PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms and Conditions ("Terms and Conditions") between you ("you", "your", "purchaser") and Lync Marketing Ltd trading as LyncMeUp (referred to as the "Company," "we," or "us") with respect to your use of this web site at www.LyncMeUp.com ("Site"). Please review the following terms carefully.
LyncMeUp is an online marketplace whereby local retailers and merchants can market promotional discount offerings of their products and services to you and others (the "LyncMeUp Service"). The Site contains, among other things, text, surveys, audio-visual works, communications, content, information, communications, postings, editorial, samples, materials, products, services, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content"). The Services and Site are collectively referred to here as “LyncMeUp”.
By accessing, using or downloading any Content from this Site or otherwise using LyncMeUp, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site, use or download Content from this Site or otherwise use the LyncMeUp Service. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
1. Our Services
LyncMeUp provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Voucher"). Merchants are willing to offer an attractive deal to reach the LyncMeUp community.
1.1 How does it work?
By submitting a bid, you are committing to purchase the Voucher on the terms, restrictions and conditions specified for that Promotional Offer and that such commitment is not cancelable by you unless the Conditions are not met; in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. Your credit card will be automatically charged for the stated price on the Promotional Offer once the Conditions have been satisfied without further notice or required consent from you.
If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void. When your purchase of a Promotional Offer is successful, we will notify you by email when the Voucher is ready to be used. Unless stated otherwise, if the deal ends on a weekday then the Voucher will be sent a day after it ends, if it ends on a Friday/weekend deal, the Voucher will be sent on Monday, if not sooner. The Voucher will contain a unique Voucher number and Redemption Code and this must be printed and returned to the Merchant for redemption. Once the Voucher’s redemption code is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid.
1.2 The Voucher
Each Promotional Offer (Voucher) combines two separate portions: (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 Promotional Offer if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Promotional Offer 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. To be clear, all Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to this Agreement and to any terms and conditions of the relevant Merchant, detailed before purchase in the 'Fine Print'.
1.2.1 Easy redemeption system
When the fine print of the deal states 'Easy redemption' it means that we've simplified the way your voucher is redeemed for that deal. All you need to do is enter your shipping details when buying the deal at checkout, we'll then pass your name, voucher number and delivery details to the merchant to redeem your voucher whereby they will then dispatch the item on your voucher for delivery. This saves you time and the hassle of remembering to redeem the deal - the product will just arrive in the timeframe contained in the fineprint. If there's ever a problem with the item or it's not delivered in time, just drop us an email and we'll make sure you get the product you wanted or your money returned.
1.3 Expiration dates
The expiration date for a Voucher is as printed on the Voucher.
You are able to modify or cancel your order before the deal ends by accessing the "My Account" page. However, once a deal ends, your credit card will be charged.
1.5 Deal Specific Terms
Each Promotional Offer has specific terms associated with it, which will be presented to you at the time you commit to purchase the particular Promotional Offer. These Promotional Offer Specific Terms are found in the 'Fine Print' section on the deal page. Promotional Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
1.6 General Terms
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 Voucher, except as required by law,
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
• use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither LyncMeUp nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
• duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased,
• the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
1.7 Gift Cards
”Gift Cards” are a form of LyncMeUp currency that may be applied as a credit towards future LyncMeUp purchases. There are two types of three types of Gift Cards: Paid Gift Cards, which you may purchase in certain incremental values (either as gift bucks or otherwise), Earned Gift Cards, which are awarded to you from time to time as loyalty rewards or as customer service deems appropriate, and Promotional Gift Cards, which are given to certain customers in connection with a specific promotion, contest or sweepstakes. Promotional Gift Cards expire in accordance with the terms of the particular promotion. Paid and Earned Gift Cards expire three months after the date of purchase or issuance, except where expiration of Paid Gift Cards is prohibited by law. Paid Gift Cards will be applied toward future LyncMeUp purchases before Earned Gift Cards, even if the Earned Gift Cards expire first. Promotional Gift Cards however will always be applied first due to their short term expiration. Additionally, all Gift Cards may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional Gift Cards. Gift Cards are not returnable or refundable for cash, except where required by law. Resale of Gift Cards is strictly prohibited.
After purchasing, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your purchases and account activity, as well as updates about the Website and Service. (Of course, you can easily opt-out of our promotional emails at any time by clicking ‘unsubscribe’ found at the bottom of such emails.)
1.9 Referral Credit
All deals on LyncMeUp.com are eligible for referral credit (except the ones that are lesser than £6 or as stated in the fine-print of the deal). For every person that buys their first deal within a month of clicking your recommendation link, we'll credit your account with £6.00! This credit will be automatically applied after 7 days of their purchase and you can use this credit toward your next purchase. You can refer as many people as you like. Check your balance by clicking My Stuff > My Transactions. We reserve the right to refuse or withdraw credit when the recommendation function is being abused.
2. Merchant Responsibility
To be clear, LyncMeUp markets the Promotional Offers 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 Promotional Offer, 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.
3. Promotional Offer Availability
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. LyncMeUp reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. LyncMeUp does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
You acknowledge that all Promotional Offers and Content are owned exclusively by the Company. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Company hereby grants you the right to view and use the LyncMeUp Services in accordance with these Terms and Conditions. You may download and/or print a copy of the Content, specifically confirmation of the purchased Voucher for your redemption (the "Permitted Uses"). Unless otherwise stated on the Promotional Offer, Vouchers shall not be transferred or resold or will be deemed void. You agree to use the LyncMeUp Service lawfully and only for the Permitted Uses. No other use of the LyncMeUp is permitted. You shall not reuse or electronically reproduce or make derivative works from any Voucher in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without Company's prior written consent in each instance.
All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of LyncMeUp, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
7. Usage Rules
We reserve the right to deny you access to any and all parts of this Site or the LyncMeUp Service and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes.
In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for all bids and shall be obligated to consummate any transaction where the Conditions or met on a Promotional Offer you bid on. Additionally, your account will contain your credit card information. You shall be responsible to keep your user name and password confidential and that Company is not responsible for any unauthorized use of your account caused by your own negligence. If the Company provides a comment or feedback capability on the Site, you may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information.
This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) Use by Minors Under The Age of 18.
This Site is intended for adults who have authority and capacity to commit to entering into transactions with Merchants and purchasing the Promotional Offers. MINORS UNDER THE AGE OF EIGHTEEN ARE REQUIRED TO HAVE THEIR PARENT OR GUARDIAN SUBMIT THE BID FOR THE PROMOTIONAL OFFERS.
(d) No Monitoring.
This Site and the Content on it (whether generated by Merchants or by users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in the communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
(e) Unauthorized access.
You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Interference with Other Users' Use.
You shall not interfere with other users' use of the Site or the LyncMeUp Service, including, without limitation, disrupting the normal flow of communication concerning user comments, spamming or otherwise using abusive tactics to deter others from commenting on Promotional Offers.
(g) Harmful Code.
You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(h) Abusive Conduct.
You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(i) Unsolicited Communications Prohibited.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
7. No Review of Postings
The Company does not and cannot review, and is therefore not responsible for, any comments posted to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY PORTION OF THE SITE SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.
LyncMeUp will provide a refund of the purchase price paid by you for any Promotional Offer within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. If you do want to refund, you must do so by sending us an email to tell us at: email@example.com or writing to us. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
9. Procedures for Claimed Copyright Infringement
We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others' intellectual property rights will not be tolerated and may result in the termination of the infringing party's account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any user posted comments or materials are repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and
• Our agent may be contacted as follows: info@LyncMeUp.com
10. Data Back-Up; Site Downtime; Security
We are not responsible for backing up your data or other type of data attributed to your use of the LyncMeUp Service. The right to use this Site is personal to you and is not transferable to any other person or entity. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the Company's control, and Company shall not be responsible for any data lost while transmitting information on the Internet. Additionally, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.
COMPANY DOES NOT GUARANTEE THAT YOUR ACCESS TO THIS SITE WOULD BE UNINTERRUPTED, ERROR-FREE OR TERMINATED FROM TIME-TO-TIME. OR THAT IT WILL MAINTAIN DATA LOGS ON ALL VOUCHERS PURCHASED BY YOU. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL VOUCHER INFORMATION, INCLUDING REDEMPTION CODES, AND EXPRESSLY AGREE THAT COMPANY WILL HAVE NO LIABILITY WITH RESPECT TO LOST VOUCHER CODES.
We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class RoyalMail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid RoyalMail or overnight courier to the following address:
Lync Marketing Ltd
145-157 St John Street
London, EC1V 4PY, UK
a. Geographic Disclaimer.
b. Disclaimer of Warranties
This site, the content and the LyncMeUp services are provided "as is", without any warranties of any kind, expressed or implied, including, without limitation, all implied warranties of merchantibility, fitness for a particular purpose., title, and non-infringement, with regard to the content, the promotional offers, and any underlying products and/or services and all other information contained on and/or made available through this site, including but not limited to the availability of this site, lack of viruses, worms, trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the site or access thereto by users. We do not guarantee the timeliness, validity, completeness or accuracy of the content. Although we may update the content on this site from time to time, please note that information contained herein may be out of date and/or may contain inaccuracies or typographical errors. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or User Generated Content by you, or (b) your use of the Content, the Site and/or LyncMeUp Services; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
15. Waiver, Release and Limitation of Liability
You agree that none of the protected parties shall have any liability to you under any theory of liability or indemnity in connection with your use of the site. You hereby release and forever waive any and all claims you may have against the protected parties (including but not limited to claims based upon the negligence of any of the protected parties) for losses or damages you sustain in connection with your use of the site.
Notwithstanding the foregoing paragraph, the total liability of the protected parties, if any, for losses or damages shall not exceed the marketing fees collected by the company from the merchant for that specific voucher purchased by the user. In no event shall any of the protected parties be liable to you for any indirect, special, incidental, consequential or punitive arising from any use of this site or the content even if the protected parties have been advised of the possibility of such damages.
None of the protected parties will be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, loss of voucher codes, breach of warranty by merchants, dissatisfaction of a merchant’s products and / or services, failure to meet the restrictions set forth in the promotional offer, damages or losses you incur in the event of any failure or interruption of this site or our equipment, or resulting from the act or omission of any other party involved in making this site and/or LyncMeUp services available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the site, the content, the LyncMeUp services or submit a bid for a promotional offer, whether or not the circumstances giving rise to such cause may have been within the control of any of the protected parties.
Some jurisdictions do not allow the exclusion of damages or limitation of liability as set forth above, so this limitation of liability may not apply to you. If any part of this limitation does not apply to be invalid or unenforceable, for any reason, than under those circumstances, the aggregate liability of the protected parties shall not exceed one hundred (£100) pounds. If any remedy hereunder is determined to have failed of its essential purpose; all limitations of liability, disclaimers of liability, and exclusions of liability shall remain in effect.
16. Third Party Rights
The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. User Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, you may have a parent or guardian accept these terms on your behalf. You agree to be financially responsible for your use of the LyncMeUp Service (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
All returns of underlying redeemed products and services shall be conducted through the Merchant. The Company may, in its sole discretion, investigate any complaints by end users, but will not be financially responsible to refund payments.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at London, United Kingdom, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between LyncMeUp and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
BY REGISTERING ON THIS SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.