END USER - TERMS OF WEBSITE USE

1. ACCEPTANCE OF TERMS OF USE This page (together with the documents referred to on it) tells you (“you” or the “End User”) the terms and conditions (the “Terms of Use” or “Agreement”) on which you may make use of our Website, whether as a guest or a Registered user. Please read these Terms of Use carefully before you start to use the Website. By using our Website or by transacting through the Website or using any facility or service on the Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website. 2. DEFINITIONS 2.1 The definitions and rules of interpretation in this clause apply in these Terms of Use. “Associated Company / Associated Companies” means a company belonging to iVoucher. “Forums” means ratings, comments, bulletin board service, chat rooms, discussion groups, message boards and/or other message or communication facilities provided on the Website from time to time. “Ivplatform” means the iVoucher software used by iVoucher and Associated Companies to operate the Website and Microsite(s) and Mobile Apps. “Microsite(s)” means any individual auxiliary sites or any site using ivplatform available directly or indirectly or any site now or hereinafter contained within or otherwise available through external hyperlinks with our umbrella website, www.ivoucher.com, for the marketing of Vouchers. “Mobile Apps” means the iVoucher mobile phone applications used to access the Services operated by iVoucher. “Merchant” means a participating third party retailer that promotes a Voucher to an End User on the Website and where the Voucher may be redeemed in return for goods or services. “Operator(s)” means the partners and affiliates of iVoucher that use ivplatform to operate Microsites using their own brand who promote Vouchers for Merchants to End Users. “Services” means all the interactive online services operated on the Website, including information services, content and transaction capabilities facilitated through iVoucher, its Associated Companies or Operators or Merchants. “Register” or “Registered” means the act of registering your details on the Website to create an account on the Website. “Trade Mark” means the iVoucher trade mark and logo and any current and/or future registrations of either of these marks or any similar mark or branding of iVoucher or of its Associated Companies or Operators or third parties provided or used as a part of these Services the Website or any application for registration anywhere in the world. Unless otherwise indicated, all other trade marks appearing on the Website are the property of their respective owners. “Voucher” a promotional voucher claimed or purchased by the End User which may be exchanged by him for particular goods/services at Merchants (or other third parties) at a discount from their actual cost and subject to the terms and conditions set out in that voucher. “Website” means www.iVoucher.com and Microsites and the Mobile Apps. 3. GENERAL 3.1 www.iVoucher.com is a site operated by iVoucher Limited ("We" or “iVoucher”) We are a limited company registered in England and Wales under company number 06859567 and have our registered office at 6th Floor, 113-123 Upper Richmond Road, London, SW15. Our main trading address is 70 St Mary Axe, London, EC3A 8BE. Our VAT number is GB981845772. 3.2 The Website provides the End User with access to the Services. 3.3 We develop and make available Ivplatform to Operators and Merchants to provide Services and promote Vouchers to the End User through a Microsite or Mobile App. 3.4 This Agreement sets forth the terms and conditions that apply to the use of this Website by the End User. The right to use this Website is personal to the End User and is not transferable to any other person or entity. The End User shall be responsible for protecting the confidentiality of the End User’s password(s), if any. The End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of iVoucher, and iVoucher shall not be responsible for any data lost while transmitting information on the Internet. While it is iVoucher’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable 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 iVoucher, access to the Website may be interrupted, suspended or terminated from time to time. We will not be liable if for any reason our Website is unavailable at any time or for any period. 3.5 iVoucher shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, iVoucher may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. 3.6 By using the Services or placing an order through the Website, you warrant that: 3.6.1 (a) you are legally capable of entering into binding contracts; and 3.6.2 (b) you are at least 18 years old. 3.7 You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under it, without our prior written consent. 3.8 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under it, at any time. 4. PRIVACY POLICY 4.1 We process information about you in accordance with a Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. 5. MODIFIED TERMS iVoucher reserve the right at all times to discontinue or modify any of our Terms of Use (which includes a Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If any substantial changes are made, we will notify you by sending you an e-mail to the e-mail address that is Registered with your account and/or by posting notice of the change on the Website. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website, provided that these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Website and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing the Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Website by the End User after such notice shall be deemed to constitute acceptance by the End User of such modifications. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website. 6. EQUIPMENT The End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. iVoucher shall not be liable for any damages to the End User’s equipment resulting from the use of this Website. 7. END USER CONDUCT 7.1 This Website is private property. All interactions on this Website must comply with these Terms of Use. 7.2 We insist and require that all End Users restrict any and all activity in connection with the use of this Website to that which involves lawful purposes only. 7.3 The End User shall not post, transmit through or use this Website: 7.3.1 in any way that violates or infringes in any way upon the rights of others; 7.3.2 in any way that is unlawful, fraudulent, threatening, abusive, defamatory, an invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; 7.3.3 in any way that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; 7.3.4 without iVoucher’s express prior, written approval, in any way that, contains advertising or any solicitation with respect to products or services; 7.3.5 in any way that, in iVoucher’s exclusive discretion, restricts or inhibits any other End User from using or enjoying this Website; 7.3.6 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below); 7.3.7 for the purpose of harming or attempting to harm minors in any way; or 7.3.8 in any way to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other online or offline services directly or indirectly competitive or potentially competitive with iVoucher. Content Standards 7.4 These content standards apply to any and all material which you contribute to our Website (contributions), and to any Forums associated with it. 7.5 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. 7.6 Contributions must: 7.6.1 Be accurate (where they state facts). 7.6.2 Be genuinely held (where they state opinions). 7.6.3 Comply with applicable law in the UK and in any country from which they are posted. 7.7 Contributions must not: 7.7.1 Contain any material which is defamatory of any person. 7.7.2 Contain any material which is obscene, offensive, hateful or inflammatory. 7.7.3 Promote sexually explicit material. 7.7.4 Promote violence. 7.7.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 7.7.6 Infringe any copyright, database right or trade mark of any other person. 7.7.7 Be likely to deceive any person. 7.7.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. 7.7.9 Promote any illegal activity. 7.7.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. 7.7.11 Be likely to harass, upset, embarrass, alarm or annoy any other person. 7.7.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. 7.7.13 Give the impression that they emanate from us, if this is not the case. 7.7.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Intellectual Property Rights in Uploaded Material 7.8 The End User shall not upload, post or otherwise make available on this Website any material protected by intellectual property rights (including all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world) without the express permission of the owner of that intellectual property right. iVoucher do not have any express burden or responsibility to provide the End User with indications, markings or anything else that may aid the End User in determining whether the material in question is copyrighted or trademarked. The End User shall be solely liable for any damage resulting from any infringement of any intellectual property rights or any other harm resulting from such a submission. 7.9 By submitting material to any public area of this Website, the End User warrants that the owner of such material has expressly granted iVoucher the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property right that may exist in such material. The End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. The End User hereby grants iVoucher the right to edit, copy, publish and distribute any material made available on this Website by the End User. Privacy of Communications 7.10 The End User acknowledges that all discussion on Forums are public and not private communications, and that, therefore, others may read the End User’s communications without the End User’s knowledge. iVoucher does not control or endorse the content, messages or information found in any Forums, and, therefore, iVoucher specifically disclaims any liability concerning the Forums and any actions resulting from the End Users’ participation in any Forums, including any objectionable content. Generally, any communication which the End User posts to the Website (whether in the Forums or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by iVoucher as confidential, that fact will be stated on those pages. Licence Grant 7.11 By posting communications (including comments, messages or other information) on or through this Website, the End User shall be deemed to have granted to iVoucher a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, technology, promotions, advertising, market research or any other lawful purpose whether now known or hereafter developed without territorial, time or other limitations, and to sublicence such rights through multiple tiers of sub-licensees. For more information see Privacy Policy. Monitoring 7.12 iVoucher shall have the right, but not the obligation, to monitor the content of the Website at all times, including any Forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by iVoucher, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, iVoucher shall have the right, but not the obligation, to remove any material that iVoucher, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Viruses, Hacking and Other Offences 7.13 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 7.14 By breaching clause 7.13, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. 7.15 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. Warranty 7.16 You warrant that any contribution or use of the Website does comply with the standards of conduct set out in this clause 7 and you indemnify us for any breach of that warranty. 8. INTELLECTUAL PROPERTY 8.1 iVoucher is the owner or licensee of all intellectual property rights (including all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world) in this Website and in the material published on it (including text, software, photos, video, graphics, music and sound, and the entire contents of the Website). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 8.2 Any copying, commercial exploitation, publishing, participation in the transfer or sale, creation of derivative works, distributing, transmitting, posting, linking, deep linking, or otherwise modifying or exploiting (in whole or in part) this Website or any of the material detailed in clause 8.1 above without the express written permission of iVoucher or our Operators is strictly prohibited. The End User may, however, download, print, and/or save copyrighted material for the End User’s personal use only. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties. 8.3 If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or otherwise owned or operated in conjunction with iVoucher shall not be deemed to be in the public domain but rather the exclusive property of iVoucher, unless such trademark is under licence from the trademark owner thereof, in which case such licence is for the exclusive benefit and use of iVoucher unless otherwise stated. 9. DISCLAIMER OF WARRANTY 9.1 The End User expressly agrees that use of this Website is at the End User’s sole risk. Neither iVoucher, its Associated Companies nor any of their respective employees, agents, Merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (1) the results that may be obtained from use of this Website or (2) the accuracy, reliability or content of any information, services or Vouchers provided through this Website. 9.2 This Website is made accessible on an “as is” and “as available” basis. To the extent permitted by law, iVoucher hereby disclaims any and all representations, warranties and conditions, whether express or implied, including, but not limited to, those of title non-infringement, merchantability, and fitness for a particular purpose. 9.3 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents. 10. LIMITATION OF LIABILITY 10.1 This clause 10 sets out the entire liability of iVoucher and its Associated Companies and its Operators and the End User’s sole and exclusive remedies in relation to this Agreement (including, but not limited to, the entering into, performance or otherwise of this Agreement, the Services or the Website). 10.2 To the extent permitted by law, iVoucher and its Associated Companies and its Operators hereby expressly exclude: 10.2.1All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 10.2.2Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of the use of money; (f) loss of data; (g) loss of an opportunity; (h) loss of goodwill; (i) loss of reputation; (j) wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the End User’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. 10.3 Nothing in this Agreement excludes or limits iVoucher’s or its Associated Companies’ or Operators liability for: (a) death or personal injury caused by our negligence; (b) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (c) defective products under the Consumer Protection Act 1987; or (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 10.4 Subject to clause 10.3, the total liability of iVoucher and its Associated Companies or its Operators shall not exceed, in aggregate: (a) In relation to a Voucher, the amount paid for that Voucher; or (b) In relation to any other claim, the amount paid by the End User during the 3 months preceding the bringing of such a claim to iVoucher or its Associated Companies or its Operator. 11. INDEMNIFICATION / RELEASE 11.1 The End User agrees to defend, indemnify and hold harmless iVoucher, its Associated Companies and its Operators and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by the End User in connection with the Website. 11.2 The End User is solely responsible for interactions with Merchants and other users of the Website. To the extent permitted under applicable laws, the End User hereby releases iVoucher and its Associated Companies and Operators from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user. 12. TERMINATION iVoucher and its Associated Companies and its Operators may terminate this Agreement at any time. Without limiting the foregoing, iVoucher and its Associated Companies and its Operators shall have the right to immediately terminate or suspend any passwords or accounts of the End User’s in the event of any conduct by the End User or which iVoucher and its Associated Companies and its Operators, in its sole discretion, considers to be unacceptable, or in the event of any breach by the End User of this Agreement. Any provision of this Agreement which expressly or by implication is intended to come into or continue in force on or after termination of this Agreement (including clauses 5, 7, 8, 9, 10, 11, 13, 16 and 17) shall survive termination of this Agreement. 13. TRADEMARKS The End User shall not use any mark or name confusingly similar to the Trade Mark for any purpose (including, but not limited to, in respect of any services the End User offers or using the Trade Mark as part of any corporate business or trading name or style). 14. THIRD-PARTY CONTENT 14.1 The Website contains links to websites and resources provided by third parties. These links are provided solely as a convenience to you and not as an endorsement by iVoucher of the contents on such websites or resources, and iVoucher hereby expressly disclaims any representations regarding the content or accuracy of materials on such websites or resources. If the End User decides to access linked websites or resources, the End User does so at its own risk. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 14.2 Unless you have executed a written agreement with iVoucher expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. You must not establish a link from any website that is not owned by you. iVoucher reserves the right to revoke its consent to any link at any time in its sole discretion. 15. MISCELLANEOUS 15.1 This Agreement and any operating rules, policies or procedures published on our Website from time to time, constitute the entire agreement of the parties with respect to the subject matter hereof. 15.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. 15.3 The section headings used herein are for convenience only and shall be of no legal force or effect. 15.4 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. 15.5 The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. 16. TERMS OF SALE 16.1 All Vouchers presented digitally, downloaded or printed or displayed (with a unique identifying number or not) from the Website or Microsite or any other website associated with iVoucher are purchased from Merchants through the Website or Microsite. 16.2 By placing an order for a Voucher from a Merchant through the Website, you make an offer to purchase the Vouchers on the terms and conditions set out in these Terms of Use and the terms and conditions and fine print set out in the Voucher deal. 16.3 For more information about our collection of personal information, please view our Privacy Policy 16.4 You are required to Register in order to purchase any Voucher. This is required so we can provide you with easy access to your orders, view your past purchases, modify your preferences. 16.5 A transaction for the purchase of a Voucher will only be complete when all of the following steps have been completed: (a) the End User confirms his acceptance of these Terms of Use; (b) the End User has gone through Registration; (c) iVoucher have taken payment from the End User (the End User’s offer to purchase the Voucher); and (d) iVoucher has sent the End User an e-mail confirming the purchase of the Voucher. For the avoidance of doubt, an e-mail solely confirming receipt of payment from the End User is not confirmation of purchase. The purchase of some Vouchers is subject to a minimum number of End Users making an offer to purchase Vouchers (relating to similar goods or services offered by the Merchant) within a specified period. If that minimum amount is not reached within the specified period then the transaction for the purchase of the Voucher will not be complete and any payment received from the End User in respect of that Voucher will be refunded. 16.6 You will be e-mailed your Voucher or be provided with a hyperlink to your Voucher within one (1) working day of receipt of confirmation of purchase. Provided that you have not yet redeemed the Voucher, you have the right to cancel the transaction within 7 working days from the day after the day on which you received the Voucher. If you wish to cancel, you must, within this timescale, do so by sending an e-mail to support@ivoucher.com or send a letter to iVoucher Limited, 70 St Mary Axe, London, EC3A 8BE stating that you are cancelling the transaction. 16.7 The Voucher you purchase through the Website is redeemable for goods or services provided by the Merchant. The Merchant, not iVoucher, is the seller of the Voucher and the provision of the goods and services and is solely responsible for redeeming any Voucher you purchase. 16.8 The Voucher is redeemable from the Merchant in accordance with these Terms of Use and the terms and conditions and fine print set out in that Voucher. 16.9 Any attempted redemption inconsistent with these Terms of Use and the terms and conditions and fine print will render the Voucher void (to the extent allowed by law). 16.10 Use of Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. 16.11 Vouchers cannot be combined with any other Merchant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant. 16.12 Vouchers cannot be used in payment of taxes, tips or prior balances, unless permitted by the Merchant. 16.13 Restaurant related Vouchers are valid for dining inside the Merchant only unless otherwise stated. 16.14 The issuing of Merchant refund is at the sole discretion of the Merchant unless otherwise required by applicable law. 16.15 Neither iVoucher nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers. 16.16 Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with applicable law. 16.17 If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Merchant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. 16.18 All Vouchers shall be subject to these Terms of Use and the Merchant’s terms and conditions and fine print.