Rewardingtimes.ie ("the Site") is a website owned and operated by The Irish Times Limited having its registered office at The Irish Times Building, 24-28 Tara Street, Dublin 2. By viewing and using the Site and/or purchasing a Voucher you are deemed to consent to and accept these Terms and Conditions of Use ("these Terms"). Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and the Service (as defined). By using the Site and/or the Service offered on the Site, you ("the User") are deemed to warrant that you are 18 years or over.
Definitions - The following terms when used in these Terms or any document referred to herein shall have the following meaning:
"Activation of the Offer" means the Offer activates, payments are processed and the Vouchers which are issued become capable of being redeemed by the Customer from the Merchants;
"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by parliament, government or any competent court or authority in relation to the subject matter of these Terms;
"Business Days" means a day (other than Saturday, Sunday or public holiday in Ireland) when banks in Dublin are open for business;
"Customer" means you, being any person who Purchases a Voucher or the person in possession of the Voucher from time to time;
"Force Majeure" means national emergency, war, prohibitive governmental regulations or any other cause beyond the control of The Irish Times Limited which shall render performance of its obligations herein impossible;
"Merchant" means the third party supplier of goods and/or services who has agreed to accept presentation of the Voucher as full or part payment for the obligation to provide the Voucher Products;
"Microsite" means any auxiliary website supplementary to the Site;
"Offer" means an offer to Purchase Vouchers redeemable against Voucher Products of the Merchant to users of the Site at a discount price in accordance with any terms as may be stipulated on the face of the Voucher and/or on the Site at the time of promotion of the Offer;
"Payment Details" means the electronic payment details validly entered by you on the Site upon reservation of a Voucher;
"Purchase" means the purchase of a Voucher on the Website in accordance with these Terms;
"Service" means all or any of the services provided through the Site including the information services, content and transaction capabilities on the Site (including the ability to make a Purchase);
"Voucher" means a voucher issued by us to you on behalf of the Merchant, which entitles the Customer to redeem specified Voucher Products from a specified Merchant in accordance with the terms of the Offer;
"Voucher Products" means goods and/or services which are described or referred to within the terms of the Voucher;
"You" or "you" or "Your" or "your" means the Customer.
"Rewardingtimes.ie", "We", "we", "Us", "us", "Our", or "our" means The Irish Times Limited
3. ACCESS TO THE SERVICE
- 3.1 The User must:
- provide all equipment, including a computer and modem, necessary to establish a connection to the Web;
- provide for the User's own access to the Web and pay any telephone or other connection and service fees associated with such access;
- 3.2 We assume no responsibility for functionality which is dependent on the Merchant or Customer's browser or other third party software to operate.
4. MODIFICATIONS OF THE TERMS OF SERVICE
We reserve the right to modify these Terms at any time and at our sole discretion and without notice to you. It is the responsibility of the User to regularly review these Terms for modifications. By continuing to use the Service, the User agrees to be bound by the amended Terms and Conditions of Use.
5 SCOPE OF THESE TERMS AND CONDITIONS OF USE
- 5.1 As a consumer, nothing in these Terms affects your statutory rights.
- 5.2 Unless otherwise specified on the face of the Voucher and/or the Website at the time of the promotion of the Offer, the Service and the Vouchers on this Website are directed solely at those who access this Website from the Republic of Ireland. We make no representation that the Service and/or any Voucher Products referred to on this Website are appropriate for use, or available, in other locations outside the Republic of Ireland. Those who choose to access this Website from other countries are responsible for compliance with Applicable Laws if and to the extent local laws are applicable.
- 5.3 The Site, Service and any Purchase are for your own non-commercial, personal use only must not be used for business purposes.
6. INFORMATION REQUIRED BY LAW
Rewardingtimes.ie is required by law to provide the User with the following information:
- Rewarding times.com is a website address owned by The Irish Times Limited. The Irish Times can be contacted through the Site or at The Irish Times Limited, The Irish Times Building, PO Box 74, 24-28 Tara Street, Dublin 2.
- The VAT number of The Irish Times Limited is IE8L40281T.
- Written confirmation of Purchase of any Voucher shall be provided to the User at the email address supplied during Purchase. The User has a period of seven working days from receipt of the respective Voucher to withdraw from Purchase without penalty and without giving any reason by giving notice in writing. Following that period the User can cancel Purchase at any time by giving notice in writing without prejudice to any rights that may have accrued to rewardingtimes.ie.
8. THE SERVICE
- 8.1 We provide the Service which enables you to Purchase Vouchers which entitle you to redeem Voucher Products from specified Merchants at discount or exclusive prices.
- 8.2 We act as sales agent for each of the Merchants selling Vouchers through the Site.
- 8.3 When you Purchase Vouchers through the Site, the Merchant and not us is:
- the seller of the Voucher Products;
- solely responsible for allowing you to redeem any Voucher you Purchase;
- solely responsible for supplying the Voucher Products to you;
- solely responsible for supplying the Voucher Products in accordance with the description provided on the Voucher.
- 8.4 We do not warrant that the Voucher Products will be fit for purpose or free from defects.
- 8.5 We reserve the right to withdraw or amend the Service without notice. We will not be liable if the Site is unavailable at any time for any period.
9. THE VOUCHERS
- 9.1 A Voucher will be subject to terms, restrictions and conditions associated with the respective Offer.
- 9.2 For verification purposes and in order to facilitate valid redemptions of Vouchers, each Voucher shall bear a unique sequential number and a security number.
- 9.3 All Vouchers shall display a redemption period on the face of the Voucher and/or on the Site during which time the Customer can redeem the Voucher.
- 9.4 The Merchant is obliged to fulfil all valid Vouchers presented during the respective redemption period.
- 9.5 You will only be permitted to redeem one Voucher during the respective redemption period.
- 9.6 Each Offer will be open for a limited period.
10. THE TRANSACTION
- 10.1 On entering your payment details, you authorise us to charge you the cost of the Voucher(s) but this does not constitute any obligation on our part to sell you a Voucher and/or provide you with a Voucher Product.
- 10.2 A contract for purchase of the Voucher Products shall only be made between you and the Merchant when we email you confirming that a Purchase has completed. For the avoidance of doubt, no contract shall ever exist as between you and us for purchase or supply of the Voucher Products.
- 10.3 Subject to the terms of the respective Offer, to Activation of the Offer, and to entry of valid Payment Details by you we will email the Voucher to the email address provided by you.
- 10.4 By purchasing a Voucher you consent to receipt of emails from us with regard to further offers available to users of rewardingtimes.ie.
11. REDEMPTION OF THE VOUCHERS
- 11.1 Upon Activation of the Offer, the Voucher shall be redeemable by you from the Merchant for the specified Voucher Products during the redemption period specified on the Voucher and/or Site.
- 11.2 There will be restrictions on the redemption of the Voucher in conjunction with other promotions, discounts, deals or vouchers and any such restrictions will be set out on the face of the respective Voucher and/or on the Website.
- 11.3 Where a Voucher has not been redeemed by you within the redemption period provided for on the face of the Voucher and/or the Site the Voucher shall be deemed to have expired and therefore void. The Merchant is not obliged to provide you with any goods or services in return for an expired Voucher. We will not refund any Vouchers which have expired.
- 11.4 The Merchant may have standard terms and conditions which apply to all its customers (separate from the conditions of use of any Vouchers) and we will have no responsibility in relation to the application of the Merchant’s standard terms and conditions.
12. YOUR RIGHTS
- 12.1 You will have the right to a full refund from us for a period of 7 working days after receipt by you of the respective Voucher ("the Cooling Off Period") provided you have not already redeemed or partially redeemed the Voucher.
- 12.2 If you wish to cancel your Purchase during the Cooling Off Period, you must send an email notification to email@example.com.
- 12.3 If, after redemption of the Voucher, you are not satisfied with any aspect of the Voucher Products please direct your complaint within 5 (five) business days of redemption to the Merchant.
- 12.4 We reserve the right, in our sole discretion, to approve or deny any refund request in accordance with Applicable Laws.
13. YOUR OBLIGATIONS
- 13.1 All details provided by you in making a Purchase including Payment Details, email address and/or postal address must be valid and up to date.
- 13.2 You warrant that all of the information referred to at clause 13.1 is true, complete and accurate.
- 13.3 You warrant that you are legally entitled to Purchase a Voucher.
- 13.4 It is your responsibility to ensure that the Voucher Products meet your requirements before you Purchase a Voucher.
14. USER CONDUCT
- 14.1 The following uses of the Site, the Service and Vouchers are prohibited and you undertake not to do any of the following:
- upload, post or otherwise transmit any data, text, messages or other materials ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
- collect or store personal data about other users;
- attempt to gain unauthorised access to any website or service, other User accounts, computer systems or networks connected to any irishtimes.com site or service, through hacking, password mining or any other means;
- resell the Voucher;
- enter into fraudulent interactions or transactions with us or a Merchant;
- furnish false data or data obtained by unlawful and/or fraudulent means.
15. OUR OBLIGATIONS
- 15.1 We shall make available to you the Service described at clause 8 above.
- 15.2 We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time.
16. SUSPENSION AND TERMINATION
- 16.1 We reserve the right to suspend or terminate all or part of the Service at any time without notice, and without issuing any refunds if the User is in breach of these Terms. We shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
- 16.2 Notwithstanding clause 16.1 we may terminate the agreement made pursuant to these Terms at any time.
- 17.1 The User agrees to indemnify, defend (at our request), and hold The Irish Times Limited, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the User's use of the Service or any part thereof, the violation of these Terms or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts, or the User’s consumption/use of the Voucher Products.
18. LIMITATION OF LIABILITY AND DISCLAIMER
- 18.1 We shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if we have been advised of the possibility of such damages, howsoever arising, out of use of the Site or Service or consumption/use of the Voucher Products.
- 18.2 To the extent permitted by law, we provide the Site and/or Service without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The Site provides content from other sources and while we try to ensure that material included on the Site is correct and the Voucher Products offered are of good quality, we cannot accept responsibility if this is not the case and, as stated above, we disclaim all liability in respect of Voucher Products. This disclaimer does not affect your statutory rights against the Merchant.
19. LINKS FROM OUR WEBSITE
- 19.1 The Site or Service may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of rewardingtimes.ie and the User agrees that rewardingtimes.ie is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by rewardingtimes.ie or any association with its owners or operators. User correspondence or business Offering with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such Offerings, are solely between the User and such advertiser or third party. The User agrees that rewardingtimes.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such Offerings or as the result of the presence of such advertisers or third parties on the Site or Services.
20. INTELLECTUAL PROPERTY
- 20.1 The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either advertisements, or Internet-distributed, commercially produced information presented to the User by the Site or Services, may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal licence for the User's own personal, non-commercial use for the Site and Service and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant intellectual property owner.
21. DATA PROTECTION
- 22.1 We shall not be liable to you as a result of any delay or failure to perform our obligations under these terms if and to the extent such delay or failure is caused by a Force Majeure event.
- 22.2 Any waiver (express or implied) by either party of any breach of these Terms shall not constitute a waiver of any other or subsequent breach. No provision of these Terms will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the us in writing.
- 22.3 Notices to be given pursuant to these Terms shall be in writing and shall be delivered by email. Notices to us shall be sent to firstname.lastname@example.org. Notices to the User shall be sent to the email provided at the time of Purchase.
- 22.4 You may not assign or otherwise transfer your rights or obligations pursuant to these terms. We shall have the right to assign or otherwise transfer any or all of our rights or obligations pursuant to these Terms.
- 22.6 If any provision of these Terms is deemed to be or becomes invalid, illegal, void or unenforceable under Applicable Laws, such provision will be deemed amended to conform to Applicable Laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of this Contract shall not be impaired or affected in any way.
- 22.7 Nothing in these Terms shall be construed as creating a partnership or joint venture between you and us.
- 22.8 These Terms shall be construed in accordance with the laws of the Republic of Ireland, and shall be subject to the exclusive jurisdiction of the Courts of the Republic of Ireland.