Terms & Conditions - App Purchasers
1.1 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. We are a company called Feast On A Budget, currently operating within the United Kingdom and we are the owner of this website and associated application.
1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you purchase an App. All amendments to these terms and conditions will be posted on-line via our blog.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 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:
2.1.1 "Merchant" means a third party seller of goods and services for which a Voucher can be redeemed. This is typically a Restaurant, Cafe or Bar service provider.
2.1.2 "Purchase" means the purchase of an App.
2.1.3 "App" means application available for download from the iTunes Appstore or Google Playstore.
2.1.4 "Service" means all or any of the services provided by Feast On A Budget via the Website (or via other electronic or other communication including an App provided by Us) including the information services, content and transaction capabilities on the Website and/or app (including the ability to make a Purchase).
2.1.5 "Discount" is subject to these terms and conditions, which entitles you (but not anyone else) to redeem it at a particular Merchant in exchange for discounts offered by that Merchant.
2.1.6 "Website" means the feastonabudget.com website.
3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 Applicability of these terms and conditions: Use by you of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 Age: To use the Service and make any Purchase of an App, you must be 18 years of age or over.
3.3 Place: The Website and the Service and any Purchase are directed solely at those who access the Website from the UK.. We make no representation that the Service (or any goods or services) are available at any other location other than that listed on the Website.
3.4 Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or to make any Purchase. To use the Website or Service or to make a Purchase, 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.
4.1 You do not need to Register to use much of the functionality of the Website or to access our service. Any App purchase or in-app purchase will require you to be registered with the company where the App can be downloaded.
4.2 We may collect your email address if you send us an enquiry or communicate with our Website or email address.
4.3 In the event that we collect your email address we may on occasion send you a newsletter regarding our services and any general information relating to our Company.
4.4 Your privacy is important to us and we will never ask you for your personal information in an email.
4.5 We will never disclose your personal information to a third party.
4.6 We will never under any circumstances sell your information to a third party.
4.7 Emails: Subject to the following, if we have your email address, we may send you administrative and promotional emails. We may send you information regarding your activity and purchases, as well as updates about the Website and Service and Merchants as well as other promotional offers. If you do not wish to receive promotional e-mails, you can send an ‘unsubscribe-request’.
5. PURCHASE OF APPLICATION
5.1 Feast On A Budget sells Applications via the Website through the iTunes Appstore and Google Playstore that can be redeemed as discounts from our Merchants.
5.2 For a total cost of 6.00 gbp you will receive a downloaded Application to your mobile. Each Application has 20 or more restaurant discounts each to the value of up to 10 gbp per voucher, giving you a total saving overall of up to 200 gbp.
5.3 When a Voucher transaction is complete: The Merchant will swipe the Voucher on the App that relates to their discount. Your discount will then be applied to your bill at the time of purchase. Each Voucher discount depends on the Merchant provider's terms but will be up to the value of 10 gbp..
5.4 There is no "Right To Cancel" this Purchase. Once you have paid to download the Application there can be no refund as the Application is available through a third party provider such as iTunes and Google.
5.5 This Agreement applies: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.6 Redemption: Once you have made a Purchase, the Discount is redeemable by you from the Merchant stated on the Coupons listed in the Application. The Discount for which the Coupons can be redeemed will be stated on the Application.
5.7 Coupon redemption period: All Coupons are valid for the term that our Merchants are partnered with us. The Merchant has an agreement with Us that is renewable on an annual basis. The Coupon is valid during the time that the Merchant is one of our 'Restaurant Partners'. If the Merchant chooses to unsubscribe after 12 months, the Coupon will no longer be valid. The Merchant is required to give 2 (two) months notice, in which case we will advise via blog, email and social media of the Coupon's expiry date with the particular Merchant. The Coupon must be redeemed within the time that the Merchant is our partner. This will never be less than 2 (two) months from purchase of the Application.
5.8 No negotiation will be entered into if the Coupon is not redeemed and the Merchant is no longer available.
5.9 Responsibility: The Merchant, and not Feast On A Budget is:
5.9.1 the supplier of the service at time of redemption;
5.9.2 solely responsible for supplying you with goods and services at their location; and
5.9.3 solely responsible for redeeming any Discount you Purchase from Us.
5.10 We do not act as an agent for the Merchant. Where a service includes the sale and/or supply of alcohol, that sale and/or supply is made by the Merchant and not by us and the Merchant is responsible for complying with all applicable laws relating to that sale/supply.
5.11 Discounts are redeemable in their entirety only and may not be redeemed incrementally.
5.12 Combination: It is at the discretion of the Merchant to determine whether Discounts can be combined with any other promotions, vouchers, third party certificates or coupons.
5.13 Expiry: The Coupon is redeemable while the Merchant is still a partner of Feast On A Budget. See clause 5.7.
5.14 It is Your responsibility to make a booking or organise a time with the Merchant. Feast On A Budget is not liable for any issues arising from Merchant availability.
5.14 Status of vouchers: All Discounts are promotional and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
5.16 Value Added Tax: The price for the Application is inclusive of any VAT.
5.17 All monetary transactions made by customers are strictly via their Application provider only. - that is iTunes Appstore or Google Playstore.
In certain circumstances you will be entitled to a refund:
a) If you attempt to redeem discounts and our partners refuse; and
b) You attempt to redeem 3 or more vouchers and don't receive discounts up to the value of the downloaded app i.e. 6.00 gbp; and
c) You are unable to use the voucher at a future date as you will no longer be in the region;
then we will refund you up to 2.00 gbp for the inconvenience. Unfortunately part of the app proceeds are non-refundable due to third party providers.
7. YOUR OBLIGATIONS
7.1 Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
7.2 Content on the Website and Service and Vouchers: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
7.3 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
7.3.1 to send or receive any material which is not civil or tasteful;
7.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
7.3.3 to send or receive any material for which you have not obtained all necessary licences 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;
7.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
7.3.5 to cause annoyance, inconvenience or needless anxiety;
7.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7.3.7 for any fraudulent purpose;
7.3.8 other than in conformance with accepted Internet practices and practices of any connected networks; or
7.3.9 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.
7.4 Forbidden uses : sending 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;
7.4.1 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
7.4.2 ending malicious email, including flooding a user or site with very large or numerous emails;
7.4.3 entering into fraudulent interactions or transactions with us 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);
7.4.4 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
7.4.5 unauthorised use, or forging, of mail header information;
7.4.6 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
7.4.7 engage in any conduct which restricts or inhibits any other customer from properly using or enjoying the Website and Service.
8.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
8.2 any claims or legal proceedings which are brought or threatened against us by any person arising from:
i) your use of the Service or Website;
ii) the use of a Voucher;
iii) the use of the Service or Website; or
8.3 any breach of this Agreement by you.
10.1 We may place advertisements in different locations on the Website and at different points during your use of the Service. We will always clearly distinguish third party advertisements for goods and services from the goods and/or services which are the subject of a Voucher and will be supplied by a Merchant when you redeem a voucher from the App purchased by you.
10.2 You are free to select or click on advertised goods and services or not at your discretion.
10.3 No personal data (for example your name, address, email address or telephone number) will be used if you click on any advertising links on the Website on promotional emails. However, on our behalf, a third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser.
11. LINKS TO AND FROM OTHER WEBSITES
11.1 Where the Website contains links to third party sites and to resources provided by third parties, those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, 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 websites linked to the website, you do so entirely at your own risk.