Website General Terms of Use

Effective from 20 October 2011


Please read these Website General Terms of Use ("General Terms") carefully before using this website (the "Site"). Using the Site indicates that you accept these General Terms. If you do not accept these General Terms, do not use the Site.


If we change these General Terms, we will post the revised document here with an updated effective date. If we make significant changes to these General Terms, we may also notify you by other means such as sending an email or posting a notice on our home page.


1. INFORMATION ABOUT US


The Site is operated by Associated Newspapers Limited ("we", "our", or "us"). We are registered in England and Wales under company number 00084121 and have our registered office at Northcliffe House, 2 Derry Street, London W8 5TT. Our VAT number is GB 243571174


You can contact us using the following email address: enquiries@wowcher.co.uk


2. ACCESS TO THE SITE


2.1. We shall not be liable if for any reason the Site is unavailable at any time or for any period.


2.2. From time to time, we may restrict access to all or some parts of the Site to users who have registered with us.


2.3. You must be 18 years old or older to register on the Site.


2.4. Only one registration per person is allowed. You must keep your registration information up to date.


2.5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party


2.6 You must not:


( i ) impersonate or try to impersonate another person;


( ii ) disclose your password to anyone else;


( iii ) allow anyone else use your account;


( iv ) use anyone else's account.


2.7. You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing enquiries@wowcher.co.uk


2.8. We reserve the right to restrict or deny you access to all or some parts of the Site if, in our opinion, you have failed to comply with these General Terms.


3. INTELLECTUAL PROPERTY AND PERMITTED USE


3.1. We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2. You may print and download extracts from the Site for personal non-commercial use on the following basis:

3.2.1. no documents or related graphics are modified in any way;

3.2.2. no graphics are used separately from accompanying text;

3.2.3. and no copyright and trade mark notices are removed.

3.3. You agree not to:

3.3.1. use the Site for commercial purposes without obtaining our prior written agreement;

3.3.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site except as permitted above.


4. MATERIAL SUBMITTED BY YOU


4.1. Except for information that identifies you personally (e.g. your name, address, telephone number, email address and payment details), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.

4.2. You agree not to submit any material:

4.2.1. that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or

4.2.2. that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; or

4.2.3. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

4.2.4. which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.

4.3. We are not obliged to use material submitted by you and we may remove from the Site and our database any of the material submitted by you at our sole discretion.

4.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of clause 4.2.

4.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.


5. DATA PROTECTION AND PRIVACY


5.1. We use and process your personal information in accordance with our Privacy Policy.

5.2. We hold a data protection registration and comply with the Data Protection Act 1998.


6. THIRD PARTY CONTENT AND LINKS


6.1. We are not liable or responsible for the third party content on the Site. Third party content includes, for example, comments posted by other users and display advertising.

6.2. Where the Site contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.


7. LIABILITY


7.1. The material contained on the Site is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the materials on the Site.

7.2. We are not liable for:

7.2.1. any action you may take as a result of relying on any information/materials provided on the Site or for any loss or damage suffered by you as a result of you taking such action; or

7.2.2. any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site; or

7.2.3. any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach by us of these General Terms.

7.3. We are not responsible if you cannot use the Site properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)

7.4. 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.

7.5. Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.


8. VALIDITY OF THESE GENERAL TERMS


If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.


9. APPLICABLE LAW AND JURISDICTION


These General Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and these General Terms.



10. WOWCHER WALLET TERMS AND CONDITIONS


  1. 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.


  2. 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.


  3. 3. Any credit in your Wowcher Wallet will expire at midnight on the expiry date set out in the communication awarding you the credit or, if no date is set out when you are awarded the credit, at midnight 3 months from the date of the communication to you awarding you the credit.


  4. 4. If you are awarded 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.


  5. 5. If you cancel a Contract for a Wowcher which you have bought using any credit in your Wowcher Wallet you will forfeit any such credit and we will only refund you the amount paid for the Wowcher in full less any such credit.


Privacy Policy


Effective from 16 March 2011


This privacy policy applies only to this website (the "Site"). If you do not accept this privacy policy, you must not use the Site.


Collection of Personal Information

We collect personal information from you (such as name, address, telephone number, email address etc) when you complete registration or enquiry forms, order any products or services, participate in message boards, blogs or any other user generated content facilities or send emails to us. Please do not submit your personal information to us if you do not wish us to collect it.


Collection of Other Information/Cookies

In addition to personal information, we may collect information about you automatically when you visit the Site. The collection of information may involve the use of cookies and web beacons. A web beacon is a small graphic image placed on a web page that is designed to allow us to monitor traffic on the Site. A cookie is a small text file that is placed on your computer's hard drive by your web browser when you first visit the Site. The cookie allows us to identify your computer and find out details about your last visit. Most internet browsers accept cookies automatically, but usually you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. If you choose not to receive our cookies, we cannot guarantee that your experience with the Site will be as quick or responsive as if you do receive cookies.


The information collected by cookies and web beacons is not personally identifiable, it includes general information about your computer settings, your connection to the internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Site and geographical location.


Advertising on the Site is provided by another organization. Our advertising partner will serve advertisements that it believes are most likely to be of interest to you, based on information about your visit to the Site and other websites (this information is anonymous in that it does not include your name, street address, email address or telephone number). In order to do this, our advertising partner may need to place a cookie on your computer. For more information about this type of online behavioural advertising, about cookies, and about how to turn this feature off, please visit www.youronlinechoices.co.uk.


Use of Your Information

By using this Site, you agree that we may collect, hold, process and use your information (including personal information) for the purpose of providing you with the Site services and developing our business which includes (without limitation):


personalising your visits to the Site and developing the design and style of the Site to improve the services provided to you;


informing you about the latest changes to the Site, products, services or promotional offers that you might find interesting;


customer service and support;


communicating (and personalising such communication) with you;


enabling you to share our content with others e.g. using an 'Email a friend' or 'Share this' functionality;


conducting market research; and/or


carrying out technical and statistical analysis to measure the performance of our services and the Site.


Sharing Your Personal Information

We may share information about you with suppliers that we engage to help us provide certain services and/or functionality e.g online payment processing. We will use reasonable endeavours to control and be responsible for the use of your information by such suppliers. Furthermore, by using the Site, you consent to the transfer of your personal information outside of the European Economic Area (which may not provide the same protection for such information as the European Economic Area provides) in the event that the processing of your information involves such a transfer.


By using the Site, you agree that we may disclose your personal information to other companies within the Daily Mail and General Trust plc group of companies (see www.dmgt.co.uk for further information).


Subject to obtaining your consent, we may also supply personal information about you to third parties.


We reserve the right to disclose your personal information to comply with applicable laws and government or regulatory bodies' lawful requests for information.


We may transfer, sell or assign any of the information described in this privacy policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business.


Keeping Your Personal Information Secure

We take the security of your personal information very seriously and have appropriate physical, technical and administrative procedures in place to help protect your personal information from unauthorized access, use or disclosure as required by law in England.


Accessing Your Personal Information

If you wish to review or receive copies of the personal information we hold about you, change your marketing preferences or have any other queries about this privacy policy, please write to us (including full details of your request) at the following address:


Privacy Team

Wowcher

Northcliffe House

Meadow Road

Derby

DE1 2BH


We may charge a small administration fee (not exceeding the maximum permitted by law in England) in relation to fulfilling a request for access to personal information.


Unsubscribing from emails

If you wish to unsubscribe from emails from wowcher.co.uk, please click on the unsubscribe link in your email or email enquiries@wowcher.co.uk with unsubscribe in the subject line.


Changes to this Privacy Policy

If we change this privacy policy, we will post the revised privacy policy here with an updated effective date. If we make significant changes to the privacy policy, we may also notify you by other means such as sending an email or posting a notice on our home page.