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This ‘Use of Voucher’ Agreement (this “Agreement”) is entered into by and between Company Information - I Found Deals Limited registered number 13859727, registered office Suite B, Fairgate House, 205 Kings Roads, Tyseley, Birmingham, B11 2AA (“IFound”) and you, the ‘User’ and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
This Agreement sets forth these Terms and Conditions of Vouchers delivered ti users if the Site(individually and collectively, the”Vouchers”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the delivery of Products and Services through the Site.
Definitions In these terms and conditions:
“Account Credit” any IFound credit will be placed in a Wallet in the User’s (You) account.
“Deal - Voucher” is a Voucher which will redeem for the Main Offer Deal against which you purchased it after a certain time period. A Deal Voucher as the deal information will be clearly detailed own the Voucher.
"Deal Page" means the page on the Site which outlines the Main Offer Deals including details of the Merchant and the Voucher Products offered by the Merchant.
"Expiry Date" means the expiry date on any Voucher after which the Voucher is no longer valid and cannot be redeemed at (i) any Merchant or (ii) for a replacement Voucher or (iii) as an IFound Credit.
“IFound Products" means the goods offered and supplied by IFound.
“IFound Deals" means the goods and services which may, from time to time be offered and supplied by Found where we state on the deal
“IFound Credit" means a gift card issued by IFound which can be exchanged for a Voucher or agreed deal.
"Merchant" means the seller of the goods and/or services on the IFound Website
"Merchant's Terms and Conditions" means terms and conditions displayed by the Merchant in relation to the supply of any Voucher Products or Services.
"Returns" means the returns information as detailed b y the Merchant or in the IFound User Terms and Conditions.
“Special Voucher Terms” means terms and conditions relating to the supply of the Voucher Products and redemption of the Vouchers as set out on the Deal Page under the headings “Special Voucher Terms" and “Full Voucher Terms” including, but not limited to, the Merchant's Terms and Conditions.
“User” any person or entity who makes any purchase, whether a voucher or dire ct deal from the IFound Website
"Voucher" means a voucher which you may redeem (i) at a Merchant who agrees to accept the voucher in exchange for products and services offered by theMerchant; or (ii) for another deal; or (iii) as an IFound Credit.
"Voucher Contract" means these Terms and Conditions and any additional Terms on the Voucher issued formed between the User (You) and IFound when a voucher is issued to you for redemption at a Merchant.
"Voucher Products" means the goods and/or services which are offered by a Merchant
1. GENERAL TERMS AND CONDITIONS
1.1 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.
1.2 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.
1.3 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.
1.4 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.
1.5 IFound’s, nor its officers, directors, employees and agents and all third party service providers, be not 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;
1.5.1 the accuracy, inaccuracy, completeness or content of this site;
1.5.2 the accuracy, inaccuracy, completeness or content of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
1.5.3 the products or services found at this site of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
1.5.4 personal injury or property damages of any nature whatsoever;
1.5.5 third party conduct of any nature whatsoever;.
1.5.6 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;
1.5.7 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;
1.5.8 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;
1.5.9 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
1.5.10 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.
1.5.11 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.
1.5.7 In addition, You expressly acknowledge and agree that in no event shall IFound’s total aggregate liability shall exceed £1,000,000.00.
1.5.8 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.
2. VOUCHER PURCHASE
2.1 When Purchasing a Voucher, chose your Voucher deal or voucher amount and place the voucher in the check out basket. The basket total will be as shown on the checkout page. Payment via the available Payment Provider.
2.2 After placing an order for Voucher deal or Voucher value, you will receive a receipt our Payment Provider confirming your order.
2.3 The contract between us ("Voucher Contract") will only be formed when IFound issue sthe Voucher to you. All receipts should be retained.
2.4 Found reserves the right to change, modify, substitute, suspend or remove any information relating to any Voucher Deal advertised on the Site at any time before a Voucher Contract is formed.
2.5 After an IFound Voucher has been issued, you may choose how to redeem your Voucher.
5. RECORD KEEPING - We must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.
5.1 You must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review. You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses policy and specifically record the reason for the expenditure.
5.2 All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept "off-book" to facilitate or conceal improper payments.
3. REDEEMING YOUR VOUCHER
3.1 Once any User (You) has received an Found Voucher it will have the details of the Voucher Deal or value on the Voucher on the Voucher. It will also detail the Merchants who will accept the Voucher Deal or the Voucher payment against their goods and services.
3.2 The emails ent to the User (You) will explain how to redeem the Deal Voucher or the value of the Voucher, you may also exchange the Voucher for an IFound credit against future goods and services.
3.3 The Voucher is valid until the Expiry Date which will be displayed on the Voucher and will also be the expiry date of any c credit obtained against the Voucher.
3.4 After the Expiry Date the Voucher will be void and have no value and the (i) the Merchant will not provide the Voucher Deal or any produce ts or services again the Voucher; (ii) IFound will not accept a request to redeem for another voucher; (iii) Found will not accept a claim to redeem the Voucher for an IFound Credit; and (iv) you will not be able to receive a refund for your Voucher.
3.5 When you redeem any Voucher with a Merchant you enter into a separate contract with the Merchant, and the Merchant Terms and Conditions prevail at all time after redemption . The Voucher Products are provided by the Merchant named on the Voucher in accordance with clause 3.1. The Merchant has a legal duty to supply the Voucher Products in conformity with these terms.
3.6 As the User (You) you expressly agree that the Merchant is solely responsible for:
3.7 All Vouchers are sold subject to the description of the Deal, which will sets out additional specific conditions related to that Voucher Deal and the products or services supplied through it, including, without limitation, terms and conditions concerning estimated delivery dates and times, availability and warranties (each as applicable). The details and descriptions are provided to us by the Merchant and Found has no lability for any inaccuracies.
3.8 Any information appearing on this Site is subject to change and may not reflect the the deal available when the User (You) you placed the Voucher Contract.
3.9 The images of the Deal Voucher Products on the Site are for illustration purposes only and the User (You) may not place any reliance upon them. Products may vary from those images.
3.10 In respect of goods and services, Found make every reasonable effort to display the Voucher Products accurately, IFound does not guarantee that its website nor any device used to display the website accurately reflects the colour of the goods. The packaging or presentation of the goods may also vary from that shown in images on the Site.
3.11 IFound reserve the right to cancel any Voucher, at our discretion, if we believe that a voucher has been reproduced, sold on or traded with another person or entity.
3.12 A Merchant may, at its sole discretion or permit purchases with combined or multiple vouchers or accept a Voucher for an alternative product or service but there will be no refund if the full value of any Voucher is not used. No instalment payment will be accepted though the use of any Voucher.
3.13 Neither IFound nor the Merchant are responsible for lost, stolen or defaced Vouchers.
Experience Gift Voucher
3.14 Any Experience Gift Voucher(s) purchased may presented as a gift, on check out you will be required to give the d details of the person whom the Voucher is being gifted too.
3.15 The Voucher will have a Gift Code which will be requested upon redemption.
3.16 When Experience Gift Voucher is redeemed by the recipient, gift credit is added to their account, matching the value of the Experience Gift Voucher.
3.17 Recipient can redeem gift credit against a range of experiences, experience may subject to availability and age limitations and they will be detailed on the Voucher.
3.18 Experience Gift Voucher is valid for the period shown on the voucher and may vary dependent on the experience purchased. After the expiry date (i) the voucher can no longer be gifted (ii) the voucher can no longer be redeemed by the recipient (iii) the credit credited to the recipient will be removed from the account (iv) the voucher is deemed as invalid and the Experience Gift Vouchers are non-refundable once redeemed.
7. WHAT TO DO IF YOU ARE A VICTM OF BRIBERY OR CORRUPTION - It is important that you tell a director as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.
4. IFOUND CREDIT
4.1 Any IFound Credit will be displayed in the User’s (You) account in a Wallet.
4.2 There are three types of IFound Credits: (i) Redeemed IFound Credit which is a Credit that you have received when you have chosen to redeem you Voucher for a Credit or when you have redeemed an Found Gift Card; (ii) Promotional Credit which is an Found Credit that has been given to you as part of a promotion, an incentive, a goodwill gesture or as a competition prize and which will usually have a short validity period; and (iii) Refund Credit which is an IFound Credit that you receive when you have been refunded I and the funds placed in your account Wallet.
4.3 The User (You)can see the current balance in the Users account placed in the Wallet and the historical balance by logging onto the Site and viewing the "My Account" pages.
4.4 Save for as set out in clause 4.5 below, any credit in your account Wallet will expire (i) at midnight on the day of expiry (date set out in either the Voucher or in the communication) (ii) if no date is set out when the Credit was provided, the Credit three (3) months from the date of the Credit being placed in there Account Wallet.
4.5 Where a User (You) has redeemed an IFound Gift Card an IFound Credit, the Credit will expire Twelve (12) months after you have redeemed the IFound Gift Card.
4.6 Ant Credit held in the ~Users account will be used against the next purchase made by the User unless the Merchants Terms and Conditions prevent this.
4.7 Save where you have a legal right to cancel, as a consumer, cancellation of the Voucher Contract for a Voucher which you have bought using any Promotional IFound Credit you will forfeit any such Promotional Found Credit and we will only refund you the amount paid for the Voucher in excess of any Promotional IFound Credit.
5. ADVERTISED PRICE AVAILABILITY AND DELIVERY CHARGES
5.1 All Voucher and delivery charges will be as posted on the IFound from time to time, prices will be inclusive of VAT where applicable. Except for any obvious error obvious. And unless other wise stated on the IFound site, delivery of Voucher Products will only be made to addresses in the United Kingdom mainland. Any Order outside of this will be reused and a full refund made.
5.2 From time to time error of pricing may occur. IFound will not nor is under any obligation to issue any Voucher to a user at the incorrect (lower) price. Merchants will not and are under no obligation to accept any issued Voucher nor is IFound obliged to honour a claim made for IFound Credit in respect of any issued Voucher if any pricing errors obvious at IFound’s sole discretion. In these instances, the User will receive a full refund of the price paid for the relevant Voucher.
Availability and Delivery
5.3 Any order will be fulfilled by the agreed offered delivery timescale set out on the Merchants or IFound site page or ,in the absence of a delivery date, within thirty (30) days of the date of the Merchant /IFoundContract, but ‘Time is Not of the Essence in this Contract’. Title and risk in the product will be the Users from the time of delivery.
5.4 If you have not received your Voucher Products by the delivery date, contact the Merchant directly. Please note that neither IFound or the Merchant are able to investigate any claims of non-delivery after sixty (60) days after the estimated delivery date that you redeemed your Voucher with the Merchant
6. CANCELLATIONS AND REFUNDS Before you have redeemed your Voucher:
6.1 The User may, if the User is a consumer, cancel a Voucher Contract without giving any reason within fourteen (14) days from the day after the day receipt of the Voucher provided that has not already redeemed the Voucher (i) at a Merchant or (ii) as an Found Credit. If you cancel during this period, you will receive a full refund of the price paid for the Voucher. Payment will be made only into the account or credit card used to purchase the Voucher within fourteen (14) of the User cancellation request.
6.2 The right to cancel a Voucher Contract, must be within the fourteen (14`) days prior to purchase and you must inform us of your decision to cancel the Voucher Contract by a writing to IFound at 60 Fellows Court, Weymouth Terrace, London, E2 8LP (The User must clearly state the voucher details, value or deal, date of purchase the Users full name and address and IFound account number, failure to do this will negate the cancellation) or sent the above details to info@ifounddeals.com You must destroy the Voucher and delete any emails sent to you with a copy of the Voucher. If you fail to comply with this obligation and/or attempt to use a cancelled Voucher, IFound may have a right of legal action against you and will charge you the value of the Voucher plus any costs and interest awarded in any legal action IFound take.
6.3 Subject to clause 6.4 below, where the Voucher Products are goods, a User, who is a consumer, has the legal right to change their mind and cancel the Merchant Contract at any time up to fourteen (14) days from the day after the day you receive the Voucher Products (unless you have ordered a special order product which has been custom made to their requirements. Any special order products cannot be returned or refunded unless faulty under the terms of the Supply of Goods and Services Act 1982). In this case, the User will receive a full refund of the price paid for the Voucher Products including, subject to clause 6.4 any postage costs that were paid when placing the order. Any refund will be made within fourteen (14) days of receipt by IFound of the Voucher Products.
6.4 The maximum refund for postage costs will be the costs of postage by the least expensive delivery method that was offered. For example, if we offered delivery of goods within 5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6.5 for a User to exercise the right to cancel a Merchant Contract in accordance with clause 6.3, the User must inform the Merchant of their decision to cancel the Voucher Contract by contacting the Merchant via their contact information provided. The User must also return the Voucher Products to the address set out in the Returns Information included in the delivery, by the Merchant, and the product must be in same condition in which they were received ands within within fourteen (14) days of telling the Merchant you wish to end the Contract.
6.6 Returns are at the Users own cost and risk and the Merchant is not liable to pay for any returns postage. The User has has a legal obligation to take reasonable care of any Voucher Products while they are in the Users care and possession and the Merchant will have a right of action against you for compensation if any Goods are returned own a damaged state. No refund will be given in theses circumstances. Where Voucher Products are not suitable for posting, the Merchant will arrange for collection and the User will have to bear the direct cost for returning the Voucher Products.
6.7 The User will not have any right, as a consumer, to cancel a Merchant Contract where the Voucher Products:
10. WHO IS RESPONSIBLE FOR THE POLICY - The board of directors has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
10.1 A Director has primary and day-to-day responsibility for implementing this policy, and for monitoring its use and effectiveness and dealing with any queries on its interpretation. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training on it.
7. Faulty Goods and Complaints
7.1 All Merchants are under a legal duty to supply goods that are in compliance with their Merchant Contract. If any User is supplied with faulty goods please inform the Merchant promptly. The Merchant may request to inspect the goods, in any event the Merchant will confirm or otherwise their agreement that the Goods are faulty.
7.2 Once they Merchant has confirmed that the goods are faulty, the Merchant will either offer a repair, exchange or refund of faulty goods. In all cases, the Merchant reserve’s the right to inspect the goods and verify the fault. The Merchant will pay for the costs of returning any goods that they have agreed are faulty. And agreed to their return.
7.3 For further information on your rights as a consumer please visit the Citizens Advice website www.adviceguide.org.uk
7.4 If we are required to recall a Voucher Product, we will email the email address associated with the account that was used to purchase the Voucher. A list of all Voucher Products that we have recalled is available at on our Website.
Complaints
7.5 Any complaint please send us an email at info@ifounddeals.com. We aim to provide response to all complaints within 72 hours. If we cannot respond fully we will give you an estimated time scale for a fuller reply.
8. SUCCESSORS AND ASSIGNS
8.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
9. NO THIRD-PARTY BENEFICIARIES
9.1 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.
10. COMPLIANCE WITH LOCAL LAWS
10.1 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
11. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
11.1 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.
12. CONTACT INFORMATION
12.1 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
13. DISPUTE RESOLUTION
13.1 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.
14. NOTICES
14.1 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.
15. SURVIVAL
15.1 Any clause which by its content is intended to survive termination of this Agreement, shall do so, howsoever this Agreement is terminated.
16. GENERAL TERMS
16.1 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.
16.2 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.
16.3 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.
16.4 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;
16.4.1 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.
16.4.2 The User Terms and Condition, Website Terms of Use and the Privacy Policy of IFound Ltd are incorporated into these Terms and Conditions
17. LAW AND JURISDICTION
17.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.
17.2 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