| Last Modified: 30/11/2011 |
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1. In General
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Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by LovingDeal (the "Linked Sites"). LovingDeal has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
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2. Privacy Policy
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Our privacy policy, which sets out how we will use your information, can be found at Private Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
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3. Prohibitions
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You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. LovingDeal will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
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4. Intellectual Property, Software and Content
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The intellectual property rights in all software and content made available to you on or through this Website remains the property of LovingDeal or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by LovingDeal and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by LovingDeal or its licensors. LovingDealTM is trade marks belonging to LovingDeal. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of LovingDeal.
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5. LovingDeal Services
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The LovingDeal website services as a marketplace where Sellers are able to offer for sale vouchers and Buyers are able to search for and purchase the Vouchers. LovingDeal does not issue the vouchers and is not in any manner affiliated with any of the issuing sites or Merchants. The issuing site and Merchants, and not LovingDeal, are responsible for fully honouring and performing all Vouchers, according to the terms of each Voucher. LovingDeal takes no responsibility for any services or products purchased via the Vouchers, including, without limitation, any issues relating to the quality, safety, usability, or other aspect of the Merchant services or products. LovingDeal does not review, verify or endorse any Merchant or Merchant services or products. Any problems or issues you may have with Merchant services or products need to be addressed and resolved directly with the appropriate Merchant. LovingDeal reserves the right, in its discretion, to cancel any Voucher purchase or delete any Voucher from the Site at any time.
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6. LovingDeal Buyer Protection
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We want Buyers to be satisfied with their Voucher purchases made via LovingDeal. Please view our current Buyer Protection applicable to Vouchers that are not honoured by the Merchants. This Buyer Protection may be changed from time to time, so please review it prior to making a purchase. The Buyer Protection in effect at the time of purchase will apply regardless of whether the Buyer Protection is subsequently modified.
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7. Terms of Sale and Purchase
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By selling or purchasing products on LovingDeal website, you are subject to the following terms and conditions.
In order to contract with LovingDeal you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or have a registered PayPal account. LovingDeal retains the right to refuse any request made by you. If your order is accepted we will inform you by email.
Buyers will pay for Vouchers through a PayPal payment account for purchases of products or other payment account system as determined by LovingDeal from time to time (“Payment Account”). LovingDeal will provide instructions for Sellers and Buyers for establishing Payment Accounts. When using a Payment Account, all payments (after deducting the transaction fee) are made directly from Buyers to Sellers and the transaction fee will be paid to LovingDeal.
LovingDeal is not a seller of Vouchers through the website. The website is merely a marketplace which facilitates transactions between Buyers and Sellers. LovingDeal may, in its sole discretion, assist with resolution of disputes between Sellers and Buyers, or advise as to any dispute resolution procedures that may be available through the applicable Payment Account. Sellers are solely responsible for charging, collecting and paying any sales, use or similar taxes that may be due for the sale of Vouchers in the jurisdiction where the Sellers are located. If a Voucher sold by a Seller is invalid, has already been used, is fraudulent, or otherwise unusable in accordance with the Voucher’s terms and conditions, then the Seller agrees to refund the payments received to the Buyer (and authorises the Payment Account provider to reverse such payments to the Buyer), or if LovingDeal has already refunded to the Buyer the purchase price, the refund shall be directed to LovingDeal.
All purchases are final and there are no refunds for purchases made by Buyers from Sellers, unless otherwise authorised or agreed to by Sellers.
• Seller Payments
Sellers are required to pay a transaction fee to LovingDeal for sold Vouchers. Please see our Fee Schedule for current fees. Fees may be changed at anytime upon 30 days’ prior notice which may be affected by posting such changes to the Fee Schedule, sending an email to the email address contained in a Seller’s account settings or by any other method determined reasonable by LovingDeal. Transaction fees are automatically withdrawn from Seller’s Payment Account in accordance with the Payment Account Provider’s procedures.
• Voucher Transfers
Vouchers will be transferred to Buyers after payment for the Vouchers is received, and Sellers hereby authorise LovingDeal to make such transfers. If a Buyer loses a Voucher or it is stolen or a Buyer’s account is accessed by anyone with or without a Buyer’s authorisation, and a Voucher is thereby used by someone else, then the Buyer will not be able to recover the value of the Voucher. LovingDeal has no responsibility for any lost, stolen or fraudulent use of any Voucher that Buyer purchases via the website.
• Voucher Terms and Restrictions
Vouchers are subject to specific terms, conditions and restrictions set by Merchants, issuing websites and applicable law. Buyers are responsible for reviewing and familiarising themselves with all of the applicable restrictions prior to purchasing a Voucher via LovingDeal website.
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8. Disclaimer of Liability
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The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law LovingDeal and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect LovingDeal's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
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9. Linking to this Website
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You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
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10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
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Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with LovingDeal and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to LovingDeal.
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11. Indemnity
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You agree to indemnify, defend and hold harmless LovingDeal, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
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12. Variation
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LovingDeal shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
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13. Invalidity
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If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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14. Complaints
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We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
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15. Waiver
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If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
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16. Governing Law and Jurisdiction
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These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
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17. Entire Agreement
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The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LovingDeal. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LovingDeal.
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