Terms & Conditions - RetailMe UK

RetailMe.co.uk, Terms of Use

This page sets out the terms for the use of the Site offered by RetailMe.co.uk and the Services we offer. The terms of use for your customer account with RetailMe are set out in section 2.

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

1.1. What this document is and who we are:

You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement”. We are RetailMe.co.uk and we are the operator of this Site, and provider of a range of services related to the Site. RetaileMe, is a company registered in Eduard Plüger, 53113, Bonn, Germany. We refer to ourselves as “RetailMe”, “we”, “us” or “our” in this document, and we refer to us, including our affiliates, parents and subsidiaries, as the “RetailMe Group”. RetailMe may assume all contracts, rights, obligations and liabilities under these Terms of Use from RetailMe International Limited by way of novation by way of written notice (posted on this Site or communicated by other means) with the result that only RetailMe, remains entitled and obligated under these Terms and you hereby irrevocably consent to the assignment and transfer of all such contracts rights, obligations and liabilities.

1.2. What we do:

We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Sellers”) can list offers for Vouchers, deals, goods, getaways and other products (collectively, “Items”). As a platform provider, we help facilitate transactions for Items on our platform. We are never a buyer and usually not the Seller; we provide a venue for Sellers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site.

1.3. What are all of the legal relationships:

Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. Since RetailMe is not usually a Seller, this means that your contract of sale will most likely be with a different legal entity (often a company in the RetailMe Group). But please note that any contracts formed at the completion of a sale for Items are solely between you and the Seller (and not RetailMe , unless RetailMe is the seller). The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Products when you redeem your Voucher with that business (the “Merchant”). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant. Finally, please understand that we are never the Seller’s or Merchant’s agent.

1.4. What we also do:

We may provide a forum to submit or post User Content.

1.5. Scope of Use:

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

1.6. Limited Licence:

Notwithstanding any other term of these Terms of Use, you shall be permitted to crawl, index, display or cache the contents of this Site solely for the purpose of (i) displaying the Site as part of search engine results, and (ii) optimising (through Accelerated Mobile Pages, or otherwise) the delivery of the Site to other users of the Site. RetailMe reserves all rights, including copyright, in its HTML code and content (including code that is optimised for Accelerated Mobile Pages) and nothing in these Terms of Use shall act as an express or implied waiver of any of RetailMe’s rights, or its ability to enforce the terms of these Terms of Use.

1.7. Prevention on use:

We reserve the right to prevent you from using the Site and the Services (or any part of them).

1.8. Definitions:

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

2. REGISTERING WITH RETAILME INTERNATIONAL AND YOUR ACCOUNT

2.1. RetailMe International Limited:

RetailMe’s affiliated company, RetailMe International Limited (“RetailMe International”), is responsible for your Account and related services. You have a separate contractual relationship with RetailMe International governing your use of the Account, as set out in this section 2. RetailMe International Limited is a company registered in Germany and its registered address at Eduard Plüger, Bonn, 53113, North Rhine-Westphalia, Germany. In this section 2, references to “we”, “us” and “our” are references to RetailMe International.

2.2 Why Register:

Depending on the particular functionality of the Site at any time, you may or may not need to Register to use much of its functionality or to access many of the Services. However, you must Register in order to make a purchase unless you choose to use the guest checkout feature on the Site. If you make a purchase using the guest checkout and you do not already have an Account, we will create an Account for you based on the information provided in connection with the transaction (e.g. your name, address, email address, and other transaction information). You may later claim this Account by creating a password for the Account. Your Account will provide you with easy access to print your Voucher, view your past purchases, store any RetailMe credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.3. How to Register:

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

2.4. Passwords:

During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised 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 we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) the Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.5. Valid email addresses:

All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

2.6. Emails:

RetailMe International may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about the Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

2.7. Push Notifications:

Where you have consented, RetailMe International may send you promotional push notifications on your mobile device(s) for general and location-based deals. You can opt-out of our promotional push notifications at any time by changing the preferences on your mobile device.

2.8. Closing Accounts:

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

2.9. Multiple Accounts:

If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.

2.10. Other Sections:

RetailMe International Limited is also a party to sections 4, 5, 8, 12 and 13 to the extent those sections relate to your Account and the services we provide via the Site.

3. USER CONTENT

3.1. User Content:

The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.

3.2. Creator of the User Content:

In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

3.3. Restrictions:

ou will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. RetailMe does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.

3.4. Use of User Content:

RetailMe has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. RetailMe further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by RetailMe , as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, RetailMe has the right to remove any material from the Site in its sole and absolute discretion. RetailMe assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. RetailMe has no obligation to use your User Content and may not use it at all.

3.5. Modifying or removing User Content:

In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. Retailme makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

3.6. Public Nature of User Content:

Any person (whether or not a user of RetailMe’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. RetailMe is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.

3.7. Disclaimer:

Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by RetailMe. Other users may post User Content that is inaccurate, misleading or deceptive. RetailMe does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and does not reflect the opinion of RetailMe. RetailMe does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.

3.8. Grant:

Some User Content you submit to RetailMe may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant RetailMe and the RetailMe Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, RetailMe shall have no obligation to use your personal information in connection with any User Content.

3.9. License:

As between you and RetailMe, you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant RetailMe and the RetailMe Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. RetailMe International and the RetailMe Group’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

3.10. Copyright Procedures:

RetailMe reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. RetailMe may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if RetailMe determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to RetailMe’s attention, you must either submit your complaint at info@retailme.co.uk or provide RetailMe’s Copyright Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for RetailMe’s Copyright Agent for notice of claims of copyright infringement is:

RetailMe, Inc.
Attn: Copyright Agent
c/o The Risk Management Department
Eduard Plüger, Bonn, 53113, North Rhine-Westphalia, Germany
Email: info@retailme.co.uk

Infringement Reporting Procedures: If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to RetailMe’s attention, you can report your concern(s) by submitting your complaint here at info@retailme.co.uk.

3.11. Unsolicited Ideas:

We do not accept or consider, directly or through any RetailMe or RetailMe’s Group employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

· RetailMe has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and

· RetailMe will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

3.12. Content Moderation:

If you submit User Content in the form of customer reviews to be included on deal pages, any such content will be subject to automatic filtering to remove content that includes derogatory or otherwise offensive wording. Any customer reviews containing such content will not be posted. In the event RetailMe receives a complaint about any of your customer published reviews on the basis that they are offensive, libellous or otherwise unlawful, RetailMe will review the complaint and determine in its sole discretion whether to remove the review. RetailMe may receive complaints via email at info@retailme.co.uk.

3.13. Unfounded Complaints:

You shall not make use of RetailMe’s email to submit notices or complaints about content on the Site that are obviously unjustified. In the event you send RetailMe three or more unjustified complaints, RetailMe reserves the right to suspend or terminate your RetailMe account if you have one. RetailMe may impose a one month suspension after the first three unjustified complaints and may impose an additional month’s suspension for each subsequent unjustified complaint. After receiving six unjustified complaints, RetailMe may choose to terminate your RetailMe account.

3.14. Dispute Settlement:

If you make a complaint to RetailMe about content on the Site and you are not happy with the resolution provided by RetailMe, you may select a certified out-of-court dispute settlement body in order to resolve your dispute with RetailMe.

4. STANDARDS AND RETAILME’S LIMITATION OF ITS LIABILITY

4.1. The standards we operate under:

RetailMe always tries its best at what it does and promises that:

4.1.1. we will exercise reasonable care and skill in performing our obligations under this Agreement; and

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

4.2. Section 4 is important:

This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

4.3. What we are responsible for:

Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by RetailMe itself; or (iv) any Liability which cannot be excluded or limited by applicable law.

4.4. Categories of loss that we are not responsible for:

Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:

4.4.1. loss of income or revenue;

4.4.2. loss of actual or anticipated profits;

4.4.3. loss of business; or

4.4.4. 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”).

5. YOUR OBLIGATIONS

5.1. 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.

5.2. Content on the Site:

It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.

5.3. Things you cannot do:

Without limitation, you undertake not to use or permit anyone else to use the Services or Site:

5.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;

5.3.2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

5.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

5.3.5. to cause annoyance, inconvenience or needless anxiety;

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

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

5.3.8. for any fraudulent purpose; or

5.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

5.4. Forbidden uses:

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

5.4.1. resell the Services or Site;

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

5.4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

5.4.4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;

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

5.4.6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

5.4.7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;

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

5.4.9. enter into fraudulent interactions or transactions with us, a Seller 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);

5.4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;

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

5.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or

5.4.13. copy or use any User Content for any commercial purposes.

5.5. Equipment:

The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, 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.

6. RULES ABOUT USE OF THE SERVICES AND THE SITE

6.1. 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 section 4 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 Voucher, Item, Services or information on the Site or forming part of the Services from time to time.

6.2. Viruses and similar stuff:

We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.

6.3. Stopping access:

Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services 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.

7. SUSPENSION AND TERMINATION

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

7.2. If we suspend the Services or Site, we may refuse to restore the Services or Site 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.

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

7.4. Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

7.4.1. you commit any breach of this Agreement;

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

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

7.5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.

7.6. 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.

8. DATA PROTECTION

8.1. Please see the Privacy Statemen t and Cookies Policy which form part of this Agreement.

9. ADVERTISEMENTS

9.1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognise a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see the Cookies Policy and Privacy Statement.

10. LINKS TO AND FROM OTHER SITES

10.1. Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. RetailMe grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by RetailMe. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.

11.2. None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the RetailMe Group or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.

11.3. RetailMe owns trademarks, registered and unregistered, in many countries and “RETAILME,” the RetailMe logos and variations thereof found on the Site are trademarks owned by RetailMe, Inc. or its related entities and all use of these marks inures to the benefit of RetailMe. “RETAILME” is a trademark registered in the following countries: Algeria, Antigua, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Columbia, Costa Rica, the Dominican Republic, Ecuador, Egypt, the European Union, France, Germany, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstein, Macedonia, Mexico, Moldova, Morocco, New Zealand, Nigeria, Norway, O.A.P.I., Panama, Paraguay, Peru, Philippines, Qatar, the Russian Federation, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, the United Arab Emirates, the United States of America, Uruguay, Venezuela, and Vietnam. A non-exhaustive list of RetailMe’s trademarks can be found here.

11.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.

11.5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.

11.6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. 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 Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.

12. GENERAL

12.1. Interpretation:

In this Agreement:

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

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

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

12.2. No partnership/agency:

Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

12.3. No other terms:

Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

12.4. Assignment:

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.

12.5. Events beyond our reasonable control:

We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

12.6. No waiver:

No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

12.7. Notices:

Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

12.8. No Third party rights:

You hereby agree and acknowledge that RetailMe enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of the RetailMe Group and our third party content providers and licensors (the Third Party Rights Holders”) and that all rights and benefits of RetailMe (but not any burdens or obligations) under or in connection with this Agreement including under indemnity, contract, tort, or howsoever arising shall be rights and benefits of the each of the Third Party Rights Holders (as if each one were a party to this Agreement). Such rights and benefits shall be enforceable under this Agreement by RetailMe for itself and/or as agent for any or all of the Third Party Rights Holders.

12.9. Survival:

In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.

12.10. Severability:

If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

12.11. Governing law:

This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Germany.

13. DEFINITIONS

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:

“Account” means your RetailMe Account.

“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.

“Merchant” means a Seller of Products for which a Voucher can be redeemed. A Merchant is NOT any of the Sellers or RetailMe.

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

“Register” means to create an Account on the Site, and “Registration” means the action of creating an Account.

“Services” means all or any of the services provided by RetailMe via the Site (or via other electronic – or other – communication from RetailMe including mobile applications and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).

“Voucher” means a voucher which is sold by the Sellers and can be exchanged for Products from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Site from which the Voucher was purchased.

“Products” means goods and/or services which are described as part of a Voucher (and for which a Voucher can be redeemed).