Time Out Digital Terms of Website Use and Terms and Conditions

The use by you of this Website and the purchase by you of a voucher through this Website is conditional upon your acceptance of these Terms and Conditions.

Before offering to buy a voucher you must open an account with us and you are required each time you offer to buy a voucher to click on the button marked "I Accept" at the end of these Terms and Conditions to accept them. If you refuse to accept these Terms and Conditions you will not be able to order a voucher through our site.

We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Information about us

http://uk-offers.timeout.com/deals and related microsites our “Website” is a site operated by Time Out Digital Limited (we). We are registered in England and Wales under company number 017820049 and with our registered office at Universal House 252-255 Tottenham Court Road, London W1T 7JY. Our main trading address is at Universal House 252-255 Tottenham Court Road, London W1T 7JY. Our VAT number is GB 672 1770 31.

Purchasing Vouchers

We negotiate and advertise offers which are referred to in these Terms and Conditions as Deals with various suppliers of goods and services on behalf of our customers. The Deals are conditional on certain requirements being met and specific terms and conditions related to them, which will be described in relation to any specific Deal on our Website and on the corresponding voucher. It is a condition (which we may at our discretion waive) that a certain minimum number of buyers, which we call the Tipping Point, offer to buy vouchers, namely vouchers, and buy them in respect of the goods or services offered as part of the Deal.

If the Tipping Point in relation to the Deal is reached then we shall, upon receipt by payment from you, issue you with a voucher redeemable in relation to the Deal. If potential buyers of the voucher in respect of a Deal are unable to complete their purchase of a voucher and the number of buyers in relation to that deal falls below the Tipping Point we will try to ensure that you will still be able to benefit from the Deal even though the Tipping Point has not in fact been reached and we have no obligation to issue a voucher in respect of the relevant Deal. Whether or not we are able to issue a voucher in these circumstances will ultimately depend on whether the supplier of goods or services the subject of the Deal who we call the Merchant is willing to authorise us to issue a voucher on its behalf in such circumstances.

We are not the supplier of the goods and/or services under the Deal which will be supplied by the Merchant, upon whose behalf we issue the vouchers and the Merchant is solely responsible for redeeming the voucher and providing the goods and/or services which you purchase. The Merchant has agreed with us that it will redeem the vouchers bought through this site provided that the Tipping Point is reached.

Your status

By placing an order through our site, you confirm that:

You are legally capable of entering into binding contracts;

You are at least 18 years old.

You grant us an irrevocable non exclusive licence to use for any purpose any content you post on our Website or otherwise communicated to us via any media.

How the contract is formed between you and us

When the Tipping Point is reached we shall send to you as soon as reasonably practicable the voucher you offered to buy after receiving payment from you in respect of it.

Our status

The Merchant is the seller of the goods and/or services under the Deal and is solely responsible for ensuring the Deal and the goods and/or services are performed and comply with all applicable law.

Time Out Digital’s obligations under this Agreement are solely to issue the voucher to you under the Deal. Time Out Digital is not the seller of such goods and/or services the subject of the Deal and the Merchant is solely responsible for supplying such goods and/or services and redeeming any such voucher in respect of the same pursuant to their Terms and Conditions of sale.

Time Out Digital disclaims any and all responsibility or liability in relation to the Deal or for any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Time Out Digital nor its officers, employees or Affiliates may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied pursuant to the Deal.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller and/or Merchant. We we may disclose your customer information related to the voucher that you have purchased for the Deal to the Merchant.

Consumer rights

If you are contracting as a consumer, you may cancel your contract for a Deal at any time within seven working days beginning on the day after you received the voucher (provided that you have not exchanged the voucher for the goods and services under the Deal in that time). In this case, you will receive a full refund of the price paid for the voucher in accordance with our refunds policy. Excludes certain types of contract to provide accommodation, transport, catering or leisure services (for example hotel accommodation, plane, train or concert tickets, car hire or sporting events) where it has been agreed to provide the service on a specific date or within a specific period. Also excludes services that begin, by agreement, before the end of the cooling-off period.

To cancel your contract for a Deal, you must inform us in writing within the time specified. This time period is critical and cannot be extended. In the event that we receive written notice within the time period specified we shall cancel your voucher and you must also destroy any voucher held electronically or in printed form. This provision does not affect your statutory rights. In the event that you subsequently seek to use any voucher you will must pay for and good or services supplied by the Merchant.

Price and payment

The price of any voucher in relation to a Deal will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.

If there is an obvious pricing error in relation to the Deal which could have reasonably been recognised by you as a mis-pricing then we have the right to cancel any voucher issued in respect of the Deal and issue you a refund in respect of the same.

Payment for all Products may be made by credit or debit card and/or Paypal. We will preauthorise your credit card, debit card and/or other method of payment when you offer to buy a voucher but will only charge your credit or debit card when the Tipping Point is reached.

Our refunds policy

If we are providing a refund:

because you have cancelled the Contract between us in accordance with this Agreement and within the seven day cooling-off period (provided always that you have not exchanged the voucher for the goods and services under the Deal during that time, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the voucher in full.

For any other reason at our discretion we will notify you of such refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Licence

If you want to share the content on our site with your friends we are happy for you to do so, but please use the sharing tools provided.

You are permitted to print and download extracts from the Website for your own use on the following basis:

No documents or related graphics on the Website are modified in any way;

No graphics on the Website are used separately from the corresponding text; and

Our copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with these Terms and Conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Subject to these Terms and Conditions, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

Service access

While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor material and conduct

Your use of the Website must be compliant with the terms and condition as set out herein. If you, in our sole discretion, are deemed to have been or are carrying out any of the following prohibited activities, we reserve the right to take such action as we deem necessary, which may, without limitation, include suspension or termination of your account, the revocation of any unredeemed vouchers that have been purchased by you and preventing you from re-enrolling or joining the Website under a new account:

Posting or transmitting to or from the Website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

For which you have not obtained all necessary licences and/or approvals; 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; 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; or

Misusing the Website (including, without limitation, by hacking);

Creating multiple accounts under your name, any aliases or using accounts as may have been created by other individuals however, in the sole determination of Time Out Digital, are being managed by you;

Using the Website, any user account, or any content therein for any other commercial purpose, including to compete directly or indirectly with Time Out Digital;

Using the Website, or any user account, to purchase vouchers for resale, financial speculation, exceeding quantity limits for purchasing vouchers or for any other reason, fraudulent or otherwise, unless expressly permitted under the terms of this Agreement;

Using the Website to solicit, advertise to or contact merchants or Website end users to become users of any other services provided by or through you which would be directly, indirectly or potentially competitive with Time Out Digital, including, without limitation offering current or previously offered Time Out Digital deals;

Accessing or selling your access to the Website, to repurpose for any reason, vouchers that have been purchased through the Website.

Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Registration

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the voucher you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • loss of data, or
  • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable].

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site.

Dispute Policy

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “Moderation Notice”):

A Moderation Notice should be sent either:

By Post: to our current registered office, marked for the attention of “The Legal Department”; or

The Moderation Notice should include details of:

the date, time and listing of the comment(s)/content concerned;

the action that you wish us to take in respect of the comment(s)/content; and

the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).

On receipt of the Moderation Notice, we shall, in most circumstances:

immediately suspend the comment(s)/content concerned;

commence an investigation into it/them; and

contact the user(s) concerned:

with a copy of your Moderation Notice;

giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Moderation Notice; and

requesting that they respond to us within 21 days.

If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.

Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.