The following sets out the terms and condition for use of the Frugl website, applications and our services.
1.1 These terms of service govern your use of our website at www.frugl.com (referred to in this document as ‘the Site’). If you disagree with these terms of service or any part of them, you must not use the Site.
1.2 In these terms, certain words and expressions, when used with an upper case initial letter, have special meanings. These are:
1.2.1 ‘Affiliates’ means third parties with whom we may work particularly to promote Events or Offers.
1.2.2 ‘Content’ means material created by a Promoter and uploaded to the Service to promote an Event or Offer.
1.2.3 ‘Contract’ means a contract to acquire goods or services comprised in an Event or Offer.
1.2.4 ‘Event’ means an invitation to treat relating to services comprising an event promoted by a Promoter which is communicated through the Service, and where the context so requires it means those services.
1.2.5 ‘Member’ means an individual who registers to use the Service in the manner prescribed from time to time and notified on the Site.
1.2.6 ‘Offer’ means an invitation to treat relating to goods or services made by a Promoter and communicated through the Service, and where the context so requires it means those goods or services. Use of the word ‘offer’ in these Terms does not imply that your acceptance creates a legally binding contract.
1.2.7 ‘Payment Provider’ means the third party provider for the time being of payment services in connection with the Service.
1.2.8 ‘Promoter’ means a Member who uses the Service to offer an Event or Offer: we are not a Promoter.
1.2.9 ‘Purchase’ means the purchase of a Voucher or Ticket, and ‘Purchased’ is to be interpreted accordingly.
1.2.10 ‘Service’ means the online marketplace provided by us comprising the Site together with the associated mobile application.
1.2.11 ‘Terms’ means these terms of service.
1.2.12 ‘Ticket’ means a ticket giving admission to an Event.
1.2.13 ‘Voucher’ means a voucher showing you have paid for a particular Offer.
1.4 We reserve the right to change these Terms from time to time by changing them on the Site, although no such change will affect any Purchase you have already made with us. Your continued use of the Service and any new Purchases will be covered by the new Terms. These Terms were last updated on 27 April 2015.
1.5 Nothing in these Terms affects those of your rights as a consumer which by law cannot be excluded or modified (on which see paragraph 15).
2. THE SERVICE
2.1 The Service is an online marketplace in which Promoters may publicise Events and Offers together with a mechanism for processing your Purchases of, and providing you with, Vouchers and Tickets.
2.2 To use the Service and make Purchases you must be 18 or over. By continuing to use the Service and agreeing to these Terms you promise us that you are 18. If we discover that you are not 18 or over, we will terminate your account immediately, and inform the Promoters of any future Event or Offer for which you have Purchased Vouchers or Tickets.
2.3 The Service and the Events or Offers offered on the Service are addressed only to Members in the UK. You should be careful to satisfy yourself about an Event or Offer’s suitability to your circumstances. In the case of an Event you are responsible for making your own travel arrangements to the venue, unless otherwise stated.
2.4 If you choose to use the Service or make a Purchase outside the UK you do so at your own risk.
2.5 You may use the Service for your own personal and non-commercial use, provided that you comply fully with these Terms. You must not re-sell Vouchers or Tickets.
2.6 We reserve the right to block your use of the Service and prevent you from making Purchases if you breach the Terms of our agreement. Purchases already made will be dealt with by the Promoters according to their own contract terms.
3. ACCESS TO THE SERVICE
3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the Service. There may be times when certain features, parts or content of the Service, or the entire Service, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Service, or any features, parts or content of the Service.
3.2 We may change the format and content of the Service from time to time. We reserve the right to modify, change, substitute or withdraw any Events or Offers or other information on our Service, and you acknowledge that Promoters have the right to do so too. You agree that your use of the Service is on an ‘as is’ and ‘as available’ basis and at your sole risk.
4. REGISTRATION WITH FRUGL
4.1 You must register as a Member before you can make any Purchases. You need an account to view your Purchased Vouchers or Tickets, redeem them, review past Purchases, store your financial details modify your preferences, and for other purposes. Payment for Purchases is exclusively through the Payment Provider.
4.2 We reserve the right to decline a new registration or cancel your account at any time. We do not have to give our reasons for doing so, but these may may include failure to provide us with a valid e-mail address that is personal to you, or with a correct name and surname.
4.4 You agree to keep the password chosen by you in the course of the registration process confidential and you are entirely responsible if you do not maintain the confidentiality of your password and Purchases are made via your account. If you disclose your password you must let us know as soon as you become aware and we will suspend your account as soon as reasonably possible.
4.5 You agree that any person who you permit deliberately or inadvertently to use your password (including if you do not log out of your account and another person uses your device to make Purchases or you write your password and it is seen and used to gain access to your account) is authorised to act as your agent to use the Service and make Purchases via your account.
5. WHAT YOU MAY DO
5.1 You may use the Service in accordance with these Terms to make Purchases for non-commercial purposes only [and if you are a Promoter to Promote Offers and Events].
5.2 You may retrieve and display content from the Service on a computer or mobile device screen, print and copy individual pages and Vouchers or Tickets and, subject to the next section, store such pages and Vouchers or Tickets in electronic form.
5.3 If you are a Promoter you may upload Content to the Service to promote Events or Offers which you offer. When you upload Content you grant us a licence in accordance with clause 7.3.
5.4 Additional terms may apply to certain features, parts or content of the Service and, where they apply, they will be displayed before you access the relevant features, parts or content.
6. WHAT YOU MAY NOT DO
6.1 Except to the extent expressly set out in these Terms, you are not allowed to:
6.1.1 store pages of the Service on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the Service;
6.1.2 remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted; or
6.1.3 create more than one Frugl account.
6.2 You may only use the Service and anything available from the Service for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our Members, Affiliates or Promoters.
6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a ‘breach’).
7. EXTERNAL LINKS
The Service may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators.
8. PURCHASING VOUCHERS AND TICKETS
8.1 Any Contract to Purchase Vouchers or Tickets you make using the Service is between you and the Promoter. Each Event or Offer may be subject to different terms set by the Promoter, which will be made known to you at the time of Purchase. We will also provide a link to the terms in any confirmation email we send to you or as part of the redemption instructions we send to you. You must ensure that anyone using a Voucher or Ticket with a Promoter complies with those terms.
8.2 Because we act as the Promoter’s agent we have no liability to you in respect of any Contract you make with a Promoter except as provided in paragraph 15.
8.3 If you have a complaint about a Contract or the goods or services supplied it lies with the Promoter, not us. Contact details for the Promoter will be provided in the confirmatory email or in the redemption instructions we send you when you make a Purchase.
8.4 We will pass essential booking details to the Promoter of any Event or Offer for which you have Purchased a Voucher or Ticket. The placing of an order to purchase a Voucher or Ticket will constitute consent for us to pass your details to the Promoter.
8.5 For most Events or Offers you will receive an electronic Voucher or Ticket or redemption instructions. In the case of an Event, you must take with you the acknowledgment of your order including your booking reference and other documents including evidence of identity as may be required by the Promoter.
8.6 Vouchers or Tickets must be used within the time specified on the Voucher or Ticket, or it will no longer be valid (and you will not be entitled to a refund). If you fail to use a voucher within the time specified for any reason, you will forfeit your Voucher or Ticket and we will not provide a refund.
8.7 It is your responsibility to check your Vouchers or Tickets. If you have made a mistake it cannot always be rectified after purchase. Please check your Vouchers or Tickets on receipt carefully and contact us immediately if there is a mistake, or if you have not received your Vouchers or Tickets.
8.8 It is your responsibility to confirm that an Event is taking place as advertised. We will use reasonable endeavours to notify you of a cancelled or re-scheduled Event by requiring Promoters to take appropriate steps to notify Purchasers but we do not guarantee you will be informed of such cancellation before the time for the Event.
8.9 Vouchers or Tickets may be Purchased by clicking on the Events or Offers you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the ‘Book Now’ button within the Service [or the ‘Pay’ button on the Payment Provider’s web page].
8.10 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
8.11 Once submitted, your order constitutes an offer to Purchase a Voucher or Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Voucher or Ticket. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Voucher or Ticket) if subsequently your payment details are found to be invalid or lack funds by the Payment Provider, or we or the Payment Provider reasonably suspect fraudulent behaviour linked with your account.
8.12 Counterfeiting, copying, sale, resale or trade of a Voucher or Ticket is prohibited. If you attempt to do this we reserve the right to void the Voucher or Ticket and cancel your account.
8.13 Your Voucher or Ticket is evidence of a personal revocable licence which may be withdrawn by us or the Promoter and admission refused at any time upon refunding the printed purchase price.
8.14 We may limit the number of Vouchers or Tickets you can buy for any one Event or Offer. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Vouchers or Tickets purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.
8.15 A Voucher or Ticket may not be used for advertising, promotions, contests or sweepstakes without the Promoter’s and our written consent.
8.16 The Promoter may alter or vary the Event or Offer terms due to circumstances beyond its reasonable control without being obliged to refund monies or exchange Vouchers or Tickets other than in certain cases set out in their refunds policy.
8.17 The Promoter may refuse or revoke admission to an Event should you or your guests breach any terms and conditions of the Event, or otherwise upon reasonable grounds. It is at the Promoter’s discretion to admit latecomers, but admission cannot be guaranteed.
8.18 You only have the right to products or services corresponding to those stated on the Voucher or Ticket, but the Promoter reserves the right to provide alternative products or services of equivalent value to those stated on the Voucher or Ticket or to give a full refund.
9.1 The Promoter is entirely responsible for ensuring that all details of Events and Offers promoted by the Promoter are correct, that any applicable terms and conditions are brought to the attention of Purchasers in the information posted on the Service, and that the related Content is legal, decent and honest, is not defamatory and infringes no intellectual property rights as defined in 10.1 below.
9.2 The Promoter is solely responsible for informing Purchasers of Tickets and Vouchers if an Event or Offer is cancelled or postponed and for making refunds, if any.
9.3 Promoters are responsible for informing Frugl of any bugs or issues with the platform. Frugl is in no way liable for losses caused by these bugs or issues, but will endeavor to fix these as soon as possible.
9.4 The Promoter is exclusively responsible for accounting to HMRC for any VAT due and payable on the sale of the Tickets or Vouchers.
9.5 Frugl may remove any Event or Offer from the Service if we believe it to be contrary to law or public policy or morality.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights (which includes rights such as copyright, database right and rights in trade marks) in any matter contained in the Service (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors (which includes Uploaders).
10.2 Except as expressly set out in these terms, nothing gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading matter from the Service. If you print off, copy or store pages from the Service as permitted by these terms and conditions, you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
10.3 You agree that by submitting any material (‘Material’, which includes Content) for publication on the Service, you retain any copyright you may have in it, but you grant us and our Affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and licence to use, reproduce, edit, modify, adapt, sub-license, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any rights you may have in, or to be identified as the author, of your material or Content.
10.4 You warrant to us that with respect to all material (including Content that you upload to the Service) :
10.4.1 you are entitled either as owner or licensee of copyright and other applicable rights in that material to submit it for such publication; and
10.4.2 nothing in it is defamatory, offensive or illegal.
10.5 You are solely responsible for your material and Content (including content you share with other sites, such as social networking sites) and we do not endorse your material or Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with your material and Content.
11. VOUCHER OR TICKET PRICE AND PAYMENT
11.1 The price of Vouchers or Tickets is as quoted on the Service from time to time. Prices include VAT, if applicable. Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
11.2 Payment for all orders must be made by credit or debit card using the Payment Provider’s services on the Website.
The Service is merely an online marketplace. Refunds are entirely a matter for the Promoter from whom you have Purchased Vouchers or Tickets using the Service.
13. YOUR LEGAL RIGHTS
Nothing in these Terms limits or takes away from your legal rights under general law, including your rights to cancel contracts within seven days and receive refunds for goods or services purchased by distance means. This cancellation right does not apply to contracts for the provision of accommodation, transport, catering or leisure services on a specific date or within a specific period. As such, Purchases made via the Service are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see Our Refunds Policy).
14. OUR SERVICE STANDARDS
14.1 We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do issue credits and refunds in limited circumstances (see our Refunds Policy). We will endeavour to correct any errors or omissions as soon as reasonably practicable after we become aware of them.
14.2 Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
15. OUR LIABILITY
15.1 Nothing in these Terms shall limit or exclude any liability we may have to you:
15.1.1 for death or personal injury caused by our negligence; or
15.1.2 for any other liability that may not, under English law, be limited or excluded.
15.2 Subject to this, we will never be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases will not exceed the aggregate cost of the relevant Vouchers or Tickets. Our liability to you for any and all losses however they arise in connection with these Terms and your use of the Service (including any Purchases) is limited to losses that could reasonably be contemplated by you and us at the time your order is accepted by us.
15.3 We do not undertake to provide the Events or Offers for which Vouchers or Tickets are issued, nor do we give any warranty in respect of the quality, safety, usability or any other aspect of the Events or Offers.
15.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
15.5 Where photos or pictures are displayed they are intended to be purely representative of the Promoter or Event or Offer and are provided by the Promoter, not by us. Your actual experience may vary but we assume no liability in this regard.
16. SUSPENSION AND TERMINATION
16.1 We may suspend or terminate all or part of your use of the Service, your account or a Purchased Voucher or Ticket if you use (or permit anyone other than you to use) the Service, your account or a Purchased Voucher or Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
16.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
17.1 All notices given by you to us must be given in writing and by post to the address set out at the end of these Terms and also by email. We may give notice to you at either the email or postal address you provide to us when placing an order. Notices given in writing by post must be sent by first class post and will be deemed to be served on the fourth day after posting.
17.2 If we fail to enforce any of our rights, it does not mean that we have waived that right.
17.3 These Terms may not be varied except in accordance with 1.4 above.
17.4 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersede and extinguish all earlier understandings and agreements between you and us.
18. DISPUTE RESOLUTION
18.1 In the first instance you should contact us if you have a complaint against us and we will try to resolve it.
18.2 These Terms (and all non-contractual relationships between you and us) shall be governed by English law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in the UK to where you reside at the time of making the relevant Contract.
21. EXCLUSION OF THIRD PARTY RIGHTS
22. ENTIRE AGREEMENT
23 OUR DETAILS
The full name of our company is Frugl Limited We are registered in England and Wales under registration number 08853923 Our registered address is 85 Great Portland Street, London, England, W1W 7LT You can contact us by email to [email protected]