This Agreement was updated on 25 October 2010. We may revise this Agreement at any time by updating this online posting. You should check the Website from time to time to review the current Agreement because it is binding on you. You may terminate this Agreement by written notice to us (by post or by email at email@example.com) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher will be deemed to constitute acceptance of the new Agreement.
Please note that as a consumer, nothing in this Agreement affects your non-excludable statutory rights.
"Advertiser" means a third party seller of goods and/or services for which a Voucher can be redeemed for Voucher Products subject to Vouhcer Conditions;
"Advertisement" means any kind of promotional or advertising material that is published or otherwise displayed on the Website on behalf of the Advertiser;
"Agreement" means these terms and conditions and any amendments to them as we may make at our discretion;
"Content" means information and materials which a User can publish and/or obtain from the Website;
"Microsite" means an auxiliary website supplementary to our Website;
"Purchase" means the purchase of a Voucher from the Website;
"Purchaser" means any User that has made a Purchase of has received the Voucher as a gift (provided that gifting is permitted under the Voucher Conditions set by the Advertiser);
"Register" means to create an account on the Website (and "Registration" or "Registering" means the action of creating an account);
"Service" means all or any of the services provided by Go Groopie via the Website (or via other electronic or other communication from Go Groopie) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase);
"User" means any person accessing or using the Website, the Services or any application authorised by Go Groopie but developed via a third-party developer, or the company or organisation on whose behalf that person accesses the Website, Services or other application;
"User ID" means a unique identifier for each User registered on the Website;
"Voucher" means a voucher which subject to Voucher Conditions allows the Purchaser to redeem it via the Advertiser in exchange for Voucher Products offered by the Advertiser;
"Voucher Conditions" means the terms and conditions relating to the Voucher as detailed in the Advertisement;
"Voucher Products" means the goods and/or services offered by a particular Advertiser which are described as part of the Voucher and which can be obtained in exchange for a Voucher (subject to the Voucher Conditions);
"Website" means www.GoGroopie.com and any Microsite.
RULES AND CONDITIONS OF USE OF THE WEBSITE AND OUR SERVICES
Permission to use the Website is conditional upon your agreement that you:
We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults (or that Vouchers will be free of error) and we do not accept any liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.org.
We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all. We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology. Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as reasonably practicable. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any part of this Agreement. Please note that the Website and the Service and any Purchase are directed solely at those who access the Website from the United Kingdom. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the United Kingdom. If you choose to access the Website (or use the Service or make a Purchase) from locations outside the United Kingdom, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
REGISTRATION AND ACCOUNTS
You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website or to publish Content on the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
As part of your Registration, you will need to choose a password for your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. Each Registration is for a single User only. However, you agree that any person to whom your User ID or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that responsibility for the security of any passwords issued rests with you and you are entirely responsible if you do not maintain the confidentiality of your password.
All Registrations must be made with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any Registrations with someone else’s email address or with temporary email addresses may be closed without notice. We may require Users to re-validate their accounts if we believe they have been using an invalid email address.
We reserve the right to close accounts if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Registrations, or if an non-UK User pretends to be a UK User, or disrupts the Website or the Service in any way.
Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other Users, you may have action taken against any or all of your accounts.
NON-CONFIDENTIALITY AND PRIVACY
Registered Users are able to publish Content on the Website. You understand and agree that much of the information that you submit to us or the Website (such as postings and invitations) is submitted for the purpose of disclosure in a variety of ways by Go Groopie. Therefore, such information is not subject to any confidentiality obligation and shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content and we shall be free to copy, disclose, distribute, incorporate and otherwise use such Content and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Please note that any communications between you and Go Groopie, such as email or other correspondence via the Website or otherwise, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
You agree not to revise or obscure Content posted by others (including advertising and promotions authorised by Go Groopie), and you agree not to post or use any Content in any manner that:
Though we strive to enforce these rules with all of our Users, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. Your use of the Website and Services is at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Website if we determine or suspect that those accounts or Content violate the terms of this Agreement or any other applicable agreement with the offending User(s). We take no responsibility for your exposure to Content on the Website, whether it violates our content policies or not.
YOUR OBLIGATIONS AND GENERAL RULES OF USER CONDUCT
Please note that the Advertisers will have their own applicable terms and conditions, in relation to their own supply of their goods and/or services.
You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements before Purchase.
Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
The following uses of the Service (and Website) and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
LINKS TO AND FROM THIRD PARTY SITES
Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. If you use these links, you leave the Website. We have not reviewed any Other Sites and we have no control over and do not accept and assume no responsibility for Other Sites or for the content or products or services or availability of Other Sites (including, without limitation, relating to social networking sites such as Facebook). We therefore do not endorse, or make any representations about any Other Sites, or any material found on them, or any results that may be obtained from using them and we accept no responsibility for any loss or damage that may arise from your use of any Other Sites. If you decide to access any Other Sites linked to the Website, you do so entirely at your own risk.
The Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
PURCHASE OF VOUCHERS
Go Groopie sells Vouchers via the Website on behalf of Advertisers, that can then be redeemed for Voucher Products from the relevant Advertiser (subject to Voucher Conditions). You must Register in order to make a Purchase from the Website.
As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service and Vouchers as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of any of such e-mail correspondence.)
After you have gone through the procedure for purchasing a Voucher and you have confirmed your acceptance to this Agreement and we have taken payment (by debit card or credit card or otherwise),then the transaction is complete (and a contract for Purchase is made) only when we email you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out this Agreement from our Website as a record.
Please note that the Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. The average time to expiration for our Vouchers is around 3 months.
Please note that all Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to this Agreement and to Voucher Conditions of the relevant Advertiser. By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement and to the Voucher Conditions of the relevant Advertiser.
Once you have made a Purchase, the Voucher is redeemable by you from an Advertiser for Voucher Products provided by that Advertiser. The particular Advertiser and particular Voucher Products offered by that Advertiser for which the Voucher can be redeemed will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our (or the Advertiser’s) discretion.
Each Voucher has specific Voucher Conditions associated with the promotion which will be presented to you at the time you commit to the Purchase. These specific Voucher Conditions supersede any inconsistent terms in this Agreement, except to the extent that such terms are prohibited by applicable law.
Neither we nor the Advertiser are responsible for lost or stolen Vouchers or Voucher reference numbers.
Please note that the sale of Vouchers by us is currently not subject to VAT. If UK VAT law change we reserve the right to charge you VAT in addition to the price for the Vouchers. VAT may be charged to you separately by the Advertiser at the time you redeem the Voucher.
Please note the following restrictions:
Please note that the Advertiser, and not Go Groopie is the seller of the Voucher Products and therefore the Advertiser is solely responsible for providing you with the Voucher Products and for the Voucher Products themselves and for redeeming any Voucher you Purchase. It is at the discretion of the Advertiser to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
As issuer of the Voucher, the Advertiser shall be solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Advertiser or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
By purchasing a Voucher, a customer acquires the right to print a Voucher issued by the participating Advertiser and to redeem the Voucher according to its Voucher Conditions and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
Once we send you the Voucher, you may cancel the transaction at any time within 7 from the day that you receive the Voucher. If you want to cancel, you must do so by sending an email to tell us you are cancelling the transaction to: email@example.com or by writing to us - in each case, always provided that you have not yet redeemed the Voucher.
The Advertiser is obligated to honour the Voucher in compliance with law. After 7 days, we do not provide refunds except if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Advertiser has gone out of business or becomes insolvent or because the Advertiser refuses to honour the Voucher before the legally permitted expiration date. In such cases Go Groopie will refund the paid portion of your Voucher in the form of a credit which can be redeemed against future Go Groopie promotions. In order to receive the credit, you must provide the following information in writing by sending an email to firstname.lastname@example.org:
SUSPENSION AND TERMINATION
If you use (or anyone other than you, with your permission uses) the Website or Service or a Voucher in contravention of this Agreement, we may suspend your use (or anyone we believe to be connected to you and the breach in whatever manner) of the Service and/or Website (in whole or in part) and/or a Voucher. In such a scenario, we also reserve the right to terminate this Agreement immediately.
If we suspend the Service or Website or a Voucher, we may refuse to restore the Service or Website or Voucher until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to amend or terminate this Agreement at our election and for any reason, without prior notice. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
If we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person, Go Groopie reserves the right to terminate the Agreement with immediate effect. Go Groopie shall fully co-operate with any law enforcement authorities or court order requesting or directing Go Groopie to disclose the identity or locate anyone in breach of this Agreement.
DISCLAIMERS OF WARRANTY
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products, services and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
We provide the Website and Services "as is", "with all faults" and "as available." We and our suppliers and Advertisers make no express warranties or guarantees about the Website, Services, Voucher or Voucher Products.
You agree to defend, indemnify and hold harmless Go Groopie Limited, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to any reasonable fees arising from any claims or legal proceedings brought or threatened against us by any person) arising from:
This defence and indemnification obligation will survive this Agreement and your use of Go Groopie.
STANDARDS AND LIMITATIONS OF LIABILITY
We and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this Agreement shall exclude or limit our Liability for
Your sole and exclusive remedy for any dispute with us is to discontinue your use of Go Groopie, the Wesbite and the Services. In no event shall our liability, or the liability of our affiliates, officers, directors, agents, vendors or Advertisers, for any and all claims relating to the use of the Website and Services exceed the total amount of fees that you paid us during the previous one-year period for the specific service at issue. We, our affiliates, officers, directors, agents, vendors and Advertisers, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website and Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damage or losses, even if we knew of should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion of the limitation of liability for consequential or incidental damages in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors and Advertisers, shall be limited to the extent permitted by law.
RESERVATION OF RIGHTS AND RELEASE
Go Groopie reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of ours or any Advertisers. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Website and from any claims related to the conduct of any other customers of ours or any Advertisers. You hereby waive any provision in any jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Services in accordance with this Agreement.
“Go Groopie” is the trademark of Go Groopie Limited. Other product and company names that are mentioned on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Go Groopie, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Go Groopie. This includes, without limitation, the text, software, scripts, graphics, photos, videos, sounds, underlying source code and software (including applets and scripts), interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Go Groopie, subject to copyright and other intellectual property rights under UK law, the law of the jurisdiction where you reside, and international conventions. Content provided by Go Groopie is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied, by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
We may place third-party advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided by us on an objective basis and which are not (i.e. the advertisements).
You are free to select or click on advertised goods and services or not as you see fit.
Any advertisements may be delivered on our behalf by a third party advertising company.
The communications between you and Go Groopie use electronic means, whether you visit the Website or send us emails, or whether Go Groopie posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Go Groopie in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Go Groopie provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT AND WAIVERS
In this Agreement:
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at 330 High Holborn, London WC1V 7QT.
All provisions of this Agreement apply equally to and are for the benefit of Go Groopie, its subsidiaries, any holding companies of Go Groopie, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
You and Go Groopie agree that any cause of action arising out of or related to Go Groopie must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
You represent that you are legally able to accept the terms of this Agreement. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts.
The Website and the Service is owned and operated by Go Groopie Limited, a company registered in England and Wales whose registered office is at 330 High Holborn, London WC1V 7QT, England. If you have any queries please contact Customer Services at email@example.com.