Indulge yourself, spoil your friends
These "Terms of Use" are the terms on which this website: http://www.kelkooselect.co.uk (the "Website"), Vouchers and Services (as defined below) are made available to you. By accessing the Website or using the Vouchers and Services, you agree to be bound by these Terms of Use, so please read them carefully and if necessary print out and save a copy of them. If you do not accept these Terms of Use, you must immediately cease using the Website, Vouchers and/or Services.
In these Terms of Use "you" means the individual accessing the Website or using the Services and "Kelkoo Select" or "we" or "us" means [Time Out Group Limited] of Universal House, 251 Tottenham Court Road, London, W1T 7AB, United Kingdom, except where a Service is provided by another Time Out group company in which case such references shall be references to that Time Out group company.
We are constantly looking for new ways to improve the Website and Services we provide to you. We therefore reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes by your use of the Website, Vouchers or the Services from such time. You must provide us with written notice (by post to [the address set out at paragraph 1 above] or by email to theteam@kelkooselect.co.uk ) should you not wish to be bound by such new Terms of Use.
We provide you with a number of online resources, including but not limited to the information, content and transaction facilities available on the Website (including the ability to purchase Vouchers (the "Services").
For the purposes of these Terms of Use a "Voucher" means a voucher made available to you by us which can be redeemed with a particular third party supplier or service provider (the "Merchant") in return for goods and services specified on the voucher (the "Products").
Once you have registered with Kelkoo Select (see Section 5), you can use the Website to purchase Vouchers. You can then redeem the Voucher in exchange for Products from a Merchant in accordance with the Voucher's terms.
All purchases of Vouchers are made subject to these Terms of Use. Any attempt to use the Voucher in a way that is inconsistent either with these Terms of Use or, where applicable, the Merchant's own terms and conditions, may render the Voucher void.
A binding contract for you to purchase the Voucher and for us to sell the Voucher is only formed once you have completed the purchase transaction on the Website, accepted these Terms of Use, paid the relevant price for the Voucher and we have sent you an email confirming your purchase of the Voucher. You should print off a copy of these Terms of Use and the confirmation email for your records.
Vouchers for hotel accommodation, transport (for example plane, train or car hire) and leisure services (for example tickets for comedy, concerts, theatre and any other performance event) that are to be provided on a specific date are exempt from the Consumer Protection (Distance Selling) Regulations 2000 and therefore cannot be cancelled by you once purchased.
For all other goods and services you have the right to cancel a Voucher from the day after the day that the transaction is complete (i.e. the date when you receive the confirmation email), at any time for any reason within seven (7) business days (a business day is any day excluding Saturdays, Sundays and public holidays). In the event that your purchased service starts before the seven day cancellation period has expired, your cancellation rights will end when the performance of the service starts.
If you do want to cancel, please send us an email to: theteam@kelkooselect.co.uk , send a fax or write to us. In each case, please fully set out the details of your purchase together with all reference numbers and relevant information. Please note that you may not cancel the transaction if you have redeemed the Voucher in whole or in part. Should you choose to cancel you will be entitled to a full refund of any money you have paid in relation to the Voucher within 30 days beginning with the day on which notice to cancel was given to us.
Currently the sale of Vouchers by us is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price for the Vouchers.
All Vouchers are subject to these Terms of Use and the terms and conditions of the relevant Merchant; by making a Purchase you agree to abide by such terms and conditions.
The Voucher must be redeemed prior to its expiry date (as specified on the Voucher) in exchange for Products from the Merchant. The Merchant is solely responsible for redeeming the Voucher, providing you with the Products and for the Products themselves. Kelkoo Select accepts no responsibility or liability in connection with the redemption of the Vouchers and the Products (including availability and fitness for purpose).
The Merchant may decide, in its sole discretion, whether Vouchers can be combined with other vouchers, offers or promotions.
It is not possible to redeem a Voucher in part. If the Voucher is redeemed for less than its face value, any difference between the face value and the amount redeemed is irrecoverable.
Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
Neither we nor the Merchant warrant or guarantee that the Products will be fit to meet your purpose or needs.
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.
We may also offer free product information and buyers' guides and games, and allow you to read reviews and write your own reviews on the Voucher products and Merchants listed on the Website ("User Reviews").
You must read our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies.
If you wish to purchase Vouchers and access certain Services on the Website you must set up an account on the Website.
The Website registration process requires you to provide a valid email address and certain other information. We will use this information in accordance with our Privacy Policy (see paragraph 4 above). You will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else therefore you must tell us immediately if you believe that there has been any unauthorised use of your account.
You warrant the information that you provide as part of the Website Registration process together with all further account information that you provide during your relationship with us is true, complete and accurate and that you will promptly update the all such information as soon as you become aware of any errors, inaccuracies or if any such information becomes out of date.
Should fraudulent use be made of your account resulting in the use of your payment card to make a Purchase, you are entitled to cancel the Purchase and be fully reimbursed by your card issuer.
You may only hold one account at a time and we reserve the right to close your account if you are found to be in breach of these Terms of Use.
You agree to not access the Website and/or use the Vouchers and/or Services to: (a) harm minors in any way; (b) interfere with or disrupt the Website, Vouchers or Services or servers or networks connected to the Website, Vouchers or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, Vouchers or Services; (c) intentionally or unintentionally violate any applicable law or regulation including; (d) extract, collect, process, combine or store personal data about other users; or (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website and/or Vouchers. You are permitted to gift the Voucher to another person.
You agree not to upload, post, email or otherwise transmit: (a) any User Content or other data that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (c) any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Activities such as the fraudulent use of credit/debit cards, fraudulent transactions with either us or a Merchant and activities designed to defraud, deceive and/or exploit us, a Merchant, or any third party are strictly forbidden and could result in criminal charges being brought against you.
The Website, Vouchers and Services are not intended to be accessed, purchased or used by anyone under the age of 18. By accessing the Website, making a purchase of Vouchers and/or using the Services, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access the Website, make a Purchase or use the Services. We have the right to block or terminate your access to the Website or Services, prevent you from making any Purchase and cancel any outstanding Purchase, in the event that we become aware that you are under the age of 18. The Vouchers and the relevant Products may not be suitable for persons under a certain age. You must check the terms associated with a Voucher for usage restrictions.
You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials ("User Content"), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.
With respect to all User Content you elect to post on the Website, you grant us the royalty- free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any User Content that is available via the Services that violates the Terms of Use or is otherwise objectionable.
We may provide product descriptions, pricing information, commentary, user reviews and other content ("Website Content") in relation to the Vouchers. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any Products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
Should you become aware of any errors or omissions, please bring it to our attention by emailing us at: theteam@kelkooselect.co.uk
The Website, Services and Vouchers are designed for use by persons within the UK. We make no representation that the Website, Services and Vouchers together with all related Products are suitable for use outside of the UK. Should you choose to access the Website (or use the Services or make a Purchase) from a non-UK location, you do so at your own risk and Kelkoo will accept no responsibility for any consequences that might arise.
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data is transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement, or via professional databases, we are unable to guarantee that it is fully accurate and exhaustive.
In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant's website, the latter shall prevail.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, Vouchers or Services (or any part thereof) or to launch new Services and/or Vouchers, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Vouchers or Services.
We may occasionally restrict access to the Website and/or the Services due to essential maintenance or as a consequence of modifications being made to the Website and/or the Services. We will endeavour to minimise any disruption that such restriction of access might cause and restore normal access as promptly as possible. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate.
In the event of any changes to Services requiring the opening of a Kelkoo Select account, we will notify users using all appropriate means. You may cancel your Kelkoo Select account online by notifying Customer Services.
These Terms of Use and your ability to access the Website and / or purchase Vouchers may be terminated by Kelkoo Select at any time and for whatever reason, with or without notice.
Kelkoo Select reserves the right to, at any time and for whatever reason, with or without notice, to suspend your ability to access the Website and / or purchase Vouchers. Any such suspension will remain in effect until, in the applicable circumstances, the reasons for the suspension have: (a) expired; (b) have resolved themselves; or (c) have been resolved by you to our satisfaction.
In the event that:
we will take such action against you that we, in our sole discretion, deem to be appropriate.
Termination of these Terms of Use shall be without prejudice to any other rights or remedies either we or you may be entitled to under these Terms of Use or at law and shall not affect any accrued rights or liabilities of either us or you.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from (a) your use of the Services or Website; and/or (b) the use of a Voucher, including any breach or suspected breach of these Terms of Use or your violation of any law or the rights of any third party.
As a consumer, nothing in these Terms of Use affects your statutory rights that cannot be excluded or limited by law.
Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
We do not accept any liability in respect of: (a) the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services or Website or otherwise; (b) the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; (c) your use of any information or materials on the Website (which is entirely at your own risk and responsibility); and (d) Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the Products in respect of which a Voucher may be redeemed. Except as expressly stated in these Terms of Use, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
We shall only be liable for losses you suffer as a result of us breaking these Terms of Use if the losses are a foreseeable consequence of us breaking the Terms of Use. Losses are unforeseeable where they could not be contemplated by you and us at the time the Terms of Use were entered into by you. We are not responsible for any indirect losses which are not foreseeable by you and us (such as loss or profits and loss of opportunity).
We shall not be liable for any breach of our obligations under these Terms of Use where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock- out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of (a) £100 or (b) 100% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
Notices to you may be made via either email or regular mail. The Services and Vouchers may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Services and/or Vouchers.
"KELKOO SELECT" and "KELKOO Compare, Buy, Save" and other Kelkoo logos and product and service names are trademarks of Kelkoo.com (UK) Limited (the "Kelkoo Marks"). Without our prior permission, you agree not to display or use in any manner, the Kelkoo Marks.
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to our Legal Department at legal@kelkooselect.co.uk
These Terms of Use and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the Website, Vouchers and the Services, superseding any prior agreements between you and us.
All provisions of these Terms of Use apply equally to and are for the benefit of Kelkoo Select, its subsidiaries, any holding companies of Kelkoo Select, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Use may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Use is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.
In the event of any dispute between you and us concerning these Terms of Use, the laws of England and Wales will apply. If you wish to take court proceedings against us, you must do so within England and Wales. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use continue to apply.
Neither you nor Kelkoo may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
The Website and the Services are owned and operated by Time Out Group Limited, a company registered in England and Wales whose registered office is at Universal House, 251 Tottenham Court Road, London, W1T 7AB, United Kingdom. If you have any queries or wish to make a complaint please contact Customer Services by email, at theteam@kelkooselect.co.uk , or by post at the address set out above.