THE IMPORTANT LEGAL STUFF
Groupon IE Terms and Conditions: You agree to the terms of this document whenever you use any aspect of the website or the Groupon IE services, irrespective of what you purchase from the website (if anything). These terms also apply if you purchase a voucher.
Groupon Goods Global GmbH: You agree to the terms of this document if you purchase products from Groupon Goods Global GmbH.
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. We are Groupon-CityDeal (Ireland) Limited (trading as Groupon IE) 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 IE", "we", "us" or "our" in this document). Our company registration number is 487815.
1.2 Your acceptance of this Agreement: 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 Changes to this Agreement: These Terms and Conditions (i.e. this Agreement) was most recently updated on 9 July 2012 (version 4). We reserve the right to amend this Agreement 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 email@example.com) 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 (all of which are defined below in the last clause of this Agreement) will be deemed to constitute acceptance of the new terms and conditions.
1.5 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 at the end of this Agreement (i.e. in the last clause of this Agreement here).
2. SOME BASICS YOU SHOULD KNOW ABOUT THE WEBSITE AND THE SERVICE WE OFFER
2.1 Being bound by this Agreement: Use of the Service and the Website and any Purchase are each subject to the Terms and Conditions set out in this Agreement. To be clear: if you use the Website or if you make any Purchase you are legally bound by this Agreement.
2.2 Minimum Age: To use the Website and/or the Service (whether with or without Registration) and/or to make any Purchase, you must be 18 years of age or over.
2.3 Place of Use: The Website and the Service and any Purchase are directed solely at those who access the Website and/or make any Purchase from Ireland. We make no representation that the Service (or any products 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. Please note that Groupon is part of an international “Groupon family of companies” and if you are outside Ireland, there is probably a local Groupon company (e.g. www.groupon.fr in France or whatever.)
2.4 Scope of Use: The Website, Service and any Purchase are for your non-commercial, personal use only (although you may give any Voucher to someone else for their personal use). The Website, Service and any Purchase must never be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
2.5 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. REGISTERING WITH GROUPON AND YOUR ACCOUNT
3.1 Why register? Depending on the particular functionality of the Website at any time, you may or may 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. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
3.3 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 your 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.
3.4 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. PURCHASE OF VOUCHERS
THIS CLAUSE IS THE HEART OF THESE TERMS AND CONDITIONS – PLEASE READ IT VERY CAREFULLY!
4.1 An outline of how purchasing works legally: Please see our FAQs here which explains all the legal stuff and the legal framework.
4.2 Need for registration: Groupon sells Vouchers that can be redeemed for Voucher Products/Services from a Merchant. You must Register in order to make a Purchase from the Website.
4.3 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 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 the transaction). We keep a copy of the contract between us - and you are welcome to print out these Terms and Conditions (i.e. this Agreement) from our Website as a record.
4.4 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) - in each case, always 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: firstname.lastname@example.org or phoning us on 019-036-337 or writing to us. See also Clause 5 of this Agreement which goes into more detail.
4.5 This Agreement applies: Please remember that by making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
4.6 Redemption: Once you have made a Purchase, the Voucher is redeemable from a Merchant for Voucher Products/Services 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.
4.7.1 Please note that it is the Merchant, and not Groupon, who is the seller of the Voucher Products/Services.
4.7.2 Please note that it is the Merchant, and not Groupon, who is the party who enters into a contract with the person redeeming the Voucher for the Products/Services. (Please note that, as explained in the FAQs, separately to that contract between the redeemer of the Voucher and the Merchant, the person who Purchased the Voucher has a separate contract with Groupon for the Purchase of the Voucher which is what this Agreement is all about.)
4.7.3 Please note that it is the Merchant, and not Groupon, who is solely responsible for providing you with the Voucher Products/Services and for the Voucher Products/Services themselves.
4.7.4 Please note that it is the Merchant, and not Groupon, who is solely responsible for redeeming any Voucher you Purchase.
4.8.1 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.
4.8.2 Vouchers 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 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.
4.10 Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers – although please see the Groupon IE Promise set out at the start of this Agreement.
4.12 Status of vouchers: All Vouchers are credit vouchers that are subject to this Agreement and to any terms and conditions of the relevant Merchant (although see Clause 7.1 of this Agreement about this.).
4.13 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.
4.14 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.)
Please note the Groupon IE Promise. It says:
“We are confident in the businesses we feature on Groupon IE and back them with this Groupon IE Promise. If your experience using your Groupon ever lets you down, we will return the purchase price of your Groupon, either as cash or as a Groupon IE credit. Simple as that.”
- If you are ever having trouble redeeming your Groupon, we are here to help. We approach refund requests for unredeemed vouchers in this straightforward way:
- Our first response will always be to try and help you receive the experience you purchased.
- If we can’t assist you in redeeming your voucher, we will offer you Groupon IE credit to try another experience.
- If you don’t want Groupon IE credit to use towards another offer because Groupon IE has let you down and it’s within the validity period, we’ll return the purchase price of your Groupon.
- If a business closes permanently, we will always honour returns for unredeemed Groupons.
- In accordance with the law, on the vast majority of deals, any unredeemed Groupon may be returned for a full cash refund within the first 7 working days from the day after the day that you receive the Groupon.
- If you’ve already redeemed your voucher, and you’re disappointed with your purchase, please contact us and we’ll evaluate returns on a case-by-case basis.
Please remember that in the Groupon IE Promise, the word “Groupon” means a Voucher.
5.2 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. 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 IE Promise, we are not obliged to give any refund for the Voucher.
5.3 If your Voucher has expired: Please see Clause 4.11 of this Agreement about limited periods of validity of any Voucher. Subject to the Groupon IE Promise (and to Clause 5.2 of this Agreement), if your Voucher has expired you are not 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 period of validity) then provided you can demonstrate this to us to our reasonable satisfaction, then depending on the degree to which you may or may not be at fault, we may be able to refund you a Groupon IE credit or, if there is demonstrably no fault on your part at all, we may be able to provide a refund of the purchase price of the Voucher (payable back via your original method of payment).
5.4 If the Voucher Products/Services are not what you expect based on the description before Purchase or on the Voucher: If you have a complaint and you contact Customer Services at Groupon IE, one of several things can happen:
5.4.1 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 4.7 of this Agreement), the Merchant (and NOT Groupon IE) is responsible for providing goods and 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 IE, we go beyond our legal obligations. We offer the Groupon IE Promise. This is set out at Clause 5.1 of this Agreement. Depending on why you are unsatisfied, sometimes we may offer this refund as Groupon IE credit and sometimes as a refund of funds (payable back via your original method of payment).
5.4.2 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! You will see that throughout this Agreement we exclude legal liability for errors and omissions in several places (see for example Clause 6 of this Agreement). 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).
5.5 Status of refunds: The following is always true about any refund in respect of a Voucher accepted by you (as credits or by funds refunded back via your original method of payment or otherwise):
5.5.1 You have 30 days from the date you receive the refund to reject the refund;
5.5.2 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 Groupon related to or arising out of or connected to that Voucher or anything on the Website;
5.5.3 Groupon is NEVER responsible in respect of, or to provide, goods and services related to a Voucher or as described on the Website or otherwise. Please see Clause 4.7 of this Agreement, which goes into more detail about this.
6.1 The standards we operate under: Groupon IE always tries its best at what it does! To give some legal backing to this, we warrant that:
6.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement;
6.1.2 we have the right to sell Vouchers;
6.1.3 Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissions (and see Clause 8.1 of this Agreement about this); and
6.1.4 we will not contravene the requirements of professional diligence in what we do.
6.2 Clause 6 ‘rules the roost’: This Clause 6 (and Clause 1.4 of this Agreement) takes precedence over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
6.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website or any Purchase (or any part of it or them); or
6.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
6.3 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 fraud or what we say in Clause 1.4 of this Agreement).
6.4 What we are never responsible for: We do not warrant and we exclude all Liability in respect of Voucher Products/Services 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). We are responsible however for what we say in the Groupon IE Promise.
6.5 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 this Agreement) but for nothing else (such as suing for a tort).
6.6 Categories of loss that we are not responsible for: Please note that apart from what we set out in Clause 6.3 of this Agreement and what we say in the Groupon IE Promise, we shall have no Liability for:
6.6.1 loss of revenue;
6.6.2 loss of actual or anticipated profits;
6.6.3 loss of contracts;
6.6.4 loss of the use of money;
6.6.5 loss of anticipated savings;
6.6.6 loss of business;
6.6.7 loss of opportunity;
6.6.8 loss of goodwill;
6.6.9 loss of reputation;
6.6.10 loss of, damage to or corruption of data; and
6.6.11 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 6.3 of this Agreement and what we say in the Groupon IE 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 Promise as some situations where the Groupon IE Promise applies are foreseeable issues! And we operate the Groupon Promise as we set out in Clause 5 of this Agreement”.
6.7 Limits of our liability: Apart from what we set out in Clause 6.3 of this Agreement (for which we have unlimited liability) and apart from what we say in Clause 6.6 of this Agreement (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:
6.7.1 in respect of any Voucher, 110% of the price paid for that Voucher; and
6.7.2 in respect of any other loss €50.
6.8 Invalid or unenforceable parts of this Agreement: The limitation of Liability under Clause 6.7 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of this Agreement.
7. YOUR OBLIGATIONS
7.1 Merchant terms: Merchants will have their own applicable terms and conditions in relation to their own supply of their goods and services, and you 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 we “check out” Merchants, before selling Vouchers which relate to that Merchant’s Voucher Products/Services, we shall list any restrictions applicable to the Voucher and those Voucher Products/Services clearly on our Website before any Purchase of that Voucher.
7.2 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.
7.3 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.
7.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
7.4.1 to send or receive any material which is not civil or tasteful;
7.4.2 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;
7.4.3 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;
7.4.4 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);
7.4.5 to cause annoyance, inconvenience or needless anxiety;
7.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7.4.7 for a purpose other than which we have designed them or intended them to be used;
7.4.8 for any fraudulent purpose;
7.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
7.4.10 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.
7.5 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:
7.5.1 resell the Service (or Website) or any Voucher;
7.5.2 furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
7.5.3 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);
7.5.4 access 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;
7.5.5 execute any form of network monitoring which will intercept data not intended for you;
7.5.6 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;
7.5.7 create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
7.5.8 send malicious email, including flooding a user or site with very large or numerous emails;
7.5.9 enter 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);
7.5.10 use the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
7.5.11 use in an unauthorised manner, or forge, mail header information;
7.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
7.5.13 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.
7.6 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.
8. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
8.1 Errors and omissions: We are not liable for errors or omissions (e.g. listing a Voucher at €1.99 instead of €199!) if we have complied with the standards set out in Clause 6.1 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 Voucher or service on the Website or forming part of the Service from time to time.
8.2 Viruses and similar stuff: To the extent permitted by law, 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.
8.3 Stopping access: 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. 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 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.
8.4 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 a non-Irish user pretends to be an Irish user, or disrupts the Website or the Service in any way.
8.5 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.
9. SUSPENSION AND TERMINATION
9.1 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.
9.2 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.
9.3 Groupon shall fully co-operate with any law enforcement authorities or court order requesting or directing Groupon to disclose the identity or locate anyone in breach of this Agreement.
9.4 Without limitation to anything else in this Clause 9, 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:
9.4.1 you commit any breach of this Agreement;
9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
9.5 Notwithstanding anything else in this Clause 9, we may terminate this Agreement at any time on notice to you.
9.6 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.
10.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
10.1.1 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
10.1.2 any breach of this Agreement by you.
11. DATA PROTECTION
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.
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 groupon.ie Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
13.3 You may not establish and/or operate for commercial purposes links to this Website without the express prior written consent of Groupon IE. Such consent may be withdrawn at any time at Groupon IE’s own discretion.
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 below) 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 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, subject to Clause 13.3, 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” and “Groupon” names 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 below, 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 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 (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.
15.1 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.
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 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.
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) or sent 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 Groupon, its subsidiaries, any holding companies of Groupon, 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).
15.10 Survival: In any event, the provisions of Clauses 1, 2, 4, 5, 6, 8, 10, 11, 14, 15, 16 and 17 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.
16.1 The Website and the Service is owned by Groupon City-Deal (Ireland) Limited, a company registered in Ireland whose registered office is at The Black Church, St. Mary’s Place, Dublin 7, Ireland. If you have any queries please contact Customer Services at email@example.com or on 019-036-337.
17.1.1 “Groupon IE Promise” means the Groupon IE safety “guarantee” given for any Purchase. It is set out in Clause 5.1 of this Agreement – and also at the start in the large box at the top of this document.
17.1.2 “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.
17.1.3 “Merchant” means a third party seller of goods and/or services for which a Voucher can be redeemed. A Merchant is NOT Groupon.
17.1.4 “Microsite” means an auxiliary website operated by Groupon which is supplementary to our main website at groupon.ie.
17.1.5 “Purchase” means the purchase of a Voucher.
17.1.6 “Register” means "create an account on the Website" (and "Registration" means the action of creating an account).
17.1.7 “Service” means all or any of the services provided by Groupon via the Website (or via other electronic - or other - communication from Groupon) including our newsletter, emails we send you and the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
17.1.8 “Voucher” means a voucher which can be exchanged for Voucher Products/Services from a relevant Merchant, 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. We usually call such a voucher a “Groupon” – a word made up of the cross between group voucher and coupon!
17.1.9 “Voucher 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).
17.1.10 “Website” means the groupon.ie website and any Microsite.
Groupon Goods Global GmbH
Terms of Sale
This page sets out the terms for the sale of Goods by Groupon Goods to you.
- 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 CH-290.4.017.684-1) with our registered office at Freier Platz 10, 8200 Schaffhausen, Switzerland.
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 2 January December 2013 (version 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.
- 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 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 endeavors 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.
- 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 3.1 does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.
- DELIVERY OF GOODS
4.1. Shipping: 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 of Ireland. Additionally, shipment may be limited to specific geographic locations within Ireland.
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.
- 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.
- 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 from the day that you receive the Goods. To cancel, you must contact us via https://www.groupon.ie/contact, by post at the address in Clause 11 or through hand-delivered notice within 7 working days from 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 the 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;
(e) lotteries or gambling games; and
(f) any other Goods that by reason of their nature cannot be returned, including those that would be damaged by transit.
- 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 within 7 working days from the day you receive the 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.
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 for inspection purposes; 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, or your rights where goods supplied to you are incorrect or faulty.
- 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 use, 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.
9.1. 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.
9.3. What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for (i) fraud; (ii) serious misconduct by Groupon Goods, excluding serious misconduct not conducted by Groupon Goods itself; or (iii) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
9.4. Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we only sell Goods for domestic and private use, we shall not have Liability for:
9.4.1. loss of revenue;
9.4.2. loss of actual or anticipated profits;
9.4.3. loss of business; and
9.4.4. 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. “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).
10.1. 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 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, these Terms of Sale (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 competent courts of Ireland. The parties also agree that the United Nations Convention for the International Sale of Goods does not apply to this transaction.
- CONTACT DETAILS/CUSTOMER SUPPORT
Groupon Goods Global GmbH, a company registered in Switzerland
Freier Platz 10, 8200 Schaffhausen, Switzerland
Phone number: 019-036-337
Website contact: http://www.groupon.ie/contact
If you have any questions, comments or complaints please contact our customer support using the contact details specified above.