The definitions to be read with these Terms are set out in full at Clause 18.
1. By using any of Our Services via the Site , You expressly agree to be bound by these Terms and all applicable Legislation and Codes governing the use of the Services via the Site . These Terms form a legally binding agreement between You and Us in relation to Your use of Our Services and applies to all Our Users.
2. You should read these Terms carefully and ensure that You understand their effect before proceeding to use Our Services. If You disagree with any part of these Terms, do not use the Site for the purpose of accessing Our Services. If You violate these Terms, We may terminate Your use of the Site , bar You from future use of the Site and/or take appropriate legal action against You.
3. We reserve the right to modify these Terms at any time without notice. Any changes We may make to these Terms in the future will be posted on this page and, where appropriate, notified to You by e-mail or when You next start the App or use the Site to access Our Services, the new terms may be displayed on-screen and You may be required to read and accept them to continue. You agree that We will treat Your use of the Site to access Our Services as acceptance of the Terms herein including Your continued use subsequent to any changes.
3. Our SERVICES
1. We act as an intermediary host advertiser of a search, save and share platform (Our Platform’). We are dedicated to facilitating an exclusive online venue whereupon Our Users can browse categories of products and make use of a location filter or input other search terms on the Site to discover the best Deals available from some of the UK’s top Deal Websites (‘Third Party Retailer Site’). We are not a retailer, a distributor or an agent. We are an impartial intermediary sourcing service and We have no interest in getting You to pay more than You should.
2. All Deals for products advertised on the Site are owned by, or licensed to, Third Party Retailers who may further permit Third Party Promoters to advertise and promote their Deals on the Third Party Promoter Site. If You see the Deal You want on our Site, You can click on it and be transported to the relevant Third Party (‘Third Party Retailer Site where You shall be able to purchase the Deal or alternatively, You may be transported direct to the Third Party Retailer Site where You can purchase the Deal (‘Purchasing Site’).
3. All purchases of advertised Deals take place off the Site on the Purchasing Site and are subject to the Third Party Retailer Terms and/ or the Third Party Retailer Terms which will detail the respective obligations of You as the buyer and the Third Party Promoter or Third Party Retailer as the seller including information in respect of refunds, cancellations, returns and exchanges as applicable (‘Purchasing Terms’).
4. We cannot make any guarantees to You as to the quality, safety or merchantability of a Deal which is the sole responsibility of the Seller Parties, or that the Deal Details are accurate in all respects and are not false nor misleading as it is Your responsibility to check the Deals independently. Before purchasing a Deal, You must satisfy Yourself as to the authenticity of the Purchasing Site and the acceptability of such Purchasing Terms prior to making a purchase. Consequently, You release Us (and our agents and employees) from all Claims and Losses (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Deal promoted on Our Platform and purchased by You notwithstanding the fact that You viewed the Deal and the Deal Details on the Site before being transferred to the Purchasing Site to complete Your purchase.
5. IMPORTANT: Our Users acknowledge that:
1. We are likely to have many Deals advertised on the Site concurrently and any number of Our Users may choose to ‘see the Deal’;
2. We do not check, audit, vet, monitor or control: the identity, credit worthiness or bona fides of Third Party Retailers, the security of Purchasing Sites or the accuracy of the Deal Details published on the Site or the Purchasing Sites in respect of the Deal; and,
3. We are not party to any contract that may ensue as between You as a buyer and the Seller Party.
Accordingly, We will not be liable to You in relation to any Claims or Losses arising out of any:
5. the non-availability of a Deal;
6. Deal Details;
7. acts or omissions of the Seller Parties; or,
8. Purchasing Site and Purchasing Terms,
all of which are at Your own sole risk.
6. Our Services offer no advice, recommendations and endorsements in respect of hyperlinks to Third Party Retailer Sites or Third Party Promoter Sites or other third party websites or legal representation under any circumstances. Such hyperlinks are provided for Your ease of reference only and We do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using these hyperlinks to other websites, You agree and understand that We shall not be liable for any loss or damage that may arise from Your use of such hyperlinks.
7. For each Deal advertised on the Site, We shall not be liable to You where such Deal is no longer available. Market prices for products can be volatile and can change on a regular basis and so too can the prices set for the Deals advertised on the Site. When Deals expire they will no longer be displayed on the Site but We cannot guarantee that our Site will always be in sync with the activities of the Third Party Retailers so a delay may be inevitable. Under no circumstances will We be responsible or liable for any pricing errors or for the unavailability of Deals for any reason whatsoever.
1. To make optimum use of the Our Services to ensure that You can be kept informed about the may great Deals, You can sign up on the Site by inserting Your email to subscribe to receiving our Newsletters (‘Sign-Up’) whereupon You will become a Member.
2. To make optimum use of Our Services to ensure that You can be kept informed about the may great Deals, You can sign up on the Site by inserting Your email to subscribe to receiving our Newsletters (‘Sign-Up’) whereupon You will become a Member.
5. DATA PROTECTION & CONFIDENTIALITY
We try to meet the highest standards when providing Our Services via the Site . We take any Complaints We receive about this very seriously. We encourage Our Users to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these Terms in accordance with Clause 17.
7. Our USER OBLIGATIONS
1. You must use Your best endeavours to:
1. comply with all the Terms of the Licence; and,
2. conduct all use of Our Services in compliance with the applicable Legislation and Codes;
2. Our User shall not:
1. purchase or register any trade marks, search engine keywords, AdWords, search terms or other identifying terms that include the names of Us or any similar or confusingly similar names or words or any derivative thereof; or,
8. Our OBLIGATIONS
1. We agree to:
1. provide Our Services with all due care, skill and ability;
2. devote as much time to the provision of Our Services as may be necessary for their proper performance;
3. conduct all Our Services in accordance with the applicable Legislation and Codes;
4. provide promptly and give to a User all such information as they may reasonably require in connection with the provision of Our Services; and,
5. provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only).
9. AVAILABILITY AND SECURITY OF THE SITE
1. You acknowledge and agree that to improve Our Services made available to You via the Site , We may stop (permanently or temporarily) providing Our Services (or any features within Our Services) to You generally at Our sole discretion, without prior notice to You.
2. We shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
3. Unscheduled emergency maintenance may be required at any time. We agree however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
4. We do not warrant the validity and accuracy of information on the Site or Our Services or that the Site is kept up-to-date. The Site and its content and Our Services are delivered on an “as-is” and “as-available” basis. We shall use reasonable endeavours to ensure that the Site , Our Services and any information it holds on You are kept secure. However, due to the nature of the internet, We do not represent or warrant to You that:
5. We do not warrant the validity and accuracy of information on the Site or Our Services or that the Site is kept up-to-date. The Site and its content and Our Services are delivered on an “as-is” and “as-available” basis. We shall use reasonable endeavours to ensure that the Site , Our Services and any information it holds on You are kept secure. However, due to the nature of the internet, We do not represent or warrant to You that:
1. Your use of the Site and/ or Our Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
2. Your use of Our Services will meet Your requirements;
3. any information obtained or downloaded by You as a result of Your use of Our Services will be accurate, reliable or free of viruses or contamination or destructive features;
4. there will not be any defects in the operation or functionality of any software provided to You as part of Our Services; and,
5. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
10. GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, We grant You permission to access and use the Site and Our Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
1. not to copy the App or the Site except where such copying is incidental to normal use of the App or the Site, or where it is necessary for the purpose of back-up or operational security;
2. not to sell, lease, sub-license, rent, loan, translate, merge, adapt, vary, modify, distribute or otherwise exploit the App or the Site or any of Our Content for any other purposes without the prior written consent of Us or the respective licensors of the Our Content
3. not to, reverse-engineer or create derivative works based on the whole or any part of the App, the Site or Our Services including but not limited to any Our Content, in any medium without Our prior written authorisation or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by You during such activities:
1. is used only for the purpose of achieving inter-operability of the App or the Site with another software program;
2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3. is not used to create any software that is substantially similar to the App or the Site.
4. to include our copyright notice on all entire and partial copies You make on any medium;
5. not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
6. not to alter or modify any part of the Site, the App or any of Our Services or permit the Site, the App or any of the Our Services or any part of the same to be combined with, or become incorporated in, any other programs or to be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
7. not to access Our Content through any technology or means other than the Site itself or such other means as Our explicitly designate for this purpose;
8. not to access or attempt to use the Our Login of other Our Members or penetrate or attempt to penetrate Our security measures;
9. not use the Site or Our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms herein, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Site or Our Services or any operating system;
10. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or Our Services or features that (i) prevent or restrict use or copying of Our Content; or, (ii) enforce limitations on the use of Our Services or the accessible Our Content;
11. not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
12. not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App, the Site or Our Services including the submission of any material (to the extent that such use is not licensed herein);
13. not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
14. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Member of the Site, the App or Our Services, or attempt to decipher any transmissions to or from the servers running any Our Service; and,
15. not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
11. WARRANTIES AND INDEMNITIES
1. In accordance with Clause 3, We cannot transfer legal ownership to You of a product or service constituting a Deal and cannot make any guarantees to a User who purchases a Deal at their own risk. For the avoidance of doubt,
1. have no control over the quality, morality, safety or legality of a product or service constituting a Deal;
2. do not take ownership of any products promoted on the Site as Deals;
3. do not guarantee that any minimum or fixed number of Deals will be advertised via Our Platform;
4. do not guarantee on behalf of the Third Party Retailer that the Deal Details published in respect of the products are valid and accurate and will not be responsible for any misrepresentation or inaccuracy therein;
5. do not guarantee that the Third Party Retailer will honour the Deal; and,
6. do not guarantee that interruptions of service on the Site or throughout the worldwide web will not occur during the User’s use of the Site at any time.
3. As a User, You warrant, represent and undertake to Us that:
1. You will comply at all times with Your obligations set out at Clause 7;
2. all information submitted to the Site in respect of Your identity for Your Membership is true, accurate and complete in all respects; and,
3. You are solely responsible for any breach of Your obligations under these Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these Terms and for the consequences of any such breach or failure.
4. We make no warranty, and hereby further expressly disclaim any liability to You and You agree that You have no claim against Us in connection with any Claims asserted against, or Losses suffered by You:
1. due to any breach by You of these Terms or breach of warranty by You;
2. in respect of the matters listed at Clause 11.1;
3. due to the acts, omissions and conduct of any Third Party Retailer in connection with or otherwise related to Your use of the Site and Our Services;
4. due to any errors or omissions on our Site in relation to any reliance placed by You on any mis-descriptions, misrepresentations, inaccuracy or incompleteness in respect of the Deal Details or other Content (whether innocent, negligent or fraudulent);
5. due to the Third Party Retailer’s failure to perform, or delay in performance of, any of its obligations to You under the relevant Purchasing Terms;
6. due to Your failure or inability to use Our Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period. The same shall apply to any Site;
7. connected to any linked third party website or any statements, information, content, products that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;
8. due to any changes which We may make to Our Services, or for any permanent or temporary cessation in the provision of Our Services (or any features within Our Services);
9. the deletion of, corruption of, or failure to store, any communications data maintained or transmitted by or through Your use of Our Services;
10. due to any unauthorised access or loss of Personal Data that is beyond our control.
5. Subject to Clause 11.5, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or Our Services.
6. Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:
1. fraudulent misrepresentations;
2. any liability where the law does not permit such exclusion of liability; and,
3. death or personal injury arising from negligence.
7. Subject to Clause 11.5 and except as expressly set out in these Terms, We give no warranties and excludes all other express or implied terms, conditions and warranties.
12. Our CONTENT
With the exception of content submitted to the Site by You, all other content and the selection and arrangement of such content on the Site constitutes ‘Our Content’ and is either owned by, or licensed to, We and is subject to copyright, trade mark rights, and other intellectual property rights of Us and licensors of Us. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Our Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Us or, where applicable, the licensors of Us. We and/ or its licensors reserve all rights not expressly granted in and to their Content.
13. ENTIRE TERMS/ SEVERABILITY
These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without Our prior written consent. We reserve the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Us or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site .
15. NO WAIVER
Failure by either Us or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
16. THIRD PARTY RIGHTS
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but do not affect any right or remedy that a third party has which exists or is available apart from that Act.
17. LAW AND JURISDICTION
All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.
Codes: refers to all codes governing standards (including for these purposes ancillary guidance notes and advice) published by regulatory authorities or other industry professional bodies including but not limited to the Advertising Standards Authority, Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, the Department for Business Innovation & Skills and to be construed so as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof but specifically including the CAP Code.
Complaint: means any dissatisfaction expressed by, or any complaint made by, a User as against Us in connection with the provision of Our Services.
Deal Websites: refers to the relevant Third Party Promoter Site or the Third Party Retailer Site.
Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Deal(s): refers to one of the daily deals promoted on and accessible on Our Platform.
Deal Details: refers to the details pertaining to a Deal as published on Our Platform.
Deal Window: refers to the timer countdown relating to how long the Deal is open for until it expires.
Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
Legislation: includes all applicable laws, Acts of Parliament (including the Acts) and Treaties as well as Data Protection Legislation and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law in relation to the content and broadcast of Campaigns including references to any amendment, modification, consolidation or re-enactment for the time being in force.
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Personal Data: as defined in the Data Protection Legislation.
Purchasing Site: refers to the website or app site upon which a purchase of a Deal can be completed.
Purchasing Terms: refers to the legal purchase terms and conditions applicable to, and governing, the purchase of a Deal from the Seller Party.
Seller Party/Parties: refers to the party who actually sells the Deal to a User whether that be a Third Party Retailer or a Third Party Promoter on their behalf.
Sign-Up: as referred to in Clause 4.1.
Site: means a website owned and operated by Us which hosts Our Platform.
SM Connect Platform: refers to the software platform application of an SM Site that permits a Member to authenticate via a third party SM Site.
SM Platform Application: the API pertaining to various SM Sites enabling Us to offer Our Members a unique SM Connect Platform to interface with an SM Site originated API on the Site .
SM Site(s): one or more of Facebook, Twitter, LinkedIn, Google+ and any other social media website included by Us from time to time.
Our Deal Alerts: refers to the email alerts that We send to You in line with Your Member Preferences.
Login: refers to a Member’s private username and password to gain access to their Member Account on the Platform to manage their Member Preferences.
Member: refers to the person who has undergone Sign-Up and registered on the Site and has a Login.
Member Account: refers to the account accessible by a Member upon successful Sign-Up by way of the Login.
Member Preferences: refers to Your filtered preferences that You set in Your Member Account to tailor Your Deal Alerts.
Membership: refers to the Membership provided to a Member who has undergone Sign-Up.
Platform: refers to the online platform provided to You by Us via the Site .
Services: refers to those services provided by Us.
Shared Link: refers to a unique link which can be shared socially by a User with third parties.
User: refers to the Visitor and/ or the Member pursuant to context.
Visitor(s): refers to the person who visits the Site but does not undergo Sign-Up.
Third Party Promoter: refers to the party who may be promoting the products constituting a Deal on the Third Party Promoter Site on behalf of a Third Party Retailer.
Third Party Promoter Site: refers to the website of the Third Party Promoter.
Third Party Promoter Terms: refers to the service or trading terms of the Third Party Promoter made available on the Third Party Promoter Site as applicable.
Third Party Retailer: refers to the party who is the owner of, or licensor of, the products constituting a Deal.
Third Party Retailer Site: refers to the website of the Third Party Retailer.
Third Party Retailer Terms: refers to the trading terms governing the products advertised on the Site which are owned by, or licensed to Third Party Retailers.