Terms and Conditions

Duplicate from UK

Effective as of January 14, 2016.

PLEASE READ THESE TERMS OF USE AND TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THE SHOPMIUM WEBSITE OR SMARTPHONE APPLICATION (each, a "Site" and together the "Sites"). By using or accessing the Sites, you confirm that you acknowledge and agree to the Terms of Use and the Terms of Service set forth below. If you do not agree to these Terms of Use and Terms of Service, please do not use the Sites. Shopmium may modify these Terms of Use and Terms of Service at any time and from time to time by updating this page, and your use of the Sites after such modification confirms your acceptance of the modified terms. Please check these Terms of Use and Terms of Service periodically for modifications. Shopmium may also discontinue the Sites, and the Promotions available on the Sites, at any time. If Shopmium intends to discontinue the Sites, it will let you know by e-mail or via a notification on the Sites. In the event that the Sites or any Promotion is discontinued, you will still receive Rebates for any Promotions used by you for which Shopmium has delivered Confirmation, as set out in the Terms of Service.

Terms of Use. The Terms of Use sets forth the terms and conditions that govern your use of the Sites.
Terms of Service. The Terms of Service set forth the terms and conditions of service applicable to any of the promotions, deals, or discounts available through the Sites.
Privacy Policy. Please see our Privacy Policy, which also governs your use of the Sites, for information regarding the collection and use of personal information from the Sites.

The Promotions on the Sites are provided to you by Quotient Technology Limited, a company registered in England and Wales with company number 07775437, whose registered address is Landmark House, Hammersmith Bridge Road, London, W6 9DP (referred to in these Terms of Use and Terms of Service as "Shopmium", "our", "we", or "us"). The Sites are operated by Shopmium, and also by our affiliates (including Shopmium SAS, a company registered in France) on our behalf. If you have any questions, comments, or concerns regarding the Terms of Use, Terms of Service, or Privacy Policy, please email us at contact.uk@shopmium.com.

### Terms of Use & Terms of Service

In connection with viewing and using the Sites, you are only permitted to download onto a single computer or smartphone one copy of the materials posted on the Sites for your personal reference and/or informational purposes only. You are not permitted to: (i) resell or use the Sites or their contents for commercial purposes; (ii) collect and use any product listings, descriptions, or prices; (iii) download or copy information for the benefit of another merchant; or (iv) use data mining, screen scraping, or similar data-gathering and extraction tools. All other rights are reserved.

The downloading of any information, content, or images from the Sites does not transfer any right or ownership of such items to you, and such information, content, or images may be used solely in accordance with these Terms of Use.

You are responsible for maintaining the confidentiality of your password and account, if any, and for all activities that occur under your account.

Any unauthorised access, modification, or change of any information, or any interference with the availability of or access to the Sites is strictly prohibited.

CONTENTS AND HYPERLINKS

The Sites may contain hyperlinks to websites belonging to our other group companies and third parties, which are the sole responsibility of those group companies or third parties. Any and all use of those websites is solely at your own risk. We have no control over the content or policies of those websites, and we are not responsible (and under no circumstances shall we be liable) for the contents, accuracy, or reliability of any those websites. A description or reference to a third party's (including a group company's) product, service, information, or publication on the Sites (including any description or reference via hyperlink) does not imply any endorsement whatsoever by Shopmium of that product, service, information, or publication.

Links to the Sites from third party sites are permitted only upon approval from Shopmium. Please contact us at contact.uk@shopmium.com to seek such approval.

USER CONTENT

Links to the Sites from third party sites are permitted only upon approval from Shopmium. Please contact us at contact.uk@shopmium.com to seek such approval.

CODE OF ACCEPTABLE CONDUCT

Shopmium does not ordinarily, but reserves the right in its sole discretion, to filter, censor, edit, or otherwise regulate information and content provided by visitors to the Sites and other third parties, and we neither endorse nor are responsible for (and under no circumstances shall we be liable for) the contents, accuracy, or reliability of any such information or contents. All such contents shall be deemed Disclosures and freely usable by Shopmium as provided in these Terms of Use.

When using the Sites, you promise that you have proper right and authorization to use any information or content that you upload or post, and agree to comply with the following code of acceptable conduct:

You will not upload, post, or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content. Inappropriate and unauthorized inputs and uploads include, without limitation, Trojan horses, worms, time bombs, cancelbots, and other unauthorized computer programming routines.
You will not upload or post viruses, harmful components, or any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any computer system, the Sites, or its components.
You will not use the Sites to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods or services on the Sites.

Shopmium will assist law enforcement officials investigating illegal activity or violations of these Terms of Use. You hereby agree to indemnify us for any and all claims whatsoever resulting from, related to, or in connection with any content that you supply to us or to the Sites.

VIRUSES AND NO RELIANCE

Shopmium makes no statements or promises that the Sites are free of defects, errors, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Sites or Shopmium's computer systems. Although we make reasonable efforts to update the information on our Sites, the pages on the Sites may contain technical inaccuracies, outdated information, and typographical errors.

YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS." SHOPMIUM DOES NOT MAKE ANY STATEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY RELATING TO NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTORY QUALITY, WITH RESPECT TO THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES. WE DO NOT PROMISE THAT DEFECTS ON THE SITES WILL BE CORRECTED.

COMPENSATION

Without limitation to any provision set forth in the "Code of Acceptable Conduct" section hereof, you agree to compensate Shopmium fully and not make any claims against Shopmium for any and all liabilities, damages, and costs (including reasonable legal fees) incurred by us or our group companies, employees, or representatives arising out of your breach of these Terms of Use. You hereby agree to compensate us fully for any and all claims whatsoever resulting from, related to, or in connection with any Disclosures that you supply to us or to the Sites.

LIMITATIONS OF LIABILITY

Shopmium accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

You have certain rights under the law. Nothing in these Terms of Use is intended to affect these rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.

If Shopmium fails to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of that failure or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to these Terms of Use, both we and you knew it might happen.

JURISDICTION AND CHOICE OF LAW

Shopmium controls and manages the Sites from its facilities in France. Unless otherwise stated, materials and content on the Sites are presented solely for promoting products in the United Kingdom. Information published on the Sites may contain references to products, programs, and services that are not announced or available in your country or region. We make no statements that such information, products, programs, or services referenced on the Sites are legal, available, or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of England and you can bring legal proceedings in the English Courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

TRADEMARKS AND COPYRIGHTS

The Sites are protected by intellectual property laws around the world, including copyright and trademark laws. All our rights under those laws are reserved. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any and all applicable end-user license agreements. All brands and names are the property of their respective owners.

Except as otherwise noted, Shopmium or our affiliates own all trademarks and service marks on the Sites, whether registered or not.

SEVERABILITY

If any provision or any portion of any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then such provision or portion of such provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

TERMS WHICH APPLY ONLY IF YOU DOWNLOAD THE SHOPMIUM APPLICATION FROM THE APPLE APP STORE

If you have downloaded the Shopmium application (the "App") from the Apple App Store, the following additional terms will apply:

You and we acknowledge that these Terms of Use are concluded between Shopmium and you only, and not with Apple, and that Shopmium is solely responsible for the App and its contents.

You and we acknowledge that Shopmium, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Without prejudice to any limits placed on our liability under these Terms of Use, you and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Shopmium, and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You promise that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

### Terms of service

The following terms and conditions of service (the "Terms of Service") shall apply to your use of any promotion, deal, or discount (collectively, the "Promotions") featured on the Shopmium website or smartphone application (each, a "Site" and together the "Sites"). Each time you use any of the Promotions, you accept the Terms of Service and the terms of any documents expressly referenced herein and agree to comply with them.

A. CONTRACT FORMATION

At the time of your first use of the Sites, you must create a user account on such Site (the "User Account"). In order to do so, you will be required to provide personal details as well as a username and password. You will also be required to specify whether you would like to be reimbursed via bank transfer or PayPal (www.paypal.com) (including relevant account details), or if you would like to donate your reimbursement to one or more of the charities that may be listed on the Sites. Shopmium reserves the right to modify the available methods of reimbursement from time to time. After selecting the Promotions you wish to use, and providing and confirming your preferred method of reimbursement (collectively, the "Request"), you will receive a message in your User Account from Shopmium acknowledging that it has received your Request (the "Acknowledgement"). All Requests are subject to acceptance by Shopmium, which will be conveyed in the form of a message sent to your User Account, confirming that a rebate (the "Rebate") has been applied to your User Account (the "Confirmation"). That Rebate will then be transferred to your PayPal or bank account in accordance with the timescales set out in paragraph D below. A separate contract will be formed between you and Shopmium each time you use a Promotion, at the point we send the Confirmation.

For more information on how the Sites work, please see the "How it works" and "Help Centre" sections of the Sites.

B. YOUR RIGHT TO CANCEL YOUR USER ACCOUNT

You may request to cancel your User Account at any time by emailing Shopmium at contact.uk@shopmium.com. Your User Account will be deactivated within five (5) business days of Shopmium's receipt of your email. Any balance remaining in your User Account which has not yet been transferred to your bank or PayPal account, or been donated to one or more of the charities listed on the Sites, will immediately be cancelled upon receipt of your email termination, and you will not thereafter be entitled to receive any payments whatsoever out of such User Account. You should ensure that the balance in your User Account has been transferred to your bank or PayPal account, or has been donated to one or more of the charities listed on the Sites, before cancelling your User Account.

C. SHOPMIUM'S RIGHT TO CANCEL REQUESTS AND/OR YOUR USER ACCOUNT

Shopmium reserves the right to, without notice, deny or cancel any of your current or future Requests and/or terminate your User Account if you breach the Terms of Use or these Terms of Service.

D. REBATES

Rebates are intended exclusively for use by the owner of the User Account to which they are applied. Each Rebate may be redeemed only once per User Account.
In connection with any Request, Shopmium reserves the right to make Confirmation conditional upon the receipt of additional information in order to verify your identity or the validity of the proof of purchase (including, without limitation, a receipt, a copy of your driver's license or other identifying document, proof of address, or a copy of the packaging of the product along with barcode).
Rebates will generally be paid according to the following time schedules: (a) Rebates via PayPal – within three (3) business days after Confirmation; and (b) Rebates via bank transfer – within seven (7) business days after Confirmation. Shopmium may change the foregoing time schedules from time to time without notice.
Charitable donations pursuant to Section A hereof are not tax deductible.

E. RETURN, EXCHANGE & REFUND POLICY

If you return or exchange any products after receiving a Rebate for that product, you must notify Shopmium via email at contact.uk@shopmium.com within twenty-four (24) hours of the return or exchange. Shopmium will then deduct the value of the relevant Rebate from future Rebates on your User Account.
Shopmium may conduct random audits of receipts submitted in connection with Requests for a period of ninety (90) days after submission of such Request. In the event that Shopmium discovers a return or exchange of which it was not notified, Shopmium may, in its sole discretion, either (a) request a return of the value of the relevant Rebate, (b) deduct the value of the relevant Rebate from future Rebates on your User Account, or (c) terminate your User Account pursuant to Section C above.

F. CUSTOMER'S STATEMENT

By making a Request on the Sites you are stating to Shopmium that you are legally competent to enter into a binding agreement and are at least thirteen (13) years old; provided, however, that if you are under eighteen (18) years old, you must have legal parental or guardian consent.

G. LIABILITY

You have certain rights under the law. Nothing in these Terms of Service is intended to affect these rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.

If Shopmium fails to comply with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of that failure or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to these Terms of Service, both we and you knew it might happen.

H. FORCE MAJEURE

Shopmium is not responsible for any failure to perform, or unreasonable delay in its performance of, any of its obligations herein that are directly or indirectly caused by or a result of, any events outside Shopmium's reasonable control, including, without limitation, war, terrorism, riots, natural disasters, labor strikes, and inability to obtain raw materials.

I. THIRD PARTIES

You and Shopmium shall be the only parties with any rights to enforce the Terms of Service and any documents expressly referenced herein.

J. SEVERABILITY

If any of the terms, conditions, or provisions of the Terms of Service or any documents expressly referenced herein are found to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions of the Terms of Service or any documents expressly referenced herein, which will continue to be valid and enforceable.

K. SHOPMIUM'S RIGHT TO VARY THESE TERMS OF SERVICE

Shopmium has the right to revise and amend the Terms of Service from time to time. You shall be subject to the Terms of Service in force at the time you make a Request unless: (i) any change is required to be made by applicable law or governmental authority (in which case it may apply to Requests previously made by you); or (ii) if Shopmium notifies you of a change to the Terms of Service prior to providing you with the Confirmation.

L. LAW AND JURISDICTION

The Terms of Service and any documents expressly referenced herein shall be governed by, and construed in accordance with, the laws of England and can bring legal proceedings in the English Courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.