THE IMPORTANT LEGAL STUFF


Groupon UK is the owner and operator of this website. In addition to operating the website, Groupon UK also sells vouchers. Groupon International Travel GmbH (a separate company in the Groupon group of companies) sells accommodation reservations on the Groupon UK website. In order to help you understand the relevant parties and legal obligations associated with using and purchasing from the Groupon UK website, please read and review the following legal documents::



I. GROUPON UK SITE AND SERVICE TERMS OF USE


This page sets out the terms for the use of the Groupon UK Site and the Services we offer.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS AND CONDITIONS

1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the "Agreement". We are MyCityDeal Limited (trading as Groupon UK) and we are the operator of this Site. We are also a provider of a range of services related to this Site, as well as a seller of Vouchers. We are a company registered in England with our registered office at Seal House, 1 Swan Lane, London EC4R 3TN. Our company number is 07112363 and our VAT number is GB 989 026 181. We refer to ourselves as "Groupon UK", "MyCityDeal", "we", "us" or "our" in this document, and we refer to us and any other companies in the Groupon group of companies as the "Groupon Group".

1.2 What we do and what this Agreement covers: We provide the Services on the Site and we sell Vouchers. We also allow other sellers to sell certain items via the Site (including companies in the Groupon Group, such as Groupon International Travel, GmbH). This Agreement is a legal contract between you and us for the provision of these Services, including our operation of the Site, processing your payment, allowing you to manage your Groupon UK account, etc. Please note that when you Purchase a Voucher from the Site we also operate as a seller and our Voucher Terms of Sale will also apply to your Purchase. But if you Purchase anything else, such as travel products from Groupon International Travel, then that seller’s terms of sale apply to your Purchase and Groupon UK will not be part of that contract. All relevant legal relationships will be set out to you prior to purchase and in the terms of sale applicable to your Purchase.

1.3 Email marketing and us: We send email newsletters and other communication to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Policy for details.

1.4 What we don’t do: There are certain things that we don’t do. Please note that although we provide the Service and we also sell Vouchers, we do not assume responsibility for any contracts between you and any Merchant for the supply of the goods and/or services supplied by that Merchant related to your Voucher (please see the Voucher Terms of Sale for more information about this). Nor are we responsible for the supply of any travel products related to your Purchase of items sold by Groupon International Travel (please see the Groupon Reservation Terms of Sale for more information about this). Finally, please note that we are also never a seller’s or a Merchant’s agent. What we mean by the above is this: in our capacity as an operator of the Site and Services, we are only responsible for what we set out in this Agreement and nothing else.

1.5 Your use of this Site and our Services: The Site and our Service are for your non-commercial, personal use only and not for business purposes, except as separately permitted by us in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.6 Prevention on use: We reserve the right to prevent you from using the Site and the Service (or any part of them).

1.7 Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in Clause 13.

2. REGISTERING WITH US AND YOUR ACCOUNT

2.1 Why Register?: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Service. However, you must Register in order to make a Purchase. This is so that we can provide you with easy access to print your Voucher, view your past Purchases (of Vouchers, travel products or whatever), store any Groupon UK Credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.2 How to Register: To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.

2.3 Passwords: During Registration, you will also need to supply us with your password. 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. You agree that (so long as it is not the fault of Groupon UK) we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Site and Service. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.4 Valid Email Address: During Registration, all accounts must be registered with a valid personal email address that you access regularly. Any accounts which have been registered 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.

2.5 Passwords: Groupon UK may send you administrative and promotional emails. We may also send you information regarding your account activity, updates about our Site and Service, as well as other promotional offers. We may also send you information regarding Purchases you’ve made. (You can 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 and by managing your subscriptions in our subscription centre.)

3. STANDARDS AND GROUPON’S LIMITATION OF LIABILITY

3.1 The standards we operate under:Groupon UK always tries its best at what it does! To give some legal backing to this, we warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement, and we will not contravene the requirements of professional diligence in what we do.

3.2 If there is a conflict: If there’s a conflict between what we say in different parts of this Agreement, this Clause 3 takes precedence over all other sections and provisions of this Agreement and sets out our entire Liability, and your sole and exclusive remedies, in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Site (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

3.3 What we are always responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other non-excludable statutory rights).

3.4 What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of this Agreement) but for nothing else (such as suing for a tort).

3.5 Categories of loss that we are not responsible for: To the extent permitted by law (and subject to Clause 3.3, please note that we shall have no Liability for:

3.5.1 loss of revenue;

3.5.2 loss of actual or anticipated profits;

3.5.3 loss of contracts;

3.5.4 loss of the use of money;

3.5.5 loss of anticipated savings;

3.5.6 loss of business;

3.5.7 loss of opportunity;

3.5.8 loss of goodwill;

3.5.9 loss of reputation;

3.5.10 loss of, damage to or corruption of data; and

3.5.11 indirect or consequential loss.

The law on interpretation of limitations and exclusions of liability is extremely complicated – and, to be frank, a bit bananas! So to make sure this clause means what we think it means, please therefore note that apart from what we set out in Clause 3.3 of this Agreement, we understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise".

3.6 Limits of Liability: Apart from what we set out in Clause 3.3 of this Agreement (for which we have unlimited liability) and apart from what we say in Clause 3.5 (where we set out where we are never responsible), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to £50.

3.7 Invalid or unenforceable parts of this Agreement: The limitation of Liability under Clause 3.6 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of this Agreement.

 

4. YOUR OBLIGATIONS

4.1 Accurate information: You promise us 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.

4.2 Content on the Site: It is your responsibility to ensure that any items or information available through the Site meet your specific requirements.

4.3 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Site or Service:

4.3.1 to send or receive any material which is not civil or tasteful;

4.3.2 to send or receive any material which is threatening, grossly 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;

4.3.3 to send or receive any material for which you have not obtained all necessary licenses 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;

4.3.4 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);

4.3.5 to cause annoyance, inconvenience or needless anxiety;

4.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

4.3.7 for a purpose other than which we have designed them or intended them to be used;

4.3.8 for any fraudulent purpose; or

4.3.9 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.

4.4 Forbidden uses: The following uses of the Site are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

4.4.1 resell the Service or Site;

4.4.2 furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

4.4.3 attempt 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 probe the security of other networks (such as running a port scan);

4.4.4 access the Site or Service in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

4.4.5 execute any form of network monitoring which will intercept data not intended for you;

4.4.6 send 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;

4.4.7 create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

4.4.8 send malicious email, including flooding a user or site with very large or numerous emails;

4.4.9 enter into fraudulent interactions or transactions with us or a Merchant or a seller or a member of the Groupon Group (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);

4.4.10 use the Site or Service (or any relevant functionality of either of them) in breach of this Agreement;

4.4.11. use in an unauthorised manner, or forge, mail header information; or

4.4.12. engage in any unlawful activity in connection with the use of the Site and/or the Service or any item.

4.5 Equipment: The use of the Site and the Service do not include the provision of a computer or other necessary equipment to access the Site or the Service. To use the Site or Service, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

5. RULES ABOUT USE OF THE SITE AND THE SERVICE

5.1 Errors and omissions: We are not liable for errors or omissions if we have complied with the standards set out in Clause 3 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information or item or Service on the Site or forming part of the Service from time to time should we reasonably have the need (or perceive the need) to do so.

5.2 Viruses and similar stuff: We do not give any warranty that the Site or the Service are free from viruses or anything else which may have a harmful effect on any technology.

5.3 Stopping access: Although we will try to allow uninterrupted access to the Site and the Serivce, access to the Site and the Service may be suspended, restricted or terminated at any time should such interruption be reasonably required by us. Your access to the Site 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 we reasonably can. We also 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 of this Agreement.

5.4 Closing accounts: We reserve the right to close accounts if any user is violating our terms of use (including this Agreement), including if a user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Groupon accounts, or if a user pretends to be located in a country different from where he actually resides, or if a user disrupts the Site or the Service in any way.

5.5 Multiple logins: If you use multiple logins, if we do take any action against you, you may have action taken against all of your accounts.

6. SUSPENSION AND TERMINATION

6.1 If you use (or anyone other than you, with your permission uses) the Site or Service in contravention of this Agreement, we may suspend your use of the Site and/or Service (in whole or in part).

6.2 If we suspend the Site or Service, we may refuse to restore the Site or Service 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.

6.3 Groupon UK shall fully co-operate with any law enforcement authorities or court order requesting or directing Groupon UK to disclose the identity or locate anyone in breach of this Agreement.

6.4 Without limitation to anything else in this Clause 6, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Site and/or Service; ii) suspend your use of the Site and/or Service; iii) suspend the use of the Site and/or Service for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

6.4.1 you commit any breach of this Agreement;

6.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or

6.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

6.5 Notwithstanding anything else in this Clause 6, we may terminate this Agreement at any time.

6.6 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.

7. GROUPON UK CREDIT

7.1 What is Groupon UK Credit?: Groupon UK Credit is a form of website currency that is issued by Groupon UK and may be applied as a credit towards the Purchase of eligible items sold on the Groupon UK Site. Groupon UK Credit is credit only; it has no cash value and cannot be refunded for cash. That said, it is as good as cash for any item you want to buy from the Site (unless that item cannot be Purchased with Groupon UK Credit).

7.2 How you get Groupon UK Credit: In order to receive Groupon UK Credit you must first have a Groupon account which is in good standing. If your account is in good standing then we may issue you Groupon UK Credit (within our sole discretion) for any of the following reasons: (i) as a refund; (ii) as an incentive to Purchase an item; (iii) for referring a friend (which we set out in further detail below); or (iv) for no (or any!) reason at all.

7.3 Expiry and the two types of Groupon UK Credit: There are generally two types of Groupon UK Credit we may issue.

7.3.1 The first type of Groupon UK Credit is "General Groupon UK Credit" which is credited straight to your account. General Groupon UK Credit must be used within one year of issuance otherwise it will expire and you will no longer be able to use it.

7.3.2 The second type of Groupon UK Credit is "Incentive Credit". Incentive Credit is credit that we make available for a limited amount of time to be used in connection with a Purchase during that time. Incentive Credit will only be credited to an eligible Purchase if you make that Purchase within the time period and in the manner we specify; additionally, you may also need to apply the Incentive Credit toward your Purchase of the item. If you fail to follow the instructions you will not receive the Incentive Credit and no credit will be issued to your Purchase. In this respect Incentive Credit is time limited, conditional and applicable only to the extent you purchase an item.

7.4 Using Groupon UK Credit: As we said above Groupon UK Credit can be used in the same way as cash when you Purchase items on the Site – but it may not be applied automatically to your Purchase. When you checkout, prior to entering your payment details, you may have the option to elect to use your Groupon UK Credit on the particular Purchase of that item. If you have Groupon UK Credit, and that item can be Purchased with Groupon UK Credit, then so long as you elect to use Groupon UK Credit, credit will be applied to your Purchase. Please note that not all items can be Purchased with Groupon UK Credit. Whether an item can be Purchased with Groupon UK Credit is within our sole discretion. If an item is not eligible to be Purchased with Groupon UK Credit then whether you elect to use credit or not, you will need to pay for the item in cash.

7.5 Terms of Groupon UK Credit: Groupon UK Credit is a simple concept, but there are some very important rules and restrictions related to it. These are the main rules and restrictions:

7.5.1 If we make your receipt of Groupon UK Credit on you doing (or not doing) something, you must do (or not do) that thing to receive the credit.

7.5.2 You cannot resell, distribute, allow somebody else to use or give your Groupon UK Credit to anybody else.

7.5.3 You cannot combine your Groupon UK Credit with any other account you may have, nor can you transfer any Groupon UK Credit balances between accounts. It is only for you and is only usable with the account we give the Groupon UK Credit to.

7.5.4 You cannot do anything fraudulent or dishonest to earn or acquire Groupon UK Credit.

7.5.5 If an item has rules and restrictions relating to the use of Groupon UK Credit that are mentioned as part of the sale or advertisement of that item, such rules and restrictions apply to your use of Groupon UK Credit in respect of that item.

7.6 Cancelling or discontinuing Groupon UK Credit: We reserve the right to cancel, terminate, withdraw or discontinue Groupon UK Credit at any time for any reason. Further, if you breach any term of this Agreement we reserve the right to cancel your Groupon UK Credit.

7.7 Other important points: If we issue you with Groupon UK Credit it may not appear in your account immediately. When we issue you the Groupon UK Credit we’ll tell you how long we anticipate it will take before it appears in your account. Please bear with us if your Groupon UK Credit takes longer than expected.

7.8 Refer-a-friend: You can earn Groupon UK Credit by referring friends, relatives and other people to Groupon’s Site. If you satisfy the terms relating to refer-a-friend you can earn £6 per referral, subject to a total lifetime cap for you and your Account of £120. Please note that we reserve the right to turn on or off (in whole or in part) the refer-a-friend programme at any time, within our sole discretion (though this would not affect any Groupon UK Credit previously earned through the programme).

7.8.1 How to refer a friend: There are several ways to recommend using the Groupon UK Site. But the basic idea is that your friend receives a special link to the item you have recommended they buy. You can send links to items on the Site directly via social media, such as Facebook or Twitter. You can also recommend items you are viewing or you have Purchased by clicking on the refer-a-friend link and providing Groupon UK with your friends email address. We will then email your friend the deal that you have recommended. It is your responsibility to ensure that your friends want to receive the deal, and by giving us their email address you acknowledge and understand this to be true.

7.8.2 Receiving your Groupon UK Credit: If you refer a friend to the Groupon UK Site, the following conditions will need to be satisfied in order for you to receive your Groupon UK Credit:

7.8.2.1 you have Registered for a Groupon account;

7.8.2.2 any friend you refer must never have been subscribed to Groupon emails or had an account;

7.8.2.3 your friend(s) must click on the link that was sent to him/her and successfully purchase that item via the link within 72 hours of you sending the link;

7.8.2.4 the item your friend Purchased was not cancelled or withdrawn seven working days from the date your friend Purchased the deal; and

7.8.2.5. any other conditions for the receipt of Groupon UK Credit have been met.

If all of the above conditions are met then you will receive £6 Groupon UK Credit in your Groupon UK account.

8. DATA PROTECTION

8.1 Please see our Privacy Policy which forms part of this Agreement.

9. ADVERTISEMENTS

9.1 Any advertisements may be delivered on our behalf by a third party advertising company, which may place or recognise a unique "cookie" on your browser. 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 Cookies Policy.

10. LINKS TO AND FROM OTHER SITES

10.1. Where the Site 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. We have no control over and do not accept, and we assume no responsibility for, Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered) in the Site and Services (subject to Clause 11.4 below), information content on the Site or accessed as part of the Service, any database operated by us and all the Site design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

11.2 None of the material listed in Clause 11.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our permission.

11.3 All rights (including goodwill and, where relevant, trade marks) in the "Groupon" names are owned by members of the Groupon Group or its licensors. Other product and company names mentioned on the Site are the trade marks or registered trade marks of their respective owners.

11.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.

11.5 The authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.

11.6 Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation and subject to any details you provide relating to receiving money from you. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (e.g., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material for the purpose of operating the Site and providing the Service.

12. GENERAL

12.1 Interpretation: In this Agreement:

12.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

12.1.2 clause headings such as ("12. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and

12.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

12.2 No partnership/agency: 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.

12.3 No other terms: 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.

12.4 Assignment: 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.

12.5 Events beyond our reasonable control: 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.

12.6 Entire agreement: This Agreement (and our Privacy Policy) 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.

12.7 No waiver: 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 of 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.

12.8 Notices: 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 our registered office.

12.9 No third party rights: All provisions of this Agreement apply equally to and are for the benefit of the Groupon Group and 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 by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement.

12.10 Survival: In any event, the provisions of Clauses 1, 3, 5, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Site or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Site or Service.

12.11 Severability: 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.

12.12 Governing law: We will do our best to resolve any disputes about this Agreement. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.

13. DEFINITIONS
13.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

13.1.1"Liability" means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.

13.1.2 "Merchant" means a seller of goods and/or services for which a Voucher can be redeemed.

13.1.3 "Purchase" means the purchase of an item from the Site.

13.1.4 "Register" means to create an account on the Site, and "Registration" means the action of creating an account.

13.1.5 "Service" means all or any of the services provided by Groupon UK via the Site (or via other electronic - or other - communication from Groupon UK) including mobile applications, our newsletter, emails we send you and the information services and content and transaction capabilities on the Site (including the ability to make a Purchase).

13.1.6 "Site" means websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites that link to or reference these terms of use.

13.1.7 "Voucher" means a voucher which is sold by Groupon UK and can be exchanged for the goods and/or services described on the voucher from a relevant Merchant, subject to terms and conditions listed on the voucher itself and/or on the deal page of the Site from which the voucher was Purchased.


This Agreement was most recently updated on 8 July 2013.

 

**************************************************************************************************************************

II. GROUPON UK VOUCHER TERMS OF SALE

 

This page sets out the terms of sale for Vouchers offered by Groupon UK.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF SALE

1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. You are agreeing to purchase a Voucher from us on the terms of sale that appear below, which we call the "Terms of Sale". We are MyCityDeal Limited (trading as Groupon UK) and we are the seller of the Voucher you have Purchased (and to which these Terms of Sale apply). We are a company registered in England with our registered office at Seal House, 1 Swan Lane, London EC4R 3TN, England. Our company registration number is 07112363 and our VAT number is GB 989 026 181. We refer to ourselves as "Groupon UK", "MyCityDeal", "we", "us" or "our" in this document, and we refer to us and any other companies of the Groupon group of companies as the "Groupon Group".

1.2 What we do: In addition to what we say we do in our Terms of Use, we are a company that sells Vouchers on our own behalf that can be redeemed with Merchants for the Merchant Products/Services described on the Voucher. We act as an intermediary between you and the Merchant so that the Merchant may supply to you the Merchant Products/Services. We are never responsible for the supply of the Merchant Products/Services - please see what we say in Clause 3.1 for an outline of the legal framework of our business model and your Purchase.

1.3 Who we aren’t: Groupon UK is not a Merchant. We sell Vouchers that can be redeemed with a Merchant. We do not sell, provide or supply any Merchant Products/Services. Any Merchant Products/Services will always be supplied by a third party (which may be a company in the Groupon Group, but will never be Groupon UK). In the event we sell something other than a Voucher, we will let you know so that you understand what aspects of these Terms of Sale apply to your Purchase.

1.4 Who is this other business called Groupon Shop Ltd?: You will see references to Groupon Shop Ltd ("Groupon Shop") throughout these Terms of Sale. Groupon Shop is a subsidiary company of - and separate company to - Groupon UK and part of the Groupon Group. It is an English company with registration number 7964930 (and it has its registered office at the same address as Groupon UK). Groupon Shop sells a variety of Groupon Shop Goods but does not sell Vouchers. On the other hand, Groupon UK does sell Vouchers but does not sell Groupon Shop Goods. So: Groupon UK sells Vouchers and Groupon Shop sells Groupon Shop Goods. Got it? Good! Please again note that Groupon UK and Groupon Shop, while both part of the Groupon Group, are different legal entities. This means, for example, if you have a complaint against Groupon Shop, you must raise that issue with Groupon Shop directly and not Groupon UK, as Groupon UK is a legally separate business.

1.5 Your acceptance of these Terms of Sale: Please read these Terms of Sale carefully. By making any Purchase you are agreeing to these Terms of Sale and you acknowledge that your Purchase is made subject to these Terms of Sale.

1.6 Changes to this Agreement: These Terms of Sale were most recently updated on 13 December 2013 (version 1c). We reserve the right to amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the Terms of Sale which you agree to when you make a Purchase and not any later Terms of Sale unless you expressly consent to such new Terms of Sale.

1.7 Your legal rights: As a consumer, nothing in these Terms of Sale affects your non-excludable statutory, or legal, rights.

1.8 Definitions: In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within these Terms of Sale or at the end in Clause 9.

2. SOME BASICS YOU SHOULD KNOW ABOUT MAKING A PURCHASE

2.1 Minimum Age: In order to make a Purchase you must be 18 years of age or over. By making a Purchase you are agreeing that you are above 18 years of age.

Place of Use: Voucher offers are directed solely at those who make a Purchase from the UK. We make no representation that a Voucher is available or otherwise suitable for use outside of the UK. If you choose to make a Purchase from locations outside the UK, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

Scope of Use: Any Purchase is for your non-commercial, personal use only (although you may give any Voucher to someone else for their personal use). You must never make a Purchase for business purposes without our express, written consent to do so.

Prevention on use: We reserve the right to prevent you from making any Purchase for any reason whatsoever. Any such decision is within our sole discretion.

3. PURCHASE OF VOUCHERS

THIS IS THE HEART OF THESE TERMS OF SALE - PLEASE READ IT VERY CAREFULLY!!

3.1 An outline of how purchasing works legally: When you Purchase a Voucher, there are several contracts relevant to your Purchase. First, there are the Groupon UK Site and Service Terms of Use of the Groupon UK website. This contract governs your use of the Groupon UK services (which are set out in the Groupon UK Site and Service Terms of Use, but include taking and processing payments made via the website, sending you administrative and marketing emails, etc.). Second, there is the Terms of Sale (this agreement!) which is your contract with Groupon UK to buy a Voucher which can be redeemed for Merchant Products/Services or Groupon Shop Goods. Third, there is the contract between the you and the Merchant (or Groupon Shop) who supplies the Merchant Products/Services (or Groupon Shop Goods). This contract is formed between you and the Merchant (or Groupon Shop) when you apply to redeem your Voucher. Groupon UK is not a party to this contract and it has nothing to do with us. Finally, there is the contract between Groupon UK and the Merchant where the Merchant commits to Groupon UK to supply you with the Merchant Products/Services when you apply to redeem your Voucher with the Merchant. Please check out our FAQ which sets this out as well or contact our customer service if you have any questions or comments.

3.2 When a Voucher transaction is complete: When you go through the procedure for purchasing a Voucher, after you have confirmed your acceptance of the Groupon UK Site and Service Terms of Use, Privacy Policy, and these Terms of Sale and after we have taken payment (by debit card or credit card or whatever), the transaction to Purchase a Voucher is only complete (and a contract for Purchase is made) when we email you confirming the transaction. This email confirmation we send to you is our acceptance of the transaction; and it is at this point that a contract between you and us for the supply of a Voucher is created - which are these Terms of Sale. We keep a copy of the contract between us and we recommend that you print out these Terms of Sale for your own records.

3.3 Right to cancel: We will make your Voucher available to you in your Groupon UK account or by email or both. When we do so, you are legally entitled to cancel the transaction at any time within 7 working days from the day after the day that you first receive the Voucher (whether by email or your account, whichever is earliest) - provided of course that you have not yet redeemed the Voucher! If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: support@groupon.co.uk; or phoning us on +44 203 5100 410; or writing to us at the address we set out in Clause1.1. For the purposes of these Terms of Sale, a working day is any day that is not a Saturday, Sunday or English public holiday.

3.4 Voucher options: For any Voucher you Purchase from Groupon UK, you will always have at least two options for redeeming your Voucher. Your first option will be to redeem your Voucher with the Merchant for the Merchant Products/Services provided by that Merchant and as advertised on your Voucher, subject to the Voucher’s terms and conditions, fine print, etc. All of this will be stated on your Voucher. Alternatively, for the first 7 calendar days after you Purchase your Voucher, you will also be able to redeem your Voucher for the amount of the purchase price (and not the value of the Voucher) with Groupon Shop for Groupon Shop Goods offered for sale by Groupon Shop. For example, say you have Purchased a Voucher for a massage with a Merchant for £40 and the original value of that massage is £100. For the first 7 calendar days after you have Purchased your Voucher, you have the option to either: (a) redeem your Voucher with the Merchant in exchange for a massage OR (b) redeem that Voucher with Groupon Shop for £40 towards any Groupon Shop Goods.

3.5 One redemption only: While you have the option to redeem your Voucher either with the Merchant or with Groupon Shop, you may not redeem your Voucher with both. This means, for example, that if you have redeemed your Voucher with the Merchant you cannot also redeem your Voucher with Groupon Shop for Groupon Shop Goods. Any attempted redemption of a Voucher not consistent with these Terms of Sale (whether with a Merchant or Groupon Shop) may render a Voucher void at our, a Merchant’s or Groupon Shop’s discretion.

3.6 RESPONSIBILITY - A REALLY IMPORTANT PART OF THIS AGREEMENT!:

3.6.1. Please note that it is the Merchant or Groupon Shop, and not Groupon UK, who is the seller of the Merchant Products/Services or the Groupon Shop Goods.

3.6.2. Please note that it is the Merchant or Groupon Shop, and not Groupon UK, who is the party who enters into a contract with the person redeeming the Voucher for the Merchant Products/Services or Groupon Shop Goods.

3.6.3. Please note that it is the Merchant or Groupon Shop, and not Groupon UK, who is solely responsible for providing you with the Merchant Products/Services or Groupon Shop Goods and for the Merchant Products/Services or Groupon Shop Goods themselves.

3.6.4. Please note that it is the Merchant or Groupon Shop, and not Groupon UK, who is solely responsible for redeeming any Voucher you Purchase.

3.7 Restrictions:

3.7.1. 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.

3.7.2. Vouchers redeemed with a Merchant are redeemable in their entirety only and may not be redeemed incrementally. Although it should never happen, if, for whatever reason, you redeem the Voucher with a Merchant for less than its face value, you are not entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed.

3.7.3. Vouchers redeemed with Groupon Shop may be redeemed for any Groupon Shop Goods. Where the price of the Groupon Shop Goods is different than the Voucher purchase price, you will need to see what Groupon Shop’s Terms of Sale state because Groupon UK is not part of that legal relationship (please see what we say in Clauses 3.1and 3.6).

3.7.4. Combination: It is at the discretion of the Merchant or Groupon Shop to determine whether Vouchers can be combined with any other promotions, vouchers (including Vouchers), third party certificates or coupons.

3.8. Lost/stolen vouchers: Neither we nor the Merchant nor Groupon Shop are responsible for lost or stolen Vouchers or Voucher reference numbers or Voucher security codes.

3.9 Expiry: As every Voucher will have two redemption options, each redemption option will likely have its own expiry period. For redemption of your Voucher with a Merchant, the expiry date will be listed on the Groupon UK advertisement as well as your Voucher. This expiry date will vary depending on the Voucher you have Purchased but it will expire on the date specified on the Voucher and/or in the advertisement on the Groupon UK website. For redemption of your Voucher with Groupon Shop, the expiry date will be 7 days after the date of Purchase. For the avoidance of doubt, once your Voucher has expired it is no longer valid and is not redeemable for Merchant Products/Services or Groupon Shop Goods.

3.10. Status of vouchers: All Vouchers are multi-purpose vouchers that are subject to these Terms of Sale and to any terms and conditions of the relevant Merchant or Groupon Shop (as applicable).

3.11. Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price of the Voucher.

3.12. Shipping and other Costs: If you redeem your Voucher you may be required to pay shipping costs to the Merchant or Groupon Shop in order for either the Merchant or Groupon Shop to deliver to you your Merchant Products/Services or Groupon Shop Goods. Any such costs may be payable directly to Groupon UK on behalf of the Merchant or Groupon Shop, or directly with the Merchant or Groupon Shop. We will always let you know about such delivery costs before you Purchase as part of the advertisement for the Voucher, as well as to whom and when you must pay those delivery costs. It is also possible that we may accept booking fees or other costs associated with redeeming your Voucher. Where we do accept such a booking fee or other cost, we do so on behalf of the Merchant and will always let you know before you Purchase.

3.13. Emails: As a condition of Purchase, we reserve the right to send you administrative emails, including information regarding your account activity and purchases, as well as updates about the Voucher you have Purchased. You can opt-out of many of these administrative emails via our subscription centre. When you Purchase a Voucher, at the point of check out and if you have not already agreed, we will give you the opportunity to agree for us to send you promotional emails. If you agree to this, you will always be able to 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 and you can manage your subscriptions by logging into your account.

3.14. Content on your Voucher: It is your responsibility to ensure that any Merchant Products/Services and/or Groupon Shop Goods meet your specific requirements.

3.15. Forbidden uses: The following uses of a Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

3.15.1. resell the Voucher;

3.15.2. provide false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; or

3.15.3. engage in any unlawful activity in connection with the use of a Voucher.

4. CANCELLATIONS, REFUNDS OR PROBLEMS - AND THE GROUPON UK PROMISE

4.1 THE GROUPON UK PROMISE

Please note the Groupon UK Promise. It says:

"We’re confident in the businesses we feature on Groupon UK and back them with this Groupon UK Promise. If your experience using your Voucher ever lets you down, we’ll return the purchase price of your Voucher, either as cash or as Groupon UK Credit. Simple as that."

If you are ever having trouble redeeming your Voucher, we are here to help. We approach refund requests for unredeemed Vouchers in this straightforward way:

1. Our first response will always be to try and help you receive the experience you purchased.
2. If we cant assist you in redeeming your Voucher, we will offer you Groupon UK Credit to try another experience.
3. If you don’t want Groupon UK Credit to use towards another offer because Groupon has let you down and it’s within the validity period, we’ll return the purchase price of your Voucher.

If a business closes permanently, we will always honour returns for unredeemed Vouchers.
In accordance with the law, on the vast majority of deals, any unredeemed Voucher may be returned for a full cash refund within the first 7 working days from the day after the day that you receive the Voucher.
If you’ve already redeemed your Voucher, and you are disappointed with your purchase, please contact us and well evaluate returns on a case-by-case basis.

4.2 If you change your mind about buying a Voucher: Even if nothing has gone wrong, you are entitled by law to cancel your Voucher for any reason or no reason, as long as you are within the first 7 working days from the day after the day that you receive the Voucher (either by email or when your Voucher is available in your account, whichever is earlier). Any refund within those time limits will be a refund of the purchase price of the Voucher (payable back via your original method of payment). If you are outside of that time, then subject to the Groupon UK Promise, we are not obliged to give any refund for the Voucher.

4.3 If your Voucher has expired:Please see Clause 3.9 of these Terms of Sale about limited periods of validity of any Voucher. Subject to the Groupon UK Promise (and to Clause 4.2 of this Agreement), if your Voucher has expired you are not entitled to redeem your Voucher in exchange for the Merchant Products/Services or Groupon Shop Goods, nor are you entitled to your money back or any refund. However, if you have been unable to redeem your Voucher within the period of validity through no fault of your own (e.g. the Merchant refused to take any booking at all within the validity period) it is possible you may be able to receive a refund of Groupon UK Credit or of the purchase price of your Voucher. This will depend on your ability to demonstrate to us to our reasonable satisfaction that your inability to redeem your Voucher was through no fault of your own. If you can establish this we may be able to refund you in Groupon UK Credit or to provide a refund of the purchase price of the Voucher (payable back via your original method of payment); however such a refund will depend on whether you were at fault and, subject to our compliance with Clause 3.3 and the Groupon UK Promise, the decision to provide a refund to you is within our sole discretion.

4.4. If the Merchant Products/Services are not what you expect based on the description before Purchase or the description on the Voucher: If you have a complaint and you contact customer services at Groupon UK, one of several things can happen:

4.4.1. If we confirm to you that the description on the Website and the Voucher is correct and the Merchant is at fault or you are otherwise unsatisfied with what the Merchant provides: we will try and contact the Merchant to resolve the issue. Please note that (as per Clause 3.6 of these Terms of Sale), the Merchant (and NOT Groupon UK) is responsible to provide the Merchant Products/Services in respect of a Voucher. If the Merchant honours the Voucher properly, then all well and good. If the Merchant does not honour the Voucher properly, legally you must take action against the Merchant. However, at Groupon UK, we go beyond our legal obligations. We offer the Groupon UK Promise. This is set out at Clause 4.1 of these Terms of Sale. Depending on why you are unsatisfied, we may offer you a refund. Sometimes we may offer you a refund in Groupon UK Credit and sometimes as a refund of funds (payable back via your original method of payment); but again, please remember that a refund in such circumstances is within our sole discretion.

4.4.2. If the description on the Website and/or the Voucher is incorrect for some reason: On rare occasions, we can make mistakes. Although we pride ourselves on our professionalism and responsibility, we are staffed by human beings! We are not liable for errors and omissions provided we have complied with Clause 5.1. If we notice an error, we may contact you about amending or cancelling a Voucher. Whether we contact you or not, if the description on the Website and/or the Voucher is incorrect for some reason and you want to return your Voucher for that reason, then please let us know and we will refund the purchase price of your Voucher (payable back via your original method of payment).

4.5 If your Groupon Shop Goods from Groupon Shop are not what you expected: If you have a complaint about the Groupon Shop Goods you have purchased from Groupon Shop with your Voucher, you must contact Groupon Shop directly. We will of course work with you to attempt to resolve any issues you may have. But please note that, as set out in Clauses 3.1 and 3.6 of these Terms of Sale, it is Groupon Shop (and NOT Groupon UK) who is responsible to provide the Groupon Shop Goods to you. If Groupon Shop does not honour their contract with you properly, then legally you must take action against Groupon Shop. However, at Groupon UK, we go beyond our legal obligations. We offer the Groupon UK Promise (set out in Clause 4.1) and this extends to any experience you have, whether with a Merchant or with Groupon Shop. Depending on why you are unsatisfied, we may offer you a refund. Where we decide to give you a refund, we may offer a refund as Groupon UK Credit or as a refund of funds (payable back via your original method of payment).

4.6 Status of refunds: Please note that any refund in cash will be refunded back to you via your original method of payment. If your original method of payment has been cancelled or expired and you have not informed us of this then it is possible you will need to coordinate with your bank or your payment services provider to obtain your refund if we pay it back to your cancelled or expired method of payment.

4.6.1. Accepting and rejecting refunds: The following is always true about any refund in respect of a Voucher accepted by you (as Groupon UK Credit or by funds refunded back via your original method of payment or otherwise):

a. you have 30 days from the date you receive the refund to reject the refund;
b. if you do not reject the refund during this time, the refund is always in full and final settlement of any and all claims you may have against Groupon UK related to or arising out of or connected to that Voucher;
c. Groupon UK is NEVER responsible in respect of, or to provide, goods and services related to a Voucher or for Groupon Shop Goods (including Merchant Products/Services or Groupon Shop Goods) or otherwise. Please see Clauses 3.1 and 3.6 of these Terms of Sale which goes into more detail about this. For the avoidance of doubt, Groupon UK is not a Merchant and is never responsible for the supply of Merchant Products/Services or Groupon Shop Goods.


5. STANDARDS OF SERVICE AND LIMITATION OF OUR LIABILITY TO YOU:

5.1. The standards we operate under: Groupon UK always tries its best at what it does! To give some legal backing to this, we warrant that:

5.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;

5.1.2. we have the right to sell Vouchers;

5.1.3. Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissions (and see Clause 4.4.2 of these Terms of Sale about this); and

5.1.4. we will not contravene the requirements of fairness or professional diligence in what we do.

5.2 Clause 5 rules the roost: If there is a conflict between what we say in different parts of these Terms of Sale, this Clause 5 (and Clause 1.7 of these Terms of Sale) takes precedence over all other Clauses and sets out our entire Liability, and your sole and exclusive remedies in respect of:

5.2.1. the performance, non-performance, purported performance or delay in performance of these Terms of Sale or any Purchase (or any part of it or them); or

5.2.2. otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale.

5.3. What we are always responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud or what we say in Clause1.7 of these Terms of Sale). By this we mean that we are always liable for death and personal injury caused by our negligence, fraud, fraudulent misrepresentation and any other non-excludable legal rights you have as a consumer.

5.4. What we are never responsible for: We do not warrant and we exclude all Liability in respect of Merchant Products/Services and Groupon Shop Goods, for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which a Voucher is or may be redeemed (whether redeemed with a Merchant or Groupon Shop). We are responsible however for what we say in the Groupon UK Promise.

5.5. What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of these Terms of Sale) but for nothing else (such as suing for a tort).

5.6 Categories of loss that we are not responsible for: Please note that apart from what we set out in Clause 5.3 of these Terms of Sale and what we say in the Groupon UK Promise, we shall have no Liability for:

5.6.1 loss of revenue;

5.6.2 loss of actual or anticipated profits;

5.6.3 loss of contracts;

5.6.4 loss of the use of money;

5.6.5 loss of anticipated savings;

5.6.6 loss of business;

5.6.7 loss of opportunity;

5.6.8 loss of goodwill;

5.6.9 loss of reputation;

5.6.10 loss of, damage to or corruption of data; and

5.6.11 indirect or consequential loss.

The law on interpretation of limitations and exclusions of liability is extremely complicated – and, to be frank, a bit bananas!  So to make sure this clause means what we think it means, please therefore note that apart from what we set out in Clause 5.3 of these Terms of Sale and what we say in the Groupon UK Promise (for which we are always responsible legally) we understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise" – but we will always be responsible to you as we set out in the Groupon UK Promise as some situations where the Groupon UK Promise applies are foreseeable issues! And we operate the Groupon UK Promise as we set out in Clause 4 of these Terms of Sale.

5.7 Limits of our liability: Apart from what we set out in Clause 5.3 of these Terms of Sale (for which we have unlimited liability) and apart from what we say in Clause 5.6 of these Terms of Sale (where we set out when we are never responsible and never have Liability), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:

5.7.1 in respect of any Voucher, 110% of the price paid for that Voucher; and

5.7.2 in respect of any other loss £50.

5.8 Invalid or unenforceable parts of these Terms of Sale: The limitation of Liability under Clause 5.7 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of these Terms of Sale.

6. INDEMNITY
6.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:

6.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:

a) your use of a Voucher; or

b) any breach of these Terms of Sale by you.

 

7. GENERAL

7.1 Interpretation: In these Terms of Sale:

7.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

7.1.2 clause headings such as ("7. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 7.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and

7.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

7.2 No partnership/agency: Nothing in these Terms of Sale 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.

7.3 No other terms: Except as expressly stated in these Terms of Sale, 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.

7.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Sale (except with our permission, which includes giving a Voucher as a gift). We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

7.5 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

7.6 Entire agreement: These Terms of Sale (and the Terms of Use and Privacy Policy) 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 these Terms of Sale except as expressly stated in these Terms of Sale. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Sale (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.

7.7 No waiver: No waiver by us of any default of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future defaults, whether of 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 these Terms of Sale.

7.8 Notices: Unless otherwise stated within these Terms of Sale, 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) or by pre-paid post. Any notice we send to you will be at the address you supplied to us when you registered for your Groupon UK account. You can send any notice to us at our registered office address (which we set out for you in Clause 8.

7.9 Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Groupon UK, its subsidiaries, any holding companies of Groupon UK, companies part of the Groupon Group, 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 these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. This means that unless the first sentence above applies to a given situation, you and us are the only people who can enforce these Terms of Sale.

7.10 Survival: In any event, the provisions of Clauses 3, 5, 6, 7, and 9 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Sale. In the event you Purchase a Voucher again, then the provisions of the terms of sale that then apply will govern your Purchase..

7.11 Severability: If any provision of these Terms of Sale 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 these Terms of Sale shall not be affected.

7.12 Governing law: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales the laws of England shall apply; if you live in Scotland then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.

 

8. MISCELLANEOUS

8.1. The seller of the Voucher is MyCityDeal Ltd, a company registered in England and Wales whose registered office is at Seal House, 1 Swan Lane, London EC4R 3TN, England. If you have any queries please contact Customer Services at support@groupon.co.uk or on +44 20 3510 0410.

 

9. DEFINITIONS

9.1 In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

9.1.1"Groupon UK Credit" means a pound-denominated amount of money that can be credited to a users Groupon UK account and which can only be used to Purchase a Voucher from Groupon UK.

9.1.2"Groupon UK Promise" means the Groupon UK safety "guarantee" given for any Purchase. It is set out in Clause 4.1 of these Terms of Sale.

9.1.3"Groupon Shop Goods" means the products, goods, items, etc. that are sold by Groupon Shop (which is NOT Groupon UK - it is a different company!) and for which a Voucher can be redeemed in accordance with the terms of these Terms of Sale.

9.1.4 "Liability" means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale) - and for the purposes of this definition, all references to "Terms of Sale" shall be deemed to include any collateral contract.

9.1.5 "Merchant" means a third party seller of the Merchant Products/Services described on a Voucher for which a Voucher can be redeemed. A Merchant is NOT Groupon UK.

9.1.6 "Merchant Products/Services"means goods and/or services offered by a particular Merchant which are described as part of a Voucher (and for which a Voucher can be redeemed).

9.1.7 "Microsite" means an auxiliary website operated by Groupon UK which is supplementary to our main website at groupon.co.uk.

9.1.8 "Purchase" means the purchase of a Voucher.

9.1.9 "Voucher" means a voucher which can be exchanged for Merchant Products/Services from a relevant Merchant or for Groupon Shop Goods from Groupon Shop; in all cases subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Website from which the Voucher was Purchased, as well as the Merchant’s or Groupon Shop’s own terms and conditions.

9.1.10 "Website" means the groupon.co.uk website and any Microsite.

 

 

**************************************************************************************************************************

III. GROUPON INTERNATIONAL TRAVEL RESERVATION TERMS OF SALE

 

This document sets out the reservation terms and conditions of sale for the use of the Services of Groupon International Travel GmbH (the "Terms of Sale"). It is not possible to use the Services (including making a Reservation or a Purchase) without agreeing to these Terms of Sale. Please note that these Terms of Sale do NOT apply to the purchase of a voucher with Groupon UK, as such purchases have their own applicable terms of sale.

1. BASIC INFORMATION ABOUT THESE TERMS OF SALE

1.1. Groupon International Travel GmbH: Groupon International Travel GmbH is a company registered in Switzerland under number CH-290.4.017.693-2 with registered office at Freier Platz 10, 8200 Schaffhausen, Switzerland (whom we refer to as "Groupon Travel", "us", "we" or "our"). Our VAT number is CHE-182.898.064 MWST.

1.2. Groupon Travel and Suppliers: For any Reservation and any subsequent Purchase we act as an agent for the Supplier. The Accommodation featured on the Groupon UK Site does not constitute an offer by Groupon Travel to sell any such Accommodation, but represents an invitation to you to make an offer to our Suppliers. We are free to accept that offer on behalf of those Suppliers or to reject it. This means that the contract for the Accommodation is between you and the Supplier and it is the Supplier (or where relevant, the Supplier’s principal) who is legally responsible for providing your Accommodation to you. As an agent, we are never legally responsible for the supply of your Accommodation. We say more about this below.

1.3. What are these Terms of Sale?: Please read these Terms of Sale carefully as they will apply to your use of the Services, any Reservations, any Purchase and any Accommodation (or otherwise).We will not allow you to make any Reservation or Purchase unless you have confirmed that you have read and accepted these Terms of Sale. Suppliers will have their own applicable terms and conditions that will apply to your Reservation and any subsequent Purchase. These Terms of Sale are subject to any relevant Suppliers terms and conditions and you agree to abide by those terms and conditions when making a Reservation and any subsequent Purchase. In the event there is a conflict between these Terms of Sale and any Supplier terms and conditions, the Suppliers Terms of Sale shall take precedence and prevail over these Terms of Sale to the extent of any conflict.

1.4. The Groupon UK Site: Groupon UK is the operator and owner of the Groupon UK Site. When you interact with the Groupon UK Site in anyway, such as creating an account, contacting customer services or whatever, you agree to the Groupon UK Site’s Terms of Use, Privacy Policy and Cookies Policy. These are contracts between Groupon UK and you. Groupon Travel is NOT a party to these contracts and they have nothing to do with Groupon Travel. However, if you purchase Accommodation from Groupon Travel, then these Terms of Sale will apply. Please note that in addition to providing the services in and around the Groupon UK Site, Groupon UK also sells vouchers. If you purchase a voucher from Groupon UK then that purchase is on the terms set out in the Groupon UK voucher Terms of Sale which Groupon Travel is also not a party to.

1.5. These Terms of Sale: These Terms of Sale apply to your use our Services (including any Reservations or Purchases). When we send you an email confirming your Reservation a contract is formed between you and us which is governed by these Terms of Sale.

1.6. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights. Advice about your legal rights is available at your local Citizens Advice Bureau or Trading Standards office.

1.7. Updates to these Terms of Sale: These Terms of Sale were most recently updated on 8 July 2013 (version 1c). We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have received your Reservation confirmation email will not apply to you in respect of that Reservation and any subsequent Purchase relating to such Reservation.

1.8. Definitions: In these Terms of Sale, various defined terms will be used. You will know they are defined because they begin with a capital letter. Defined terms are defined throughout these Terms of Sale and in Clause 12 of these Terms of Sale.

2. YOUR OBLIGATIONS UNDER THIS AGREEMENT

2.1. Minimum age: Only individuals who are at least 18 years of age or older may Reserve or Purchase. By making a Reservation or Purchasing you confirm that you are at least 18 years of age or older.

2.2. Accurate information and disclosures: You understand and agree that Groupon Travel and any Supplier reserves the right to cancel your Purchase at any time for any failure by you to disclose any and all relevant information, whether about yourself or other individuals for whom you Reserve, as required under these Terms of Sale. You warrant that:

2.2.1. all information provided by you to us arising out of or in connection with these Terms of Sale is true, complete and accurate;

2.2.2. you will promptly inform us of any changes in respect of the accuracy of the information you have provided to us;

2.2.3. you recognise and agree that it is your responsibility to disclose facts about yourself and individuals for whom you Reserve that may affect your (or their) ability to travel, such as any criminal offences and previous deportations from the destination(s) that you are travelling to;

2.2.4. if you or any individual for whom you Reserve wishes to travel to a jurisdiction (including the USA) that requires declaration of criminal records and you or any individual for whom you Reserve has any criminal records, including driving offences, that you will declare such records at the time of Reservation; and

2.2.5. you are aware of all rules regarding the entrance to a territory or country to which you are travelling (as well as those on whose behalf you Reserved), including any passport restrictions and requirements (such as blank passport pages or passport validity); you do not have a criminal record that would prevent you from travelling to that territory or country; and you meet the appropriate visa, vaccination, administrative and sanitation requirements. Groupon Travel shall not be responsible if you are denied entrance to the territory or country of your Accommodation for failing to disclose any of the above. Further, should you be so denied, you are not entitled to a refund in any amount.

2.3. Reserving for others: If you Reserve for individuals other than yourself, you represent that you are authorised to make such a Reservation on behalf of such individuals and that all individuals in the Reservation (and their personal representatives) have agreed to be bound by this Agreement.

2.4. Behaviour: You undertake not to behave in a way that may cause distress, annoyance or may create the risk of danger to other individuals and/or damage to property during your use of the Accommodation. If at any time from departure until your return you (or any individual for whom you Reserve) are arrested or prevented from travelling at the discretion of a Supplier, or if you are evicted from your Accommodation at the discretion of a Supplier, we will not refund, on behalf of the Supplier, any portion of the purchase price of your Accommodation that you are unable to use as a result of your behaviour (or the behaviour of any individual for whom you Reserve). You agree to pay us for any losses, liabilities, damages or costs incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from or in connection with your behaviour (or the behaviour of any individual for whom you Reserve) under this Agreement.

2.5. Fraud: If either we or a Supplier are notified or become aware of any suspected or actual fraud or illegal activity associated with any payments made in respect of a Reservation or a Purchase, we reserve the right within our sole discretion to cancel your Reservation or Purchase with immediate effect and without any compensation owed to you. Such right to cancel shall apply in addition to any other rights we may have against you.

3. RESERVING ACCOMMODATION

3.1. Making a Reservation: Subject to availability, you can make a Reservation online, through the Groupon UK Site. To Reserve you must select the Accommodation you would like to purchase, select your room type and travel dates, click "Book!", enter your email address and other personal information that we need so that you may login to your account or create an account, agree to these Reservation Terms of Sale and click "Complete Order". Upon successful completion of these steps you will see a page on the Groupon UK Site acknowledging our receipt of your Reservation.


3.2. Accepting your Reservation:
We reserve the right to determine, within our sole discretion, whether to accept your Reservation. Your Reservation is not accepted by us until (and unless) you are informed that your Reservation has been accepted. If we reject your Reservation we will let you know and no payment will be taken from you. If we accept your Reservation, we will send you a Reservation confirmation email confirming your Accommodation. It is at this point - our sending of the Reservation confirmation email - that we accept your Reservation and a contract between you and us is formed. We will take payment shortly thereafter.

3.3. Checking your Reservation confirmation: It is important that you check the details on the Reservation confirmation email when you receive it. In the event of any discrepancy between your Reservation and the Reservation confirmation email, or if you do not receive the Reservation confirmation email within 24 hours of making the Reservation, please contact us immediately on 0203 510 0444or by email at support@groupon.co.uk.

3.4. Your contract for the supply of Accommodation: Please note that it is the Supplier who is legally responsible for supplying you the Accommodation (though we remain responsible for what we set out in these Terms of Sale). As an agent, we are not legally responsible for the provision of your Accommodation, which will be supplied by the Supplier to you, under a contract between you and the Supplier. You agree and understand that by Reserving, the actual supply of your Accommodation (which is not what these Terms of Sale are about) will be under the terms and conditions of a Supplier.

4. PRICING

4.1. Whom you pay: All payments made by you for Accommodation will be taken by us, on behalf of Supplier, shortly after we confirm acceptance of your Reservation by sending you your Reservation confirmation email (as set out above).

4.2. Final price: We reserve the right to alter the prices of any Accommodation prior to Reservation. You will be advised of the current price of any Accommodation before you Reserve. This price may be different to the price originally represented to you on the Groupon UK Site.

4.3. Pricing errors: In certain instances we may make a mistake and there may be errors in pricing when you Reserve. If we have made an error (whether it is human, technical or otherwise), we reserve the right to offer you the option of re-making a Reservation at the correct price or refunding you in full.

4.4. Taxes: In certain countries there may be taxes, levies, imposts, duties, fees, assessments, or other charges (collectively, "Taxes") levied by local authorities. Applicable Taxes for your Reservation will be set out to you prior to Reservation, including in the fine print or elsewhere on the Groupon UK site. Please note that you shall be solely and exclusively liable and responsible for paying all such Taxes.

4.5. Added Extras: You are advised that during and throughout your use of the Accommodation added extras may be available for you to purchase. Such added extras include meals at your hotel, internet at your hotel, etc. ("Added Extras"). To the extent you did not purchase such Added Extras from us, any Added Extras will be your sole financial liability and the responsibility for the provision of these Added Extras is the supplier of such Added Extras (including any Supplier) and Groupon Travel shall have no liability or responsibility in the provision, fulfilment, enjoyment, supply or otherwise of any such Added Extras.

4.6. Post-Reservation price revision for Accommodation: Without limiting Clause 5, Groupon Travel will not change the price of your Accommodation after we have sent you a Reservation confirmation email.

4.7. Refunds: In the event we give you a refund (in whole or in part), you will be refunded via your original method of payment. Where you are given a refund, you have 30 days from the date you receive the refund to reject it. If you do not reject the refund during this time, the refund is always in full and final settlement of any and all claims you may have against us related to, arising out of, or connected with, the Services, the Reservation or Purchase in respect of which you were refunded.

5. CHANGES AND CANCELLATIONS

5.1. If you change your details:

5.1.1. Please note that Groupon Travel may not be able to change the name of individuals on your Reservation. Whether we agree to such a name change is solely within our discretion. If we cannot change a name on your Reservation then you may need to cancel and re-Reserve (and incur any associated costs in respect of such cancellation). If you would like to change a name, you may contact us at support@groupon.co.uk or 0203 510 0444 and we will let you know if such a change is possible.

5.1.2. Any change of details other than a name change is not possible. However, you may always cancel your Purchase and Reserve again, subject to availability (but please see what we say about such cancellations in Clause 5.2 below).

5.2. If you cancel your Accommodation: Please note that any Purchase is cancellable, free of charge, until the cancellation date. You will see the cancellation date as part of the general restrictions of the Accommodation. The cancellation date will also be available in your Reservation confirmation email. Once the cancellation date has passed, your Purchase is non-refundable and non-cancellable. Please review the terms of the particular Accommodation you want to Reserve in respect of its cancellation date, as the cancellation date varies from Accommodation to Accommodation. If the reason for cancellation is covered under the terms of an insurance policy you have taken out in respect of your Purchase, you may be able to reclaim any charges we may charge you for your cancellation under that insurance policy. If you would like to discuss cancellation, contact us by email at support@groupon.co.uk, or by phone on 0203 510 0444.

5.3. If a Supplier changes your Accommodation: Occasionally, a Supplier may have to make a change to your Purchase. We will advise you of all such changes as soon as reasonably possible by issuing you an updated Reservation confirmation setting out the details of your updated Purchase and Accommodation. We take no responsibility or liability for any such change as we are not the Supplier.

5.4. If a Supplier cancels your Accommodation: We reserve the right to cancel your Purchase for any reason and without any compensation being owed if the cancellation is due to reasons of Force Majeure or failure by you to pay the full cost of your Accommodation or otherwise in accordance with the terms of this Agreement.

6. STANDARDS OF CARE

6.1. We warrant that we:

6.1.1. will exercise reasonable skill and care in the performance of our obligations under these Terms and Condition;

6.1.2. are authorised to make available the Services offered through authorised websites; and

6.1.3. will not contravene the requirements of professional diligence in what we do.

7. LIMITATION OF LIABILITY

7.1. Limitation of liability: This Clause 7 takes precedence over all other Clauses in these Terms of Sale (except for Clause 1.6, to which it is subject) and sets out the entire liability of Groupon Travel in respect of any cause of action that arises under or in connection with these Terms of Sale, including the performance, non-performance, purported performance or delay in performance of our obligations under these Terms of Sale or the Service or any supply of Accommodation (or any part of it or them).

7.2. Where we are liable: Nothing in these Terms of Sale shall exclude or limit our liability for any liability for (i) death or personal injury; (ii) any breach of the obligations implied by Section 2 of the Supply of Goods and Services Act 1982; (iii) fraud; (iv) fraudulent misrepresentation; or (v) any liability which cannot be excluded or limited by applicable law.

7.3. No liability for Suppliers where we act as agent: Where we act as an agent for Suppliers, our responsibility to you is to select Suppliers with reasonable skill and care. To the extent (i) we have acted with reasonable skill and care in selecting the Supplier(s) and (ii) permitted by applicable law, we exclude all responsibility and/or liability for the provision of your Accommodation or any acts or omissions of the Supplier. This is because the legal contract and legal responsibility for the supply of your Accommodation is between you and the Supplier (and not Groupon Travel).

7.4. Where we are not liable: Except for what we have said in this Clause 7 and Clause 1.6, we will not be liable where any failure in our performance of our obligations under these Terms of Sale is:

7.4.1. attributable to you;

7.4.2. attributable to Supplier;

7.4.3. attributable to the failure of a third party unconnected with the provision of the Accommodation and where the failure is an event of Force Majeure; or

7.4.4. attributable to an event of Force Majeure that prevents us from performing out obligations under these Terms of Sale.

7.5. Limitation of liability in respect of our Services: We exclude and limit our liability for any liability in respect of any Services we provide which can be excluded at law and shall not be liable for:

7.5.1. loss of revenue;

7.5.2. loss of actual or anticipated profits;

7.5.3. loss of contracts;

7.5.4. loss of the use of money;

7.5.5. loss of anticipated savings;

7.5.6. loss of business;

7.5.7. loss of opportunity;

7.5.8. loss of goodwill;

7.5.9. loss of reputation;

7.5.10. loss of, damage to or corruption of data; and

7.5.11. indirect or consequential loss.

We understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise".

7.6. Total Limit: Where we are found to be liable, liability shall be limited to a maximum of three times the amount of your Purchase.

8. COMPLAINTS

8.1. If you have a problem with your Accommodation you should immediately bring it to the attention of the Supplier of your Accommodation (for example the resort representative, hotel manager, etc.). If your complaint is not resolved locally, you should contact us and let us know the problem on 0203 510 0444. We will use our reasonable endeavours to provide all such prompt assistance as is reasonable in the circumstances and within our ability to provide. If you cannot make a call, please email us at support@groupon.co.uk and provide us with a number and time at which we can call you in order to attempt to assist.

8.2. If your complaint remains unresolved after informing the Supplier and calling us (at the number we have provided above), a complaint should be made in writing within 28 days of your return home to: ATTN: Customer Services, Freier Platz 10, 8200 Shaffhausen, giving your reservation reference number and all other relevant information we may reasonably request in relation to your Accommodation so that we may identify you. This is the special address we use to deal with any travel complaints.

9. DATA PROTECTION

9.1. Privacy Practices: When you make a Reservation or Purchase an Accommodation through Groupon Travel you agree that we will collect, process and use information about you as described in our Privacy Statement. Our Services are made available through the Groupon UK Site and by making a Reservation you must agree to Groupon UK’s Terms of Use, Privacy Policy and Cookies Policy.

10. USEFUL INFORMATION

10.1. Passport requirements: A valid passport (valid for at least 6 months beyond the end of your holiday) is required for all Reservations and Purchases. Your specific passport and visa requirements and other immigration requirements are solely your responsibility. You should confirm these with the relevant embassies and/or consulates prior to travelling. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements or if you are not in possession of the relevant vaccination certificates. A valid ID card is sufficient for European Union citizens traveling in the European Union.

10.2. Health information: Depending on your Purchase, there may be compulsory health services applicable to your trip. We strongly advise you to seek advice and recommendations from a health professional at least eight weeks prior to travelling (whether that is your GP, a practice nurse, a pharmacist or travel health clinic). Additional information on travel health advice for English customers can be found on Fit for Travel and National Travel Health Network and Centre. Information on how to obtain medical treatment while abroad, as well as how to get reduced-cost and potentially free medical treatment while in Europe, can be found in the NHS leaflet NHS leaflet Health Advice for Travellers.

10.3. Foreign and Commonwealth Office advice: The Foreign and Commonwealth Office (FCO) provides travel advice about most destinations throughout the world. We encourage you to visit the FCO’s website in order to learn more about specific information relevant to your Purchase.

10.4. Travel insurance: It is important and highly recommended that you have travel insurance which covers you for the entire duration of (and all aspects relating to) your Accommodation. This is to ensure that you are financially protected in the event you need to cancel the holiday in certain circumstances. The amount of coverage you may need will depend upon your particular Accommodation.

10.5. Accommodation check-in and check-out: Accommodation check-in will depend on the Supplier of your Accommodation. While you must check with your particular Supplier prior to arrival for information on check-in and check-out times, as a general rule check-in will be 15:00 (local time) and check-out will be 11:00 (local time). Additionally, if you arrive late you should inform your Supplier to ensure any delay in checking in does not affect your rights. It is solely your responsibility to abide by your Supplier’s terms and conditions regarding check-in and check-out.

11. LEGAL INFORMATION

11.1. Interpretation: In these Terms of Sale:

11.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

11.1.2. clause headings (such as "11. LEGAL INFORMATION" at the start of this Clause) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale;

11.1.3. clause titles (such as "Interpretation:" at the start of this Clause 11.1) are intended to assist the interpretation of the clauses in which they appear; and

11.1.4. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

11.2. No waiver: If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing. Such a waiver means only that we have waived that particular default at that particular time only and shall in no other way release, discharge or otherwise affect your liability under these Terms of Sale.

11.3. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and may be delivered by hand, electronic mail (other than, if you are sending a notice to Groupon Travel for the purpose of legal process or to make a complaint in accordance with Clause 8.2) or sent by pre-paid post, to you at the address you supplied in your Reservation or to Groupon Travel at its registered office.

11.4. Survival: The provisions of Clauses 1, 2, 3, 4, 7, 9, 11 and 12, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive such expiry or termination of any contract entered into under these Terms of Sale.

11.5. Severability: If any provision of these Terms of Saleis held to be unlawful, invalid or unenforceable, such provision shall be deemed removed from these Terms of Salethe validity and enforceability of the remaining provisions of these Terms of Saleshall not be affected.

11.6. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and Groupon Travel 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.

11.7. No other terms: Except as expressly stated in these Terms of Sale, 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.

11.8. Assignment: An assignment is a transfer of your rights under these Terms of Sale (for example, a right to receive compensation where such a right exists). You may not assign, delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval, such approval not to be unreasonably withheld. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person, entity or company (such company being within the Groupon group of companies or such other company where the consumer’s rights under these Terms of Sale would not be prejudiced.

11.9. Entire Agreement: These Terms of Sale contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

11.10. Governing Law and Jurisdiction: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales the laws of England shall apply; if you live in Scotland then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.

12. DEFINITIONS

12.1. Accommodation means accommodation for persons in a building or other similar structure including hotels, apartments, time-shares, villas, condos and houses.

12.2. Force Majeure means an event that is beyond the reasonable control of Groupon Travel or a Supplier and could not have been avoided even if all due care had been exercised, including, an act of God, war, riot, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, fire, explosion, failure of public utilities or civil commotion, lightning, floods, hurricanes, earthquakes, wind storms, tornadoes, acts of terrorism or sabotage, restrictive governmental laws or regulations, fire strikes, lockouts, industrial dispute or other labour difficulty of any kind (other than strikes by Groupon Travel’s own staff), civil disorder, ionising radiation or contamination by radioactivity from any nuclear fuel or radioactivity, toxic, explosive or other hazardous properties of any nuclear assembly or nuclear component, epidemic and any other natural physical disaster or severe weather.

12.3. Groupon UK Site means any platform, including the website offered or operated by Groupon UK, affiliate website, business partner network, email, mobile applications, other types of electronic offerings or other platforms or distribution channels owned, controlled, or operated by Groupon UK or Groupon Travel, their affiliate or business partners.

12.4. Purchase means the purchase of Accommodation from Groupon Travel. This definition shall include "Purchased" and "Purchasing".

12.5. Reservation means the making of an offer to purchase an Accommodation (and this definition shall include "Reserve" and "Reserved").

12.6. Services means the services provided by Groupon Travel to customers under this Agreement, which include acting as an agent on behalf of Suppliers to make Accommodation available for Reservation.

12.7. Supplier means any supplier of any of the Accommodation offered for sale by Groupon Travel.

**************************************************************************************************************************

IV. Groupon Travel Voucher Terms of Sale

This page sets out the terms for the sale of Vouchers by Groupon Travel.

 

  1. 1.     SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF SALE

 1.1.     What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer") and us. You are agreeing to the terms of sale that appear below, all of which are called the “Terms of Sale”. We are Groupon International Travel GmbH (t/a Groupon Travel). We are a company registered in Switzerland with our registered office at Freier Platz 10, 8200 Schaffhausen, Switzerland. Our company registration number is CH-290.4.017.693-2 and our VAT number is CHE-180.110.104. We refer to ourselves as "Groupon Travel", "we", "us" or "our" in this document, and we refer to us and our affiliates, including Groupon UK, as the “Groupon Group”.

 1.2.     What we do: We are selling you the Vouchers. The primary Site on which we sell Vouchers is maintained by our UK affiliate MyCityDeal Limited (“Groupon UK”), who is also the entity sending you newsletters and other good stuff. For Groupon UK’s terms of use for the service they offer, take a look here.

 1.3.     Scope of Use: Our Vouchers are for your non-commercial, personal use only (although you may give any Voucher to someone else for their personal use). Our Vouchers must never be used for business purposes.

 1.4.     Changes to these Terms of Sale: These Terms of Sale were most recently updated on 15 May 2014 (version 1). All amendments to these Terms of Sale will be posted on-line. You will be bound only to the terms which you agree to when you purchase a Voucher and not any later terms of sale unless you expressly consent to such new terms.

 

 1.5.     Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights.

 

 1.6.     Definitions: In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of these Terms of Sale in Clause 9.

  

  1. 2.     PURCHASE OF VOUCHERS

 2.1.     An outline of how purchasing works legally: When you Purchase a Voucher, there are several contracts relevant to your Purchase. First, there are the Terms of Use of the Groupon UK Site. This contract governs your use of the Groupon UK services (which are set out in the Terms of Use, but include sending you administrative and marketing emails, etc.). Second, there is the Terms of Sale (this agreement!) which is your contract with Groupon Travel to Purchase a Voucher which can be redeemed for Merchant Services. Third, there is the contract between you and the Merchant who supplies the Merchant Services. This contract is formed between you and the Merchant when you apply to redeem your Voucher. Groupon Travel is not a party to this contract and it has nothing to do with us. Finally, there is the contract between Groupon Travel and the Merchant where the Merchant commits to Groupon Travel to supply you with the Merchant Services when you apply to redeem your Voucher with the Merchant.

 

 2.2.     The Purchase process: The procedure for purchasing a Voucher involves you confirming your acceptance of these Terms of Sale and our taking payment. The transaction to Purchase a Voucher is only complete (and a contract for Purchase is made) when we email you confirming the transaction (which is our acceptance of your offer to purchase a Voucher). We reserve the right to reject or cancel your transaction without reason until we accept your offer, and we reserve the right to reject or cancel your transaction after our acceptance in case of a material breach by you of these Terms of Sale. We keep a copy of the contract between us and we recommend that you print out these Terms of Sale for your own records.

 2.3.     Right to cancel: Once you receive the Voucher (or your Voucher is otherwise made available to you), you may cancel the transaction at any time within 7 working days from the day after the day that you receive it or can access the Voucher (whichever is earliest) – provided of course that you have not yet redeemed your Voucher. (For the purposes of these Terms of Sale, a working day is any day that is not a Saturday, Sunday or national public holiday.) If you do want to cancel, please contact us at www.groupon.co.uk/contact, telling us you are cancelling. You can also call +44 (0) 203 510 0444 or write us at our address listed above. Please see Clause 3 of these Terms of Sale below which goes into more detail about this.

2.4.     One redemption only: Once you have made a Purchase, the Voucher is redeemable from a Merchant for Merchant Services provided by that Merchant. You may not redeem (or try to redeem) your Voucher with the Merchant more than once. Any attempted redemption of a Voucher not consistent with these Terms of Sale may render a Voucher void at our, a Merchant’s discretion.

2.5.     These Terms of Sale apply: Please remember that by making a Purchase, you acknowledge that the Purchase is made subject to these Terms of Sale.

2.6.     RESPONSIBILITY

2.6.1. Please note that it is the Merchant, and not Groupon Travel, who is the seller of, and is solely responsible for providing you with, the Merchant Services.

2.6.2. Please note that it is the Merchant, and not Groupon Travel, who is the party who enters into a contract with the person redeeming the Voucher for the Merchant Services.

2.6.3. Please note that it is the Merchant, and not Groupon Travel, who is solely responsible for Merchant Services themselves.

2.6.4. Please note that it is the Merchant, and not Groupon Travel, who is solely responsible for redeeming any Voucher you Purchase.

 

2.7.     Restrictions:

 

2.7.1. 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. 

2.7.2. Vouchers redeemed with a Merchant are redeemable in their entirety only and may not be redeemed incrementally. Although it should never happen, if, for whatever reason, the Voucher is redeemed with a Merchant 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. 

2.8.     Combination: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.

2.9.     Subject to availability: Any Voucher that requires a booking in order to redeem is subject to the Merchant having availability for any particular time or date of your preference. Please note that Groupon deals are often very popular. This means that space may be limited if you attempt to book near the end of the Voucher validity period. If you wait until near the end of the Voucher validity period and there are no longer any available bookings (or you can no longer make the booking of your choice), Groupon Travel reserves the right to determine whether you are entitled to a refund and if so, whether that refund will be made in cash or Groupon Credit. So the moral of the story is this: book early!

2.10.   Lost/stolen Vouchers: Neither Groupon Travel nor the Merchant are responsible for lost or stolen Vouchers, Voucher security codes, Voucher reference numbers or any other information that may be provided to you for the purpose of using your Voucher and recognizing that the Voucher is “yours”.

2.11.   Expiry:  The validity period on the Voucher may be presented to you as a static date (e.g. Voucher expires on 21 July) or a generic time frame (e.g. Voucher valid for 3 months from the date of purchase). The validity period will be listed on the Groupon Travel advertisement as well as on your Voucher. This validity period will vary depending on the Voucher you have purchased but it will expire on the date or within the time period specified on the advertisement and Voucher.

2.12.   Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If VAT law changes we reserve the right to charge you the applicable VAT in addition to the price of the Voucher.

2.13.   Booking Fees: Please note that it is possible that we may accept booking fees or other costs associated with redeeming your Voucher on behalf of a Merchant (or a Merchant’s agents). Where we do accept such a booking fee or other cost, we do so as a fee collector and will always let you know in what capacity we are acting before you Purchase.

2.14.   Emails: As a condition of Purchase, Groupon UK will send you administrative emails, including information regarding your account activity and Purchases, as well as updates about any Vouchers you have purchased. You can opt-out of many of these administrative emails via the Groupon UK subscription centre which is associated with your Groupon account.

2.15.   Exceptions: In certain situations, we may sell something other than a Voucher. Where this happens, we will let you know all of the pertinent and legally relevant information relating to what we sell and what terms and conditions apply in respect of such sales. These Terms of Sale shall continue to apply to you where we sell something other than a Voucher as if we had sold you a Voucher, unless: (i) a term is expressly stated not to apply in the relevant advertisement or Voucher; or (ii) a term(s) which, by its nature, cannot reasonably be considered to apply in respect of your purchase.

  

  1. 3.     CANCELLATIONS, REFUNDS OR PROBLEMS

 

3.1.     If you change your mind about buying a Voucher: Even if nothing has gone wrong, you are entitled by law to cancel your Voucher for any reason, as long as you are within the first 7 working days from the day after the day that you receive or can access your Voucher (whichever is earlier) – and again, provided of course that you have not already redeemed your Voucher. Any refund within those time limits will be a refund of the purchase price of the Voucher (payable back via your original method of payment or as otherwise permitted or required by law). If you are outside of that time you are not entitled to receive any refund for the Voucher (though we always reserve the right to choose to provide you with a refund, should we so choose).

3.2.     If your Voucher has expired: Please see Clause 2.11 of these Terms of Sale about limited periods of validity of any Voucher. If your Voucher has expired you are not entitled to redeem your Voucher in exchange for the Merchant Services, nor are you entitled to your money back or any refund (unless we say otherwise in writing, but this is solely within our discretion). However, if you have been unable to redeem your Voucher within the period of validity through no fault of your own (e.g. the Merchant refused to take any booking at all within the validity period) it is possible you may be able to receive a refund (but this is again within our sole discretion). Any refund we may give depends on your ability to demonstrate to us to our reasonable satisfaction that your inability to redeem your Voucher was through no fault of your own. If you can establish this you may be able to receive a refund in Groupon Credit or a refund of the purchase price of the Voucher; however such a refund will depend on whether you were at fault and, subject to your compliance with the cancellation procedure set out in Clause 2.3, the decision to provide a refund to you is within our sole discretion. Nothing in this Clause 3.2 affects your legal rights.

3.3.     Unhappy? Not what you expected?: If you have a complaint and you contact customer services one of several things can happen:

3.3.1. We aren’t at fault: If we aren’t at fault, we will either ask you to contact the Merchant or try and contact the Merchant ourselves to resolve the issue. Please note that (as we set out in Clause 2.6 of these Terms of Sale), the Merchant (and NOT Groupon Travel, Groupon UK or any other company in the Groupon Group) is responsible to provide Merchant Services in respect of a Voucher. If the Merchant honours the Voucher properly, then all well and good. If the Merchant does not honour the Voucher properly, legally you must take action against the Merchant. We always reserve the right to decide to give you a refund in cash or ask Groupon UK to give you a refund in Groupon Credit – but again, this is within our sole discretion.

3.3.2. If the description on the Groupon UK Site and/or the Voucher is incorrect: On rare occasions, we can make mistakes. Although we pride ourselves on our professionalism and responsibility, we are staffed by human beings! You will see that throughout these Terms of Sale we exclude legal Liability for errors and omissions in several places (see for example Clause 4 of these Terms of Sale). If we notice an error, you may be contacted about amending or cancelling a Voucher, but you retain your cancellation rights in any event if the description on the Groupon UK Site and/or the Voucher is incorrect for some reason and you want to return your Voucher for that reason.

3.4.     Your bank account details: Please note that any refund you receive that is not Groupon Credit will be refunded back to you via your original method of payment. If your original method of payment has been cancelled or expired and you have not informed Groupon UK of your updated account details then it is possible you will need to coordinate with your bank or your payment services provider to obtain your refund if we remit your refund to a cancelled or expired method of payment (and this refund is nevertheless processed).

3.5.     Status of refunds: The following is always true about any refund in respect of a Voucher accepted by you (as Groupon Credit or by funds):

3.5.1. You have 30 days from the date you receive the refund to reject the refund;

3.5.2. If you do not reject the refund during this time, the refund is always in full and final settlement of any and all claims you may have against the Groupon Group related to, arising out of or connected with that Voucher or anything on the Groupon UK Site; 

3.5.3. Groupon Travel and Groupon UK are NEVER responsible in respect of, or to provide, Merchant Services related to a Voucher or as described on the Groupon UK Site or otherwise. Please see Clause 2.6 of these Terms of Sale which goes into more detail about this.

 

 

  1. 4.     STANDARDS AND GROUPON’S LIMITATION OF ITS LIABILITY

 

4.1.     The standards we operate under: Groupon Travel always tries its best at what it does and promises that: 

4.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;

4.1.2. we have the right to sell Vouchers; 

4.1.3. Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissions; and

4.1.4. we will not contravene the requirements of professional diligence in what we do.

4.2.     Clause 4 is important!: This Clause 4 takes precedence over all other Clauses and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of these Terms of Sale; or otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale.

4.3.     What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by Groupon Travel, excluding serious misconduct not conducted by Groupon Travel itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.

 

4.4.     Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only sell Vouchers for domestic and private use, we are not liable for:

4.4.1. loss of income or revenue;

4.4.2. loss of actual or anticipated profits;

4.4.3. loss of business; or 

4.4.4. any loss or damage which was not a reasonably foreseeable result of our breach of these Terms of Sale. Loss or damage is "reasonably foreseeable" if prior to your completing a Purchase such loss was either (i) contemplated by you and by us, or (ii) you notified us that the loss may occur if we breached these Terms of Sale.
 

  1. 5.     YOUR OBLIGATIONS

 

5.1.     Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their Merchant Services. You shall ensure that anyone redeeming a Voucher with a Merchant  abides by those terms and conditions. The responsibility to do so is yours alone! However, when Merchants are “checked out”, before selling Vouchers which relate to that Merchant Services, any restrictions applicable to the Voucher and those Merchant Services shall be listed clearly on Groupon UK’s Site before any Purchase of that Voucher.

 

5.2.     Accurate information: You are responsible for making sure that all information provided by you to make a Purchase is true, complete and accurate.

 

5.3.     Vouchers meeting your requirements: It is your responsibility to ensure that any Voucher and/or Merchant Services meet your specific requirements.

 

5.4.     Forbidden uses: The following uses of a Voucher are expressly prohibited and you must not do (or permit anyone else to do) any of the following:

5.4.1. resell the Voucher;

5.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; or

5.4.3. engage in any unlawful activity in connection with the use of a Voucher.

 

  1. 6.     YOUR LIABILITY TO US

 

6.1.     You will be responsible for and must pay all costs or expenses incurred by us in connection with any claims or legal proceedings which are brought or threatened against us by any third party arising from any breach of these Terms of Sale by you.

  

  1. 7.     DATA PROTECTION

 

7.1.     Please see the Groupon UK Privacy Statement which sets out how Groupon UK will process your data. Please also see the Groupon Travel Privacy Statement which sets out how Groupon Travel processes some of the data you provided in respect of your Purchase.
 

  1. 8.     GENERAL

 

8.1.     Interpretation: In these Terms of Sale:

8.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

8.1.2. Clause headings such as ("8. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 8.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and 

8.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

8.2.     No partnership/agency: Nothing in these Terms of Sale 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.

8.3.     No other terms: Except as expressly stated in these Terms of Sale, 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.

8.4.     Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale. We shall have the right to assign, delegate or otherwise transfer all or any of our rights or obligations under these Terms of Sale to any person. Your rights under these Terms of Sale will remain materially unaffected by any such transfer.

8.5.     Events beyond our reasonable control: We shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

8.6.     No waiver: No waiver by us of any default of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future defaults, whether of 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 these Terms of Sale.

8.7.     Notices: Unless otherwise stated within these Terms of Sale, 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 our registered office.

8.8.     No third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Groupon Travel, its subsidiaries, any holding companies of Groupon Travel, companies part of the Groupon Group, 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 against you (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

8.9.     Survival: In any event, the provisions of Clauses 2, 3, 4, 7, 8 and 9 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Sale. In the event you use the Service again, then the provisions of the terms of sale that then apply will govern your re-use of the Service. In the event you use Vouchers bought under these Terms of Sale, then those provisions applicable to Vouchers will survive termination of these Terms of Sale.

8.10.   Severability: If any provision of these Terms of Sale 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.

8.11.   Governing law: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have non-exclusive jurisdiction for your legal claim. However, if you live in Scotland you may also bring proceedings in Scotland, and if you live in Northern Ireland, you may also bring proceedings in Northern Ireland. If you live in England and Wales the laws of England shall apply; if you live in Scotland then Scottish law shall apply; if you live in Northern Ireland then Northern Irish law shall apply. The previous sentence also applies to all non-contractual relationships between you and us.

  

  1. 9.     DEFINITIONS

9.1.     In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. For those terms which are not defined elsewhere in these Terms of Sale, this is what they mean:

Groupon Credit” means a pound-denominated amount of money that can be credited to a user’s Groupon account and which can only be used to purchase eligible items from the Groupon IUK Site.

 “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale) - and for the purposes of this definition, all references to these "Terms of Sale" shall be deemed to include any collateral contract.

Merchant” means a third party seller of services for which a Voucher can be redeemed. A Merchant is NOT Groupon Travel.

Groupon UK Site” means the websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites that link to or reference these terms of sale.

Purchase” means the purchase of a Voucher.

Service” means all or any of the services provided by Groupon Travel including the sale of Vouchers.

Voucher” means a voucher which can be exchanged for Merchant Services from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Groupon UK Site from which the Voucher was Purchased.

Merchant Services” means services offered by a particular Merchant which are described on part of a Voucher (and for which a Voucher can be redeemed).




 

**************************************************************************************************************************

V. GROUPON GOODS GLOBAL GmbH TERMS OF SALE

This page sets out the terms for the sale of Goods by Groupon Goods to you.

1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS

1.1.   The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and Groupon Goods Global GmbH (referred to herein as "Groupon Goods", "we", "us" or "our"). We are a company registered in Switzerland (company registration number CHE-497.202.638 MWST) with our registered office at Freier Platz 10, 8200 Schaffhausen, Switzerland.

1.2.   The Groupon UK Site: Groupon UK is the operator and owner of the Groupon UK Site (as that term is defined in the Groupon UK Terms of Use). When you interact with the Groupon UK Site in any way, such as creating an account or contacting customer service, you agree to the Groupon UK Site’s Terms of Use, Privacy Policy and Cookies Policy. These are contracts between Groupon UK and you. Groupon Goods is not a party to these contracts and they have nothing to do with Groupon Goods. However, if you purchase Goods from Groupon Goods, then these Terms of Sale will apply. Please note that in addition to providing the services in and around the Groupon UK Site, Groupon UK also sells vouchers. If you purchase a voucher from Groupon UK, then that purchase is on the terms set out in the Groupon UK voucher Terms of Sale which Groupon Goods is also not a party to.

1.3.   These Terms of Sale apply: By placing an order with Groupon Goods you agree to be bound by these Terms of Sale and the Groupon Goods Return Policy.

1.4.   Your offer: Your click of the “Submit order” button is an offer to buy the products sold by Groupon Goods (the “Goods”). Your offer is not accepted, and our contract with you is not complete, until we email you confirming your order. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of limited availability of the Goods. 

1.5.   A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.

1.6.   Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights related to faulty or misdescribed goods or your ability to cancel the contract.

1.7.   Updates to these Terms of Sale: These Terms of Sale were most recently updated on 4 December 2013 (version 1.1). We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.

2. PRICING AND PURCHASE

2.1.   Pricing and whom you pay: The Goods are sold by Groupon Goods. Groupon Goods will take and process your payment for your order. All prices (including delivery charges) on the website for Goods are inclusive of legally applicable VAT. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.

2.2.   Delivery charges: The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.

2.3.   Placing your order: After you place an order by clicking the “Submit order” button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order.  You will receive another email confirming dispatch of the Goods.

2.4.   Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them.  We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).

2.5.   Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:

2.5.1.  If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or

2.5.2.  If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.

3. CHANGES TO ORDER

3.1.   Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.

4. DELIVERY OF GOODS

4.1.   Shipping in the UK: Groupon Goods shipping options and fees will be set forth in the Fine Print and will vary by offer.  Your purchase is not eligible for shipment outside the United Kingdom. Additionally, shipment may be limited to specific geographic locations within the United Kingdom. For example, we may not be able to deliver certain Goods to: the Bailiwick of Guernsey (GY); Jersey (JE); Isle of Man (IM); Outer Hebrides (HS); Kirkwall (KW); Truro (TR1-20); and Lerwick (ZE). 

4.2.   Delivery estimates: Delivery estimates are provided in the Fine Print of the offer.  We will do all that we can to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

4.3   Title: Legal title to the Goods will transfer to you (i.e. the Goods will become your personal property) when the Goods are delivered to the delivery address you provided to us.

5. OUR CANCELLATION RIGHTS

5.1.   We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.

6. YOUR RIGHT OF CANCELLATION

6.1.   Your cancellation rights: Nothing in these Terms of Sale affects your legal rights to cancel orders within 7 working days (a working day means any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when the clearing banks are not physically open for business in the City of London) from the day after the day that you receive the Goods. To cancel, you must contact us via http://www.groupon.co.uk/customer_support, by post at the address in Clause 11 or through hand-delivered notice within 7 working days from the day after the day you receive the Goods notifying us of your cancellation. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged in transit. You will be responsible for the cost of returning Goods to us. 

6.2.   The following Goods are excluded from this legal right to cancel:

(a)   perishable Goods such as food or flowers;

(b)   audio/video recordings, DVDs or computer software that you have taken out of the sealed packaging in which they were delivered to you;

(c)   Goods made to your own specifications;

(d)   periodicals or magazines; and

(e)   any other Goods that by reason of their nature cannot be returned.

7. RETURNS AND REFUNDS

7.1.   Our Return Policy: Every item Groupon Goods sells is backed by our Return Policy, which describes our returns processes and policies. In addition to your right to return Goods as described in the Return Policy, you also retain all applicable legal rights to return new or refurbished Goods, including where goods supplied to you are incorrect or faulty. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

7.2.   Title to returned Goods: Groupon Goods takes legal title to the returned Goods only after the Goods arrive at our returns destination.  Groupon Goods reserves the right to issue a refund without requiring a return. In this situation, Groupon Goods does not take title to the returned Goods.

7.3.   Problems with your returned Goods: We reserve the right to refuse to issue a refund and to recover the cost of the delivery of your return from you in the event that the Goods are found to have suffered damage after delivery to you; the Goods have been misused or used other than in accordance with the instructions; or if the problem with the Goods is due to normal wear and tear. This Clause 7.3 does not limit or affect your right to cancel your contract and return goods under Clause 6.

8. GOODS INFORMATION

8.1.   We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the website.   While we work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for purpose, the Goods sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use.

8.2.   Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.

8.3.   Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.

9. LIABILITY

9.1.   The standards we operate under: Groupon Goods always tries its best at what it does and promises that:

9.1.1.  we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;

9.1.2.  we have the right to sell Goods;

9.1.3.  we only sell the Goods for domestic and private use;

9.1.4.  Goods are of satisfactory quality and fit for their purpose, and

9.1.5.  we will not contravene the requirements of professional diligence in what we do.

9.2.   This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:

9.2.1.  the performance, non-performance, purported performance or delay in performance of these Terms of Sale; or

9.2.2.  otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale. 

9.3.    What we are always responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) death or personal injury caused by our negligence; (ii) 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; (iii) fraud; (iv) fraudulent misrepresentation; or (v) any Liability which cannot be excluded or limited by applicable law.

9.4.   Categories of loss that we are not responsible for: Please note that apart from what we set out in Clause 9.3, we shall have no liability for:

9.4.1.  loss of revenue;

9.4.2.  loss of actual or anticipated profits;

9.4.3.  loss of contracts;

9.4.4.  loss of the use of money;

9.4.5.  loss of anticipated savings;

9.4.6.  loss of business;

9.4.7.  loss of opportunity;

9.4.8.  loss of goodwill;

9.4.9.  loss of reputation;

9.4.10.    loss of, damage to or corruption of data; and

9.4.11.    indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

9.5.   Limits of our Liability: Apart from what we set out in Clause 9.3 of these Terms of Sale (for which we have unlimited liability) and apart from what we say in Clause 9.4 of these Terms of Sale (where we set out when we are never responsible), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:

9.5.1.  in respect of any Goods, 110% of the price paid for such Goods; and

9.5.2.  in respect of any other loss, £50. 

9.6.   “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).

10. GENERAL

10.1. Interpretation: In these Terms of Sale:

10.1.1. words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

10.1.2. Clause headings such as ("10. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 10.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and

10.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

10.2. No partnership/agency: Nothing in these Terms of Sale 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.

10.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason.  We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

10.4. Events beyond our reasonable control: 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. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.

10.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.

10.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.

10.7. Notices: Unless otherwise stated within these Terms of Sale, 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) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

10.8. No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Groupon Goods, its subsidiaries, any holding companies of Groupon Goods, 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 these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

10.9. Survival: In any event, the provisions of Clauses 1, 2, 6, 7, 8, 9, 10 and 11 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.

10.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale.  Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.

10.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us. The parties also agree that the United Nations Convention for the International Sale of Goods does not apply to this transaction.

11. CONTACT DETAILS / CUSTOMER SUPPORT

Groupon Goods Global GmbH, a company registered in Switzerland

Freier Platz 10, 8200 Schaffhausen, Switzerland

Telephone: 02035100444

http://www.groupon.co.uk/customer_support

 

If you have any questions, comments or complaints please contact our customer support using the contact details specified above.