Terms & Conditions
Daily Dealicious is an online marketing medium offering huge discounts in local sport and leisure activities, allowing you the opportunity to purchase special deals for the products and services of third party merchants (Service), through our website located at http://www.dailydealicuous.co.uk and other online areas owned or operated by us, such as Facebook and twitter (Sites). These Services and Sites are collectively referred to here as "Daily Dealicious"
Conditional Use of Our Site and Services
Your permission to use Daily Dealicious is conditioned upon your agreement that you:
- will comply with these Terms of Service;
- will not copy or distribute any part of Daily Dealicious in any medium without Daily Dealicious's prior written authorization;
- will provide accurate information when creating an account or registering for our Services;
- are solely responsible for your User ID and the activity that occurs while signed in to or while using Daily Dealicious;
- will not use Daily Dealicious to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on Daily Dealicious for any commercial solicitation purposes;
- We hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You will need to register by creating an account with Daily Dealicious (either by registering directly with us or by allowing a Daily Dealicious application to connect through your Facebook profile) in order to access to certain Services, including Deals.
Security and Privacy
Any communications between you and Daily Dealicious, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information and other Content
When you use the Sites, you can obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Sites by you. You agree not to revise or obscure content posted by others (including advertising and promotions authorized by Daily Dealicious and you agree not to post or use any content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Daily Dealicous in its sole discretion,
- is false or inaccurate, or could damage our company, parent company, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through the Sites or Services to content that violates our policies or is otherwise offensive. You may use the Sites and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove content from the Sites if we determine or suspect that those accounts or content violate the terms of this agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to content on the Sites whether it violates our content policies or not.
General Rules of User Conduct
It is our goal to make the use of our Sites and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Sites or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize the correct functioning of the Sites or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Sites or Services to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Sites or Services, or to interfere in any way with the proper functioning of the Site and Services; or impersonate another user.
Links to Third Party Sites
We don't have control over websites that Daily Dealicious may link to. Daily Dealicious may contain links to third party websites that are not owned, operated, or controlled by Daily Dealicous. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Daily Dealicious you expressly relieve us from any and all liability arising from your use of any third party website.
Daily Dealicious provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotionals in order to reach the Daily Dealicious community.
How It Works
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you've placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
We will deliver the discount code the the email address you have provided once your payment clears. This discount code can also be accessed through your My daily dealicious account.
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero pounds (£0.00) and then against the promotional portion that is remaining.
The expiration date for a Voucher is as printed on the Voucher.
Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
- no cash value for any voucher
- no cash back will be issued for partial redemption of the paid portion of a token, except as required by law,
- no cash back or credit will be issued for partial redemption of the promotional portion of a voucher
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
- neither Daily Dealicious nor the Merchant is responsible for lost or stolen Voucher or Voucher reference numbers,
- duplicate use, sale or trade of a voucher is prohibited, except as required by law,
To be clear, Daily Dealicious markets the Deals and acts an as agent in selling the vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the voucher is within your sole control and at your sole discretion.
Promotions of the Deal Program
From time to time we may offer special promotions and contests intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Daily Dealicious will provide a refund of the purchase price paid by you for any Deal within seven days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After seven days, we do not provide refunds .
All refund requests will be assessed for appropriateness, validity and relevance in order to ensure that it is from a legitimate customer that has successfully paid for the coupon in question.
Refund requests must be made by a legitimate customer who has successfully paid for the voucher within 7 days of the purchase. Enquiries should be made through the sites contact form.
All requests should be reviewed to ensure funds have been captured for the respective customer. Refund value should be 100% of the funds captured, and should not exceed the amount captured by Daily Dealicious. In instances where the customer has requested partial refund, only the specified refund value should be processed.
Disclaimers of Warranty
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF DAILY DEALICIOUS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Daily Dealicious, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and arising from: (i) your use of and access Daily Dealicous; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Daily Dealicious.
Reservation of Rights and Release
Daily Dealicious reserves the right, but has no obligation, to monitor, or take any action Daily Dealicious deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. Daily Dealicious is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on Daily Dealicious, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Daily Dealicious. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Daily Dealicious, subject to copyright and other intellectual property rights under UK law, the law of the jurisdiction where you reside, and international conventions. Content provided by Daily Dealicious is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
The communications between you and Daily Dealicious use electronic means, whether you visit the Site or send us emails, or whether Daily Dealicious posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Daily Dealicious in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Daily Dealicous provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Entire Agreement, Changes to this Agreement and Waivers
Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts in respect of any dispute or matter arising out of or connected with this agreement.