Welcome to Go Groopie. The Go Groopie website www.gogroopie.com is owned and operated by Go Groopie Limited, a company incorporated in England & Wales with company number 07363687 and having its registered office at 330 High Holborn, London WC1V 7QT ("we", "us", "our", "Go Groopie"). The following terms and conditions form a binding agreement between you and us. Please review the following terms of this Agreement carefully. By using the Website or any Service (whether as a guest or a registered user), you are agreeing to these terms, as well as our Privacy Policy (published at www.gogroopie.com/privacy_policy and incorporated here by reference), and all of these terms will govern your use of the Website and the Services. If you do not agree to the terms of this Agreement, you must cease use of the Website and the Services. For the avoidance of doubt, the term "you" refers to the person accessing or using the Website or our Services, or the company or organisation on whose behalf that person accesses the Website or our Services.

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 support@gogroopie.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.

 

Definitions and Interpretations

"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:

• are aged 18 or over, 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;
• comply with the terms and conditions as set out in this Agreement;
• will not copy or distribute any part of Go Groopie, the Website or our Services in any medium without our prior written consent;
• will provide accurate information when Registering or registering for any of our other Services;
• are solely responsible for your User ID and the activity that occurs while signed in to or while using the Website using your User ID;
• will not use Go Groopie, the Website or its Services to collect any personally identifiable information, including account names, email addresses, or other such information for commercial purposes;
• will not use the communication systems provided by or contacts made on the Website for any commercial solicitation purposes;
• are solely responsible for your Content submissions, including (but not limited to) discussion posts, profile information, links, pictures, and other such content;
• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorise Go Groopie to use any and all Content submitted by you to Go Groopie in accordance with the licenses granted in this Agreement;
• hereby grant each User, a non-exclusive license to access the Content you submit through Go Groopie and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Go Groopie functionality and under this Agreement;
• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Go Groopie; and
• hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 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: support@gogroopie.com.

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.

You can Register by creating an account with Go Groopie (either by Registering directly with us or by allowing a Go Groopie application to connect through your Facebook profile). This will typically involve supplying us with your name, postcode, email address and possibly some other personal information. Please see our Privacy Policy (www.gogroopie.com/privacy_policy) for more details about this.

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.

Other personally identifiable information is covered by our Privacy Policy. For full details, please refer to our Privacy Policy at www.gogroopie.com/privacy_policy.

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.

 CONTENT

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:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• violates the confidentiality, privacy, publicity, or other rights of third parties;
• is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, indecent, offensive, abusive, threatening, harassing, hateful, liable to incite racial hatred or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Go Groopie in its sole discretion;
• for which you have not obtained all necessary licences and/or approvals;
• is false or inaccurate;
• could damage Go Groopie Ltd, any sister companies, affiliates, agents advertisers, or other parties; or
• is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 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:

• to send or receive any material which is not civil or tasteful;
• to send or receive any material which is threatening, offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
• to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
• to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• to cause annoyance, inconvenience or needless anxiety;
• to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
• for a purpose other than which we have designed them or intended them to be used;
• for any fraudulent purpose;
• other than in conformance with accepted internet practices and practices of any connected networks; or
• in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

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:

• resale of the Service (or Website) or any Voucher;
• furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
• attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
• accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
• executing any form of network monitoring which will intercept data not intended for you;
• sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
• creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
• sending malicious email, including flooding a user or site with very large or numerous emails;
• entering into fraudulent interactions or transactions with us or an Advertiser (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
• using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
• unauthorised use, or forging, of mail header information;
• engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
• engage in any conduct which, in our reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

 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:

• Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion;
• If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally;
• The Voucher has no cash value;
• No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law;
• No cash back or credit will be issued for partial redemption of the promotional portion of the Voucher;
• Use of a Voucher for alcoholic beverages is at the sole discretion of the Advertiser (which may be limited by law) unless otherwise noted on the Voucher;
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher;
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.

 ADVERTISER RESPONSIBILITY

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.

 REFUNDS

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: support@gogroopie.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 support@gogroopie.com:

• identification of the Voucher (and the Voucher reference number) and the Advertiser with whom you sought to redeem the Voucher
• statement of the date, time, and circumstances in which the Advertiser refused to redeem the Voucher, and
• a statement, under penalty of perjury, that the Voucher has never been redeemed with the Advertiser.

 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.

To the maximum extent permitted by las, we and our officers, directors, agents, vendors and Advertisers disclaim implied warranties that the Website and Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, non-infringing or relating to the use of reaonable care and skill. We do not guarantee that Go Groopie will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of Go Groopie, including any Services or deals, will be effective, reliable, accurate or meet your requirements. We make no warranties as to privacy and security other than as expressly stated in the privacy policy. We do not guarantee that you will be able to access or use the Website or Servcies at times or locations of your choosing. No oral or writeen information or advice given by a Go Groopie representative shall crete a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

 INDEMNITY

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:

• your use of and access to the Service or Website or Voucher
• the use of the Service of Website through your password
• your violation of any term of this Agreement
• your violation of any third party right, including without limitation any copyright, property, or privacy right
• any claim that any Content submitted by you causes damage to a third party.

 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

1. fraud;
2. death or personal injury caused by negligence
3. any other liability which cannot be excluded or limited by applicable law

 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."

 INTELLECTUAL PROPERTY

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.

 ADVERTISEMENTS

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.

No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertisers or affiliates may place or recognise a unique "cookie" on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy about this here, which you can click on for more information: www.gogroopie.com/privacy_policy.
ELECTRONIC COMMUNICATIONS

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

This Agreement, together with the Privacy Policy at www.gogroopie.com/privacy_policy and any other legal notices published by Go Groopie on the Website or any Voucher, shall constitute the entire agreement between you and Go Groopie. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Website. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Website and Services. Your use of the Website and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Go Groopie’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an authorised officer of Go Groopie. No purported waiver or modification of this Agreement by Go Groopie via telephonic or email communications shall be valid.

 DATA PROTECTION

Please see our Privacy Policy at www.gogroopie.com/privacy_policy  which forms part of this Agreement.

 GENERAL TERMS

In this Agreement:

• words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
• clause headings such as (at the start of this clause) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
• references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

 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).

This Agreement (and our Privacy Policy) and any other legal notices published by Go Groopie on the Website or any Voucher contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

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.

 MISCELLANEOUS

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 support@gogroopie.com.