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MYDEAL.COM.AU - USER AGREEMENT

MyDeal.com.au and its apps and sub-domains (the “Site”) is a marketplace
platform owned and operated by E-Com (Aus) Pty Ltd ABN 60 150 104 (“MyDeal”)
where you can browse, select and purchase products sold by third party sellers
(“Sellers”), or by us through our subsidiary Duke Living Pty Ltd ABN 67 627 018
642 (also referred to as “Duke Living”, “MyDeal”, “us” or “we” where
applicable).

These terms and conditions are important and you should read them carefully as
they apply to your use of the Site, and by doing so you agree to be bound by
them. There are some specific terms we wanted to make you aware of. These are
set out below:


SITE AND SERVICES AVAILABILITY

We may change the Site, or stop making our services or the Site available
without prior notice. See clause 3.1.


CANCELLING ORDERS

MyDeal or its Sellers may reject or cancel your order after it has been placed,
and you will be notified when this occurs and receive a refund for your order.
Whether or not you can cancel an order placed with a Seller depends on the
Seller’s own policies. If you are buying the Product from us, we may only allow
you to cancel your order if it has not yet been processed with our shipping
partner. See clause 7.


LIABILITIES

Without limiting your consumer law rights, MyDeal: (i) is not liable to you for
any indirect or consequential loss other than where such loss arises as a result
of our own negligence or wilful misconduct; (ii) is not responsible for the
agreement between you and Seller, including for the acceptance of Orders and
supply and delivery of Seller products; and (iii) our liability to you under
these terms will be reduced to the extent you either caused or contributed to
that loss or damage (see clauses 4 and 14 for more details).


FEES TO SELLERS

MyDeal earns fees from Sellers on Products sold. See clause 6.4.


CHANGING THESE TERMS

We can change these terms and conditions at any time, but the terms in place at
the time you placed your order will continue to apply. See clause 21.4.

 1.  ABOUT YOU
     
     1.1. To use our Site and purchase Products on MyDeal, you must:
     
     a. be at least 18 years of age;
     b. reside in Australia;
     c. possess the legal right and ability to enter into a binding agreement
        with MyDeal and/or a Seller with respect to any Products purchased on
        the Site; and
     d. use the Site in accordance with this Agreement.

 2.  REGISTRATION & GUEST CHECKOUT
     
     2.1. You can purchase Products from our Site by either registering a User
     account (“Account”) or by using our guest checkout (“Guest Checkout”).
     
     2.2. Registering an Account with us allows you to:
     
     a. save your details for future purchases;
     b. access your past order details;
     c. manage your subscription preferences;
     d. link your Everyday Rewards card (see clause 8) and earn and spend
        Everyday Rewards points;
     
     2.3. You must keep your Account login details, particularly your account
     password, confidential and secure. You will be responsible for the use of
     your account by yourself and others. This includes unauthorised use where
     your login details have not been kept secure. If you suspect unauthorised
     use on your account, you should notify us immediately by contacting us
     through our Help Centre.
     
     2.4. Your Account is personal to you, and cannot be transferred. You must
     ensure that your registration details are up to date and accurate at all
     times. You can manage your Account information by logging in to the Site
     
     2.5. You agree that MyDeal may suspend, terminate and/or close your Account
     at any time where we believe you have breached this Agreement or applicable
     laws, or your Account is being used for fraudulent activity. We may also
     suspend or terminate any User account if we suspend or terminate providing
     the services we provide under this Agreement.

 3.  OUR SITE, LICENCE AND RESTRICTIONS ON USE
     
     3.1. We provide this Site as a Service to our Users and Sellers, and
     reserve the right to change or modify the Site at any time, cease providing
     the services on the Site in whole or part, or stop making the Site
     available to users (or Sellers), without prior notice.
     
     3.2. You may only use the Site in accordance with this Agreement and
     subject to the restrictions of this clause 3.
     
     3.3. Users agree to use the Site solely for their own personal use.
     Further, Users and visitors to the Site must not:
     
     a. interrupt or attempt to interrupt the operation of the Site in any way,
        or use the Site in a manner that adversely affects the availability of
        its resources to other Users;
     b. use any bots, scraping tools or other code or things designed to
        extract, scrape, harvest, or aggregate information from our Site;
     c. use the Site for any illegal purpose or in any manner that is
        inconsistent with this Agreement;
     d. modify, copy, distribute, transmit, display, perform, reproduce,
        publish, license, create derivative works from or offer for sale any
        information contained on, or obtained from the Site.
     
     3.4 We allow Users to upload content to the Site, including Product reviews
     and communications with Sellers and our support team. You agree that you
     must not supply content to us that: (i) would cause you or MyDeal to breach
     any law, regulation, rule, code or legal obligations, (ii) is or could
     reasonably be considered to be obscene, inappropriate, defamatory,
     disparaging, indecent, offensive, pornographic, threatening, abusive,
     racist, discriminatory, in breach of confidence or in breach of privacy, or
     (iii) that could infringe any person’s rights, including their intellectual
     property rights.

 4.  OUR ROLE IN TRANSACTIONS
     
     4.1. MyDeal’s Site is a marketplace platform where you, the User, may
     purchase Products from Sellers. You will find the Seller’s details in the
     Product details page where you can add the Product to your cart. Sellers
     supply the Products, and Users purchase Products from Sellers and not from
     MyDeal. In this transaction, MyDeal simply acts as a limited agent for the
     Seller and the User, for the following purposes only:
     
     a. facilitating the purchase of Products by a User;
     b. collecting payment from the User and then remitting the payment to the
        Seller (less any fees charged to the Seller by MyDeal); and
     c. providing the Support Services (as described below) in respect of issues
        arising between a User and a Seller, in relation to the supply of
        Products including facilitating the resolution of complaints and the
        provision of remedies to Users.
     
     4.2. When a Seller’s Product is purchased via the Site, the User and the
     Seller will at that time form a legally binding agreement between each
     other for the sale and supply of the Product. Sellers may specify terms of
     sale relevant to the transaction ( “Seller Terms”) which are accessible in
     the Product listing or Seller page. In circumstances where you purchase
     Products from more than one Seller, you will form a legally binding
     agreement with each Seller in relation to the relevant Products. Each such
     agreement is separate and exclusive to each relevant Seller. These
     agreements will be formed when you confirm your purchase of the relevant
     Products in your shopping cart.
     
     4.3. Products we sell are sold by Duke Living (details above), and when a
     User purchases a Product a from us, they enter into a legally binding
     agreement with Duke Living for the sale and supply of that Product in
     accordance with these terms and conditions.
     
     4.4. Sellers are solely responsible for their Products, including the
     price, product information on the Site, supply, delivery, quality, safety
     and compliance with any laws or standards, as well as providing you
     remedies in respect of any claims and any other issue arising out of or in
     connection with the agreement between you and the Seller.
     
     4.5. Where Sellers specify Seller Terms, these will be posted on the
     relevant listing page for each Product you purchase or on the relevant
     Seller profile page. Seller Terms cannot exclude any of your statutory
     rights that cannot be excluded (including your rights under the Australian
     Consumer Law) and incorporate any terms which are implied by law in
     relation to the supply of Products. Where implied terms can be lawfully
     excluded, these must be listed in the Seller Terms.
     
     4.6. MyDeal is not a party to the Seller Terms and does not assume any
     responsibility or liability under them or for their content, and MyDeal’s
     only obligations in relation to that agreement are as set out in this
     Agreement. MyDeal is not responsible for the User’s or Seller’s performance
     of their obligations under the Seller Terms. Sellers are responsible for
     their Products, and supply and delivery of Products to you. MyDeal may,
     however, exercise any of the Seller’s rights arising under the Seller Terms
     to facilitate transactions on the Site or at the authorisation of the
     Seller.

 5.  PRODUCTS
     
     5.1. Information about the Products on the Site is provided directly by
     Sellers, or is based on material furnished by suppliers and/or product
     manufacturers. Product images on the Site are provided for illustrative
     purposes only and the actual Products may vary to a small extent. We do
     what we can to ensure the Product listings on our site are correct, but we
     do not warrant that they will be error free.
     
     5.2. All Products offered on the Site are supplied subject to this
     Agreement and the relevant Seller Terms. To the extent there is any
     inconsistency between this Agreement and each of the Seller Terms, the
     agreements will be read in the following order of priority (i) this
     Agreement; and (ii) the Seller Terms. Where applicable, you agree that by
     purchasing a Product, that you will be bound by the Seller Terms for that
     Product, as described in this clause.
     
     5.3. MyDeal and its Sellers reserve the right to change, suspend or remove
     any Product offer or other information from the Site at any time.

 6.  ORDERING AND DELIVERY
     
     6.1. By ordering Products via the Site, you, the User, agree to purchase
     the Products you have selected:
     
     a. for the purchase price and all other applicable fees and charges as
        displayed on the Site; and
     b. in accordance with this Agreement and any applicable Seller Terms,
     c. from the relevant Seller or MyDeal (as applicable).
     
     6.2. You may place an order via the purchase functionality contained in the
     Site and may pay for your Products using the payment methods we allow on
     the Site (which may include, without limitation, credit card, debit card,
     PayPal, Apple Pay, Google Pay, Afterpay and Zip). By using third party
     payment methods, you may be bound by terms and conditions individual to
     those payment methods. We are not party to these terms and conditions, and
     are not the providers of these services and are not responsible for them.
     
     6.3. The prices of Seller’s Products and any associated shipping costs are
     as set by those individual Sellers and not MyDeal. MyDeal and Sellers’
     prices may change at any time, with or without notice. Except as provided
     in clause 11, all prices include GST but do not include delivery costs
     which, if applicable, will be additional and displayed in cart.
     
     6.4. Your order will not be processed until payment is received by MyDeal
     in full for the Products you have ordered (including the purchase price,
     delivery fees, and any other applicable fees and charges). Once received,
     you agree that the payment will then become the property of MyDeal. Where
     applicable, we will then remit an amount equal to the payment to the
     relevant Seller (or Sellers), less any applicable fees and charges of
     MyDeal, as charged to the Sellers.
     
     6.5. Orders for Products sold by a Seller are shipped and fulfilled by that
     Seller from their own distribution centres. Delivery time estimates can be
     viewed on Product listings or on the Seller’s profile page. If no delivery
     time frame is stated in the Seller Terms or Product listing, then you may
     contact the Seller to obtain an estimated delivery date. As these delivery
     time frames are estimates, actual delivery times may vary and some delays
     in delivery may be unavoidable.

 7.  CANCELING ORDERS
     
     7.1. When an order is placed for Products, we will (i) process your order
     with our delivery partner(s) if you purchase the Product from us, or (ii)
     send the order to the Seller for confirmation, at which time they may
     accept or reject your order if you purchase the Product from a Seller. In
     some cases, once an order is placed, it may need to be rejected or
     cancelled prior to dispatch by either us or the Seller. Orders may be
     cancelled or rejected where:
     
     a. Stock is missing or damaged, or the Product is out of stock;
     b. There is an error in the Product information or price of the Product on
        the Site;
     c. The Product is withdrawn for a safety or similar issue.
     
     7.2. Where your order is cancelled or rejected, you will be notified by us
     or the Seller (as applicable), and you will be refunded the purchase price
     for the order and associated delivery charges for that Product. If an order
     for a Product from a consolidated order of multiple Products is cancelled,
     you will still be charged shipping for the other remaining Products in that
     order that are sent to you.
     
     7.3. If you need to cancel an order that you have placed, you must contact
     (i) MyDeal if you purchased the Product from us, or (ii) the Seller if you
     purchased the Product from that Seller, via the Help Centre or through your
     account. Whether or not an order can be cancelled depends on the status of
     the order, and any individual Seller Terms or policies. Once an order has
     been processed, is ready for dispatch or has already been sent, it cannot
     be cancelled.
     
     7.4. Where your order is cancelled, to the maximum extent permitted by law,
     our maximum liability to you will be the amount paid for the cancelled
     Product, and any applicable shipping charges per clause 7.2.
     
     7.5. By using this site, you acknowledge that MyDeal is intended as a site
     for direct to consumer sales. We reserve the right to cancel any order
     where we reasonably believe Products are purchased for the purpose of
     resale. In the event your order is cancelled under this clause 9.12, to the
     maximum extent permitted by law, MyDeal will not be liable to you in
     contract, tort or otherwise for any claim, loss or damage, whether directly
     or indirectly, arising from the cancellation of your order and our total
     liability to you will be, in any event, limited to refund of the price paid
     for your order.

 8.  EVERYDAY REWARDS TERMS
     
     8.1 Registered Users can link their Everyday Rewards Card to their Account
     and earn and spend Everyday Rewards points on their purchases made on
     MyDeal. For more information, including terms and conditions for using
     Everyday Rewards on MyDeal, exclusions for earning Everyday Rewards points,
     and spending Everyday Rewards dollars see
     https://www.mydeal.com.au/everyday-rewards.
     
     8.2 Where a Product purchased using Everyday Rewards dollars is refunded,
     the portion paid in Everyday Rewards dollars will be refunded in the form
     of MyDeal store credit. Store credit is applied to your MyDeal account and
     can be used towards future purchases on MyDeal before the expiry date.
     Available store credit can be applied to your order during checkout. Store
     credit is valid for 1 year.

 9.  COUPONS
     
     9.1. MyDeal may issue discount coupons to Users at its sole discretion from
     time to time (Discount Coupons). The value of a Discount Coupon may be
     redeemed by you, as a User, at the time you place an order for a Products
     on the Site. You acknowledge and agree that apart from where we specify to
     the contrary: (i) Discount Coupons are valid for 1 year from the date of
     issue only; (ii) the value of a Discount Coupon may only be redeemed once;
     and (iii) Everyday Rewards points will be collected on your total purchase
     less any discount from a Discount Coupon.
     
     9.2. Apart from where required by law, in circumstances where an order for
     Products is cancelled and a Discount Coupon has been redeemed by a User in
     relation to that order, the value of the Discount Coupon will not be
     refunded as cash (but a replacement coupon will be issued).

 10. TITLE AND RISK
     
     10.1. MyDeal assumes no risk or title in any Seller’s Products.
     
     10.2. The title and risk in the Products that Users purchase, shall pass to
     Users upon delivery.

 11. INTERNATIONAL SELLERS AND DIRECT IMPORT GOODS
     
     11.1. Where you purchase Products from an overseas based Seller, and the
     value of the Products is greater than $1,000, you may be required to lodge
     a Customs Import Declaration and pay relevant taxes on entry of the Product
     into Australia.
     
     11.2. By purchasing Products from overseas based Sellers and importing them
     into Australia you acknowledge and agree that you will be recorded as the
     importer of the Products and will be the responsible for paying any taxes
     where applicable (including GST, duties and other charges) associated with
     the importation of these goods (if any).

 12. CHANGE OF MIND RETURNS
     
     12.1. Sellers have their own policies and procedures in relation to change
     of mind returns. You must review your order carefully before placing it
     because change of mind returns are given at the sole discretion of each
     Seller and a Seller may refuse to refund or exchange Products for change of
     mind or errors a User made in their order.
     
     12.2. If a Seller allows a return, then the User will need to follow the
     returns process outlined in the Seller Terms, or any other return
     procedures or processes described by the Seller from time to time.
     
     12.3. For Products sold by us:
     
     a. We may allow a change of mind return where:
        i.  the Product is unused and unopened (including seals being unbroken)
            and in its original, resaleable condition (including the Product
            packaging);
        ii. The Product is returned to us, at your cost, within 30 days of the
            Product being delivered to you.
     b. We may refuse a change of mind return on certain Products, including
        those we classify as ‘big and bulky’ and intimates, underwear,
        consumables or other similar Products for hygiene reasons.
     c. If a Product does not meet the above conditions and you return it to us
        for a change of mind return, you will be responsible for the cost of
        returning the Product to you.

 13. PROBLEMS WITH YOUR PRODUCTS OR DISPUTES WITH SELLERS
     
     13.1. All Products sold on MyDeal come with guarantees that cannot be
     excluded by law. You are entitled to a replacement or refund for a major
     failure and compensation for any other reasonably foreseeable loss or
     damage. You are also entitled to have the goods repaired or replaced if the
     goods fail to be of acceptable quality and the failure does not amount to a
     major failure. Nothing in these terms, or any Seller listed policy or
     warranty, limits these rights.
     
     13.2. If you have a problem with a Product you have purchased on MyDeal, or
     generally with the conduct of a Seller, you should first contact the
     relevant Seller at by submitting a ticket to the Seller via your Account.
     If the Seller is unable or unwilling to resolve your problem, you may
     escalate your complaint to MyDeal by following the link in the footer of
     email correspondence you receive from a Seller and submitting a ticket to
     the MyDeal support team in our Help Centre. MyDeal will seek to assist you
     in resolving your problem (including, without limitation, by liaising with
     the Seller on your behalf, investigating your issues, advising on the
     relevant Seller processes and procedures for Product returns or refunds, or
     sending the Products to third parties for assessment or repair (if
     required)). In some circumstances, where we believe it is necessary we may
     issue remedies to you consistent with your Australian Consumer Law rights,
     but without assuming responsibility under them.
     
     13.3. Products that you purchase from the Site may also contain
     manufacturer warranty documents on or inside the packaging. Any such
     warranty is provided by the Seller or manufacturer of the Product and is
     not given by MyDeal. Any warranty given by a Seller or Manufacturer in
     relation to a Product will apply in addition to other rights and remedies
     you have under the Australian Consumer Law. Some warranty documents
     provided by Sellers/manufacturers of imported goods may not apply in
     Australia. You should contact the Seller/manufacturer identified on the
     warranty document to determine whether or not the warranty applies to the
     goods in Australia and, if so, how you should go about making a claim under
     such a warranty.

 14. LIABILITY
     
     14.1. For Products purchased from a Seller, it is the Seller and not
     MyDeal, who is responsible to you as the supplier of the Product for
     providing you with remedies under the Australian Consumer Law for major and
     non-major failures in respect of those Products.
     
     14.2. Without excluding, restricting or modifying the rights and remedies
     to which you may be entitled under these consumer guarantees provisions of
     the Australian Consumer Law or Woolworth's liabilities under those
     provisions:
     
     a. you acknowledge that the Site is provided ‘as is’ and MyDeal does not
        make any representation or warranty in relation to Site that your access
        and use of the site will be (i) uninterrupted and without error; (ii)
        free from viruses or defects; or (iii) always available; or (iv)
        suitable for any purpose;
     b. we exclude all other implied terms and warranties, whether statutory or
        otherwise, relating to the Site or the subject matter of this agreement;
     c. we will not be liable for any claim or any losses that result from (i)
        things that occur which are outside our reasonable control; (ii)
        something which is not a breach by us; or (iii) the unavailability or
        accessibility of our Site;
     d. we will not be liable to you for indirect and consequential loss arising
        from or connected to this agreement in contract, tort, under any statute
        or otherwise (including, without limitation, for loss of revenue, loss
        of profits, failure to realise expected profits or savings, loss or
        corruption of data and any other commercial or economic loss of any
        kind) unless such loss arises as a result of our own negligence or
        wilful misconduct; and
     e. our liability to you for loss or damage of any kind arising out of this
        agreement or in connection with the relationship established by it is
        reduced to the extent (if any) that you cause or contribute to the loss
        or damage. This reduction applies whether our liability is in contract,
        tort (including negligence), under any statute or otherwise.

 15. EMAIL & SMS POLICY
     
     15.1. If you transact on our Site, or provide us your email address to
     receive offers from us, you agree to receive emails and/or SMS messages
     from MyDeal and the relevant Seller in relation to your purchase, return of
     or other dealings in relation to Products, and for receiving information on
     offers (including via the MyDeal newsletter). You may however opt out of
     promotional newsletters or SMS at any time via the unsubscribe
     functionality contained therein or by using our subscription preference
     centre when you log into your Account.

 16. LINKS TO THIRD PARTY WEBSITES
     
     16.1. The Site may contain links to third party websites (including,
     without limitation, websites of Sellers). MyDeal does not endorse nor
     support the contents of third party websites. MyDeal recommends Users to
     review the terms and conditions and privacy policy of the third party
     websites Users visit.

 17. USE OF THE SITE OUTSIDE AUSTRALIA
     
     17.1. MyDeal intends that the Site is only available for use in Australia
     and for Australian Users, and does not represent that the contents of the
     Site are appropriate or available for use in countries outside Australia.
     If Users choose to access the Site from outside Australia, Users are
     responsible for compliance with foreign and local laws.

 18. PRIVACY
     
     18.1. Where personal information is provided to MyDeal, the Privacy Policy
     of MyDeal will govern how MyDeal uses or discloses that information. You
     acknowledge that MyDeal may collect and use your personal information in
     accordance with its Privacy Policy.

 19. INTELLECTUAL PROPERTY
     
     19.1. Unless expressly authorised under this Agreement or otherwise in
     writing by MyDeal, Users cannot reproduce, adapt, modify, display, perform,
     distribute, decompile, disassemble or reverse engineer any material (or
     part thereof) from the Site (including logos, trademarks, brand features
     and source code) that is the intellectual property of MyDeal or
     intellectual property that MyDeal has permission to use.
     
     19.2. If you provide content to us, you grant MyDeal an irrevocable and
     royalty free global license to use, copy, display or distribute the content
     of any correspondence or communication you provide. This may include
     (without limitation) public display of testimonials on the Site, reviews of
     Products posted by Users on the Site or on third party websites, or using
     ideas or suggestions provided by Users to improve and goods, services,
     Products which MyDeal offers but any content we do display

 20. SUPPORT SERVICES
     
     20.1. Users acknowledge that MyDeal will be appointed by Sellers to assist
     them with dealing with User queries generally in relation to Products, the
     Site, or any other matter relating to this Agreement, or the Seller Terms
     (the “Support Services”).

 21. MISCELLANEOUS
     
     21.1. This Agreement constitutes the entire agreement between the parties
     with respect to the subject matter. No waiver by either party of any breach
     or default hereunder is a waiver of any preceding or subsequent breach or
     default. The section headings used herein are for convenience only and
     shall be of no legal force or effect. If any provision of this Agreement is
     held invalid by a court of competent jurisdiction, such invalidity shall
     not affect the enforceability of any other provisions contained in this
     Agreement and the remaining portions of this Agreement shall continue in
     full force and effect. The failure of either party to exercise any of its
     rights under this Agreement shall not be deemed a waiver or forfeiture of
     such rights or any other rights provided hereunder.
     
     21.2. This Agreement is governed by and in accordance with the laws of the
     State of Victoria (exclusive of its rules regarding conflicts of laws). The
     User and MyDeal irrevocably submit to the jurisdiction of the Courts of the
     State of Victoria and their Courts of Appeal in relation to this Agreement.
     
     21.3. Users agree and acknowledge that, in the event that there is a change
     in control in, merger with or sale of MyDeal or its business to a third
     party, MyDeal can disclose personal information or data collected from
     Users to the third party without giving any notice to Users. MyDeal is also
     entitled to assign and novate the benefits of any agreements it has with
     Users to the third party, without notice to the User.
     
     21.4. MyDeal reserves the right to change or modify this Agreement from
     time to time. Such modifications are effective immediately upon the earlier
     of its publication on the Site, and/or the time that it is first
     communicated to you, however the terms that applied when you placed your
     order will continue to be apply to that order. Continued use of the Site,
     or any of the materials or content contained on the Site, the effective
     date of the change will be deemed to be acceptance by you of the modified
     version of this Agreement. If you do not agree to these changes, you should
     not use our Site.


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