Terms & Conditions
YOUR ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Koupons on the World Wide Web of the Internet (the “Web”), Which consists of information services, content and transaction capabilities facilitated through Koupons , affiliates of Koupons or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants premises and other third parties.
This Agreement sets out the terms and conditions that do apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), The End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are disturbances in service or events that are beyond the control of Koupons , and Koupons shall not be responsible for any informational data which is lost whilst transmitting data on the Internet. While it is Koupons objective is to make the Site available 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Koupons, access to the Site may be interrupted, suspended or terminated from time to time.
Koupons shall have the right at any time to change or discontinue any detail or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Koupons may discontinue to display any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal features.
You represent that you are of legal age to form a legally binding contract. You must be at least 18 years old to be allowed to use the Site. However, if you are at least 13 years old but not yet 18, you may still use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to view and to use this Site and all charges related thereto. Koupons shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Koupons , its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5 . Disclaimer .
END USER COMPLETELY AGREES THAT USE OF THIS SITE AND ANY OF OUR CONNECTED SITES IS AT END USER’S SOLE RISK. NEITHER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COUPON PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND OUR ASSOCIATED SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOUPONS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability.
IN NO EVENT SHALL KOUPONS , BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL KOUPONS LIABILITY IN CONNECTION WITH A PURCHASE OF A KOUPONS VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH KOUPONS VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
KOUPONS shall have the right, but not the obligation, to monitor the content of the Site and any associated sites at all times, including any chat rooms and forums , blogs, that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by KOUPONS , as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, KOUPONS shall have the right, but not the obligation, to remove any material that KOUPONS , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant.
By posting comments on or through this Site or any associated site, End User shall be deemed to have granted to KOUPONS a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the comment alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless KOUPONS , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or associated sites. To the extent permitted under applicable rule of law, End User hereby releases KOUPONS from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a coupon, and any conduct or speech, whether online or offline, of any other user.
KOUPONS may end this Agreement at any time. Without limiting the foregoing, KOUPONS shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which KOUPONS in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 ,13 ,14 will survive termination of this Agreement.”
Koupons is a trademark of Online Web Attractions . All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on KOUPONS are the property of their respective owners.
13. Third-Party Content.
KOUPONS , similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, KOUPONS has no more editorial control over such content than does a public library, bookshop or news agents. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of KOUPONS .
In many cases, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with KOUPONS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on KOUPONS by anyone other than authorized KOUPONS employee spokespersons while acting in official capacities. Under no circumstances will KOUPONS be liable for any loss or damage caused by an end user’s reliance on information obtained through KOUPONS . It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through KOUPONS .
KOUPONS contains web links to third-party websites maintained by other content providers. These web links are provided solely as a convenience to you and not as an endorsement by KOUPONS of the contents on such third-party sites, and KOUPONS hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with KOUPONS expressly allowing you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. KOUPONS reserves the right to revoke its consent to any link at any time in its sole discretion.
14. Miscellaneous Items
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for KOUPONS established by KOUPONS , constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining parts of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
II. SALE TERMS
The coupon or coupons that you purchase through KOUPONS are redeemable for goods or services by the Merchant. The Merchant, not KOUPONS , is the seller of the coupon and the goods and services and is solely responsible for redeeming any coupon you purchase. KOUPONS sells a coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and drinks available to purchasers of coupon.
- Redemption frequency is determined by Restaurants, and shall be contained in the coupon offer on the Site.
- Use of Restaurant-Specific coupon for alcoholic drinks is at the sole discretion of the Restaurant and is subject to compliance with applicable law
- coupon cannot be combined with any other restaurant coupon, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
- Restaurant-Specific coupon cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dining in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither KOUPONS nor the Restaurant is responsible for lost or fraudulently obtained coupon or restaurant coupon reference numbers.
- Reproduction, sale or trade of a Restaurant-Specific coupon is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific coupon void.
- Void to the extent prohibited by law.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
- Merchant coupon may be applied only to goods and merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) coupon per redemption. Only one coupon can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither KOPUPONS nor the Merchant is responsible for lost or fraudulently obtained coupon or coupon’s code number.
- The coupon cannot be combined with any other coupon, voucher, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- Reproduction, sale or trade of this coupon is strictly not allowed unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the coupon null and void.
- Void to the extent prohibited by law.
3. Additional Terms and Conditions for all Koupons Vouchers.
All coupons shall be subject to the terms and conditions of KOUPONS and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific coupon is the Restaurant. The holder and issuer of a Merchant coupon is the Merchant. As a holder and issuer of the coupon, the Restaurant or 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 Restaurant or the Merchant, as well as for any unclaimed property liability from unredeemed coupon or portions thereof. You waive, and release KOUPONS and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a coupon or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the coupon or any portion thereof. Restaurant-Specific coupon and Merchant coupon are redeemable wholly in thincrementally.eir entirety and on a one time basis only and may not be redeemed.