Terms and Conditions

Terms and Conditions: UK

Last updated: 11 December 2014

Terms and Conditions in effect prior to 11 December 2014 can be found here.

Welcome to LivingSocial!

The following terms and conditions are the terms on which you may (i) access and interact with the UK content of our website www.livingsocial.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (which will be clearly indicated by a UK city and/or by a reference to the United Kingdom towards the top-left corner of the Site and/or in our page URLs) (referred to collectively in these terms and conditions as “the Site”), whether as a registered customer or otherwise; (ii) access and interact with the Services (as defined below) as they relate to UK content; and (iii) purchase a Deal (as defined below). Please read these terms and conditions carefully before you start to use the Site and/or the Services or purchase a Deal.

By using the Site and/or the Services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Site and the Services. Your continued use of the Site and/or the Services shall be deemed by LivingSocial to be acceptance of these terms and conditions, including any changes we may make to them from time to time.

Additional terms and conditions apply when you are purchasing a Deal, which are set out below. In addition, please see our Privacy Policy (published at http://www.LivingSocial.com/privacy_policy) which describes how we collect, use and disclose information about you, and which is incorporated into these terms and conditions by reference.

Non-UK Content and Services: The terms and conditions relating to your access to and interaction with any non-UK content of our website www.livingsocial.com and/or non-UK services offered by LivingSocial may vary from these terms and conditions. Such country-specific terms and conditions will be available from www.livingsocial.com when interacting with any such non-UK content and/or services. If purchasing from other LivingSocial countries, country-specific terms and conditions will apply (and these will be clearly presented to you prior to purchase).

The Site and all Deals are operated by LivingSocial Limited, a company registered in England and Wales with company registration number 07227708, VAT Number 988 8449 29 and with registered offices at 25 Wellington Street, London, WC2E 7DA, referred to in these terms and conditions as “LivingSocial UK”, “we”, “us” or “our”. Our help site is https://help.livingsocial.com and our customer helpline is 020 3356 0899.

The term "you" in these terms and conditions refers to the person accessing or using the Site or the Services, or purchasing a Deal.

Our Services

When you register as a LivingSocial customer, we will begin to send emails to the email address you have provided, featuring Deals for the cities/markets you have indicated you wish to receive updates on, unless and until you tell us (via the ‘my account’ section of the Site, or by clicking the ‘unsubscribe’ link provided on the emails) that you do not wish to receive those emails (“Deal Emails”).

Within the Site, you may take advantage of various features, including but not limited to:

  • tools to share Deals with friends by email;
  • tools to publish Deals to your Facebook timeline;
  • tools to share Deals via your Twitter account; and
  • tools facilitating the ‘me+3’ promotion (http://help.livingsocial.co.uk/articles/how-does-the-me-3-promotion-work)

(each one a “Sharing Tool”).

The Deal Emails and the Sharing Tools are together and individually our “Services”.

Conditional Use of Our Site and Services

Your permission to use the Site is conditional upon your agreement that you:

  • are at least 18 years of age;
  • will at all times comply with these terms and conditions;
  • will provide accurate information when creating an Account or registering for the Services, and will keep such information up-to-date; and
  • are solely responsible for keeping your Account Password strictly confidential.

Your LivingSocial Account

You will need to create an account with LivingSocial (either by registering directly with us or by enabling the ‘Facebook Connect’ facility) (an “Account”) in order to obtain access to the Services, including the ability to purchase 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 need to create a password (“Account Password”). Access to the Site and Services is not authorised by any other person using your Account Password and you are responsible for preventing such unauthorised use. If your access to the Site or use of the Services has previously been terminated by LivingSocial, you may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf. You are not permitted to hold more than one LivingSocial account. If we find that you have more than one account, we reserve the right to merge your accounts into one single account (the one on which there is the most recent activity).

If someone accesses the Site or Services or purchases a Deal using your Account Password, we are entitled to assume that such access and/or purchase has been made by you. If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorised by you, and you hereby indemnify LivingSocial and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party. Please notify us immediately if you become aware that your Account Password is being used without your authorisation.

Privacy And Feedback

Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. For full details, please refer to our Privacy Policy at http://www.livingsocial.com/privacy_policy.

Any suggestions, comments or other feedback you communicate to us for improving or modifying the Site or Services will be non-confidential and non-proprietary, and you agree that any such suggestions, comments and/or feedback may be used by us in any manner we consider appropriate.

General Rules of Customer Conduct

It is our goal to make the use of the Site and Services a good experience for all of our customers, so you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or Services;
  • use the Site and/or the Services for any purpose other than for your own personal, non-commercial use;
  • use the Services (in particular, the Sharing Tools) in a way which will cause harassment, distress or upset to other persons, or which may reflect negatively on LivingSocial (or on Merchants);
  • distribute anything via the Site and/or the Sharing Tools 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 electronic communications or spam;
  • use the me+3 promotion in any way which is dishonest or fraudulent, including but not limited to taking advantage of the promotion by ‘sharing’ a Deal with one or more accounts held by yourself;
  • 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;
  • impersonate another person whilst using the Site or the Services;
  • copy or distribute any content of the Site in any medium (other than via the Sharing Tools, used in accordance with these terms and conditions) without LivingSocial's permission; nor
  • use LivingSocial to collect any personal data, including but not necessarily limited to names and/or email addresses.

Links to Third Party Sites

Where any Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

LivingSocial Deals: Additional Terms

LivingSocial UK provides consumers with opportunities to purchase products and services from third party businesses ("Merchants"), often with a time-limited promotional added value (a " Deal").

When buying a Deal, the terms and conditions which apply to your purchase are as set out below.

These terms and conditions are only available in English and the language of the contract between LivingSocial UK and you will be English.

Deals

These terms and conditions (together with any additional applicable terms and conditions listed against each Deal on the Site (“Deal Specific Terms”)) govern your purchase of a Deal. Please read these terms and conditions carefully and make sure that you understand them, before purchasing a Deal. You should understand that by purchasing a Deal, you agree to be bound by these terms and conditions and the Deal Specific Terms. You should print a copy of these terms and conditions for future reference.

  1. Who Is My Contract With and How Does It Work?

    By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the Deal Specific Terms. All orders are subject to acceptance by LivingSocial. Once your order has been accepted, you will receive a confirmation of the Deal and your credit card will be charged for the price of the Deal. We will notify you by email on behalf of the Merchant when the Voucher (defined below) for the Deal is ready to be used.

    The contract between the Merchant and you (the “Deal Contract”) will be formed when we send you a confirmation. We will notify you if for any reason your order or any part of it cannot be accepted (in which case we shall promptly refund the price you had paid in respect or the cancelled order, or the partially cancelled order, if any). The circumstances where your order may not be accepted include:

    • where the Deal you have ordered is no longer available;
    • where your payment has not been authorised;
    • where we have identified a pricing or product description error; and/or
    • where you have not complied with these terms and conditions in any way.

    The Deal Contract will relate only to a Deal about which we have sent you a confirmation. Neither we nor the applicable Merchant will be obliged to fulfil any Deal which may have been part of your order, unless a confirmation of the Deal has been sent.

  2. Expiration Dates

    The expiration date for a Voucher is as printed on the Voucher, and is the date by which you must enjoy your Deal. For vouchers which require an appointment or booking to redeem, we would remind you that appointments/bookings are subject to availability of the Merchant (as well as to any restrictions noted in the Deal description and/or Deal Specific Terms), and we would encourage you to contact the Merchant to make your appointment/booking as soon as you can, and in any case no later than the ‘book by’ date as may be indicated on the Deal description and/or Deal Specific Terms.

  3. Deal Pounds

    "Deal Pounds" are a form of LivingSocial currency that may be applied to your Account as a credit to use to purchase Deals.

    Deal Pounds will expire 12 months after they are credited unless otherwise notified to you. Deal Pounds may only be applied towards purchases that are in the same currency as the Deal Pounds. Deal Pounds are not returnable or refundable for cash, except where required by law. Resale of Deal Pounds is strictly prohibited.

  4. Deal Specific Terms

    Each Deal has Deal Specific Terms (sometimes referred to as the Fine Print), which will be presented to you before you commit to purchase the particular Deal. Deal Specific Terms supersede any inconsistent terms in these terms and conditions, except to the extent such Deal Specific Terms are prohibited by applicable law.

  5. Voucher Terms

    Vouchers are issued on behalf of the Merchant when you purchase a Deal. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

    • no cash exchange for any Voucher;
    • no change, cash back or credit will be issued for a Voucher, except as required by law;
    • Vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the Voucher;
    • Vouchers cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Voucher;
    • neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers; and
    • Vouchers are issued to you personally and duplicate use, sale or trade of a Voucher is prohibited.
  6. Merchant Responsibility

    To be clear, LivingSocial markets the Deals and provides Vouchers on behalf of Merchants. The Merchant is the issuer of the Voucher and provider of the products and/or services to which the Voucher relates. As the issuer of a Voucher, the relevant Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Merchant or its products and services, as well as for any claims or liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, you acquire the right to print a Voucher issued by the participating Merchant (and made available by us) and to use the Voucher according to its Deal Specific Terms and these terms and conditions. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion. In purchasing a Deal, you further acknowledge and agree that we are not responsible for the conduct of the Merchant and release us from any liability in respect of any claim relating to the conduct of any Merchant and to the products and/or services offered by such Merchant.

  7. Promo Codes – General Terms and Conditions

    Promo codes can be applied for specified discounts on eligible LivingSocial deals purchased on the LivingSocial UK site, during the specified promo code validity period. A maximum discount of £20 will apply unless otherwise stated. Promotion requires a LivingSocial account (free to create), and is subject to terms and conditions found on this page; additional Deal terms may apply. Promo codes are single-use and non-transferable; only one code may be used per account. Any refunds will be in accordance with our terms and conditions and the Deal terms, and will be limited to the amount paid. Promo codes may not be combined with other offers, including promotional certificates. LivingSocial reserves the right to cancel a promo code at any time; individual promo code offers available while supplies last in the UK only.

  8. Getting Your Deal For Free – Me+3 Promotion

    After you buy a Deal, you will receive a personalised link which you may choose to share with your friends. If at least three of your friends buy the same Deal using your personalised link, you will receive your Deal for free (a “Free Deal”)!

    If your three friends purchase the Deal after we have taken payment from you for the Deal, we will refund the price of the Deal to you via your original method of payment. The opportunity to get a Free Deal may not apply to all Deals or may be time-limited and 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, one or more of your friends cancels their purchase or otherwise is refunded the price of the Deal (including where such refund is issued in Deal Pounds), such that fewer than three people have purchased the Deal using your personalised link, you will no longer be eligible for a Free Deal, in which case the price of the Deal will be taken via your original method of payment. In the event payment cannot be processed or authorised, you will be responsible for promptly paying the full purchase price of the Deal, and we reserve our right to cancel or suspend your Deal. Please note that payment for each of the four (or more) Deals qualifying you for the Me+3 promotion (including your initial purchase) must be made through separate LivingSocial accounts, and payment for each Deal purchase must be made in the name of the corresponding LivingSocial account holder.

  9. Cancellations and Refunds – General Policy

    Unless otherwise stated in the Deal Specific Terms, you may cancel your purchase of any Deal within fourteen (14) calendar days following the date of your confirmation email (the “Cooling-Off Period”), provided always that delivery of the relevant services under the Deal has not yet begun or that you have not already redeemed your Voucher with the Merchant during the Cooling-Off Period. Please note that a Voucher will be deemed to have been redeemed with the Merchant for these purposes if you receive some or all of the services under the Deal or if you have forfeited the Voucher (for instance if you have made a booking to use your Voucher, and are seeking to cancel without giving the required level of notice under the Merchant's cancellation policy).

    To exercise your right of cancellation, you will need to do one of the following within the Cooling-Off Period:

    1. Visit www.livingsocial.com/vouchers and click on ‘ask for a refund’;
    2. Call us on 020 3356 0899;
    3. Contact us through https://help.livingsocial.com; or
    4. Download this cancellation form, fill it in by hand, and scan it back to us by e-mail at uk.help@livingsocial.co.uk.

    Provided your refund is requested, your call is taken, or your email is sent within the Cooling-Off Period (and you are otherwise eligible for a refund as set out in these terms), we will be happy to provide a refund on behalf of the Merchant for the price you paid for the Voucher.

    Outside of the Cooling-Off Period, or after redemption (if sooner), we do not provide refunds on behalf of the Merchant except in accordance with your legal rights (e.g. if goods are faulty and/or do not match their description or services provided by the Merchant are not provided to a reasonable standard and/or don't match their description) or in accordance with our ‘Deal Credit Guarantee’ policy (see below).

    If you give your Voucher as a gift to another person, LivingSocial will only provide you with a refund if (a) you contact us within the Cooling-Off Period and (b) the person to whom you gave the Voucher has not added the Voucher to their account. If you contact LivingSocial past the Cooling-Off Period cut-off, or if the recipient of the Voucher has added the Voucher to his or her account, LivingSocial cannot refund you. Any recipient who has added a Voucher to his or her account may request a refund. All refunds to recipients of Vouchers will be given in Deal Pounds, placed in their account for future use on qualifying LivingSocial purchases.

  10. Returns and Refunds – LivingSocial Product Deals

    The process for purchasing our LivingSocial Product Deals differs slightly from buying our other Deals. We’ve added a shopping cart to our product experience (so you can add multiple products to one purchase). We’ll also collect your shipping address at the time of purchase. When the sale ends, we’ll send your shipping information to the Merchant, supplier or distributor, as applicable, who will ship the product to you.

    If you want to return an unwanted product to us, you must let us know within 14 days from the date when you received the goods. Before returning your item, you must place a return authorization request at help.livingsocial.co.uk. We’ll send you an RMA (return merchandise authorization) to accompany the returned goods. Only items returned with the RMA documentation will be accepted for return.

    For properly returned items, following our receipt and confirmation of your return, you have two options for a refund. The first option is that we can issue a refund to the payment method you used to purchase the product, minus a restocking fee of £4.99. The second option is to receive a full refund in Deal Pounds, where we will not deduct a restocking fee. Deal Pounds automatically apply to your next eligible purchase on LivingSocial.

    For any returned purchase under £21, you may also opt to return the item using a courier of your choice. In this case the restocking fee will be waived and the full original sales value of goods refunded.

    At this time, we’re not able to offer exchanges or replacements for returned LivingSocial Products.

    A list of unwanted products that are eligible for a refund can be found here as well as a list of unwanted products that cannot be returned to us. It also explains any special conditions you need to be aware of.

  11. LivingSocial Policy on Return of Unwanted, Faulty or Non-conforming Products

    If you buy any products from us, we will permit returns of goods subject to this guidance note. You should read this note carefully as it contains important facts about how and when you can return a product. However, nothing in this guidance note affects your statutory rights.

    If you fail to comply with this guidance note, you may lose your right to return unwanted goods.

    If you buy goods from a third party supplier, whether by using a voucher or not, your purchase will be subject to the third party supplier’s return conditions. Therefore, you should make sure you read through the third party supplier’s return conditions as they may be different to this LivingSocial Policy.

      Return of Unwanted Goods

    If you want to return an unwanted product to us, you must let us know within 14 days from the date when you received the goods. You must then return the goods as soon as possible and no later than 14 days from when you told us that you did not want the goods. Sometimes, you will not have a right to return the goods because of the type of product you have purchased. In this policy, we will tell you the types of product which you cannot return.

    You must make sure the product is returned to us in a good condition. You are entitled to inspect the product when you receive it but you must take care of the product. You cannot return a product that has been used more than is reasonably necessary for you to inspect it.

    If possible use the original packaging to send the unwanted goods back to us (or in some cases you will be asked to send unwanted goods back to the supplier directly). If this is not possible, you must make sure that the goods are suitably packaged so that they will not be damaged when they are in transit. If the product is clearly used or has been damaged, whether or not when in transit, we will be entitled to refuse the refund. In that case, we will not accept the product back and you will not receive a refund.

    Refunds will be processed within 14 calendar days from when we receive the unwanted product.

      Return of faulty goods or goods that do not comply with your order

    When you receive a product, we would advise you to inspect it thoroughly, to make sure that it conforms to the product you ordered and that it is not faulty or defective in any way. Please contact us as soon as possible if there are any problems with a product you have purchased. You have a statutory right to return any product that doesn’t comply with your order or which is faulty.

    When we receive the product from you, we will check to see if the product is faulty or if it doesn’t comply with your order. We will make a decision about whether the product is faulty or doesn’t comply with your order. If products have been used incorrectly, not in accordance with manufacturers’ recommendations or altered in any way, you may lose the right to a refund.

    If we determine that the product is faulty or doesn’t comply with your order, you will be eligible for a full refund. Refunds for faulty or non-complying products will be processed within 14 calendar days from when we receive the faulty or non-compliant product.

      Return Conditions for Unwanted Products

    This is a list of the unwanted products that are eligible for a refund and identifies the unwanted products that cannot be returned to us. It also explains any special conditions you need to be aware of.

    Type of Product Can you return the product to us Special Considerations
    DVDs, music and computer software Yes, subject to the special considerations We will not accept these items if the seal has been broken or if the packaging has been damaged.
    Jewellery or earrings for pierced ears, make-up, toiletries and other health and beauty products Yes, subject to the special considerations We cannot accept return of any pierced body jewellery for hygiene reasons. We cannot accept return of any toiletries, make-up or health and beauty products if the seal has been broken or if the packaging has been opened.
    Clothes, shoes, watches and other items of outerwear Yes, subject to the special considerations We cannot accept return of any items that have been used, are not in good condition or if the original tags have been removed.
    Swimwear and underwear No We cannot accept return of swimwear or underwear for hygiene reasons.
    Food, drink, flowers and other perishable items No We cannot accept return of any of these items
    Mattresses and bedding, including duvets, and pillows Yes, subject to the special considerations We are unable to accept return of these items if they have been opened or used, for hygiene reasons.
    Baby products Yes, subject to the special considerations We cannot accept any items if they have been used, worn or if the tags have been removed.
    Products made to order or personalised items No If goods have been personalised, monogrammed or otherwise made specifically to your order, we will be unable to accept any returns.
    Books Yes, subject to the special considerations Books can be returned provided they are in a new condition.
    Periodicals and Magazines No We cannot accept return of these items.
    Electronic goods Yes, subject to the special considerations We would advise you to remove any data or information stored on electronic goods before the product is returned to us. We cannot accept responsibility if you leave data or information on any products you return to us. We may refuse to accept a return if the product has been used.
    Indoor or outdoor Furniture Yes, subject to the special considerations We cannot accept items that have been partially or fully assembled.
    Accommodation, transport, catering or leisure activities No We cannot provide refunds on events that we have agreed to provide on a specific date.
  12. Cancellations and Refunds – Date-Specific Deals

    Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific date(s) to stay in named accommodation (“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 make an offer to buy a Voucher. In either case, the date(s) you select will be identified on the Voucher, and you can only redeem the Voucher on such specified date(s). You may not reschedule a Date-Specific Deal for another date or time for any reason, unless allowed by the Merchant. We will not give full or partial refunds on behalf of the Merchant to customers who fail to redeem a Date-Specific Deal on the date(s) specified on the Voucher. If for some reason the Date-Specific Deal is cancelled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancellation 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 price you paid for the Deal upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the price you paid for the Deal.

  13. “Deal Credit Guarantee”

    LivingSocial’s Deal Credit Guarantee will apply to non-dated local Deals purchased on June 1 2014 and beyond, where stated on the Deal. If a local Deal is covered by the Deal Credit Guarantee, this will be stated in the ‘fine print’ of the Deal and/or will otherwise identified in the Deal. If a Deal offers a Deal Credit Guarantee, this means that, at any time between the end of the Cooling Off Period and the expiration date of the Deal (meaning the last date on which you can redeem your Voucher) you will be eligible for a refund of the Voucher price in LivingSocial Deal Credit (Deal Pounds), provided of course that you have not redeemed your Voucher in full or in part.

    For the avoidance of doubt, you will not be eligible for a refund if you have already made a booking with the Merchant, or if you have received any part of the service for which your Voucher applies. If we apply a refund under the Deal Credit Guarantee policy and we subsequently discover that you have already redeemed your Voucher, we reserve the right to reclaim the Deal Credit which was applied to your LivingSocial account.

    If you would like a refund pursuant to the Deal Credit Guarantee policy, you will need to contact LivingSocial Customer Services through https://help.livingsocial.com/contact_us. Please note that some deals – including non-dated local Deals purchased prior to June 1 2014, all Date-Specific Deals and Deals available under the “shop” tab – will not carry a Deal Credit Guarantee.

Termination and Variation

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate or vary these terms and conditions at our election and for any reason, without prior notice. You can check the date these terms and conditions were last updated at the top of the page. Our agreement with you will automatically terminate in the event that you breach any of these terms and conditions. In the event of any termination, you will immediately stop using the Site and the Services.

Disclaimer

We provide the Site and Services "as is", "with all faults" and "as available”. We make no express promises or guarantees about the Site or the Services. We do not promise or guarantee that the Site will meet your requirements, is error-free, or will be without interruption. We do not promise or guarantee that the results that may be obtained from the use of the Site, including any Services or Deals, will be effective, reliable, accurate or will meet your requirements. We make no promises as to privacy and security other than as expressly stated in our Privacy Policy. We do not promise or guarantee that you will be able to access or use the Site or Services at times or locations of your choosing.

Our Liability

Except as relates to purchases of Deals, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any customer in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including:

    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill; nor
    • wasted management or office time, and
    • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Our Liability

Where you have purchased a Deal, we accept responsibility for any loss or damage you suffer to the extent that such loss or damage is a foreseeable result of our breach of these terms and conditions, or of our negligence. Loss or damage is foreseeable if an obvious consequence of our breach/negligence, or if they were contemplated by you and us at the time of your using the Site to conclude a Deal Contract.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

  1. We will contact you as soon as reasonably possible to notify you; and
  2. Our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects the provision of a Voucher to you, we will arrange such provision with you after the Event Outside Our Control is over.

Your Liability

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 these terms and conditions. This compensation obligation will survive the termination or expiry of these terms and conditions and your use of the Site.

Intellectual Property

You acknowledge and agree that LivingSocial and its licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trade marks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of these terms and conditions, except for the limited right to use the Site and Services in accordance with these terms and conditions. “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 trade marks of their respective owners. We reserve all rights that are not expressly granted to you in these terms and conditions.

The content on the Site and Services (the “Content”), excluding all intellectual property of other sites obtained by way of API and/or linking, is owned by LivingSocial, Inc. and/or its affiliates ("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. Content provided by LivingSocial through the Site and Services 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 these terms and conditions in and to the Site and Services.

Copyright Notice

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 authorised 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:

LivingSocial
Attn: DMCA/Copyright Agent
1445 New York Avenue, N.W. Suite 200
Washington, DC 20005
copyright@livingsocial.com

General Terms

You and LivingSocial UK are independent parties, and nothing in these terms and conditions creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these terms and conditions and a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions. You may not assign these terms and conditions 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 these terms and conditions be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach these terms and conditions 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 these terms and conditions. Our rights under these terms and conditions will survive any termination of these terms and conditions.

You represent that you are legally able to accept these terms and conditions. You confirm that you are 18 years of age or older and are fully able and competent to comply with these terms and conditions. If you aren't, you must please stop using the Site and the Services.

Jurisdiction and Applicable Law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, use of the Services, a Contract or a Deal Contract (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country). These terms and conditions 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) shall be governed by and construed in accordance with the law of England and Wales.

These terms and conditions and all documents and communications directly or indirectly relating to it shall be in the English language.