Terms of Service

The website www.groupy.co.nz ("Site") is owned by Dailydo Limited (“Groupy”, “we” or “us”).

Groupy promotes group buying deals through the Site by acting as a medium for third party businesses, agencies and brands (“Merchants”) to offer goods and/or services at below their face value to end-users (each, a “Deal”), whether directly or through a promotional voucher (“Voucher”). By using the Site, you agree to use the Site in accordance with the terms and conditions below (“Terms of Service”). If you do not agree to the Terms of Service, please refrain from using the Site. Call us on 0800 GROUPY or support@groupy.co.nz if you have any questions about the Terms of Service.

Summary of Terms of Service

This is a summary of the Terms of Service and Groupy’s privacy policies. The complete Terms of Service are set out below this summary.

  • Your privacy is important to us. We will not share your personal information with anyone other than as set out in our Privacy Policy.
  • You are required to create an account in order to purchase any Deal. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
  • As a condition of creating an account, you give Groupy permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails at any time by clicking the unsubscribe link at the bottom of any such email.
  • By purchasing a Deal, you make a binding offer to us to purchase the relevant goods and/or services on the terms and conditions set out in relation to that Deal (if any), and you accept these Terms of Service, our Privacy Policy and our Refunds Policy.
  • Groupy does not take responsibility for any goods and/or services to which any Deal relates. Groupy makes no warranty to you, or to any other Groupy end-user, in respect of the quality, safety, usability, fitness for any particular purpose or other aspect of any goods and/or services to which any Deal relates.

Legitimate Use

You agree to use the Site only for legitimate purposes. You agree not to interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any code, data or software on or associated with the Site.

Intellectual Property

You acknowledge and accept that Groupy owns all intellectual property rights in the Site, including the data, text, messages, links, music, sound, photographs, graphics, video, messages or other materials or media, or that the same is otherwise used with the express permission of the relevant owner. No material from this Site may be republished or distributed in any way without the prior written permission of Groupy.

“Groupy” is a trademark of Dailydo Limited. All rights in respect of this trademark are hereby expressly reserved.

Third Party Promotions

Groupy runs promotions and marketing activities on behalf of, and/or in conjunction with, Merchants. The terms of any Deal are subject to change, at the discretion of the Merchant, at any time without notice.

Third Party Content

Groupy is a distributor (and not a publisher) of content supplied by third parties (including, but not limited to, Merchants). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Site are those of the respective author(s) or distributors and not of Groupy. Groupy does not guarantee the accuracy, completeness, or usefulness of any content on the Site, nor its merchantability or fitness for any particular purpose.

The Site contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Groupy of the contents on such third party websites and Groupy hereby disclaims any representations regarding the content or accuracy of materials on such third party websites.

Information about the use of the Site

Information about the use of the Site is of commercial value to us. To help us provide a high quality Site to both end-users and Merchants, we may collect and store information about the way the Site, and the goods and/or services advertised on the Site, are used or accessed. This may include sending a "cookie" to your computer. This identifies your computer and provides certain information (such as your domain/IP address, operating system and internet browser), but does not harm your computer and does not identify you personally. (Please note: Most internet browsers enable users to disable cookies. If you want to do this, look under "Options" or "Preferences" in your browser menu. Alternatively, you can delete cookies from your computer.). We may share the information we collect with Groupy’s affiliate companies and with Groupy’s and its affiliate companies’ officers, employees, contractors and agents. For more information, please refer to our Privacy Policy.

Availability of the Site

We do not guarantee that access to the Site or any other service we provide via the Site will be continuous or fault-free. We may modify the Site, or withhold, suspend or restrict any service provided via the Site, at any time without notice. The Site is provided on an “as is” basis and Groupy makes no warranty that it will be free from viruses or any kind of malicious code whatsoever.

Terms of sale

  • You are required to create a Groupy account in order to purchase any Deal on our Site. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences. By creating a Groupy account, you agree to the following terms:
    - We, or our third party provider responsible for processing payments, may store the payment information provided by you on registration, including credit card information.
    - You permit us to send you administrative and promotional emails. We will send you information regarding your Groupy account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails at any time by clicking the unsubscribe link at the bottom of any such email. This will remove you from our mailing list.
  • When you purchase a Deal (for example, by clicking “Complete My Order”), you:
    - make an irrevocable offer to purchase the relevant goods and/or services for the Deal. Your offer will remain open for acceptance (and you cannot withdraw it) until either the minimum number of purchases for the Deal is met or until the Deal does not meet the required minimum number of purchases and expires;
    - agree to your credit or debit card being charged if the minimum number of purchases for the Deal is met; and
    - agree to and accept these Terms of Service, the Privacy Policy, the Refunds Policy and any additional terms and conditions set out in relation to that Deal.
  • Except as required by law, once purchased, Vouchers and/or the goods and/or services to which a Deal relates cannot be cancelled, redeemed for cash, exchanged or refunded.
  • Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
  • By purchasing a Deal, you enter into a contract with the relevant Merchant. The Merchant is solely and fully responsible for:
    - in relation to any Voucher, honouring that Voucher and providing any goods and/or services for which that Voucher may be redeemed;
    - in relation to any goods and/or services to which a Deal relates (where that Deal does not involve any Voucher), delivering such goods and/or services to you and meeting its obligations to you under the Consumer Guarantees Act 1993 (if any); and
    - any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of an end-user in connection with the provision by the Merchant of any goods and/or services purchased under a Deal.
  • Nothing in these Terms of Service is intended to exclude Groupy’s obligations to any end-user under the Consumer Guarantees Act 1993 (if any).

Terms and conditions for Restaurant-specific Deals

For the purposes of this section, “Restaurant” shall mean a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of a Voucher.

  • Redemption dates and times for Vouchers are determined by Restaurants, and shall be set out on the Voucher and/or on the Site in relation to that Deal.
  • It is at the discretion of the Restaurant to determine whether Vouchers can be combined with any other Restaurant offers, third party offers, or other promotions.
  • Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Vouchers are valid for dine-in only, unless otherwise set out on the Voucher and/or on the Site in relation to that Deal.
  • The issuing of Restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.
  • Neither Groupy nor the Restaurant is responsible for lost or stolen Vouchers.
  • Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with the law.
  • Any attempted redemption of a Voucher not consistent with these Terms of Service will render the Voucher null and void.
  • All Vouchers expire on the date set out on the Voucher and/or on the Site in relation to that Deal.

Terms and Conditions for non Restaurant-specific Deals

For the purposes of this section, “Merchant” shall exclude any Restaurant.

  • Vouchers may be applied only to goods sold by the Merchant, and may not be applied to shipping or handling charges.
  • Limit one (1) Voucher per redemption. Only one (1) Voucher can be used per order unless otherwise specified by the Merchant.
  • The issuing of credit is at the sole discretion of the Merchant.
  • Neither Groupy nor the Merchant is responsible for lost or stolen Vouchers.
  • Vouchers cannot be combined with any other gift certificates, third party vouchers, coupons, or promotions, unless otherwise specified by the Merchant.
  • Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with the law.
  • Any attempted redemption of a Voucher not consistent with these Terms of Service will render the Voucher null and void.
  • All Vouchers expire on the date set out on the Voucher and/or on the Site in relation to that Deal.

Termination

Groupy may terminate this Agreement at any time for any reason. Without limiting the foregoing, Groupy shall have the right to immediately terminate any passwords or accounts of an end-user in the event of any conduct by that end-user which Groupy, in its sole discretion, considers to be unacceptable, or in the event of any breach by that end-user of this Agreement.

Exclusion of liability

Groupy gives no warranty to end-users for the quality, safety, usability, or other aspect of the goods and/or services to which any Deal relates.

We exclude any liability we may have to you relating to the provision by a Merchant of goods and/or services purchased under a Deal, your use of the Site, and the availability of the Site. This exclusion also applies for the benefit of every affiliate company of Dailydo Limited and all officers, employees, contractors and agents of Dailydo Limited and its affiliate companies. None of these people are liable to you or have to pay you for anything caused by or resulting from the provision of goods and/or services purchased under a Deal or your use of the Site. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause.

This exclusion does not limit any rights you may have under the Consumer Guarantees Act 1993.

Where liability cannot be excluded, Groupy’s total liability to you (whether in contract, tort (including for negligence), breach of statutory duty or otherwise) and those claiming through you shall not exceed the amount of the purchase price that you paid under the relevant Deal.

Indemnity

You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Service, your failure to complete a Deal, your purchase and/or use of any goods or services provided by any Merchant under a Deal advertised on the Site.

New Zealand law applies

These Terms of Service are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Privacy Policy

You acknowledge that you have read, understood and agree to Groupy’s Privacy Policy. In the event of any conflict between these terms and the Privacy Policy, these terms prevail to the extent permitted at law.

Changing these Terms of Service

We may change these Terms of Service, by changing or removing existing terms or adding new ones, at any time. Any change applies from the time it is published on the Site.