1. Interpretation
1.1
The following definitions and rules of interpretation apply in these
terms and conditions (unless the context requires otherwise).
You / Your: a user of this website and/or the purchaser of an Offer, as the context requires.
Group Company: Qype, its Subsidiaries or Holding Companies from time to time and any Subsidiary of any Holding Company from time to time.
Intellectual Property Rights:
patents, rights to inventions, copyright and related rights, moral
rights, trade marks, trade names and domain names, rights in get-up,
rights in goodwill or to sue for passing off, rights in designs, rights
in computer software, database rights, rights in confidential
information (including know-how and trade secrets) and any other
intellectual property rights, in each case whether registered or
unregistered and including all applications (or rights to apply) for,
and renewals or extensions of, such rights and all similar or equivalent
rights or forms of protection which may now or in the future subsist in
any part of the world.
Offer: the terms of any discount offered by the Retailer to a Customer via the Retailer’s registered business user account with Qype.
Offer Term: the period within which an Offer is available for redemption.
Purchase Value: the amount a Customer pays for an Offer (as evidenced by the Voucher).
Promotional Period: the period during which an Offer is available for purchase by a Customer.
Subsidiary and Holding Company: in relation to a company, "subsidiary" and "holding company" as defined in section 1159 of the Companies Act 2006.
Voucher: the paper voucher or electronic certificate evidencing a Customer’s purchase of an Offer.
1.2 The headings in these terms and conditions are inserted for convenience only and shall not affect its construction.
1.3
A reference to a particular law is a reference to it as it is in force
for the time being taking account of any amendment, extension, or
re-enactment and includes any subordinate legislation for the time being
in force made under it.
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
2. Purchasing A Voucher
2.1 An Offer is normally available for purchase during the Promotional Period only.
2.2
By agreeing to purchase an Offer (as evidenced by a Voucher) you
authorise Qype to debit the Purchase Value from your bank account and/or
your credit card.
2.3 Qype receives the Purchase Value, less any fees chargeable to the Retailer, as proxy for the Retailer.
2.4 Qype will normally send you an email confirming your purchase of the Offer for the Purchase Value.
2.5
Once You have purchased an Offer, Qype will make a Voucher available to
You, normally within 24hrs (electronically) or 2 to 3 business days (by
post), although it gives no warranty to this effect.
2.6 The Voucher will confirm the terms of the Offer and set out any restrictions or limitations specified by the Retailer.
2.7
Upon request, Qype may send you a Voucher by post. In such
circumstances, Qype may charge you for postage + VAT at the applicable
rate.
2.8 Your contract is with the Retailer only and is
concluded upon receipt by you of the Voucher. The Voucher is, therefore,
evidence of Your contract with the Retailer.
3. Redeeming A Voucher
3.1
You may redeem an Offer by presenting the Voucher to the Retailer as a
printed certificate, through your mobile phone (or other mobile digital
device), or as otherwise specified by Qype from time to time.
3.2
You are prohibited from reproducing Vouchers in any format. Any attempt
to reproduce a Voucher or to redeem it more than once shall lead to the
Voucher becoming void and may lead to criminal sanctions.
3.3
Save as expressly provided in the Voucher, You are prohibited from
re-selling the Voucher although you may transfer it for use by another
person.
3.4 No Voucher is convertible to cash or another Offer or
for goods or services different from those specified in the original
Voucher/Offer.
3.5 The Offer may be subject to an Offer Term. You
will not be able to redeem a Voucher after the expiry of the Offer Term
unless the Retailer, in its sole discretion, permits.
3.6 If You
fail for whatever reason to redeem a Voucher within the Offer Term, You
shall not be entitled to a refund of the Purchase Value nor to any
compensation from Qype.
3.7 Your contract in relation to an Offer
is with the Retailer only, not with Qype. Subject to the foregoing and
to clause 8, the Retailer shall be exclusively responsible to You for:
(a) honouring the Voucher pursuant to the terms of the Offer and without
modification, restriction or additional charges that are not expressly stated
on the Voucher; and
(b) answering all queries in connection with the redemption and use of the
Voucher.
3.8
If Your payment of the Purchase Value is rescinded for whatever reason
(including erroneous bank/credit card details, insufficient funds,
reversed direct debit, etc.) Your right to redeem the Voucher is voided.
If You have already redeemed the Voucher, You are obliged to reimburse
the Purchase Value together with any applicable bank charges to Qype. In
addition, you agree to indemnify Qype and keep it indemnified at all
times against all or any costs, claims, damages or expenses incurred by
Qype, or for which Qype may become liable, as a result of such rescinded
payment.
4. Withdrawal by Qype
4.1
Qype may, at any time until a Voucher is redeemed, and for whatever
reason, withdraw an Offer during the Promotional Period or the Offer
Term including in the following circumstances:
(a) the Retailer ceases to be a client of Qype;
(b) the Retailer becomes insolvent or ceases to provide the relevant goods or
services;
(c) force majeure; and
(d) any other circumstances (including financial) outside of Qype’s control.
4.2 Qype may at any time and for whatever reason restrict access to, block or close your user account.
4.3 If clause 4.1 applies, Qype shall immediately notify You and reimburse the Purchase Value.
5. Representations and Warranties
5.1 You represent and warrant to Qype that:
(a) You are over the age of 18;
(b) You have the power and authority to agree to and perform your obligations
under these terms and conditions and in relation to any contract (including
any Offer) entered into with any Retailer through Qype;
(c) You fulfil any prerequisites or conditions of being able to utilise any Offer
(e.g. in relation to Your age, health, weight, possession of a driving licence,
etc.);
(d) Any information You supply to Qype (including personal identification) is
truthful and complete; and
(e) You have no more than one user account with Qype.
6. Data protection / Privacy
6.1
Qype is committed to ensuring that Your privacy is protected. Should We
ask You to provide personal information (for example, when registering
as a user), then You can be assured that Qype will take reasonable steps
to protect the security of such data.
6.2 You consent to Qype
and any Group Company holding and processing all such personal data for
legal, administrative and management purposes.
6.3 We may
periodically send You promotional emails about new products, special
offers or other information which we think You may find interesting
using the email address which you have provided.
6.4 From time to
time, We may also use Your information to contact You for market
research purposes. We may contact You by email, phone or mail. We may
use the information to customise the website according to Your interests
6.5
You consent to Qype making such information available to any Group
Company and those who provide products or services to Qype and any Group
Company such as advisers, regulatory authorities, governmental or
quasi-governmental organisations and potential purchasers of Qype or the
Group or any part of its business.
6.6 You consent to the
transfer of such information to Qype's and any Group Company's business
contacts outside the European Economic Area in order to further their
business interests.
7. Intellectual property
7.1 This website contains material which is owned by or licensed to Qype or a Group Company.
7.2
You shall not by using this website or agreeing to these terms and
conditions or otherwise attain any rights over or licences in any
Intellectual Property Rights belonging to Qype, any Group Company or any
third party.
7.3 Subject to clause 7.4, You may not use, copy,
reproduce, amend/modify, lease, lend, sell, distribute, re-design or
reverse engineer any content or works which are retrievable or otherwise
made accessible via this website without the written consent of, as the
case may be, Qype or the relevant Group Company or third party.
7.4
You may print or download to a local hard disk extracts of this website
for your personal and non-commercial use only. You may also copy the
content to individual third parties for their personal use, but only if
You acknowledge the website as the source of the material.
8. liability
8.1
Qype is neither a seller/co-seller of the Retailer’s goods or services
nor an agent of the Retailer. Qype serves merely as a broker of the
Retailer’s goods or services and accepts no liability whatever for:
(a) the quality or delivery of such goods or services;
(b) the description or any images/photos of such good or services or of any
Offer;
(c) the manner in which such goods or services or any Offer are promoted or
advertised;
(d) the Retailer’s obligation’s in connection with or under any Offer;
(e) any postponement, delay, cancellation or variation of any Offer;
(f) any delay in delivering or error contained in any Voucher;
(g) any illicit or unauthorised redemption of a Voucher (for example, in the
event of its theft);
(h) any illicit or unauthorised use of Your password or user account; and
(i) exercising its right under clause 4.1.
8.2
Neither We nor any third parties provide any warranty or guarantee as
to the accuracy, timeliness, performance, completeness or suitability of
the information and materials found or offered on this website for any
particular purpose. You acknowledge that such information and materials
may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by
law.
8.3 Your use of any information or materials on this website
is entirely at your own risk, for which We shall not be liable. It
shall be Your own responsibility to ensure that any products, services
or information (including any Offers) available through this website
meet Your specific requirements.
8.4 In no event will we be
liable for any loss or damage including without limitation, indirect or
consequential loss or damage, or any loss or damage whatsoever arising
from loss of data or profits arising out of, or in connection with, the
use of this website.
8.5 Every effort is made to keep the website
up and running smoothly. However, Qype takes no responsibility for, and
will not be liable for, the website being temporarily unavailable due
to technical issues beyond Our control or otherwise.
8.6 From
time to time, this website may include links to other websites. These
links are provided for Your convenience only. They do not signify that
We endorse nor do We have any responsibility for the content of such
websites.
9. Cancellation
9.1 You may cancel your purchase of an Offer in writing within two weeks of receipt of the Voucher.
9.2 Your notice of cancellation should be addressed to:
Client Services
Qype Limited
95 New Cavendish Street
London
W1W 6XF
9.3
You will be reimbursed the Purchase Value within 30 days of Our
receiving Your notice of cancellation. The Purchase Value will be
reimbursed electronically to the bank details provided.
9.4 You will not be able to redeem the Voucher after We have received notice of cancellation under this clause.
9.5
You will not be allowed to cancel Your purchase of an Offer if You have
already redeemed the Voucher or if you are a Retailer/registered
business.
10. Question and Complaints
10.1 If You have any questions regarding these terms and conditions, please send us an email:
ukdeals@qype.com
10.2 Please address any complaints to:
Client Services
Qype Limited
95 New Cavendish Street
London W1W 6XF
11. Variation
Qype
reserves the right to amend these terms and conditions from time to
time. Qype will notify You of any planned changes via email, normally at
least one month before the changes take effect. If you fail to object
to the changes before they take effect, You will be deemed to have
accepted them. If You refuse to accept the changes, Qype may terminate
Your user account.
12. Governing law and jurisdiction
12.1
These terms and conditions and any dispute or claim arising out of or
in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed
in accordance with English law.
12.2 You irrevocably agree that
the courts of England and Wales shall have non-exclusive jurisdiction to
settle any dispute or claim that arises out of or in connection with
these terms and conditions or their subject matter or formation
(including non-contractual disputes or claims).
