Acceptance of Terms and Conditions
The following terms and conditions (the “Agreement”) form a binding agreement between you (“you”, “your”, “user”) and Deal Grocer, Ltd. (“Deal Grocer”, “we”, “us”, “our”). By using this site (the “Site”), you agree to the terms and conditions that we have provided. If you do not wish to agree to these terms and conditions, you may not use the Site in any way and must refrain from using it.
TERMS AND CONDITIONS
TERMS OF SALE
The Site provides an interactive online service operated by Deal Grocer on the World Wide Web of the Internet, consisting of information services, content and transaction capabilities, offering coupons for sale (“Coupons”) which may be exchanged for products/services (“Deals”) with participating third party merchants (“Merchants”) in accordance with the terms and conditions of the Coupons.
This Agreement sets forth the terms and conditions that apply to the use of this Site by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. 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 control of Deal Grocer, and Deal Grocer shall not be responsible for any data lost while transmitting information on the Internet.
Deal Grocer shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Deal Grocer may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site. ' Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Deal Grocer's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of Deal Grocer's Managing Director. No purported waiver or modification of this Agreement by Deal Grocer via telephonic or email communications shall be valid.
Access and Equipment.
You shall be responsible for obtaining and maintaining access to the Site, all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Deal Grocer shall not be liable for any damage to your equipment resulting from the use of this Site.
While it is Deal Grocer's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Deal Grocer, access to the Site may be interrupted, suspended or terminated from time to time.
The Deal Grocer service as offered on the Site is not available to minors under the age of 13 or to any users suspended or removed from the system by Deal Grocer for any reason. If you do not qualify, you may not use the Site.
This Site is private property.
All interactions on this Site must comply with this Agreement. Although we welcome and encourage user interaction on our Site, we do insist and require that you restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. Deal Grocer is under no obligation to review any messages, information or content posted on the Site by other users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Deal Grocer may from time to time monitor the postings on the Site and may decline to accept and/or remove any email or postings.
You shall not post or transmit through this Site any material which:
- violates or infringes in any way upon the rights of others;
- is unlawful, threatening, abusive, harmful, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable national or international law;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- advertises or performs any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other online or offline services directly or indirectly competitive or potentially competitive with Deal Grocer;
- impersonates others or provides any kind of false information; and
- offers unauthorized downloads of any copyrighted or private information.
Any conduct by you that in Deal Grocer's exclusive discretion restricts or inhibits any other user from using or enjoying this Site is strictly prohibited.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Deal Grocer, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Limited License and Site Access
Deal Grocer grants you a limited license to access and make personal use of the Site. This license does NOT include:
- any downloading or copying of account information for the benefit of another vendor or any other third party;
- caching, unauthorized hypertext links to the Site and the framing of any content available through the Site;
- any action that imposes or may impose (in Deal Grocer's sole discretion) an unreasonable or disproportionately large load on Deal Grocer's infrastructure;
- any action that attempts to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- any action that attempts to gain access to secured portions of the Site to which you do not possess access rights; and
- using any automatic or manual process to search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site.
You may not bypass any measures used by Deal Grocer to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted by Deal Grocer.
In consideration of the use of the Site, you represent you are of legal age to form a binding contract, are not barred from receiving services under the laws of Hong Kong or other applicable jurisdiction, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You also agree to provide true, accurate, current and complete information as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Deal Grocer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Deal Grocer has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Deal Grocer immediately of any unauthorized use of your account or any other breach of security.
Deal Grocer reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Users may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party. Any change of name on a user's account should not constitute a transfer to another party.
Should you wish to terminate your account for any reason, you may do so by sending an email with the subject line "Termination" to the following email address: email@example.com
Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of Deal Grocer or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEAL GROCER IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under Hong Kong copyright laws. Deal Grocer owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Deal Grocer or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site otherwise owned or operated in conjunction with Deal Grocer shall not be deemed to be in the public domain but rather the exclusive property of Deal Grocer, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Deal Grocer unless otherwise stated.
The foregoing provisions of Section 8 apply equally to and are for the benefit of Deal Grocer, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Deal Grocer reserves the right to terminate this Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to Deal Grocer by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide Deal Grocer with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- an identification and location on the Site of the copyrighted work that you claim has been infringed;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- your name and contact information, such as telephone number or email address; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be sent to:
Deal Grocer, Ltd.
4304 43F China Resources Bldg.,
26 Harbour Road,
Wanchai, Hong Kong
Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.
Disclaimer of Warranty.
THE SITE AND ITS SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND THE COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEAL GROCER MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO:
- THE SITE AND ITS SERVICES;
- THE COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE;
- THE LEGALITY, ACCURACY, RELIABILITY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, COUPONS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY THROUGH THE SITE;
- THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE;
- THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE; OR
- THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE.
- DEAL GROCER DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEAL GROCER DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DEAL GROCER SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
BY USING THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE, OR THE COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE.
FURTHER, DEAL GROCER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
Limitation of Liability.
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THIS AGREEMENT, DEAL GROCER FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL DEAL GROCER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORESEEABLE OR EVEN IF DEAL GROCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO:
- THIS AGREEMENT;
- THE SITE, ITS SERVICES, CONTENT OR ANY RELATED SERVICE;
- THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES;
- THE LEGALITY, ACCURACY, RELIABILITY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, COUPONS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY THROUGH THE SITE;
- ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE.
IN ADDITION, DEAL GROCER'S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO DEAL GROCER IN CONJUNCTION WITH THE COUPON UNDER WHICH SUCH CLAIM FIRST AROSE.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, DEAL GROCER'S LIABILITY, AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DEAL GROCER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE AND ITS SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND ITS SERVICES.
YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DEAL GROCER'S, OR ITS OFFICERS', DIRECTORS', EMPLOYEES', OR AGENTS', ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE AND ITS SERVICES.
Deal Grocer shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Deal Grocer, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Deal Grocer shall have the right, but not the obligation, to remove any material that Deal Grocer, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. Deal Grocer does not control or endorse the content, messages or information found in any Community, and, therefore, Deal Grocer specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content.
Generally, any communication which you post to Deal Grocer (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Deal Grocer as confidential, that fact will be stated on those pages.
By posting comments, messages or other information on the Site, you grant Deal Grocer the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
By posting communications on or through this Site, you shall be deemed to have granted to Deal Grocer a royalty-free, perpetual, irrevocable, non-terminable, worldwide, and non-exclusive license to use, reproduce, modify, publish, create derivative works, edit, translate, distribute, perform, and publicly display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
You represent, warrant and covenant that any posted communications do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license.
You agree to defend, indemnify and hold harmless Deal Grocer, its directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys' fees, arising out of or related to:
- Any Coupon purchased by you in connection with the Site;
- Your use of and access to the Site;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- Any claim that any content submitted by you causes damage to a third party; or
- Your violation of this Agreement or any law, rule or regulation.
- This defense and indemnification obligation will survive this Agreement and your use of the Site.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE DEAL GROCER, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY A MERCHANT, INCLUDING A MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF A COUPON, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
Deal Grocer may terminate this Agreement at any time for any reason without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth. In the event of any termination, you must immediately cease access to the Site. Without limiting the foregoing, Deal Grocer shall have the right to immediately terminate any passwords or accounts in the event of any conduct by you which Deal Grocer, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Any Coupon issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Coupon.
Any provision of this Agreement that imposes or contemplates continuing obligations on a party, or which by their nature must survive in order to be given full effect, will survive expiration or termination of this Agreement.
Deal Grocer is a distributor (and not a publisher) of content supplied by users and third parties. Accordingly, Deal Grocer has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributor(s) and not of Deal Grocer.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, users, or other users not under contract with Deal Grocer. Deal Grocer neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized Deal Grocer employee spokespersons while acting in official capacities. Under no circumstances will Deal Grocer be liable for any loss or damage caused by a user's reliance on information obtained through Deal Grocer. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Deal Grocer.
Deal Grocer contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Deal Grocer of the contents on such third party sites, and Deal Grocer hereby expressly disclaims any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. You expressly relieve us from any and all liability arising from your use of any third party website.
Unless you have executed a written agreement with Deal Grocer expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Deal Grocer reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, the interpretation of this Agreement, the relationship between you and Deal Grocer, and any disputes arising in connection with this Agreement will be governed by the laws of Hong Kong without regard to its conflict of law provisions.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
If any provision of this Agreement is held invalid, void or for any reason unenforceable by a court of competent jurisdiction, it is agreed by the parties that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
The section headings used herein are for convenience only, do not limit the scope and extent of such section, and shall be of no legal force or effect.
This Agreement will not be construed against Deal Grocer by virtue of having drafted such.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site.
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall first be referred to and finally resolved by arbitration in accordance with HKIAC (Hong Kong International Arbitration Centre) Rules, which Rules are deemed incorporated by reference into this clause. The seat or legal place of arbitration shall be Hong Kong. The language to be used in the arbitral proceedings shall be English. Any arbitration award shall be final and binding upon the Parties, shall be the exclusive remedy between the Parties, and may be enforced by judgment of a competent court having jurisdiction.
Any claim or dispute which results in a legal proceeding between the Parties that arises out of or relates to this Agreement, the Coupons, any Deal, the services related thereto, or concerning the respective rights or obligations of the Parties heretoshall be decided exclusively by a court of competent jurisdiction located in Hong Kong. You irrevocably submit to the exclusive jurisdiction of Hong Kong courts.
YOU AND DEAL GROCER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEAL GROCER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
When you use the Site or send emails to Deal Grocer, you are communicating with Deal Grocer electronically. You consent to receive communications electronically from Deal Grocer. Deal Grocer will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Terms of Sale
The Site offers coupons for sale (“Coupons”) which may be exchanged for products/services (“Deals”) with participating third party merchants (“Merchants”) in accordance with the terms and conditions of the Coupons.
By placing an order for a Coupon with Deal Grocer, you make an offer to purchase the Coupons you have selected on the terms and conditions stated below.
All Coupons printed from the Site are Coupons purchased from Deal Grocer. Coupons are to be used in exchange for products/services with Merchants.
You are required to create an account in order to purchase a Coupon. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Coupon.
Users purchasing multiple Coupons for the purpose of reselling may have their accounts frozen and may be banned from purchasing future Coupons.
Coupons may be offered on the Site for the following periods:
- Limited Offers -are made available on the Site for up to seven (7) days.
- Seasonal Deals -are made available on the Site for thirty to ninety (30-90) days.
How You're Charged.
All published prices shall be indicated in US Dollars (USD) on the Site, and all purchases made on the Site shall likewise be charged in USD. The estimated Philippines Peso (PHP) or Singapore Dollar (SGD) or Hong Kong Dollar (HKD) or local currency equivalent of the USD amount shall also be indicated for your convenience.
Once you've placed your order, your credit card will be charged at the local currency equivalent of the USD amount published on the Site, based on your credit card's exchange rate on the date your credit card is charged. However, in the event that the sale and purchase of a Coupon is conditioned on the happening of an event (such as a required minimum number of buyers), then only upon the happening of the conditional event will your credit card be charged at the local currency equivalent of the USD amount published on the Site, based on your credit card's exchange rate on the date the offer closes on the Site. If the conditional event fails to occur, then your credit card will NOT be charged.
All payments must be received in full prior to a Coupon being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot hold Coupons against your order.
We will notify you by email when the Coupon is ready to be printed from the Site. Deal Grocer cannot be held liable nor responsible for any loss suffered as a result of a Coupon not being received by you, for example, because the email was blocked by a firewall or filter, or where you provided Deal Grocer the wrong email address.
By purchasing a Coupon, a customer acquires the right to print a Coupon and to use such according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Coupon is within your sole control and at your sole discretion.
Number of Coupons Bought & Who Can Redeem.
Generally, only one Coupon may be purchased per account for each and every given Deal. Said Coupon may only be redeemed by the account owner whose name appears on the Coupon. However, more than one Coupon may be purchased when using the Gifting option on the Site. Coupons purchased thru this option may be redeemed by any person the user decides to gift the Coupon to.
The validity and expiration date of a Coupon is as printed on the Coupon. Coupons expire on the date indicated. The Coupon must be redeemed on or before the expiration date. Once expired, Coupons are no longer valid, will not be honored by the Merchant, and may no longer be redeemed. Expired Coupons are non refundable in whole or part.
Certain laws may limit the ability of a Merchant to set expiry dates for a Coupon. To the extent that you are purchasing a Coupon in a jurisdiction which so limits such, the Coupon will be limited to the maximum extent permitted by applicable law.
Deal Specific Terms.
Each Coupon has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Coupon. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Coupon or required by law, the following terms apply to all Coupons:
- Coupons are non-refundable and may only be redeemed by the user whose name appears on the Coupon.
- Coupons cannot be exchanged for cash.
- Coupons are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
- No cash back or credit will be issued for partial redemption of a Coupon, and any unused balance shall be forfeited.
- Coupons cannot be combined with any other coupons, promotions, or third party certificates.
- Coupons cannot be used for tips, prior balances, shipping or handling, as applicable.
- Neither Deal Grocer nor the Merchant is responsible for lost or stolen Coupons.
- Duplicate use, reproduction, sale or trade of a Coupon is prohibited.
- Limit one (1) Coupon per person / redemption occasion.
The Merchant is obligated to honor the Coupon in compliance with law.
THE MERCHANTS ARE THE PROVIDERS OF THE PRODUCTS/SERVICES WHICH ARE PROVIDED IN EXCHANGE OF A COUPON.
AS PROVIDER OF THE PRODUCTS/SERVICES PROVIDED IN EXCHANGE OF A COUPON, THE MERCHANT SHALL BE FULLY RESPONSIBLE FOR ANY AND ALL INJURIES, ILLNESSES, DEATH, DAMAGES, CLAIMS, LIABILITIES AND COSTS SUFFERED BY OR IN RESPECT OF A CUSTOMER OR OTHER THIRD PARTY, CAUSED IN WHOLE OR IN PART BY THE MERCHANT OR ITS PRODUCTS AND SERVICES PROVIDED IN EXCHANGE OF A COUPON, AS WELL AS FOR ANY UNCLAIMED PROPERTY LIABILITY ARISING FROM UNREDEEMED COUPONS OR PORTIONS THEREOF.
YOU WAIVE AND RELEASE DEAL GROCER AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM, ANY CLAIM, LIABILITIES, DAMAGES, OR INJURY ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF A MERCHANT IN CONNECTION WITH THE PRODUCTS/SERVICES OF THE MERCHANT PROVIDED IN EXCHANGE OF A COUPON AND/OR AS IT RELATES TO COMPLIANCE WITH APPLICABLE UNCLAIMED PROPERTY AND OTHER LAWS RELATING TO THE REDEMPTION OF THE COUPONS OR ANY PORTION THEREOF.
Availability of Products/Services.
The Site can be accessed from countries around the world. You understand that some or all products/services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Deal Grocer reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Coupon for any product or service to a person residing in any jurisdiction or geographical area. Deal Grocer does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
The value of each Coupon is the amount the customer pays for it. It is not the face value of the services specified by the Coupon.
All sales are final and amounts paid are non-refundable except (i) to the extent that may be required by applicable law, and (ii) in the event that a Merchant goes out of business before the end of the redemption period.
In the event that a refund is demandable, no cash shall be returned, but instead the user's Deal Grocer account shall be credited with the amount paid for the subject Coupon. The crediting procedure shall be as follows:
- You must provide the following information in an email to firstname.lastname@example.org with the subject line "Refund Request":
- identification of the Coupon including REDEMPTION CODE and USER NAME as printed on the coupon, and Merchant with whom you sought to redeem,
- statement of the date, time, and circumstances in which the Merchant was discovered to be out of business, and
- a statement, under penalty of perjury, that the Coupon has never been redeemed with the Merchant.
- We will respond to the request upon verification of the following:
- the Merchant has gone out of business,
- your Coupon is still unclaimed, and
- your Coupon was still valid at the date of the request.
- We shall credit your Deal Grocer account with the full amount of the price paid for the subject Coupon within five to seven (5-7) working days from your receipt of our email granting your request.