User Terms and Conditions - August 2012
The DealMonster Website is operated by Johnston Press Plc. We are registered in Scotland, Company Registration SC015382 and have our registered office at 108 Holyrood Road Edinburgh EH8 8AS.
Where we sell Vouchers on the DealMonster Website, such a transaction will be governed by these DealMonster User Terms and Conditions.
Account means User’s DealMonster account;
Agreement means these DealMonster User Terms and Conditions;
Business Day means any day (other than a Saturday or Sunday or Bank Holiday) when banks are generally open for normal business in London;
Deal means the goods or services to be provided by Supplier to User in connection with the applicable Deal Promotion, as specified on the applicable Deal Specification;
Deal Promotion means a plan on the DealMonster Website for selling Vouchers pursuant to this agreement;
DealMonster Services means DealMonster, the online discount voucher service operated by DealMonster via the DealMonster Website, consisting of information and advertising services, content and transaction capabilities provided by DealMonster, affiliates of DealMonster and other third parties. Where applicable in this Agreement any reference to usage, receipt or provision of the Voucher Services shall be deemed to form part of the DealMonster Services and include any access to and/or usage of the DealMonster Website and any entry and participation in giveaways and prize promotions offered from time to time on the DealMonster Website;
Deal Specification means the terms and conditions that reflect the details of the applicable Deal;
DealMonster means the DealMonster organisation, associated assets and staff. Please contact us at: firstname.lastname@example.org
DealMonster IP means the DealMonster Website (including but not limited to its look and feel and its content), DealMonster trademarks, copyright and any software, technology or tools used by DealMonster to promote, market, sell, generate, or distribute the Vouchers;
DealMonster Voucher Price means the amount Deal Monster is required to charge for each Voucher in a Deal Promotion, as specified in the applicable Deal Specification;DealMonster Website means the website and other electronic means including smartphone Apps operated by, or on behalf of, DealMonster for the purpose of the Deal Promotion and any websites of business affiliates or other authorised persons of DealMonster on which DealMonster Vouchers are offered;
Force Majeure means any event outside of the reasonable control of DealMonster or Supplier, including but not limited to lightening, fire, flood, severe weather conditions, act of God, any national strike or labour dispute affecting said party, war, hostilities (whether war is declared or not), invasion, armed conflict or act of a foreign enemy (including terrorism), rebellion, revolution, riot or insurrection, nuclear explosion, radioactive or chemical contamination;
Special Instructions means the special instructions, if any, applicable to a Deal Promotion and/or Voucher, as specified on the applicable Deal Specification;
Supplier means a third party supplier offering to provide Voucher Services on the terms and conditions set out herein and in the Deal Specification;
User means a user of the DealMonster Website;
Voucher means the uniquely identifiable voucher, in print or electronic form in respect of each purchase by a User of a Deal which allows the said User to redeem it at a particular Supplier in exchange for the Voucher Services offered by that Supplier;
Voucher Code means the uniquely identifiable coding for each Voucher to enable its identification on redemption;
Voucher Expiration Date means the date on which the Vouchers are intended to expire, as specified on the applicable Deal Specification by the Supplier;
Voucher Services means the provision of goods or services by a Supplier at a discounted rate via the DealMonster Website in order to satisfy Deal and more particularly described in clause 8;
We, our or us means DealMonster;
Working Day means a day which is not a Saturday, Sunday or a Bank Holiday in any part of the UK and when the banks are generally open for normal business in London; and
You means User.2. ACCOUNTS
2.1 Where You want to purchase a Voucher, You must register for an Account with DealMonster via the DealMonster Website and provide certain information as prompted by the registration form. User represents and warrants that: (a) all required registration information submitted is complete and accurate; and (b) User will maintain the accuracy of such information.
2.2 User is responsible for maintaining the confidentiality of User’s Account login information and fully responsible for all activities that occur under the Account. User agrees to immediately notify DealMonster of any unauthorized use, or suspected unauthorised use of the Account or any other breach of security. DealMonster cannot and will not be liable for any loss or damage arising from User’s failure to comply with the above requirements.
2.3 DealMonster shall comply with the provisions of the Data Protection Act 1998 in respect of all personal data (including, but not limited to, name, mailing address, email address or telephone number) of User processed by them. It is expressly agreed that DealMonster shall be permitted, subject to the said statute, to utilise such personal data for the purpose of offering Deals to Users.
2.4 Only one registration per person is allowed. Multiple registration accounts are not allowed and We reserve the right to close such accounts.
2.5 You must be 18 years old or older to register for an Account. By agreeing to the terms of this agreement you are acknowledging that you are 18 years of age or over.
2.6 If You do not satisfy the provisions of this clause 2 or do not agree to the terms of this agreement, You should immediately refrain from using the DealMonster Website and DealMonster Service.
2.7 You must not:
2.7.1 Impersonate or try to impersonate another person;
2.7.2 Disclose Your password to anyone else (You are responsible for safeguarding Your password);
2.7.3 Allow anyone else to use Your Account;
2.7.4 Use anyone else’s Account.
3. PURCHASE OF VOUCHERS
3.1 After You purchase a Voucher, accepted these User Terms and Conditions and payment has been taken, You will receive an acknowledgement e-mail from Us or Our payment processor confirming that We have received Your order. This does not mean that Your order has been accepted even if Your payment has been processed. Your order constitutes an offer to buy a Voucher. The contract between DealMonster and You (“Contract”) will only be formed when We dispatch the Voucher to You by e-mail. You will receive a separate email confirming that your payment has been processed.
3.2 We will dispatch the Voucher to the e-mail address which You have provided; You should ensure that your details are correct and you have access to the e-mail account as We will NOT resend a Voucher. You shall be responsible for ensuring that the email address provided can receive messages and is not blocked by any spam guard or otherwise.
3.3 We reserve the right to change, modify, substitute, suspend or remove any information relating to a Voucher advertised on the DealMonster Website at any time before a Contract is formed.
3.4 In the event that We make such a change etc. as is mentioned in clause 3.3, You shall be entitled to exercise Your right of cancellation, referred to in clause 4.
3.5 By purchasing a Voucher, you acknowledge that these User Terms and Conditions apply to the purchase.
3.6 We reserve the right to send You administrative and promotional e-mails. We may also send you e-mails about your Account activity and purchases, as well as updates about the DealMonster Website and DealMonster Services and Vouchers as well as other promotional offers. You may opt out of these e-mails by clicking the unsubscribe link on each e-mail.
4. YOUR RIGHT TO CANCEL
4.1 You may cancel a Contract for a Voucher at any time up to seven Working Days after the day You receive the Voucher provided that You have not already redeemed the Voucher at a Supplier. Where You cancel in accordance with this clause 4.1, You will receive a full refund of the price paid for the Voucher.
4.2 To cancel a Contract, You must inform us in writing by emailing us at email@example.com providing us with the Voucher Code and You must destroy the Voucher and delete any emails sent to You with a copy of the Voucher. If You fail to comply with this obligation and/or attempt to use a cancelled Voucher, We may have a right of action against You for compensation.
4.2.1 Cancellation requests MUST be made from the email address You have registered with and by the Account Holder.
4.3 You will not have any right to cancel a Contract where the Voucher has already been redeemed at a Supplier.
5. SERVICE AVAILABILITY
5.1 You acknowledge that interruptions in the DealMonster Service and/or other events may occur that are beyond the control of DealMonster, and that DealMonster shall not be responsible for any data lost while transmitting information on the Web or otherwise. While DealMonster aims to make the DealMonster Service accessible at all times it may be unavailable and or access restricted from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DealMonster, access to the DealMonster Service may be interrupted, suspended or terminated from time to time.
6. PRICE AND DELIVERY CHARGES
6.1 The price of any Voucher will be as quoted on the DealMonster Website from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 6.2 below.
6.2 From time to time, some of the Vouchers listed on the DealMonster Website may be incorrectly priced. Where there has been an error in pricing, We are under no obligation to dispatch any Voucher to You at the incorrect (lower) price. Furthermore, Suppliers are not obliged to accept any issued Voucher if the pricing error was obvious and unmistakeable and could have reasonably been recognised by You as a mispricing.
7.1 Where You have cancelled the Contract in accordance with clause 4 above, a full refund of the amount paid for the Voucher shall be made.
7.2 Any such refund will be made within 30 days of a cancellation made in accordance with clause 4.2 and, usually, by the same method originally used by You to pay for the Voucher.
7.3 We reserve the right to make such investigations as We, or our Suppliers, consider necessary in relation to the making of any refund.
7.4 In the event that You attempt to claim any refund other than in accordance with this agreement or as permitted by law, We may take whatever steps We consider relevant to protect our interests and those of our Suppliers and, without prejudice to that generality, may terminate a User’s Account.
7.5 Refunds for Promotional Codes and/or Credits will be considered on a case-by-case basis unless the Promotional Code and/or Credits are non-refundable or fall within clause 9 below.
7.5.1 Non-refundable Credits are gained via our Refer A Friend service or from any Promotions that We may run.
8. VOUCHER AND VOUCHER SERVICES
8.1 Your Voucher will set out the Supplier's details and the Voucher Services and will also provide You with details of how You should redeem the Voucher.
8.2 Your Voucher shall have a Voucher Expiration Date. On any date after the Voucher Expiration Date the Voucher will be void and the Supplier shall in no way be obliged to provide the Voucher Services. An expired Voucher shall have no value.
8.3 The Voucher Services are provided by the Supplier named on the Voucher in accordance with clause 8.1. The Supplier is solely responsible for providing the Voucher Services to you.
8.4 Voucher Services shall only be redeemable during any period stated on the Voucher and may be subject to availability limitations at times due to capacity at the Supplier for provision of Voucher Services and / or other Special Instructions.
8.5 If You have any complaint in relation to the Voucher Services You should contact the Supplier directly.
8.6 Each Voucher is subject to its own terms and conditions as set out in the Deal Specification. By placing an order through the DealMonster Website, You warrant that You agree to and will abide by the User Terms and Conditions. In an event of a conflict between this agreement and the Deal Specification, the Deal Specification will prevail.
8.7 Reproduction, sale, resale or trade of a Voucher is prohibited and We reserve the right to cancel any Voucher, at Our discretion, if We believe that You have not complied with the provisions of this clause 8.7.
8.8 It is at the discretion of the Supplier whether a Voucher can be combined with any other vouchers, offers, promotions, coupons or gift certificates.
8.9 It is at the discretion of the Supplier whether to accept a Voucher for alternative goods and/or services to the Voucher Services provided that, where a Voucher is redeemed at a Supplier for alternative goods and/or services, there is no entitlement to a refund or a credit if such goods and/or services received are less than the Voucher's stated face value.
8.10 Unless otherwise expressly provided, Vouchers can only be redeemed in their entirety and may not be redeemed in part and/or instalments.
8.11 Neither We nor the Supplier are responsible for lost or stolen Vouchers.
8.12 The Voucher which We dispatch to you pursuant to this agreement will have a unique Voucher Code. You MUST print off the Voucher, containing the Voucher Code, and take it with you to the Supplier when seeking to redeem the Voucher. In relation to the provision of services, such as restaurant services, you may require to quote the Voucher Code when making the booking.
8.13 A Voucher Code may be used only once and no Voucher Services will be provided by a Supplier in relation to a Voucher where the Voucher Code has previously been redeemed.
9. PROMOTIONAL CODES AND CREDITS
9.1 Promotional Codes and/or Credits must be used only at the time of purchase and cannot be applied retroactively. In addition, requests to refund the value of any promotional codes and/or credits against any vouchers where you have not applied a promotional code and/or credit will not be accepted.
9.2 Promotional Codes and/or Credits can be redeemed on selected deals only and/or on a deal which has a value over £15 for one voucher unless otherwise stated within a promotion.
9.2.1 Those deals where Promotional Codes and/or credits cannot be used will make reference to this fact in the "small print" section of the deal.
9.2.2 Combining multiple voucher purchase to push the price of that deal over the minimum required price for the promotion will not allow you to use the promotional code for that purchase. Promotional Codes are only valid on the value of one voucher purchase over £15.
9.3 Where a deal is multi-priced, the lowest price point will be used to determine if a deal is valid against a promotion. If the lowest value is equal or below £15 then promotional codes will not be valid to redeem against it.
9.4 All promotional codes will have an expiry date and they must be used within this window. They cannot be used or carried over past this date. The promotional code will remain valid until 11:59pm (GMT) on the published expiry date of that code. To find out the expiry date of your promotional code, please refer to the initial communication from us that notified you of the code.
9.5 We retain all rights to remove, edit, de-authorise or otherwise change all promotional codes and credits without prior warning
10. USER COMPLAINTS
10.1 The policy and process for refunds other than in terms of the first sentence of clause 7.1 shall be as follows:
10.1.1 Where the Deal were for the provision of services, which for the avoidance of doubt, includes meal and restaurant services, and there is a claim from a User for a refund in respect of the non-provision or defective provision of the contracted Voucher Services,
10.1.1.1 A full refund of the DealMonster Voucher Price will be made to the User on written or e-mail request to DealMonster customer service, following approval by the DealMonster Managing Director. Such request must be made before the date 7 days after the Voucher Expiration Date.
10.1.1.2 The refund will be made to the payment medium utilised by the User in his original purchase of the Voucher 28 days after DealMonster shall have agreed with the User that a refund is due;
10.1.1.3 A refund may only be considered if the User shall have fulfilled all requirements of the Deal, including its redemption before the Voucher Expiration Date;
10.1.2 Where the Deal were for the supply of goods, and there is a claim from a User for a refund in respect of the non-provision or defective provision of the contracted Voucher Services,
10.1.2.1 A full refund of the DealMonster Voucher Price will be made to User on written or e-mail request to DealMonster customer service, following approval by the DealMonster Managing Director and confirmation from the Supplier that the goods in question have been returned. Such request must be made within 6 days after the Voucher Expiration Date.
10.1.2.2 The refund will be made to the payment medium utilised by the User in his original purchase of the Voucher 28 days after DealMonster shall have agreed with the User that a refund is due;
10.1.2.3 A refund may only be considered if the User shall have fulfilled all requirements of the Deal, including its redemption before the Voucher Expiration Date;
11. LINKS TO THIRD PARTY WEBSITES
11.1 We don't have control over websites to which DealMonster may link. DealMonster may contain links to third party websites (including Supplier websites) that are not owned, operated, or controlled by DealMonster. Therefore, We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them, nor do We accept any responsibility for any loss or damage that may arise from Your use of them. Accessing third party websites is entirely at Your own risk. Additionally, We cannot and will not censor or edit the content of any third party site. By using DealMonster You expressly relieve us from any and all liability arising from Your use of any third party website.
12.1 We may change or discontinue the DealMonster Website or any of the DealMonster Services at any time without prior notice. We reserve the right to terminate this agreement at our election and for any reason, without prior notice. In the event of any termination, You will immediately cease access to the DealMonster Website and DealMonster Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this agreement specifically applicable to such Voucher.
12.2 We may terminate this agreement at any time. We shall have the right immediately to terminate any passwords or Accounts of a User in the event of any conduct by a User which DealMonster, in its absolute discretion, considers to be unacceptable, or in the event of any breach by the User of this agreement
12.3 In the event of any termination, You will immediately cease access to the DealMonster Website and DealMonster Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this agreement specifically applicable to such Voucher.
13. COMPLIANCE WITH LAWS
13.1 You agree to comply with all applicable laws regarding your use of the DealMonster Site. You further agree that information provided by You is truthful and accurate to the best of your knowledge. DealMonster shall have the right, but not the obligation, to monitor the content of the DealMonster Website to determine compliance with this agreement and any applicable law, regulation, or authorised government request. DealMonster shall have the right to remove any material that DealMonster, in its sole discretion, finds to be in breach of the provisions hereof or otherwise objectionable.
14. OUR LIABILITY
14.1 Subject to clause 14.3 below, Our liability for losses You suffer as a result of Our breaching this agreement is strictly limited to the DealMonster Voucher Price of the Voucher You purchased.
14.2 We are not responsible for the Voucher Services and/or any other goods and/or services for which a Voucher can be redeemed. The Supplier is solely liable to You for all Voucher Services and/or any goods and/or services which the Supplier provides to you.
14.3 DealMonster does not exclude or limit liability for any liability that cannot be excluded or limited by law, including liability for death or personal injury or liability or for breach of the obligations implied by sections 12 and 14 of the Sale of Goods Act 1979 or of section 2 of the Supply of Goods and Services Act 1982. Subject to the preceding sentence, DealMonster shall not be under any liability for:
14.3.1 loss of actual or anticipated profits;
14.3.2 loss of goodwill;
14.3.3 loss of business;
14.3.4 loss of revenue or of the use of money;
14.3.5 loss of contracts;
14.3.6 loss of anticipated savings;
14.3.7 loss of data and/or undertaking the restoration of data; or
14.3.8 any special, indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
For the avoidance of any doubt, clauses 14.3.1 to 14.3.8 above apply whether such damage or loss is direct, indirect, consequential or otherwise.
15. FORCE MAJEURE
15.1 DealMonster shall not be in breach of any obligation under this agreement if it is unable to perform or is hindered from performing that obligation in whole or in part by reason of Force Majeure.
16. INTELLECTUAL PROPERTY
16.1 User agrees and acknowledges that DealMonster owns all right, title, and interest in or has a right to the DealMonster IP. User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the DealMonster IP or any portion thereof, or use such DealMonster IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. User shall not prepare any derivative work based on the DealMonster IP. User shall not translate, reverse engineer, decompile or disassemble the DealMonster IP, save as permitted by law.
17. SEVERABILITY AND TRANSFER OF RIGHTS
17.1 If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provision, and of the Agreement, shall continue in full force and effect.
17.2 We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this agreement to any person.
18.1 The headings to and within clauses of this agreement are for convenience and reference only and do not form a part of this agreement and shall not in any way affect the interpretation of this agreement.
18.2 Reference to the plural shall include the singular and vice versa, and reference to one gender includes reference to all genders.
18.3 References to a clause are to a clause in this agreement.
18.4 Any reference to this agreement or to any other document shall include any variation, amendment or supplement thereof from time to time.
18.5 In the event of termination, those provisions which are either expressly stated to survive or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this agreement.
19.1 Failure or delay by DealMonster to require the performance of any provision of this agreement by User shall not affect or impair DealMonster's right to require full performance thereof at any time thereafter. DealMonster may specifically waive any breach of this agreement by User, but no such waiver shall constitute a continuing waiver of similar or other breaches by User.
20. LAW AND JURISDICTION
20.1 This agreement, and all non-contractual obligations arising out of or connected to it, shall be governed by the laws of England. Each party submits to the non-exclusive jurisdiction of the English courts.