Following email was sent to Ziinga, explaining the whole situation, to which they have disagreed to providing any refund on subscription fees or payment made for a gift card that I have not received since Jan 6th. They have also not agreed to stop charging me further.
Here are a few things I would like to dispute against Ziinga and would like Ziinga to provide me the contact details of the dispute resolution body that I can go to, in case Ziinga is not able to resolve my complaint. As a customer, I should be made available such information. I have gone through your website and I cant find this information.
1) As per the terms and conditions below I should be allowed to cancel my subscription within binding period -
"You can always cancel your membership by emailing into email@example.com. Remember to include your username. All memberships come with a 3-month binding contract. If a customer chooses to cancel the 3-month binding contract within the binding period a cancellation fee of $ 49.00 will be charged. Note that cancellation of the contract will void any free promotional gift offer."
2) As per the terms and conditions below, I should get a refund of any purchase made by me after signing up (within 30 days) and also refund of the subscription fees -
"As part of our 30-day return policy, refunds must be claimed within 30 days after the date of sign up. However, users may only be entitled to a subscription fee refund if they have not used any of their membership benefits (cancellation fee applies). If the member has already received a free promotional gift from Ziinga, that item must be returned to Ziinga's return address in an unopened condition."
Please note the following highlighted below:
1) At the time of purchase (the westfield gift card, that I haven't received till date), I wasn't given an option to read your full terms and conditions. As a matter of fact, the purchase button was clicked by mistake and I expected to be presented with the warning that I need to first read your terms and conditions before proceeding. To my surprise, the transaction went through without any warnings or message that I need to "tick" the unticked terms and conditions check box. Any online shopping/auction website(example ebay, amzon,etc) gives an exclusive opportunity to the buyer to check the "unchecked" terms and conditions box before proceeding to buy. Ziinga never provided this opportunity. Had I known that there is a binding agreement of 90 days/3 months, I wouldn't have subscribed to it.
2) As soon as the bid transaction happened, I was presented with the message that it is a 90 day binding agreement. This all looks cheating, deceiving and hiding the facts to get the buyer to first enter the agreement without providing details of the agreement.
3) As soon as I got to know that I have been cheated into a binding contract, I immediately tried to contact you by email on 6th Jan, but did not get any reply (manual or automated). Then, on the same day, I sent another email, to which I did not get reply either. I followed up with Ziinga on Jan 29th by email, to which I again did not get any reply. This all looks malafide and bogus to me.
I would like to get a reply from you on this and a quick resolution. I would like you to respond to each of the above highlighted points and progress on refunding the purchase amount of AUD 8.54 and first subscription fees AUD 91.88 immediately.