liability that cannot lawfully be limited.
11Ending services
11.1 Either party may terminate for material breach remaining unremedied 14 days after written notice, if remediable; immediately for fraud, serious security misuse or incurable unlawful activity; or for insolvency to the extent lawful. Where practicable, suspension affects only the relevant service or content, with reasons and restoration once resolved. Trial termination follows the same approach, with immediate action for urgent consumer risk.
11.2 Events beyond reasonable control excuse delay if promptly notified and mitigated, but not retention of payment for permanently undelivered services. Either party may end an affected service after 30 consecutive days of substantial non-delivery, with refund of prepaid undelivered fees. Time-sensitive campaigns receive applicable clause 4.4 or 6 remedies without that wait.
11.3 On expiry or termination, paid benefits and partner status end; accrued obligations remain. Eligible Deals and editorial retailer profiles may remain without paid prominence or partner badges. The licence continues only as needed for retained listings. On takedown or credible rights requests, we remove affected Merchant Content from controlled channels as soon as reasonably practicable. Paid-only content is removed within a reasonable period; previously distributed messages, backups and lawful legal, historical and dispute records may remain. Lawfully recorded price observations do not become merchant property. Payment, permitted retention, indemnity, liability and dispute provisions survive as needed.
12Notices and disputes
12.1 Email us at merchants@discountoffers.com.au; we use your nominated contact email. Keep addresses current. Routine notices are received when sent unless delivery fails, or the next Sydney business day if outside business hours. Breach, termination and material-change notices are received the next business day unless delivery fails or the sender knows they did not arrive. Clause 7.2 controls cancellations. A business day excludes weekends and Sydney public holidays.
12.2 Representatives first seek resolution within 20 business days of written dispute notice. Urgent court relief and mandatory statutory rights remain available. NSW law governs and the parties submit to the non-exclusive jurisdiction of NSW courts.
12.3 Invalid provisions are severed where possible; waivers must be written. Assignment requires consent, not unreasonably withheld, except a business successor with notice and written assumption of obligations. If that transfer materially prejudices your legitimate interests, you may terminate within 30 days of notice and receive prepaid undelivered fees back. Neither party may bind the other as agent or partner merely because it uses the commercial "partner" description.
Questions about these terms: merchants@discountoffers.com.au
Discount Offers Pty Limited · ABN 17 701 725 911