Welcome to LivingSocial!
LivingSocial, Inc. and/or its affiliates ("LivingSocial") provide LivingSocial.com and its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
- Your Acceptance of the Terms
- Electronic Communication
- Your Privacy
- Certain Conditions Placed on Your Use of the Sites and Services
- Your Account
- Other Services
- Deal Bucks
- Ownership of the Sites and Services
- Your Access to the Sites and Services
- Third-Party Links and Contents
- Information and Content Submitted by You
- Product Submissions
- Exclusion of Warranties
- Limitations of Liability
- Arbitration of Disputes
- Indemnity, Reservation of Right, Release
- Applicable Law
- Copyright Notice-Digital Millennium Copyright Act
- Entire Agreement, Changes to this Agreement and Waivers
- General Terms
- Additional Terms
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
The communications between you and LivingSocial are electronic. You consent to receive communications from LivingSocial in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
- are 18 years of age or older;
- will comply with these Terms;
- are able to form a binding contract with us;
- are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
- are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
- will not impersonate another user of the Sites and/or Services.
You will need to register by creating an account with LivingSocial (either by registering directly with us or by allowing a LivingSocial application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the LivingSocial Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by LivingSocial may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
LivingSocial relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
LivingSocial provides consumers with opportunities to purchase certain products and services (each a “Deal,” and collectively, “Deals”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”). The promotion of each Deal works as a form of advertisement for the Merchant by LivingSocial.
By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
Some categories of Deals have special terms that vary from the general deal terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Deals will be set forth in the Fine Print.
By placing an order for a given Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other payment mechanism will be charged for the amount of the Deal. We will notify you by email when the Voucher for the Deal is ready to be used. You are required to create an Account in order to purchase any Deal so we can collect information to allow you to pay for your Deals and so we can provide you with easy access to print your Deals, view your past purchases and modify your preferences.
In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully.
Most Vouchers combine two separate portions that make up the Deal: (i) a paid portion equal to the amount you paid for the Deal (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "Promotional Portion").
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:
- Vouchers must be redeemed in their entirety in one visit to a Merchant.
- For vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
- Vouchers are not redeemable for cash.
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Vouchers cannot be combined with any other coupons or promotions.
- Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Duplicate use, sale or trade of a Voucher is prohibited.
- Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.
Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel (“Date-Specific Deal”). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Deal for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Voucher. If for some reason the Date-Specific Deal is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.
Except as explicitly stated otherwise in the terms of a specific Deal, if You change your mind about purchasing a Deal, just write us at http://help.livingsocial.com/contact_us within seven (7) days of Your purchase and LivingSocial will refund the Paid Portion of any unredeemed Voucher to Your purchasing credit/debit card or other payment mechanism. In addition, LivingSocial will always honor your request for a refund of the Paid Portion of any unredeemed Voucher if the Merchant goes out of business before the promotional period expires. Please see the Additional Terms for refund rules applicable to other LivingSocial products and services.
We want you to be happy with your LivingSocial experience. If You have trouble redeeming Your Voucher for any reason, please contact us at http://help.livingsocial.com/contact_us so we can work with the Merchant to resolve Your issue.
The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a Deal or other offer, LivingSocial is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release LivingSocial and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.
Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. LivingSocial reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. LivingSocial does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
We display discounts on our Sites in connection with each Deal. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
After you buy a Deal, you will receive a personalized link which you may choose to share with your friends. If at least three of your friends buy the same Deal using your personalized link, you will receive your Deal for free (“Free Deal”)! If your three friends purchase the Deal after we have charged your credit card or other payment mechanism for the purchase of the Deal, we will refund the price of the Deal to the credit card or other payment mechanism you used to purchase the Deal. The opportunity to get a Free Deal may be time-limited and may be subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of your Free Deal. If after you received a Free Deal your friends receive refunds or cancel their purchases, such that less than three people have purchased the deal using your personalized link, you will no longer be eligible for a Free Deal. In such instances, the credit card or other payment mechanism used for this purchase will be charged for the full purchase price of the Deal. In the event payment cannot be processed or authorized, you will be responsible for paying the full purchase price of the Deal.
You must tell your friends that you are eligible to receive a Free Deal if they buy the applicable Deal using your personalized link. Failure to disclose this information is a violation of this Agreement and may result in the termination of your Account, your disqualification from participating in incentive programs in the future, and/or the forfeiture or the demand for full payment of any Free Deal you received in violation of these Terms.
In addition to our great Deals, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.
“Deal Bucks” are a form of LivingSocial currency that may be applied as a credit only towards the purchase of Deals on the Sites. Deal Bucks do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of Deal Bucks is strictly prohibited. Deal Bucks are issued in country-specific currency. You can only use Deal Bucks on Deals that accept the currency of the home account in which your Deal Bucks are issued. If you have purchased Deals or had other interactions with us in different geographic locations, it is possible that you might have Deal Bucks in more than one currency. To help ensure that all of your Deal Bucks land in your account and are available for your purchases when you need them, we assign you a “primary currency.” Your primary currency will be the currency of the country in which you first purchased a Deal. If you have not purchased a Deal, your primacy currency will be the currency of the country in which you first subscribed to a Site. Deal Bucks cannot be used to purchase Takeout & Delivery, additional Deal Bucks or Families and At Home product offers.
There are two types of Deal Bucks: (1) Paid Deal Bucks, which are purchased or given in exchange for express consideration in certain incremental values; and (2) Promotional Deal Bucks, which are given to certain customers in connection with a specific promotion, contest or sweepstakes. We have merged what were formerly known as “Earned Deal Bucks” into the “Promotional Deal Bucks” category because they, like Promotional Deal Bucks, are given to customers in connection with a specific promotion, contest or sweepstakes. Any “Earned Deal Bucks” that you accrued have not been lost; however, they will expire in accordance with the terms of the particular promotion through which you received them, just like all Promotional Deal Bucks.
Promotional Deal Bucks expire based on the terms of the particular promotion. Paid Deal Bucks expire five (5) years after the date of purchase or issuance, except where expiration of Paid Deal Bucks is prohibited by law, in which case they do not expire. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited.
Deal Bucks awarded via the LivingSocial Rewards Visa Card points exchange are Promotional Deal Bucks and expire five (5) years after the date of issuance to your Account.
You may not sell or otherwise distribute access to your Deal Bucks to any other person or entity. Your Deal Bucks cannot be combined, co-mingled or otherwise merged with Deal Bucks in any other Account whether registered to you or not. Unauthorized or fraudulent use, resale, acquisition or distribution of Deal Bucks is prohibited. We may cancel, revoke or otherwise prevent the issuance of Deal Bucks if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with Deal Bucks. For more information on Deal Bucks, please check out our Deal Bucks FAQ at: http://help.livingsocial.com/help_topics/deal-bucks.
We currently offer you (and your friends) the opportunity to obtain Promotional Deal Bucks by referring your friends to the Sites through our Refer-A-Friend program (the “RAF Program”). To participate in the RAF Program, we will ask you to provide us with the email addresses of the friends you wish to refer to us. We will then send your friends an email, the contents of which you will get to see before we send it out. The email will explain the RAF Program, invite them to sign up with LivingSocial and provide them with a personalized link created just for you to use to refer your friends. Every friend you refer that: (i) is not subscribed to receive emails from LivingSocial and (ii) accepts the invitation we send them will automatically get a one-time issuance of 5 Promotional Deal Bucks deposited into a LivingSocial account that we automatically set up for them when they accept the invitation. If your friend purchases a Deal that costs more than five dollars ($5) using your personalized link, you will also get a one-time issuance of five (5) Promotional Deal Bucks!
Remember that Deal Bucks are currency-specific. So, you (and your friends) can only redeem Deal Bucks on Deals that accept the currency of the home account to which the Deal Bucks are issued. Under the RAF Program, Promotional Deal Bucks are issued in the currency of the referring person’s home account (i.e. the currency of the country where the referring person made their first purchase or first subscribed to LivingSocial). Consequently, any Promotional Deal Bucks issued under the RAF Program can only be used on Deals that accept the currency of the referring person’s home account. LivingSocial reserves the right to change, modify and/or discontinue the RAF Program, in whole or in part, in its sole discretion, at any time and without notice.
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by LivingSocial, its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, LivingSocial owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “LivingSocial,” which appear on the Sites and/or in the Services are the service and trademarks of LivingSocial or affiliated entities. Without LivingSocial’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to LivingSocial or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of LivingSocial, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
- any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
- any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to LivingSocial or the Merchants featured hereunder or any commercial purpose, including marketing;
- any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
- deep-linking to any portion of the Site;
- framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
- using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
- using the Site and/or Services to generate unsolicited email advertisements or spam; or
- using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Livingsocial.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. LivingSocial reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of LivingSocial.
If you do post User Content or submit material, and unless we indicate otherwise, you grant LivingSocial a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant LivingSocial and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify LivingSocial for all claims resulting from User Content you supply. LivingSocial takes no responsibility and assumes no liability for any User Content posted by you or any third party.
LivingSocial does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of LivingSocial (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to LivingSocial through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to LivingSocial the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with LivingSocial, you may do so by: (A) notifying LivingSocial through help.livingsocial.com or (B) closing your Accounts for all of the Services that you use.
LivingSocial may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) LivingSocial is required by law to do so; (iii) the partner with whom LivingSocial has offered the Services to you has terminated its relationship with LivingSocial or ceased to offer the Services to you; (iv) LivingSocial no longer provides Services in the country in which you reside; or (v) LivingSocial determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, LivingSocial reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, LivingSocial may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which LivingSocial, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIVINGSOCIAL’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVINGSOCIAL AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM LIVINGSOCIAL WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A LIVINGSOCIAL REPRESENTATIVE SHALL CREATE A WARRANTY.
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVINGSOCIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE LIVINGSOCIAL FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and LivingSocial may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or LivingSocial shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or LivingSocial customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Washington, D.C.
Contact information for LivingSocial’s Registered Agent for Disputes/Arbitration is as follows:
Corporation Service Company
2711 Centerville Road, Suite 400
Wilmington, DE 19808-1645
You agree to defend, indemnify and hold harmless LivingSocial and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to LivingSocial; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
LivingSocial reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and LivingSocial that arises out of this Agreement shall be governed by the laws of the District of Columbia without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for LivingSocial’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
1445 New York Avenue, N.W. Suite 200
Washington, DC 20005
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. 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. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND LIVINGSOCIAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LIVINGSOCIAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Below are additional terms applicable to your use of and access to the Sites and certain Services offered by LivingSocial or its third party partners or affiliates through LivingSocial:
- Collection of Information
- Use and Disclosure of Information
- Choices About Your Information
- Third Party Advertising and Sites
- Children’s Personal Information
- How to Contact Us
We collect the following types of information:
Personal Information that You Provide
In general, we collect Personal Information that you submit to us voluntarily through LivingSocial. We also collect information that you submit in the process of creating or editing your account and user profile on LivingSocial. For example, our registration and login process requires you to provide us with your name, valid e-mail address and password of your choice. Use of some of our services may require you to save a delivery or shipping address. When you personalize your profile and use the features of LivingSocial, we will collect any information you voluntarily provide, and we may also request optional information to support your use of LivingSocial, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit during your use of LivingSocial, such as photos, reviews, ratings and other information you choose to submit.
We may also collect information about you and your friends who use LivingSocial from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user name or profile information that you have permitted to be displayed through LivingSocial in order to display you as a friend or in association with your profile and connections.
To enable payment for services purchased through Living Social, we collect and store billing and credit card information. For example, when you purchase a Deal, you submit your credit card or other payment information so that our service providers can process your payment for the Deal. When you sign up for, or win, any contests, sweepstakes or other activities that we make available on LivingSocial, we will collect the information designated along with such activity, which may include contact information such as your address and phone number.
If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your e-mail address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments or forums within the LivingSocial community.
Personal Information from Other Sources
We may receive Personal Information about you from other sources with which you have registered or interacted, companies who we have partnered with (collectively, “Partners”) or other third parties. We may associate this information with the other Personal Information we have collected about you.
E-mail and E-mail Addresses
If you send an e-mail to us, or fill out our “Feedback” form through LivingSocial, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and e-mail address when you send an e-mail notification to a friend through LivingSocial or the social network from which you have connected to LivingSocial (such as in an invitation, or when sharing your content). Additionally, we may use your e-mail address to contact you on behalf of your friends (such as when someone sends you a personal message) or to send notifications from a social network or other website with which you have registered to receive such notifications. We may also use your e-mail address to contact you for things such as notifications of limited-edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.
Information Collected Via Technology
Mobile & Location Information
If you use mobile-enabled services provided by Living Social, such as any LivingSocial mobile application made available by us, we may receive information about your use of our services from your mobile device while you use our applications or services. This may also include information about your precise location if you have enabled location-based services on your mobile device. Certain applications or services may also require addition information collection, such as information to be sent when you are not logged into LivingSocial for alerts services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications.
Social Media Information
Certain information you post or provide through LivingSocial for public posting, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of LivingSocial, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through LivingSocial, this information may become publicly available and may be collected and used by others, including people outside the LivingSocial community. Please also be aware that if you choose to share or tweet deals or your purchases, they will become publicly available on the Facebook and Twitter websites. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of LivingSocial available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.
In general, Personal Information and other information you submit or share with us is used for the following purposes by LivingSocial: to enable your access to our services; to provide, maintain, protect, develop and improve LivingSocial; to fulfill your requests for products and services; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.
We use Google Analytics to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site. If you would like to learn more about this service, or about choices to opt out from it, please click here. In addition, HasOffers provides us with analytics services related to downloads of our mobile app. If you would like to learn more about this service, or about choices to opt out from it, please click here.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
We offer you choices regarding the collection, use and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at firstname.lastname@example.org.
If you use Living Social services provided through mobile devices, you may have additional choices, including over whether location services are enabled. Additionally, if you use other social media services in connection with Living Social, the providers of these services may provide you with additional choices concerning the types of data shared with LivingSocial.
We also engage in remarketing to market our sites, products and services or those of our trusted advertising partners across the web: when a user visits our site, a Cookie is dropped on the user, and advertising networks may deliver targeted advertisements to users with this Cookie. We do not share any of your Personal Information with our remarketing ad networks or advertisers.
You have choices about third-party advertising: both the Network Advertising Initiative and the Digital Advertising Alliance allow you to opt out from online behavioral advertising by their participating companies.
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
LivingSocial does not direct its websites to children under the age of thirteen. We market families-related products or services for purchase by adults. We require registered users of the site to be at least eighteen years old. Protecting the privacy of children is very important. If we obtain actual knowledge that a registered user is under eighteen, we will promptly delete information associated with such account. By using LivingSocial, you are representing that you are at least eighteen years old.
You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at email@example.com. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information that you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.
Personal or other information about you collected on LivingSocial sites and services may be stored and processed in the United States or any other country in which LivingSocial or its affiliates, subsidiaries and services providers maintain facilities. LivingSocial complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of information from European Union Member Countries. To learn more about the Safe Harbor program, please visit the Safe Harbor Website.
If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that LivingSocial has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to LivingSocial, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail firstname.lastname@example.org.
LivingSocial Adventures (“Adventures”) are unique events produced and coordinated by LivingSocial, not Merchants, which may range from sky diving to pizza-making classes and everything in between. We do use service providers or other merchants to help us facilitate the Adventure.
Each Adventure is paid in-full at the time of purchase through the Sites. If the Adventure requires additional state, local, federal taxes and/or fees, you are responsible for paying the full amount due to the merchant, service provider or governing authority before joining the Adventure. The Fine Print will provide additional terms that are relevant to the applicable Adventure, including expiration dates and additional financial obligations, if any.
Each Voucher is only valid on the specific event date you chose at the time of purchase. Since Vouchers for Adventures are date and time specific, you may not reschedule an Adventure for a different date or time for any reason. If the Voucher is not used on specified date, the entire value is forfeited where permissible by law.
Generally, if you decide within 24-hours of your purchase that you do not want to participate in the Adventure, we will give you a full refund of the amount you paid for the Adventure. However, some Deals have a different refund timeframe. If a different refund timeframe is stated in the Fine Print, the Fine Print will control. No full or partial refunds are given to customers who miss an event date. Purchasers will be notified prior to canceled or rescheduled events. Canceled events will be fully refunded. If you are unable to make the new date of a rescheduled event, you are entitled to a refund upon request.
You are always welcome to transfer your voucher to a friend provided your friend is over the age of 21 if the Adventure requires a purchaser to be over the age of 21. To do this, just add your friend’s name and email address on your event page and make sure your friend shows up to the Adventure with the appropriate waivers, the Voucher and any other materials or documentation they need to participate in the Adventure. You can find all the relevant information and forms on the event page for the applicable Adventure.
In order to participate in an Adventure, you must be 18 years of age or older. Additionally, for any Adventure that includes alcohol, you must be 21 years of age or older, unless superseded by applicable laws. The age requirement is enforced at the discretion of LivingSocial and we reserve the right to change the requirements at anytime. All participants will be required to sign a LivingSocial Event Waiver and LivingSocial Adventures Code of Conduct. All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
LivingSocial Escapes are similar to our regular Deals, but Escapes Deals are generally travel deals to destinations domestically and internationally. An average Escape could be a long weekend at a nearby bed and breakfast, while some are week-long journeys to distant destinations around the world.
Escapes Deal Terms vary from the standard Deal Terms as follows:
Refunds for Escapes that are not date-specific: Our regular Escapes do not require that you select a specific date (e.g. January 1, 2012) on which to redeem the Voucher. However, some of our regular Escapes may only be available during certain windows of time (e.g. January through April, or Sunday through Thursday). In most cases, for our regular Escapes, you can return an unredeemed Escape Voucher within 30 days of your purchase for a full refund. Thereafter, your purchase will be final and we will not grant any refunds unless otherwise stated in the LivingSocial Conditions of Use.
Refunds for date-specific Escapes: We may offer Escapes that require you to pick a specific date or range of dates on which to redeem the Voucher. This may include requirements that you book your travel and/or stay at a location by a specific date. The period of time in which these Escapes are redeemable may vary and may be shorter than the period of time for redemption that we offer for our regular Escapes. For these date-specific Escapes, you may generally return an unredeemed Voucher within 24 hours of your purchase for a full refund. Thereafter, your purchase will be final and we will not grant any refunds unless otherwise stated in the LivingSocial Conditions of Use.
In connection with some of our Escapes, you might be required to pay certain fees directly to third parties. These fees will be disclosed to you in the Fine Print of the relevant Escapes. These third-party fees such as resort fees or immigration fees may not be refunded depending on the relevant third-party’s policies. Since we do not collect these fees from you, and instead you pay the third party directly, we are not responsible for refunding payment of any such third-party fees to you.
All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
Welcome to LivingSocial Products. The following terms and conditions (the "Agreement") form a binding agreement between you and GoNabit FZ-LLC, whose office is at Office No. 1803-1804, Tower A, Business Central Towers, 18th Floor, Dubai, UAE, trading as LivingSocial (“LivingSocial”) which is sometimes referred to as “LivingSocial,” “we,” “us” or “our.” Our help site is https://help.livingsocial.com and our customer helpline is 800-SOCIAL (971-800-SOCIAL).
LivingSocial Products is an online community for people to organise their interests, browse the collections of their friends, and get recommendations around their interests (the "Services") through our website located at http://www.livingsocial.com/products and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the "Site"). The Services also include the opportunity for you to purchase special LivingSocial Products (as described below). The Services and Site are collectively referred to here as "LivingSocial." These terms and conditions apply to LivingSocial Products and by ordering any products from http://www.LivingSocial.com/Products you agree to be bound by these terms and conditions. For information about LivingSocial Deals please refer to our website located at http://www.LivingSocial.com and the terms and conditions for use of that website can be found at www.livingsocial.com/terms.
Your permission to use LivingSocial is conditional upon your agreement that you:
- are 13 years of age or older, but are 18 years of age or older to purchase any Product;
- will comply with these Terms of Service;
- will not copy or distribute any part of LivingSocial in any medium without LivingSocial's prior written authorisation;
- will provide accurate information when creating an account or registering for our Services;
- are solely responsible for your User ID and the activity that occurs while signed in to or while using LivingSocial using your User ID;
- will not use LivingSocial to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on LivingSocial for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
- represent that you own or have the necessary licences, rights, permissions, and consents to use and authorise LivingSocial to use any and all Content submitted by you to LivingSocial in accordance with the licences granted in this Agreement;
- hereby grant each LivingSocial user, whether using LivingSocial or an application authorised by LivingSocial but developed via a third-party developer, a non-exclusive licence to access the Content you submit through LivingSocial and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through LivingSocial's functionality and under these Terms of Service;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to LivingSocial; and
- agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You will need to register by creating an account with LivingSocial (either by registering directly with us or by allowing a LivingSocial application to connect through your Facebook profile) in order to publish Content on the Site or obtain access to certain Services, including LivingSocial Products. If you choose to create an account or LivingSocial profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the LivingSocial Site and Services is not authorised by any other person or entity using your User ID and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by LivingSocial may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
LivingSocial relies on User IDs to know whether users accessing the Site and using our Services are authorised to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by LivingSocial, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a LivingSocial Product, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a LivingSocial Product, other than your credit card information, may be disclosed by us to the LivingSocial Third Party Fulfillment Provider to effect delivery of the LivingSocial Product.
Any communications between you and LivingSocial, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorised by LivingSocial), and you agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- breaches the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by LivingSocial in its sole discretion,
- is false or inaccurate, or
- could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate or distribute unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
- impersonate another user.
We don't have control over websites that LivingSocial may link to. LivingSocial may contain links to third party websites that are not owned, operated, or controlled by LivingSocial. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using LivingSocial you expressly relieve us from any and all liability arising from your use of any third party website.
LivingSocial provides consumers with opportunities to purchase great products which are available for a finite period and for a discounted price (a "LivingSocial Product").
All promotions are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we do not hold the item in stock. Instead, we would have reserved the items with our supplier for the duration of the promotion and only ordered it from our supplier at the end of the sale and therefore we may have to wait to receive items from our suppliers.
These terms and conditions (together with the fine print on each LivingSocial Product page) tell you the terms and conditions on which we supply any of the LivingSocial Products listed on our Site to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any LivingSocial Products from our Site. You should understand that by ordering any of our LivingSocial Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a LivingSocial Product. All orders are subject to acceptance by us and availability and we will confirm such acceptance to you by sending you an e-mail that confirms that the LivingSocial Product has been dispatched (Dispatch Confirmation). The contract between us and you (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those LivingSocial Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other LivingSocial Products which may have been part of your order until the dispatch of such LivingSocial Products has been confirmed in a separate Dispatch Confirmation.
In the event that the LivingSocial Product you have ordered is out of stock, we will endeavour to inform you as soon as we are made aware by our supplier.
You are required to create an account in order to purchase any LivingSocial Product. An account is required so we can collect information to allow you to pay for your LivingSocial Products and provide you with easy access to view your past purchases and modify your preferences.
"LivingSocial Credits" are a form of LivingSocial currency that may be applied as a credit towards future LivingSocial purchases. There are three types of LivingSocial Credit - Paid LivingSocial Credits, which you may purchase in certain incremental values (either as gift bucks or otherwise), Earned LivingSocial Credits, which are awarded to you from time to time as loyalty rewards or as we deem appropriate, and Promotional LivingSocial Credits, which are given to certain customers in connection with a specific promotion, contest or draw. Promotional LivingSocial Credits expire in accordance with the terms of the particular promotion. Paid and Earned LivingSocial Credits expire five years after the date of purchase in the case of Paid LivingSocial Credits or issuance in all other cases, except where expiration of Paid LivingSocial Credits is prohibited by law. Paid LivingSocial Credits will be applied toward future LivingSocial purchases before Earned LivingSocial Credits, even if the Earned LivingSocial Credits expire first. Promotional LivingSocial Credits however will always be applied first due to their short term. Additionally, all LivingSocial Credits may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional LivingSocial Credits. LivingSocial Credits are not returnable or refundable for cash, except where required by law. Resale of LivingSocial Credit is strictly prohibited.
You may cancel a Contract at any time within five days, beginning on the day after you receive the LivingSocial Products. In this case, you will receive a full refund of the price paid for the LivingSocial Products in accordance with our Refunds Policy (set out below).
In the event of a “Final Sale” promotion, you are only able to apply for a refund if the LivingSocial Product you receive is different to what you ordered or is faulty or damaged.
To cancel a Contract, you must inform us through https://help.livingsocial.com. You must also return the LivingSocial Products to us as soon as reasonably practicable and within 14 days from the day after you receive the LivingSocial Products, and at your own cost. You have a legal obligation to take reasonable care of the LivingSocial Products while they are in your possession. The LivingSocial Product must be returned unused and unopened. LivingSocial reserves the right not to pay a refund if the LivingSocial Product is incomplete, damaged or in an otherwise unsellable condition. You will not have any right to cancel a Contract for the supply of any of the following LivingSocial Products:
- personalised or made to measure items
- perishable goods e.g. flowers, food
- beauty products e.g. cosmetics, creams, lotions
If you return a LivingSocial Product to us:
- because you have cancelled the Contract between us within the five day period, we will endeavour to process the refund due to you as soon as possible and, no later than 30 days from the day on which you gave us notice of cancellation. In this case, we will refund the price of the LivingSocial Product in full. However, you will be responsible for the cost of returning the item to us.
- because the LivingSocial Product is defective, we will examine the returned LivingSocial Product and if we agree that the LivingSocial Product is defective we will issue a refund. We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, no later than 30 days from the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective LivingSocial Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Due to its supply process, LivingSocial is normally unable to provide replacements for incorrect or defective LivingSocial Products or undertake repairs. Subject to a full investigation by us with our supplier and with our Third Party Fulfillment Provider, LivingSocial will provide a full refund for a defective, incorrect or missing LivingSocial Product.
The LivingSocial Products will be your responsibility from the time of delivery. Ownership of the LivingSocial Products will only pass to you when we receive full payment of all sums due in respect of the LivingSocial Products, including delivery charges.
The price of the LivingSocial Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
LivingSocial Product prices include applicable sales tax. However, if the rate of sales tax changes between the date of your order and the date of delivery, we will adjust the sales tax you pay, unless you have already paid for the LivingSocial Products in full before the change in sales tax takes effect.
LivingSocial Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Payment for all LivingSocial Products must be by credit or debit card.
We warrant to you that any LivingSocial Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
From time to time we may offer special promotions, contests and/or draws intended to provide you an incentive to purchase LivingSocial Products or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to determine and apply these rules in our sole discretion.
The Site can be accessed from countries around the world. You understand that some or all LivingSocial Products provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. LivingSocial reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a LivingSocial Product to a person residing in any jurisdiction or geographical area. LivingSocial does not represent or warrant that any LivingSocial Product promoted on the Site will be available for purchase by any particular person.
Some of the LivingSocial Products are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular LivingSocial Product. Any attempt by a purchaser to obtain more than the permitted number of items specified for a particular LivingSocial Product by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our Site and our Services. Any LivingSocial Product Contract formed prior to termination will be honoured according to its terms and the terms of this Agreement.
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the LivingSocial Product and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of fees that you have paid us during the previous 12 month period for the specific service at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:
- losses not caused by our breach;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
- Content posted by other users;
- contracts entered into with third parties;
- loss of data;
- loss of goodwill;
- computer malfunction or failure;
- business or commercial losses caused to non-consumers; or
- failure to provide the Site or Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Site or Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
You agree to compensate LivingSocial, for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by LivingSocial which are caused by your breach of this Agreement or any claim that any Content submitted by you causes damage to or infringes the rights of a third party. This compensation obligation will survive the termination or expiry of this Agreement and your use of LivingSocial.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “LivingSocial” is our trade mark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on LivingSocial, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by LivingSocial. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trade marks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to LivingSocial, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by LivingSocial is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trade marks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may notify us with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. LivingSocial's designated Copyright Agent to receive notifications of claimed infringement can be reached through https://help.livingsocial.com.
The communications between you and LivingSocial use electronic means, whether you visit the Site or send us emails, or whether LivingSocial posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from LivingSocial in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LivingSocial provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. 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 and Services. Your use of the Site and Services 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 agreement by LivingSocial’s not to enforce its rights under this Agreement shall not be valid or effective except in a written agreement bearing the physical signature of an officer of LivingSocial. No purported agreement not to enforce any right or modification of this Agreement by LivingSocial via telephone or email shall be valid.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement and a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. 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. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
Contracts for the purchase of LivingSocial Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the United Arab Emirates, as applied in the Emirate of Dubai. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Emirate of Dubai.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 13 years of age or older. If you aren't, you must please stop using our Site and our Services.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Onosys Services. Our web-based remote ordering services (the “Onosys Services”) allow you to place orders through the internet, mobile devices, and other "remote" methods (your “Orders”) with our client restaurants (“Restaurants”). The Onosys Services do not require Vouchers and allow you to directly transact with the Restaurants.
Ordering Marketplace. THE ONOSYS SERVICES ARE INTENDED TO FACILITATE YOUR ORDERING AND TRANSACTIONS WITH THIRD PARTY RESTAURANTS. THE ONOSYS SERVICE IS ONLY A VENUE - IT IS AN ONLINE MARKETPLACE FOR YOU TO INTERACT WITH RESTAURANTS AND OTHER FOOD PROVIDERS. LIVINGSOCIAL DOES NOT OWN OR OPERATE THE RESTAURANTS OR FOOD PROVIDERS YOU INTERACT WITH ON THIS WEBSITE. YOUR ORDERS ARE PLACED DIRECTLY WITH THE APPLICABLE RESTAURANT AND ALL FULFILLMENT AND TERMS FOR SUCH ORDER ARE SOLELY THE RESPONSIBILITY OF THE RESTAURANT. LIVINGSOCIAL IS NOT RESPONSIBLE FOR THE QUALITY OF GOODS OR SERVICES OFFERED BY RESTAURANTS OR FOOD PROVIDERS THROUGH THIS WEBSITE OR FOR THE FULFILLMENT OF ANY ORDER YOU PLACE. LISTING OF A RESTAURANT ON THE ONOSYS SERVICE IS NOT AN ENDORSEMENT BY LIVINGSOCIAL, AND LIVINGSOCIAL HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE RESTAURANTS OR SERVICES THEY PROVIDER.
Pricing. Information regarding menu items, price, availability and product descriptions contained on this website has been provided by member restaurants and food providers who are solely responsible for the content and accuracy of such information. If the checkout price and the price posted on the website are different, the checkout price will prevail in every case. If you become aware that the website contains inaccurate information, please let us know at email@example.com.
Refunds. Once you have placed an Order, it is non-refundable and non-cancellable. You must contact the Restaurant directly to make any changes or requests regarding your Orders.
We may make available on behalf of advertisers or Merchants a type of free Vouchers called “Offers” which will usually entitle the recipient to an amount or a percentage off on their purchases and ordinarily do not involve a specific value of Goods or Services. Offers are available to you at no charge, and accordingly Offers, unlike most Vouchers, contain only a Promotional Portion and no Paid Portion. Rather, Offers are made available by the Merchants as a reward to encourage you to visit their places of business (including websites) or purchase their Goods or Services during the period prior to the Expiration Date stated on the Offer Confirmation sent to you. These Offers expire on the date stated on the Offers Confirmation, and after the Expiration Date, the Offers will be of no value and will not be redeemable in any form or matter.
Like all Vouchers, Merchants are the sellers of the associated goods and services promoted in the Offer and are solely responsible for providing them, their quality, compliance with law, including laws with respect to Expiration Dates and the service of alcoholic beverages, and for redeeming Offers. Offers may be used only once. After receiving an Offer you must contact the Merchant to make a purchase. Availability may be limited and there is no guaranty that it will be sufficient to meet all Offers issued. Offers are subject to terms, conditions, limitations and restrictions stated on the Offer as Fine Print. LivingSocial is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Merchants on Offers. In the event that a Merchant refuses to honor an Offer without cause or contrary to law or these terms and conditions, your only recourse is only against the Merchant and LivingSocial will not have any responsibility. LivingSocial reserves the right to cancel, terminate or alter any Offers at any time. Offers are not exchangeable, refundable or redeemable in cash unless required by law.
All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
Certain of our Sites or Services may post free directory listings and links (including links that allow prepopulation of certain promo code information) to third party sites and offers, coupons, rebates, discounts, etc. made available therefrom (each “Coupon”). All Coupons are third party offers, and are not endorsed or recommended by LivingSocial. Without limitation of Section 12 of these Terms:
- LivingSocial makes no representation or warranty as to the accuracy or fitness for use of any Coupon posted via the Services or that any third party will honor or acknowledge any Coupon posted via the Services.
- You understand that LivingSocial does not and cannot review all material made available in our Coupon listings, and you are knowingly and voluntarily assuming all risks of using Coupons listed on the Site. LivingSocial and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.
All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.