Welcome to The Groupshopper. The following terms and conditions (the “Agreement”) form a binding agreement between you and the The Groupshopper company, which is sometimes referred to as “The Groupshopper,” “we,” “us” or “our.” Please review the following terms carefully. By using the Site or any The Groupshopper Services, you are agreeing to these terms, and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term “you” refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
The Groupshopper is an online community for businesses or individuals to purchase goods at Group Discounts, specify their interests, browse the sales of The Groupshopper and associated businesses, and get recommendations around their interests (the “Services”) through our website located at http://www.The Groupshopper.com/ and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the “Site”). The Services also include the opportunity for you to purchase special Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as “The Groupshopper.”
Conditional Use of Our Site and Services
Your permission to use The Groupshopper is conditioned upon your agreement that you:
- are 18 years of age or older to purchase any Deal;
- will comply with these Terms of Service;
- will not copy or distribute any part of The Groupshopper in any medium without The Groupshopper’s prior written authorization;
- will provide accurate information when creating an account or registering for our Services;
- are solely responsible for your User ID and the activity that occurs while signed in to or while using The Groupshopper using your User ID;
- will not use The Groupshopper to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on The Groupshopper for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize The Groupshopper to use any and all Content submitted by you to The Groupshopper in accordance with the licenses granted in this Agreement;
- hereby grant each The Groupshopper user, whether using The Groupshopper or an application authorized by The Groupshopper but developed via a third-party developer, a non-exclusive license to access the Content you submit through The Groupshopper and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through The Groupshopper’s functionality and under these Terms of Service;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to The Groupshopper; and
- hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Your Account and The Groupshopper Profile
If you choose to create an account or The Groupshopper profile with us, 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 obtain unique log-in credentials (a “User ID”). Access to the The Groupshopper Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by The Groupshopper may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
The Groupshopper relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Non-Confidentiality, Security and Privacy
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by The Groupshopper, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the The Groupshopper Merchant for their commercial purposes including to provision the Deal.
Any communications between you and The Groupshopper, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information and other Content
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by The Groupshopper), and you agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by The Groupshopper in its sole discretion,
- is false or inaccurate, or
- could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
General Rules of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize 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 unsolicited email advertisements or spam;
- 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 and Services; or
- impersonate another user.
Links to Third Party Sites
We don’t have control over websites that The Groupshopper may link to. The Groupshopper may contain links to third party websites that are not owned, operated, or controlled by The Groupshopper. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using The Groupshopper you expressly relieve us from any and all liability arising from your use of any third party website.
The Groupshopper provides consumers with opportunities to purchase products and services from third party merchants (“Merchants”) with a time limited promotional added value (a “Deal”). Merchants are willing to offer attractive promotionals in order to reach the The Groupshopper community.
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will received a confirmation of the Deal and your credit card will be charged for the a full or partial amount of the Deal, and in case of the latter you are required to make the balance payment at a latter date specified in the terms and conditions of the deal. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to Deals, view your past purchases, and modify your preferences.
- The Deal
Each Deal may or may not combine separate portions that make up the Deal: (i) an advance paid portion equal to the amount your credit card is charged (the “advance paid portion”); (ii) a balance portion due before domestic shipping is effected (the “balance portion”); and (iii) a shipping portion which is due with the “balance portion” (the “shipping portion”)
In the event the deal offers ‘free shipping’ “the shipping portion” is zero. In the event the deal offers immediate delivery, the “balance portion” is zero.
- Expiration Dates, Order and Fulfillment dates
Unless specified as ‘immediate”, the start, expiration, order and fulfillment dates are specified on a deal.
Shipping for all products is executed by a 3rd party logistics provider nominated by the Merchant unless you provide a specific preferred option. The Groupshopper will make best efforts to ensure that these providers are reliable, effective and bona fide. You will be notified of the method of shipment by The Groupshopper prior to payment of the “shipping portion”. Once the shipping provider has been approved and the “shipping portion” is paid, the shipment is effectively in the hands of a 3rd party and you will not hold The Groupshopper responsible for liabilities, damages, shortages or delays arising from shipping and transportation.
- 5. Delivery & Shortages
Unless notified to carrier at time of delivery, shipments will be assumed to be delivered in full. Shipments will be accompanied by an invoice & packing list, and any discrepancies must be noted at time of delivery and directed towards the Merchant.
- Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
- Merchant Responsibility
To be clear, The Groupshopper markets the Deals and acts an as agent in selling the Deals on behalf of the Merchants. But the Merchant is the issuer of the Deals. As issuer of the Deals, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from purchased Deals.
- Promotions of the Deal Program
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
- Products Available for Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. The Groupshopper reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Deal for any product or service to a person residing in any jurisdiction or geographical area. The Groupshopper does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
The Groupshopper will provide a refund of the purchase price paid by you for any Deal within 48 hours after purchase, provided that the products have not been shipped, OR if the Deal specified by the Merchant is unable to be fulfilled. If the Deal provided by the Merchant is unable to be fulfilled because of inadequate volumes to achieve the group discount The Groupshopper will immediately refund your funds on notification from the Merchant, which is within 5 days of the Deal closing.
- Deal Violations
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. The Groupshopper will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.
Disclaimers of Warranty
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE GROUPSHOPPER. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless The Groupshopper, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to The Groupshopper; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The Groupshopper.
Reservation of Rights and Release
The Groupshopper reserves the right, but has no obligation, to monitor, or take any action The Groupshopper deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “The Groupshopper” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on The Groupshopper, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by The Groupshopper. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to The Groupshopper, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and and international conventions. Content provided by The Groupshopper 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 in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
The communications between you and The Groupshopper use electronic means, whether you visit the Site or send us emails, or whether The Groupshopper posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Groupshopper in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Groupshopper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Entire Agreement, Changes to this Agreement and Waivers
These Terms of Service, and any other legal notices published by The Groupshopper on the Site or any Deal Voucher, shall constitute the entire agreement between you and The Groupshopper concerning The Groupshopper. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of The Groupshopper’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of The Groupshopper. No purported waiver or modification of this Agreement by The Groupshopper via telephonic or email communications shall be valid.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
Any claim or dispute between you and The Groupshopper that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of Washington.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement 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 this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND THE GROUPSHOPPER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GROUPSHOPPER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of The Groupshopper.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
© 2017, The Groupshopper Co., All Rights Reserved.