Wowcher E-Commerce Terms

(21 June 2012)

This website ("Site") is operated by Wowcher Limited ("we", "our" or "us"). We are registered in England and Wales under company number 4264984 and have our registered office at Northcliffe House, 2 Derry St, London W8 5TT. Our VAT number is GB 243 571 174

Where we issue Vouchers on the Site, such transactions are governed by the terms and conditions set out below.

Please read these terms and conditions carefully before ordering any Vouchers. You should understand that by ordering Vouchers, you agree to be bound by these terms and conditions.

1. Definitions

In this Agreement:

"Deal Page" means the page on the Site which outlines a deal including details of the Supplier and details of the Voucher Products offered by such Supplier;

"Expiry Date" means the date specified on a Voucher as the date after which the Voucher is no longer redeemable at (i) a particular Supplier or (ii) as Wowcher Wallet Credit;

"Fine Print" means terms and conditions relating to the supply of the Voucher Products and redemption of the Vouchers as set out on the Deal Page under the headings "Fine Print" and "Full Details" including, but not limited to, the Supplier's Terms and Conditions;

"Supplier" means a third party seller of goods and/or services;

"Supplier's Terms and Conditions" means terms and conditions issued by the Supplier in relation to the supply of Voucher Products;

"Tipping Point" means the minimum number of orders for Vouchers as set out on the Site;

"Voucher" means a voucher (also called a Wowcher) which allows you to redeem it (i) at a particular Supplier in exchange for Voucher Products offered by that Supplier or (ii) as Wowcher Wallet Credit.

"Voucher Products" means the goods and/or services which are offered by a Supplier; and

"Wowcher Wallet" means a credit account for your use in connection with purchases on the Site.

"Wowcher Wallet Credit" means credit in a Wowcher Wallet.

2. Your status

By placing an order through the Site, you warrant that:

• a. you are legally capable of entering into binding contracts;
• b. you are resident in the UK and are accessing the Site in the UK; and
• c. you are at least 18 years old.

3. How the contract is formed between you and us

3.1. After placing an order, you may receive an order acknowledgment e-mail from us or our payment processor confirming that we have received your order ("Order Acknowledgment Email"). Please note that receipt of an order acknowledgement email does not mean that your order has been accepted even if we may have processed your payment as your order constitutes an offer to us to buy a Voucher. The contract between us ("Contract") will only be formed when we dispatch the Voucher to you by email on its issue to us.

3.2. If the Tipping Point is not reached then we reserve the right not to dispatch a Voucher to you (in which case we shall promptly refund any payment that has already been processed).

3.3. We reserve the right to change, modify, substitute, suspend or remove any information relating to a Voucher advertised on the Site at any time before a Contract is formed.

4. Cancellations and refunds

4.1 You may cancel a Contract for a Voucher up to seven working days after the day you receive the Voucher provided that you have not already redeemed the Voucher (i) at a Supplier or (ii) as Wowcher Wallet Credit. If you cancel during this period, you will receive a full refund of the price paid for the Voucher.

4.2. To cancel a Contract, you must inform us in writing by emailing us at enquiries@wowcher.co.uk and you must destroy the Voucher and delete any emails sent to you with a copy of the Voucher. If you fail to comply with this obligation and/or attempt to use a cancelled Voucher, we may have a right of action against you for compensation.

4.3. You will not have any right to cancel a Contract where the Voucher has already been redeemed (i) at a Supplier or (ii) as Wowcher Wallet Credit or where the Voucher has passed its Expiry Date.

4.4. If you have cancelled the Contract in accordance with clause 4.1 above then we will refund the amount paid for the Voucher in full and any refund will be made within 30 days of a cancellation made in accordance with clause 4.1 and usually by the same method originally used by you to pay for your purchase.

5. Price and delivery charges

5.1. The price of any Voucher will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 5.2 below.

5.2. It is always possible that, despite our best efforts, some of the Vouchers listed on the Site may be incorrectly priced. We are under no obligation to dispatch any Voucher to you at the incorrect (lower) price. Furthermore, Suppliers are not obliged to accept any issued Voucher nor are we obliged to honour a claim made for a Wowcher Wallet Credit in respect of any issued Voucher, if the pricing error was obvious and unmistakeable and could have reasonably been recognised by you as a mispricing. In these instances, you will receive a full refund of the price paid for the Voucher.

6. Voucher and voucher products

6.1. The Voucher will set out the Supplier's details and the Voucher Products (i.e. the goods and/or services which will be offered by that Supplier) and details of how to redeem the Voucher at a supplier. The Voucher will also set out how it can be redeemed for a Wowcher Wallet Credit.

6.2. The Voucher is valid until the Expiry Date. After the Expiry Date the Voucher will be void and the (i) the Supplier will not provide the Voucher Product and (ii) we will not accept a claim to redeem the Voucher for a Wowcher Wallet Credit.

6.3. The Voucher Products are provided by the Supplier named on the Voucher in accordance with clause 6.1. The Supplier is solely responsible for:

• a. providing the Voucher Products to you; and
• b. the Voucher Products.

If you have any complaint in relation to the Voucher Products you should contact the Supplier directly.

6.4. Each Voucher is subject to its own terms and conditions as set out in the Fine Print. By placing an order through the Site, you warrant that you agree to and will abide by the Fine Print. In an event of a conflict between these E-Commerce Terms and the Fine Print, the Fine Print will prevail.

6.5. Reproduction, sale, resale or trade of a Voucher is prohibited and we reserve the right to cancel any Voucher, at our discretion, if we believe that you have not complied with the provisions of this clause 6.5.

6.6. It is at the discretion of the Supplier whether a Voucher can be combined with any other vouchers, offers, promotions, coupons or gift certificates on redemption of the Voucher at the supplier.

6.7. It is at the discretion of the Supplier whether to accept a Voucher for alternative goods and/or services to the Voucher Products provided that, where a Voucher is redeemed at a Supplier for alternative goods and/or services, there is no entitlement to a refund or a credit if such goods and/or services received have a value which is less than the Voucher's stated face value.

6.8. Except where expressly stated, Vouchers can only be redeemed in their entirety and may not be redeemed in part and/or instalments.

6.9. Neither we nor the Supplier are responsible for lost or stolen Vouchers.

6.10. As stated on the Voucher, the Voucher can be redeemed with us prior to Expiry Date for a Wowcher Wallet Credit to the value of :

• a. 100% of the price paid for the Voucher where you redeem it up to 30 days after the date of its issue; or
• b. 50% of the price paid for the Voucher where you redeem it over 30 days after the date of its issue.

7. Wowcher wallet

7.1. The "Wowcher Wallet" is where any credit that you may have been awarded to use on www.wowcher.co.uk (the "Wowcher Website") will be found.

7.2. You can see the current balance in your Wowcher Wallet and the historical balance by logging onto the Wowcher Website and viewing the "My Account" pages.

7.3. Any credit in your Wowcher Wallet will expire (i) at midnight on the expiry date set out in either the Voucher or in the communication awarding you the credit or (ii) if no date is set out when you are awarded the credit at midnight 3 months from the date of the communication awarding you the credit.

7.4. If you receive credit to your Wowcher Wallet, the credit will automatically be applied when you next purchase a Wowcher on the Wowcher Website unless you ask us not to when you place your order.

7.5. If you cancel a Contract for a Wowcher which you have bought using any Wowcher Wallet Credit you will forfeit such Wowcher Wallet Credit and we will only refund you the amount paid for the Wowcher in excess of any such Wowcher Wallet Credit.

8. Our liability

8.1. Subject to clause 8.3 below, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Voucher you purchased.

8.2. We are not responsible for the Voucher Products and/or any other goods and/or services for which a Voucher can be redeemed at a supplier. The Supplier is solely liable to you for all Voucher Products and/or any goods and/or services which the Supplier provides to you.

8.3. This clause 8 does not include or limit in any way our liability:

a. for death or personal injury caused by our negligence;

b. for fraud or fraudulent misrepresentation; or

c. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.4. Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:

• a. loss of income or revenue;
• b. loss of business;
• c. loss of profits;
• d. loss of anticipated savings;
• e. loss of data;
• f. waste of management or office time; or
• g. indirect, special or consequential loss.

9. Written communications

9.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

10. Events outside our control

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

10.2 The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.

11. Waiver

11.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3. No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12. Severability

If any provision of these terms and conditions or any Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining terms and conditions or any Contract which will continue to be valid to the fullest extent permitted by law.

13 Entire agreement

13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

14 Law and jurisdiction

14.1 Contracts for the purchase of Vouchers through the Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.