1. OVERVIEW
This Terms of Service Agreement (this “Agreement”) is entered into by and between Company Information - I Found Deals Limited registered number13859727, registered office Suite B, Fairgate House, 205 Kings Roads, Tyseley, Birmingham, B11 2AA (“IFound”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
1.1 This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
1.2 Whether you are simply browsing or using this Site or purchase products or Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including Privacy Policy and the applicable product agreements, including any manufacturers or suppliers warranty or guarantee, which are incorporated herein by reference:
1.3 The terms “we”, “us” or “our” shall refer to IFound. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the products or Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.4 IFound may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
1.5 Your use of this Site or the products and Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the products or Services.
1.6 In addition, IFound may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. IFound assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
2.1 This Site and the products or Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the products or Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognised as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of England and Wales.
2.2 If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, IFound finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
2.3 IFound shall not be liable for any loss or damage resulting from IFound’s reliance on any instruction, notice, document or communication reasonably believed by IFound to be genuine and originating from an authorised representative of your corporate entity. .
2.4 If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, IFound reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
3.1 Accounts. In order to access some of the features of this Site or use some of the Services, (such as join the Affiliate programme) you will have to create an Account.
3.2 You represent and warrant to IFound that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.
3.3 If IFound has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, IFound reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
3.4 You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, IFound recommends that you change your password at least once every six (6) months for each Account.
3.5 You must notify IFound immediately of any breach of security or unauthorised use of your Account.
3.6 IFound will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss IFound or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.
3.7 Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
4.1 Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the products or Services on a twenty-four (24) hours a day, seven (7) days a week basis.
4.2 You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
4.3 You acknowledge and agree that we have no control over the availability of this Site or the products or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, IFound may offer new products or Services
5. GENERAL RULES OF CONDUCT
5.1 You acknowledge and agree that:
5.1.1 Your use of this Site and the products or Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
5.1.2 You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
5.1.3 You will not use this Site or the products or Services in a manner (as determined by IFound in its sole and absolute discretion) that:
5.1.4 is illegal, or promotes or encourages illegal activity;
5.1.5 promotes, encourages or engages in child pornography or the exploitation of children;
5.1.6 promotes, encourages or engages in terrorism, violence against people, animals, or property;
5.1.7 promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5.1.8 promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
5.1.9 infringes on the intellectual property rights of another User or any other person or entity;
5.1.10 violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
5.1.11 interferes with the operation of this Site or the Services found at this Site;
5.1.12 contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
5.1.13 contains false or deceptive language, or unsubstantiated or comparative claims, regarding IFound or IFound’s Services.
5.2 You will not copy or distribute in any medium any part of this Site or the products or Services, except where expressly authorised by IFound.
5.3 You will not modify or alter any part of this Site or the products or Services found at this Site or any of its related technologies.
5.4 You will not access IFound Content (as defined below) or User Content through any technology or means other than through this Site itself, or as IFound may designate.
5.5 You agree to back-up all of your User Content so that you can access and use it when needed. IFound does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
5.6 You will not re-sell or provide the products or Services for a commercial purpose, including any of IFound’s related technologies, without IFound's express prior written consent.
5.7 You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
5.8 You are aware that IFound may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which IFound is a party.
5.9 IFound reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
6. YOUR USE OF IFOUND CONTENT AND USER CONTENT
6.1 In addition to the general rules above, the provisions in this Section apply specifically to your use of IFound Content and User Content posted to IFound’s website (i.e., those sites which IFound directly controls or maintains).
6.2 The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
6.3 IFound Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“IFound Content”), are owned by or licensed to IFound in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under UK and foreign laws.
6.4 IFound Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of IFound.
6.5 No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. IFound reserves all rights not expressly granted in and to the IFound Content, this Site and the products or Services, and this Agreement do not transfer ownership of any of these rights.
6.6 User Content. Some of the features of this Site or the products or Services may allow Users to view, post, publish, share, store, or manage;
6.1.1 ideas, opinions, recommendations, or advice (“User Submissions”); or
6.1.2 literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).
6.7 User Content includes all content submitted through your Account.
6.8 By posting or publishing User Content to this Site or to the Services, you represent and warrant to IFound that;
6.8 1 you have all necessary rights to distribute User Content via this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (6.8 2 the User Content does not violate the rights of any third party. Security.
6.9 You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any IFound Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the IFound Content or the User Content therein.
7. IFOUND USE OF USER CONTENT
7.1 The provisions in this Section apply specifically to IFound’s use of User Content posted to IFound’s corporate websites (i.e., those sites which IFound directly controls or maintains).
7.2 The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
7.3 Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
7.4 With Respect to User Submissions. You acknowledge and agree that:
7.4.1 Your User Submissions are entirely voluntary;
Your User Submissions do not establish a confidential relationship or obligate IFound to treat your User Submissions as confidential or secret;
7.4 2 IFound has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions;
7.4.3 IFound may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
7.5 IFound shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
7.6 By posting or publishing User Content to this Site or through the Services, you authorise IFound to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
7.7 You hereby grant IFound a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and IFound’s (and IFound’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
7.8 You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site.
7.9 You understand and agree, however, that IFound may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
7.10 The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, IFound shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or IFound’s (or IFound’s affiliates’) business(es).
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
8.1 IFound generally does not pre-screen User Content (whether posted to a website hosted by IFound or posted to this Site).
8.2 However, IFound reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
8.3 IFound may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by IFound in its sole and absolute discretion), at any time and without prior notice.
8.4 IFound may also terminate a User’s access to this Site or the Services found at this Site if IFound has reason to believe the User is a repeat offender.
8.5 If IFound terminates your access to this Site or the Services found at this Site, IFound may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
9. ADDITIONAL RESERVATION OF RIGHTS
9.1 IFound expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by IFound in its sole and absolute discretion), including but not limited to the following:
9.1.1 to correct mistakes made by IFound in offering or delivering any Services;
9.1.2 to protect the integrity and stability of, and correct mistakes made;
9.1 3 to assist with our fraud and abuse detection and prevention efforts;
9.1.4 to comply with court orders against you;
9.1.5 to comply with requests of law enforcement, including subpoena requests;
9.1.6 to comply with any dispute resolution process;
9.1.7 to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or
9.1.8 to avoid any civil or criminal liability on the part of IFound, its officers, directors, employees and agents, as well as IFound’s affiliates, including, but not limited to, instances where you have sued or threatened to sue IFound.
9.2 IFound expressly reserves the right to terminate, without notice to you, any and all Services where, in IFound's sole discretion, you are harassing or threatening IFound/or any of IFound's employees.
10. NO SPAM; LIQUIDATED DAMAGES
10.1 No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
10.2 We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
10.2.1 Email Messages, Newsgroup postings, Windows system messages, Pop-up messages (aka "adware" or "spyware" messages), Instant messages (using AOL, MSN, Yahoo or other instant messenger programs), Online chat room advertisements, Guestbook or Website Forum postings, Facsimile Solicitations or Text/SMS Messages.
10.3 We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy.
10.4 Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages.
10.5 They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax.
10.6 Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
10.7 If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds.
10.8 The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the email in question.
10.9 We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by info@ifounddeals.com
10.1 Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
11.1 IFound supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to IFound’s Trademark and/or Copyright Infringement Policy referenced above and available here.
12. LINKS TO THIRD-PARTY WEBSITES
12.1 This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by IFound.
12.2 IFound assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.
12.3 In addition, IFound does not censor or edit the content of any third-party websites.
12.4 By using this Site or the Services found at this Site, you expressly release IFound from any and all liability arising from your use of any third-party website. Accordingly, IFound encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
13.1 You expressly acknowledge and agree that your use of this site and the products and services it supplied, found at this site, shall be at your own risk and that this site and the products and services found at this site are provided on an “As is”, “As available” and “With Faults”.
13.2 IFound, its officers, directors, employees, agents and all third party service providers disclaim all warranties, statutory, express or implied including, but not limited to, any implied warranties of title, merchantability, witness for any particular purposed non-infringment.
13.3 IFound, its officers, directors, employees and agents make no representations or warranties about;
13.3.1 The accuracy, completeness or content of this site;
13.3.2 The accuracy, completeness or content of any sites linked (through hyperlink, banner advertising, or otherwise) to this site, and/or
13.3.3 The services found at this site or any sites linked (through hyperlinks, banners banner advertising or otherwise) to this site and IFound assumes no liability or responsibility for the same.
13.4 You expressly acknowledge and agreed that no oral or written information pr advice provided by IFound, its officers, directors, employees or agents (including without limitation any customer service representatives), and any third party service providers will;
13.4.1 constitute legal or financial advice;
13.4.2 create a warranty of any kind with respect to this site or the products and services found at this sited users should not rely on any such information or advice.
13.5 This disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the products and Services found at this Site.
14. LIMITATION OF LIABILITY
14.1 IN now even shall officers, directors, employees and agents and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, including any that may result from;
14.1.1 the accuracy, inaccuracy, completeness or content of this site;
14.1.2 the accuracy, inaccuracy, completeness or content of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
14.1.3 the products or services found at this site of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
14.1.4 personal injury or property damages of any nature whatsoever;
14.1.5 third party conduct of any nature whatsoever;
14.1.6 any unauthorised access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein;
14.1.7 any interruption or cessation of services to or from this site or any sites link (through hyperlinks, banners banner advertising or otherwise) to this site;
14.1.8 any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites (through hyperlinks, banners banner advertising or otherwise) to this site;
14.1.9 any user content or content that is defamatory, harassing, abusive, harmful to monies or any protected class, pornographic, “X-rated”, obscene or otherwise objectionable; and/or
14.1.10 any loss or damage or any kind incurred as a result of your use of this site or the products and services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not IFound is advised of the possibility of such damages.
14.2 In addition You expressly acknowledge and agree that any cause of action arising out of or related to this Site or the products and Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
14.3 In addition, You expressly acknowledge and agree that in no event shall IFound’s total aggregate liability shall exceed £1,000,000.00.
14.4 The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the products and Services found at this Site.
15. INDEMNITY
15.1 You agree to protect, defend, indemnify and hold harmless IFound and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature(including, without limitation, reasonable legal’ fees) imposed upon or incurred by IFound directly or indirectly arising from (i) your use of and access to this Site or the products and Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
15.2 The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
16. DISCONTINUED SERVICES
16.1 IFound reserves the right to cease offering or providing any of the products or Services at any time, for any or no reason, and without prior notice.
17. FEES AND PAYMENTS
17.1 You acknowledge and agree that your Payment Method will be charged and processed by I Found Deals Limited registered number13859727, registered office Suite B, Fairgate House, 205 Kings Roads, Tyseley, Birmingham, B11 2AA
17.2 GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
17.2.1 You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services;
17.2.2 All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below.
17.3 IFound expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
17.4 Except as prohibited in any product-specific agreement, you may pay for Services by utilising any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), each a “Payment Method”.
17.5 Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
17.6 You acknowledge and agree that where refunds are issued to your Payment Method, IFound's issuance of a refund receipt is only confirmation that IFound has submitted your refund to the Payment Method charged at the time of the original sale, and that IFound has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.
17.7 You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
17.8 In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then IFound, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit.
17.9 In order to ensure that you do not experience an interruption or loss use of our Services, we offer an automatic renewal option. The automatic renewal option automatically renews the Service for a renewal period equal in time to the most recent service period, if your last service period is for one year, your renewal period will be for one year.
17.10Therefore, unless you disable the automatic renewal option, IFound will automatically renew the Service when it comes up for renewal and will take payment from the Payment Method you have on file with IFound at IFound’s current rate, which you acknowledge and agree may be higher or lower than the rates for the original service period.
17.11 In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and IFound shall not be liable to you or any third party regarding the same.
17.12 If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.
17.13 You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and IFound shall not be liable to you or any third party regarding the same.
17.14 If for any reason IFound is unable to charge your Payment Method for the full amount owed for the Services provided, you agree that IFound may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you.
17.15 IFound also reserves the right to charge you reasonable “administrative fees” or “processing fees” for;
17.15.1 tasks IFound may perform outside the normal scope of its Services;
17.15.2 additional time and/or costs IFound may incur in providing its Services; and/or
17.15.3 your noncompliance with or breach of this Agreement (as determined by IFound in its sole and absolute discretion).
17.16 Typical administrative or processing fee scenarios include, but are not limited to;
17.16.1 customer service issues that require additional personal time or attention; and/or
17.16.2 disputes that require accounting or legal services, whether performed by IFound staff or by outside firms retained by IFound;
17.16.3 recouping any and all costs and fees, including the cost of Services, incurred by as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor.
17.7 These administrative fees or processing fees will be billed to the Payment Method you have on file with IFound.
17.8 Refund Policy: Products and Services available for refunds are described here (“Refund Policy”).
17.9 For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase (“Refund Period”). For refunds requested after the Refund Period, an in-store credit will be issued.
17.10 PAY BY PAYPAL
By using IFound ’s pay by PayPal payment option (“PayPal”), you can purchase products and Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
17.11 It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor IFound shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and IFound may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of £25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
17.12 By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorise a debit of the full amount of your purchase from your PayPal Account or PayPal 1 confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Hostinger may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Hostinger reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Hostinger will be net of the IPP Fees unless otherwise specified.
(D) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorise IFound to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, IFound may utilise any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, IFound is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase.
(E) REFUNDS AND RETURNS
The User must refer to the Refunds and Returns policy of the Product or Services supplied, each Product or Service Provider displays their Returns and Refund policy on each offer made available through the site to the User.
(F) VOUCHERS
Any voucher provided to the User are valid for a period of One (1) Year.
18. SUCCESSORS AND ASSIGNS
18.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
19. NO THIRD-PARTY BENEFICIARIES
19.1 Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. The Contract (Rights of Third Parties) Act 1999 does not apply.
20. COMPLIANCE WITH LOCAL LAWS
20.1 IFound makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
21.1 The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. CONTACT INFORMATION
22.1 If you have any questions about this Agreement, please contact us by email or regular mail at the following address: IFound Limited, registered address 60 Fellows Court, Weymouth Terrace, London, E2 8LP and info@ifounddeals.com
23. Dispute Resolution
23.1 If a dispute arises in relation to this Contract, the parties will attempt to settle it by negotiation between their respective authorised representatives. If the Parties have not settled the dispute by the means of negotiations, within 14 (fourteen) days the Parties agree that any dispute, claim or controversy arising out of or in connection with this contract or breach, termination, enforcement, interpretation, or validity thereof, or use of the Services (Collectively “Disputes”) shall be submitted to arbitration and will be settled, by arbitration, such settlement shall be binding upon each party. If the Parties do not agree upon an Arbitrator, either Party may request a nomination from an independent Arbitration Service, such as CEDR. It is agreed that both Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of that Parties rights.
24. Notices
24.1 All notices, requests, demands and other communications hereunder must be in writing and will be deemed given (a) if delivered personally, on the date given, (b) if sent by facsimile transmission, on the in writing and date transmitted if the transmission is confirmed in good order by the transmitting machine, (c) if delivered by a courier express delivery service, on the date of delivery; (d) if by certified or registered mail, postage prepaid, return receipt requested; (e) confirmed email delivery, three (3) days after mailing, (in each case) to the applicable party at the addresses in the introductory paragraph of this Agreement, or at such other addresses as such party may designate by written notice in the manner aforesaid given at least thirty (30) days prior to the effective date of such change.
25. Survival
25.1 Any clause which by its content is intended to survive termination of this Agreement, shall do so, howsoever this Agreement is terminated.
26. General Terms
26.1 ENTIRE AGREEMENT -This entire Agreement and any other terms referred to within it contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed IFound.
26.2 ASSIGNMENT - This Agreement shall be binding upon and inure to the benefit of Assemble You and IFound. The Affiliate may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party, or transfer any of the license rights granted hereunder, without the prior written consent of IFound.
26.3 Any attempted assignment or transfer in violation of the foregoing will be void.16.4 IFound may freely assign this Agreement, or subcontract or otherwise delegate its obligations hereunder, in whole or in part, to any third party, provided that such third party assignee agrees in writing to be bound by the terms hereof. 16.5 WAIVER - The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
26.6 FORCE MAJUERE - ; IFound shall not bear any any liability for any failure or delay in the performance of its obligations under this Contract if such delay or failure to perform is due to any Force Majeure, for the purpose of this Contract Force Majeure shall be defined as;
26.6.1 any act, omissions, cause or circumstance beyond the reasonable control of IFound, this to include without any limitations; Acts of God, War, National Emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute, ( whether or not involving either parties work force ), earthquake, flood, drought, epidemic, pandemic, fire, explosion, act of terrorism, or any other act ordered by any government, council or constituted body.
27. Law and Jurisdiction
27.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.
27.2 These Terms and Conditions and any contract made in accordance with them will be subject to and construed in accordance with the Laws of England and Wales and any Party to them will submit to the exclusive Jurisdiction of the Courts of England and Wales.
Company Information - I Found Deals Limited registered number13859727, registered office Suite B, Fairgate House, 205 Kings Roads, Tyseley, Birmingham, B11 2AA