1.1
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. We are Groupon-CityDeal (Ireland) Limited and we are the owner of this
website. We are a company registered in Ireland with our registered office at The Black Church, St. Mary’s Place, Dublin 7 Ireland (and we refer to
ourselves as "Groupon", “CityDeal”, "we" or "us" or "our" in
this document). Our Irish company registration number is 487815.
1.2 Please read this agreement carefully. By browsing, accessing or
using this website or by using any facilities or services made available
through it or by transacting through or on it, you are agreeing to the terms
and conditions that appear below (all of which are called the
"Agreement"). This Agreement is made between you and us.
1.3 These Terms and Conditions were most recently updated on 17 August,
2010 (version 3). We reserve the right to amend these terms and conditions at
any time. All amendments to these terms and conditions will be posted on-line.
You may terminate this Agreement by written notice to us (by post or by email
at support@citydeal.ie) if you do not wish to be bound by such new terms and
conditions. However, continued use of the Service or the Website or a Voucher
will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement
affects your non-excludable statutory rights.
2. DEFINITIONS
2.1 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:
2.1.1 "Merchant" means a third party seller of goods and
services for which a Voucher can be redeemed.
2.1.2 "Microsite" means an auxiliary website
supplementary to our main website.
2.1.3 "Purchase" means the purchase of a Voucher.
2.1.4 "Register" means "create an account on the
Website" (and "Registration" means the action of creating an
account).
2.1.5 "Service" means all or any of the services provided
by CityDeal via the Website (or via other electronic or other communication
from CityDeal) including the information services, content and transaction
capabilities on the Website (including the ability to make a Purchase).
2.1.6 "Voucher" means a voucher which is subject to terms
and conditions, which, if purchased by you, allows you (i.e. the purchaser of
it but not anyone else) to redeem it at a particular Merchant in exchange for
Voucher Products offered by that Merchant.
2.1.7 "Voucher Products" means goods and/or services
offered by a particular Merchant which are described as part of a Voucher.
2.1.8 "Website" means the citydeal.ie website and any
Microsite.
3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 Applicability of terms and conditions: Use of the Service and the
Website and any Purchase are each subject to the terms and conditions set out
in this Agreement.
3.2 Age: To use the Website and/or the Service (whether with or without
registration) and to make any Purchase, you must be 18 years of age or over.
3.3 Place: The Website and the Service and any Purchase are directed
solely at those who access the Website from Ireland. We make no representation
that the Service (or any goods or services) are available or otherwise suitable
for use outside of Ireland. If you choose to access the Website (or use the
Service or make a Purchase) from locations outside Ireland, you do so on your
own initiative and are responsible for the consequences and for compliance with
all applicable laws.
3.4 Scope: The Website, Service and any Purchase are for your
non-commercial, personal use only and must not be used for business purposes.
For the avoidance of doubt, scraping of the Website (and hacking of the
Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the
Website and the Service (or any part of them) and to prevent you from making
any Purchase.
3.6 Equipment: The Service and use of the Website and the making of any
Purchase does not include the provision of a computer or other necessary
equipment to access the Website or the Service or making of any Purchase. To
use the Website or Service or to make a Purchase, 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.
4. REGISTRATION AND ACCOUNTS
4.1 Why to register: You do not need to Register to use much of the
functionality of the Website or to access much of the Service. However, You
must Register in order to make a Purchase from the Website. This is so that we
can provide you with easy access to print your orders, view your past purchases
and modify your preferences. We reserve the right to decline a new Registration
or to cancel an account at any time.
4.2 How to register: To Register you need to supply us with your name,
postcode, email address, payment details and possibly some other personal
information. See our Privacy Policy for more details about this.
4.3 Passwords: Once you finish Registration, we will allocate a password
to you and your account. You must keep the password confidential and
immediately notify us if any authorised third party becomes aware of that
password or if there is any unauthorised use of your email address or any
breach of security known to you. You agree that any person to whom its user
name or password is disclosed is authorised to act as your agent for the
purposes of using (and/or transacting via) the Service and Website. Please note
that you are entirely responsible if you do not maintain the confidentiality of
your password.
4.4 Valid email addresses: All accounts must be registered with a valid
personal email address that you access regularly, so that, among other things,
moderation emails can be sent to you. 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.
4.5 Closing accounts: We reserve the right to close accounts if any user
is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt
to hide the use of multiple registration accounts, or if an non-Irish user pretends
to be an Irish user, or disrupts the Website or the Service in any way.
4.6 Multiple logons: If you use multiple logins for the purpose of
disrupting a community or annoying other users you may have action taken
against all of your accounts.
5. PURCHASE OF VOUCHERS
5.1 Need for registration: CityDeal sells Vouchers via the Website that
can be redeemed for Voucher Products from a Merchant. You must Register in
order to make a Purchase from the Website.
5.2 Emails: As a condition of Purchase, we reserve the right to send you
administrative and promotional emails. We may also send you information
regarding your account activity and purchases, as well as updates about the
Website and Service and Vouchers as well as other promotional offers. (You can
always opt-out of our promotional e-mails at any time by clicking the
unsubscribe link at the bottom of any of such e-mail correspondence.)
5.3 When a Voucher transaction is complete: When you go through the
procedure for purchasing a Voucher, after you have confirmed your acceptance to
these terms and conditions and after we have taken payment (by debit card or
credit card or whatever) the transaction is complete (and a contract for
Purchase is made) only when we email you confirming the transaction (which is
our acceptance of the transaction). We keep a copy of the contract between us -
and you are welcome to print out these terms and conditions from our website as
a record.
5.4 Right to cancel: Once we send you the Voucher, you may cancel the
transaction at any time within 7 working days from the day after the day that
you receive the Voucher (where a working day is any day that is not a Saturday,
Sunday or Irish public holiday). If you do want to cancel, you must do so by
sending us an email to tell us you are cancelling to: support@citydeal.ie or
writing to us or sending us a fax - in each case, always provided of course
that you have not yet redeemed the Voucher.
5.5 This Agreement applies: By making a Purchase, you acknowledge that
the Purchase is made subject to this Agreement.
5.6 Redemption: Once you have made a Purchase, the Voucher is redeemable
by You from a Merchant for Voucher Products provided by that Merchant. The particular
Merchant and particular goods and services offered by that Merchant for which
the Voucher can be redeemed will be stated on the Voucher. Any attempted
redemption of a Voucher not consistent with this Agreement may render a Voucher
void at our (or a Merchant’s) discretion.
5.7 RESPONSIBILITY: The Merchant, and not CityDeal, is:
5.7.1 the seller of the Voucher Products;
5.7.2 solely responsible for providing you with the Voucher
Products and for the Voucher Products themselves; and
5.7.3 solely responsible for redeeming any Voucher you Purchase.
5.8 Restrictions: (i) 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. (ii) If the Voucher is redeemed for less than its
face value, there is no entitlement to a credit, cash or new Voucher equal to
the difference between the face value and the amount redeemed. Also, Vouchers
are redeemable in their entirety only and may not be redeemed incrementally.
5.9 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.
5.10 Lost/stolen vouchers: Neither we nor the Merchant are responsible
for lost or stolen Vouchers or Voucher reference numbers.
5.11 Expiry: The Voucher (including, but not limited to, any discounts
provided by the Voucher) expires on the date specified on the Voucher.
5.12 Status of vouchers: All Vouchers are promotional vouchers that are
offered for Purchase below their face value and are subject to this Agreement
and to any terms and conditions of the relevant Merchant.
5.13 Value Added Tax: Currently the sale of Vouchers by us is not subject to
VAT. If Irish VAT law changes we reserve the right to charge you VAT in
addition to the price for the Vouchers.
6. YOUR OBLIGATIONS
6.1 Merchant terms: Merchants will have their own applicable terms and
conditions, in relation to their own supply of their goods and services, and
you agree to (and shall) abide by those terms and conditions. The
responsibility to do so is yours alone.
6.2 Accurate information: You warrant that all information provided on
Registration and contained as part of your account during the course of this
Agreement is true, complete and accurate and that you will promptly inform us
of any changes to such information by updating the details in your account.
6.3 Content on the Website and Service and Vouchers: It is your
responsibility to ensure that any products, services or information available
through the Website or the Service meet your specific requirements.
6.4 Things you cannot do: Without limitation, you undertake not to use
or permit anyone else to use the Service or Website:
6.4.1 to send or receive any material which is not civil or
tasteful;
6.4.2 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;
6.4.3 to send or receive any material for which you have not
obtained all necessary licences and/or approvals (from us or third parties); or
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party in any country in the world;
6.4.4 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);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications
transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed them or
intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices
and practices of any connected networks; or
6.4.10 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.
6.5 Forbidden uses: The following uses of the Service (and Website)
and Vouchers are expressly prohibited and you undertake not to do (or to permit
anyone else to do) any of the following:
6.5.1 resale of the Service (or Website) or any Voucher;
6.5.2 furnishing false data including false names, addresses and
contact details and fraudulent use of credit/debit card numbers;
6.5.3 attempting to circumvent our security or network including
accessing data not intended for you, logging into a server or account you are
not expressly authorised to access, or probing the security of other networks
(such as running a port scan);
6.5.4 accessing the Service (or Website) in such a way as to, or
commit any act that would or does, impose an unreasonable or disproportionately
large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept
data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuals who did not
specifically request such material. You are explicitly prohibited from sending
unsolicited bulk mail messages. This includes bulk mailing of commercial
advertising, promotional, or informational announcements, and political or
religious tracts. Such material may only be sent to those who have explicitly
requested it. If a recipient asks to stop receiving email of this nature, you
may not send that person any further email;
6.5.7 creating or forwarding "chain letters" or other
"pyramid schemes" of any type, whether or not the recipient wishes to
receive such mailings;
6.5.8 sending malicious email, including flooding a user or site
with very large or numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us
or a Merchant (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);
6.5.10 using the Service or Website (or any relevant functionality
of either of them) in breach of this Agreement;
6.5.11 unauthorised use, or forging, of mail header information;
6.5.12 engage in any unlawful activity in connection with the use
of the Website and/or the Service or any Voucher; or
6.5.13 engage in any conduct which, in our exclusive reasonable
opinion, restricts or inhibits any other customer from properly using or
enjoying the Website and Service.
7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 We will use reasonable endeavours to correct any errors or omissions
as soon as practicable after being notified of them. However, we do not
guarantee that the Service or the Website will be free of faults (or Vouchers
will be free of error) and we do not accept liability for any errors or
omissions. In the event of an error or fault, you should report it by email to:
support@citydeal.ie.
7.2 We do not warrant that your use of the Service or the Website will
be uninterrupted and we do not warrant that any information (or messages)
transmitted via the Service or the Website will be transmitted accurately,
reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Service or the Website is free
from viruses or anything else which may have a harmful effect on any
technology.
7.4 Also, although we will try to allow uninterrupted access to the
Service and the Website, access to the Service and the Website may be
suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or
remove without notice any information or Voucher or service on the Website or
forming part of the Service from time to time. Your access to the Website
and/or the Service may also be occasionally restricted to allow for repairs,
maintenance or the introduction of new facilities or services. We will attempt
to restore such access as soon as we reasonably can. We assume no
responsibility for functionality which is dependent on your browser or other
third party software to operate (including, without limitation, RSS feeds). For
the avoidance of doubt, we may also withdraw any information or Voucher from
the Website or Service at any time.
7.6 We reserve the right to block access to and/or to edit or remove any
material which in our reasonable opinion may give rise to a breach of any of
this Agreement.
8. SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses) the
Website or Service or a Voucher in contravention of this Agreement, we may
suspend your use of the Service and/or Website (in whole or in part) and/or a
Voucher.
8.2 If we suspend the Service or Website or a Voucher, we may refuse to
restore the Service or Website or Voucher until we receive an assurance from
you, in a form we deem acceptable that there will be no further breach of the
provisions of this Agreement.
8.3 CityDeal shall fully co-operate with any law enforcement authorities
or court order requesting or directing CityDeal to disclose the identity or
locate anyone in breach of this Agreement.
8.4 Without limitation to anything else in this Clause 8, we shall be
entitled immediately or at any time (in whole or in part) to: i) suspend the
Service and/or Website; ii) suspend your use of the Service and/or Website;
iii) suspend the use of the Service and/or Website for persons we believe to be
connected (in whatever manner) to you; and/or iv) terminate this Agreement
immediately if:
8.4.1 you commit any breach of this Agreement;
8.4.2 we suspect, on reasonable grounds, that you have, might or
will commit a breach of these terms; or
8.4.3 we suspect, on reasonable grounds, that you may have
committed or be committing any fraud against us or any person.
8.5 Notwithstanding anything else in this Clause 8, we may terminate
this Agreement at any time.
8.6 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.
9. INDEMNITY
9.1 You shall indemnify us against each loss, liability or cost incurred
by us arising out of:
9.1.1 any claims or legal proceedings which are brought or
threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of a Voucher;
c) the use of the Service or Website through your password; or
9.1.2 any breach of this Agreement by you.
10. STANDARDS AND LIMITATION OF LIABILITY
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing any
obligation under this Agreement, and
10.1.2 we have the right to sell Vouchers and that Vouchers are of
satisfactory quality and fit for their purpose.
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses and
sets forth our entire Liability, and your sole and exclusive remedies in
respect of:
10.2.1 the performance, non-performance, purported performance or
delay in performance of this Agreement or the Service or Website (or any part
of it or them); or
10.2.2 otherwise in relation to this Agreement or the entering into
or performance of this Agreement.
10.3 Nothing in this Agreement shall exclude or limit our Liability for
(i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii)
any breach of the obligations implied by ss.12 and 14 Sale of Goods Act 1979 or
s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which
cannot be excluded or limited by applicable law (including, without limitation
liability pursuant to Clause 1.4).
10.4 We do not warrant and we exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality
of any information accessed using the Service or Website or otherwise; and
10.4.2 the transmission or the reception of or the failure to
transmit or to receive any material of whatever nature; and
10.4.3 your use of any information or materials on the Website
(which is entirely at your own risk and it is your responsibility);
10.4.4 Voucher Products 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 is Voucher may be redeemed).
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do
not accept and hereby exclude any Liability for loss of or damage to your (or
any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and
10.8, our Liability for loss of or damage to your (or another person’s)
tangible property caused by us, our employees, subcontractors or agents acting
within the course of their employment during the performance of this Agreement,
shall not exceed €10. Neither corruption of data nor loss of data shall
constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and
hereby exclude any Liability for Breach of Duty other than any such Liability
arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money;
10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or
otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether
such losses are direct, indirect, consequential or otherwise.
10.9 Save as provided in Clause 10.3, our total Liability to you or any
third party shall in no circumstances exceed, in aggregate, a sum equal to the
greater of: a) €50; or b) 110% of any aggregate amount paid by you to us in the
12 months preceding any cause of action arising.
10.10 The limitation of Liability under Clause 10.9 has effect in
relation both to any Liability expressly provided for under this Agreement and
to any Liability arising by reason of the invalidity or unenforceability of any
term of this Agreement.
10.11 In this Clause 10:
10.11.1 "Liability" means liability in or for breach of
contract, Breach of Duty, misrepresentation, restitution or any other cause of
action whatsoever relating to or arising under or in connection with this
Agreement, including, without limitation, 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 "this Agreement" shall be deemed to include any
collateral contract); and
10.11.2 "Breach of Duty" means the breach of any (i) obligation
arising from the express or implied terms of a contract to take reasonable care
or exercise reasonable skill in the performance of the contract or (ii) common
law duty to take reasonable care or exercise reasonable skill (but not any
stricter duty).
11. DATA PROTECTION
11.1 Please see our Privacy Policy which forms part of this Agreement.
12. ADVERTISEMENTS
12.1 We may place advertisements in different locations on the Website
and at different points during use of the Service. These locations and points
may change from time to time - but we will always clearly mark which goods and
services are advertisements (i.e. from persons other than us), so that it is
clear to you which goods and services are provided on an objective basis and
which are not (i.e. the advertisements).
12.2 You are free to select or click on advertised goods and services or
not as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party
advertising company.
12.4 No personal data (for example your name, address, email address or
telephone number) will be used during the course of serving our advertising,
but, on our behalf, our third-party advertiser or affiliate may place or
recognise a unique "cookie" on your browser (see our Privacy Policy
here about this). This cookie will not collect personal data about you nor is
it linked to any personal data about you. If you would like more information
about this practice and to know your choices about not having this information
used by any company, see our Privacy Policy here about this which you can click
on for more information.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Where the Website contains links to third party sites and to
resources provided by third parties (together "Other Sites"), those
Other Sites are merely linked to provide information only and are solely for
your convenience. We have no control over and do not accept and we assume no
responsibility for Other Sites or for the content or products or services 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
websites linked to the website, you do so entirely at your own risk.
13.2 This citydeal.ie website may make available access to Microsites
and if it does, it may do so within or otherwise through external hyperlinks.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights (including all copyright, patents,
trade marks, service marks, trade names, designs (including the "look and
feel" and other visual or non-literal elements)) whether registered or
unregistered) in the Website and Service, (subject to Clause 14.4) information
content on the Website or accessed as part of the Service, any database
operated by us and all the website 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.
14.2 None of the material listed in Clause 14.1 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 Website 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
Website without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in
the CityDeal name are owned by us (or our licensors). Other product and company
names mentioned on the Website are the trade marks or registered trade marks of
their respective owners.
14.4 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. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the
Website have asserted their moral rights to be identified as the author of
those works.
14.6 Subject to Clause 14.7, any material you transmit or post or submit
to the Website (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. 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 (i.e. via email, the Website 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.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or
other information: (i) disclosed or offered to us by you; or (ii) in response
to solicitations by us regarding the Service or the Website; (in each foregoing
case, these are called "Ideas") shall be deemed to be and shall
remain our property and you hereby assign by way of present and future
assignment all intellectual property rights in Ideas, to us. You understand and
acknowledge that we have both internal resources and other external resources
which may have developed or may in the future develop ideas identical to or
similar to Ideas and that we are only willing to consider Ideas on these terms.
In any event, any Ideas are not submitted in confidence and we assume no
obligation, express or implied by considering it. Without limitation, we shall
exclusively own all now known or hereafter existing rights to the Ideas of
every kind and nature throughout the world and shall be entitled to
unrestricted use of the Ideas for any purpose whatsoever, commercial or
otherwise without compensation to the provider of the Ideas.
15. GENERAL
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons includes natural persons,
partnerships, limited liability partnerships, bodies corporate and
unincorporated associations of persons;
15.1.2 clause headings such as ("15. GENERAL" at the
start of this Clause) and clause titles (such as "Interpretation:" at
the start of this Clause 15.1) are purely for ease of reference and do not form
part of or affect the interpretation of this Agreement; and’
15.1.3 references to "include" and "including"
shall be deemed to mean respectively "include(s) without limitation"
and "including without limitation".
15.2 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.
15.3 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.
15.4 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.
15.5 Force majeure: We shall not be liable for any breach of our
obligations under this Agreement where we are hindered or prevented from
carrying out our obligations by any cause outside our reasonable control,
including by lightning, fire, flood, extremely severe weather, strike,
lock-out, labour dispute, act of God, war, riot, civil commotion, malicious
damage, failure of any telecommunications or computer system, compliance with
any law, accident (or by any damage caused by any of such events).
15.6 Entire agreement: This Agreement (and our Privacy Policy) contains
all the terms agreed between the parties regarding its subject matter and
supersedes and excludes any prior agreement, understanding or arrangement
between the parties, whether oral or in writing. No representation, undertaking
or promise shall be taken to have been given or be implied from anything said
or written in negotiations between the parties prior to this Agreement except
as expressly stated in this Agreement. Neither party shall have any remedy in
respect of any untrue statement made by the other upon which that party relied
in entering into this Agreement (unless such untrue statement was made
fraudulently or was as to a matter fundamental to a party’s ability to perform
this Agreement) and that party’s only remedies shall be for breach of contract
as provided in this Agreement. However, the Service is provided to you under
our operating rules, policies, and procedures as published from time to time on
the Website.
15.7 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
or a like or different character. No granting of time or other forbearance or
indulgence by us to you shall in any way release, discharge or otherwise affect
your liability under this Agreement.
15.8 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.
15.9 Third party rights: All provisions of this Agreement apply equally
to and are for the benefit of CityDeal, its subsidiaries, any holding companies
of CityDeal, its (or their) affiliates and its (or their) third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf (save that this Agreement may be
varied or rescinded without the consent of those parties). Subject to the
previous sentence, no term of this Agreement is otherwise enforceable pursuant
to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a
party to it.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7,
5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 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 Website or Service again, then the provisions of the terms
and conditions that then apply will govern your re-use of the Website or Service.
In the event you use Vouchers bought under this Agreement, then those
provisions applicable to Vouchers will survive termination of this Agreement.
15.11 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.
15.12 Governing law: This Agreement (and all non-contractual
relationships between you and us) shall be governed by and construed in
accordance with Irish law and both parties hereby submit to the exclusive
jurisdiction of the courts of Ireland.
16. MISCELLANEOUS
16.1 The Website and the Service is owned and operated by Groupon-CityDeal
(Ireland) Limited, a company registered in Ireland whose registered office is
at The Black Church, St. Mary’s Place, Dublin 7. If you have any
queries please contact Customer Services at support@groupon.ie.










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