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General
This website ("Pigsback.com website") is provided by Empathy Marketing Limited with registered offices at 3016 Lake Drive, City West Business Campus, Saggart, County Dublin, Ireland (hereinafter referred to as "Pigsback.com"). Participation in the Pigsback.com Programme is governed by terms and conditions which are outlined in the terms and conditions area of the Pigsback.com website. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email Pigsback.com at memberservices@pigsback.com.
Acknowledgement and acceptance
This Agreement ("the Agreement") outlines the terms and conditions governing your participation in the Pigsback.com Programme and it is your responsibility to read and understand them. Through enrolling and/or using the Pigsback.com Programme you become a member of the Pigsback.com Programme ("Member") and you agree to be bound by these terms and conditions. Participation in the Pigsback.com Programme is offered at the sole discretion of Empathy Marketing Limited who own and operate Pigsback.com (hereinafter referred to as "Pigsback.com").
Pigsback.comreserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Members understand and acknowledge that most recent version of this Agreement will be located on the Pigsback.com website at [terms and conditions area]. Members non-termination or continued use of the Pigsback.com Programme constitutes an affirmative acknowledgement by the Member of any modification to this Agreement and consent to be bound by its terms. A Member may terminate his/her membership at any time if he does not agree with the terms of this Agreement.
Pigsback privacy promise
It is Pigsback.com's policy to respect the privacy of its members. Pigsback.com will not monitor, edit or disclose any personal information about you without your prior consent. In the course of the Pigsback.com Programme, Pigsback.com may acquire personal data and information about you which you have registered with us. In this regard, Pigsback.com undertakes to only use your data in complete accordance with the following conditions: We will not rent or sell any data which may personally identify you to any third party.
We may aggregate your data for disclosure to advertisers or business associates for promotion and marketing purposes. By way of example, we may disclose to an advertiser the percentage age groups of our members but in such an event we undertake to ensure that no such data could be used to personally identify you.
We may access your lists and related communications for technical processing and to address technical problems or service complaints.
Certain data such as your password will never be disclosed. You are responsible for keeping your password confidential and for all activities that occur under your password or account. Please let Pigsback.com know of any unauthorised use of your password, or any other breach of security.
We will clearly state why we are collecting personal information and how it will be used. At your request we will allow you inspect and edit any personal data relating to you.
We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing) we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believe necessary or appropriate.
Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder Pigsback.com from complying with its legal obligations as to disclosure or otherwise under the Data Protection Act 1988.
By joining the Pigsback.com Programme you agree to allow Pigsback.com to communicate with you via email regarding PiggyPoints earning and redemption opportunities. Pigsback.com will always use this communication method responsibly.
Terms of participation
The Pigsback.com Programme is for the use of residents of Ireland and the United Kingdom. , Residents of other countries may be able to register on the Pigsback.com Programme, but may not be able to participate fully as a non Ireland or non UK resident.
Each Pigsback.com account must only be accessed by the Account Holder, and may not be accessed by any other user, without the express permission and authorisation of Pigsback.com.
No more than one Pigsback.com account can be held by any one individual. Pigsback.com can demand proof of identity in the event of a dispute. In the event of access by another user, Pigsback.com reserves the right to freeze all accounts. In the event that one person is in operation of more than one account or Pigsback.com deems any accounts not to be in operation on a one Account Holder per account basis, all accounts will be terminated immediately. The user will not have any access to the account or permission to spend PiggyPoints in the event of a dispute until the Account Holder has personally been in touch with Pigsback.com Member Services. The return of access to any account will be at the discretion of Pigsback.com Member Services, subject to investigation of the account.
In the event of regular access by a user other than the account holder with the purpose of earning PiggyPoints, Pigsback.com reserve the right to reclaim all PiggyPoints earned by access of the unauthorised user and freeze the account, for which the member will have no recourse against Pigsback.com.
Members may earn PiggyPoints for enrolling in the Pigsback.com Programme; taking advantage of PiggyPoints earning opportunities on the Pigsback.com website and other third party websites; reading or responding to offers from participating advertisers and partners; and complying with the terms of other offers or programmes from Pigsback.com or other companies.
Unless otherwise specifically notified, PiggyPoints can only be earned through following all and any instructions regarding earning PiggyPoints. All transactions and interactions made by a Member must originate from the Pigsback.com website and relevant offer, link, feature etc., and must occur in the Account Holder’s own account unless otherwise expressly stated by Pigsback.com. A Member's failure to correctly follow these and any other required instructions or procedures may result in no PiggyPoints being earned, for which the Member will have no recourse against Pigsback.com.
PiggyPointsearned are recorded against your account, however any PiggyPoints earned are never available for redemption until the member has sufficient PiggyPoints and the participating companies have sent Pigsback.com confirmation that the member has accrued sufficient PiggyPoints.
Pigsback.com is not responsible for changes to, or discontinuance of any PiggyPoints earning opportunity through third party companies, nor are we responsible for the inaccurate communication of PiggyPoints earned through a linked site, by that participating company.
Pigsback.com reserves the right to change the range of products, services and offers available for the redemption of PiggyPoints, as well as the number of PiggyPoints required to make any such redemption from time to time and any such change will be communicated via the Pigsback.com website.
PiggyPoints may not be transferred to other accounts nor pooled together in any manner and the sale or barter of PiggyPoints is strictly prohibited. PiggyPoints have no monetary value, and cannot be used for any purpose other than redeeming designated rewards. At no time will rewards be available to be refunded for their cash value.
Unless specifically notified otherwise, all rewards supplied to us in return for PiggyPoints are provided solely by the named third party, and Pigsback.com makes no warranty or representations in respect to any reward. Members must exchange defective products or goods by following the supplier-designated procedures.
Pigsback.com may from time to time adjust a member's account upwards or downwards in respect to accounting errors, non-payment from third parties, refunds issued or suspected fraud, for which we have full authority.
Pigsback.com reserves the right to suspend any account that has been dormant for a period of 6 months or more. Pigsback.com will attempt to contact the member, via their nominated email address, if their account is at risk of suspension through inactivity. In the absence of a satisfactory response, the account will be suspended, and any accrued PiggyPoints forfeited.
PiggyPoints will not expire on an active account. An inactive account is deemed to be one which is not visited for a period of 6 continuous months.
Links to third party sites
Links included within the Pigsback.com website may let you leave the Pigsback.com website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of Pigsback.com and Pigsback.com is not responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Pigsback.com is not responsible for webcasting or any other form of transmission received from any linked site. Pigsback.com is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Pigsback.com of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the Pigsback.com website are solely between you and such advertiser. You agree that Pigsback.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Pigsback.com website.
Intellectual Property
You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Pigsback.com website (hereinafter referred to as "Intellectual Property") are solely owned by Pigsback.com. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Pigsback.com (Empathy Marketing Limited). These do not include logos and graphics which are the property of Pigsback.com partners. ALL RIGHTS RESERVED.
Submissions to Pigsback.com
Where you are invited to submit any contribution to Pigsback.com (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting Pigsback.com a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Pigsback.com policy.
Also by submitting your contribution to Pigsback.com you declare that your submission is your own original work and that you have the right to make it available to Pigsback.com for all the purposes specified above.
You declare that the submission is not defamatory and does not infringe any law and indemnify Pigsback.com against all legal fees, damages and other expenses that may be incurred by Pigsback.com as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on Pigsback.com and the purposes specified above.
If you do not want to grant to Pigsback.com the rights set out above, please do not submit your contribution to Pigsback.com.
Limitation of Liability
Pigsback.com shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in the Pigsback.com Programme. Under no conditions and in no event shall Pigsback.com be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Pigsback.com.
Although rigorous protocols are applied to the website Pigsback.com does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
Pigsback.com does not accept any liability for any losses or claims arising from any inability to access the Pigsback.com website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified Pigsback.com its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Pigsback.com website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Pigsback.com website, your connection to the Pigsback.com website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Pigsback.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pigsback.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Pigsback.com website or the Pigsback.com Programme.
Disclaimer
The materials contained in the Pigsback.com website may contain inaccuracies and typographical errors. Pigsback.com does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Pigsback.com website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pigsback.com reserves the right in its sole discretion to correct any errors or omissions in any portion of the Pigsback.com website.
The Pigsback.com website, the information and material on the Pigsback.com website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose.
Pigsback.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies participating in the Pigsback.com Programme.
Pigsback.com shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Assignment
Pigsback.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If Pigsback.com exercises this right it shall name the assignee or subcontractor on the main screen of the Pigsback.com website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of Pigsback.com assign or dispose of your obligations under this Agreement whether in part or in whole.
Term and Termination
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless Pigsback.com terminates, suspends or otherwise limits access.In the event that a Member expressly requests to leave the Pigsback.com Programme, no further communication will be entered into between Pigsback.com and the Member. The Member will have thirty days to redeem any PiggyPoints they may have collected subject to this Agreement. After this date, any unused PiggyPoints will be forfeited.
Pigsback.com reserves the right to terminate the Pigsback Programme at any time. In the event of this, you will have thirty days from the notice date of the Pigsback Programme's termination to redeem any PiggyPoints in accordance with this Agreement. Unless specified otherwise, no additional PiggyPoints will be able to be accrued during this termination period.
Pigsback.com will make every effort to communicate to all Members the termination period, however they will not be held responsible for failing to notify any Member regardless of the reasons. The Member acknowledges that even if his or her account is terminated, he or she may receive emails from Pigsback.com for a period of thirty days thereafter.
Any fraud or abuse of the Pigsback.com website, Pigsback Programme etc. will result in the immediate termination of that Member's account and total forfeiture of any PiggyPoints accrued.
Any fraud or abuse of the Pigsback.com website, Pigsback Programme etc. or any reason deemed appropriate by Pigsback.com at its sole discretion will result in the immediate termination of that Member's account and total forfeiture of any PiggyPoints accrued.
Modifications to Pigsback.com website
Pigsback.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Pigsback.com website and/or the Pigsback Programme (or a part thereof) with or without notice. You agree that Pigsback.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Pigsback.com website or Pigsback Programme. Pigsback.com shall not be liable to any Member or third party should Pigsback.com exercise its right to modify or discontinue the Pigsback Programme.
Notices
All notices given by Pigsback.com to you will be given by e-mail from memberservices@pigsback.com or by postal mail from:
Empathy Marketing Limited,
3016 Lake Drive
CityWest Business Campus,
Saggart,
County Dublin.
Ireland
or
by general posting on the Pigsback.com website.
Entire Agreement
This Agreement constitutes the entire Agreement between you and Pigsback.com and supercedes any prior agreements, arrangements, statements and understandings between Pigsback.com and you.
Waiver
A waiver by Pigsback.com of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of Pigsback.com to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members and no third party company will have the right or ability to create any obligation on Pigsback.com's behalf.
Governing Law
This Agreement shall be governed by Irish law and the Member consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
Invalidity
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Disputes
All questions or disputes regarding the Pigsback.com Programme, including without limitation, questions regarding participation and eligibility must be submitted in writing within 90 days of the query where applicable, to Empathy Marketing Limited, 3016 Lake Drive, City West Business Campus, Saggart, County Dublin, Ireland.
Mega Deals General Terms and Conditions
- The following terms and conditions relate specifically to the Mega Deals service provided on this website.
- We reserve the right to revise these Terms and Conditions at any time by amending this page. Your continued use of the website indicates your continued agreement to the current terms. Some of these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our the website.
General Interpretations
"Activation of the Mega Deal" means the Mega Deal becomes available and all prior purchases of the Mega Deal are now valid and a binding contract has come into existance.
"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
"Business Days" means a day (other than Saturday, Sunday or public holiday in Ireland).
"Customer" means you, being any person who Purchases a Voucher or the person in possession of the Voucher from time to time.
"Mega Deal" means an offer to purchase vouchers redeemable against products of the Merchant to users of the Website at a discount price in accordance with any terms as may be contained on the face of the Voucher and/or on the Website at the time of promotion of the Mega Deal.
"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;
"Payment Details" means the electronic payment details validly entered by you on the Website upon purchase of a voucher;
"Purchase" means the purchase of a voucher on the website in accordance with these Terms And Conditions.
"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 Mega Deal.
"Voucher Products" means goods and/or services which are described or referred to within the terms of the Voucher;
"Website" means the www.pigsback.com website and any other websites or Microsites, generated by the Company through which Customers are invited to purchase Vouchers; and "You" or "you" or "Your" or "your" means the Customer.
Scope of these Terms
- Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in these Terms.
- As a consumer, nothing in these Terms and Conditions affects your statutory rights.
- Unless otherwise specified on the face of the Voucher and/or the Website at the time of the promotion of the Deal, 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.
- The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes.
The Service
- We provide the Service in order to enable you to Purchase Vouchers advertised on our Website at discount prices.
- We act as sales agent to each of the Merchants advertising Vouchers through Deals on the Website.
- If you Purchase Vouchers on this Website, the Merchant and not Pigsback.com is:
(a) the seller of the Voucher Products;
(b) solely responsible for redeeming any Voucher you Purchase; and
(c) solely responsible for supplying the Voucher Products to you in accordance with the description provided on the Voucher and for the Voucher Products themselves.
- To use the Service and make a Purchase you must be 18 years of age or over.
- Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
The Vouchers
- All Vouchers are promotional vouchers that are offered for purchase at a discount price and are subject to any terms, restrictions and conditions associated with the respective Mega Deal.
- For verification purposes each Voucher shall bear a unique number and a redemption number.
- All Vouchers shall contain a redemption period on the face of the Voucher and/or on the Website at the time of the promotion of the Mega Deal, during which time the Customer can redeem the Voucher for the Voucher Products at the discount price.
The Transaction
- If you choose to purchase a Voucher advertised on the Website you will need to complete the necessary steps as per the instructions set out on the Website. On entering your Payment Details, you authorise us to charge you for the cost of the Mega Deal.
- Should Activation of the Mega Deal not occur, we will refund you the full amount charged at the time of purchase using your Payment Details submitted to us upon purchase of the Voucher. A contract for purchase of the Voucher Products shall only be made between you and the Merchant when we email you confirming the Purchase has completed.
- By making a Purchase, you acknowledge that the Purchase is made subject to these Terms and Conditions.
- Subject to the terms of the respective Mega Deal and subject always to the Activation of the Deal and entry of valid Payment Details we will:
(a) email the Voucher to you at the email address which you provided to us upon purchase of the Voucher; or
(b) make the Voucher available for download by you; or
(c) send a hard copy of the Voucher to your postal address which you provided to us upon reservation of the Voucher.
- We shall retain details of the Purchase including your Paypal details. We shall not retain your Payment Details.
Redemption of the Vouchers
- Upon Activation of the Deal, the Voucher shall be redeemable by you from the Merchant for the specified Voucher Products during the redemption period specified on the Voucher.
- The Merchant shall honour its obligation to provide Voucher Products upon the presentation of the Voucher by you, other than in the event of fraud or where that redemption would breach Applicable Laws.
- The restrictions, if any, in relation to the combination of redemption of the Voucher with any other promotions, vouchers, third party certificates, coupons or other conditions shall be at the discretion of the Merchant and shall be set out on the face of the Voucher and/or on the Website in accordance with the terms advertised in relation to the respective Mega Deal.
- Where your Voucher has reached or is past the redemption period set out at the time of the promotion of the Deal, it shall be deemed to have expired. Expired Vouchers will not be honoured by the Merchant nor will you have any recource to Pigsback.com for the value of the voucher.
Your Rights
- Cooling Off Period
(a) Once we send you the Voucher or make the Voucher available for download by you, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 7 days from the day on which you receive the Voucher (the "Cooling Off Period") provided you have not already redeemed the Voucher.
(b) If you wish to cancel your Purchase during the Cooling Offer Period, you must send an email notifying us to memberservices@pigsback.com.
(c) You shall not be entitled to cancel your Purchase during the Cooling Off Period if the voucher has been redeemed or partially redeemed before the end of the cancellation period and/or before you notify us of your intent to cancel your Purchase during the Cooling Offer Period.
- Cancellation
(a) Once we send you the Voucher or make the Voucher available for download by you, you shall be entitled to request the cancellation of your Purchase, provided that you have not already redeemed or partially redeemed the Voucher.
(b) Before Activation of the Mega Deal, you may cancel your reservation of a Voucher at any time by sending us an email to memberservices@pigsback.com.
(c) If you wish to request the cancellation of your Purchase, you must do so by sending us an email to memberservices@pigsback.com.
(d) We reserve the right, in our sole discretion, to allow or refuse the cancellation of the Purchase.
(e) You shall not be entitled to cancel your Purchase if the Voucher has been redeemed or partially redeemed before you notify us of your intent to cancel that Purchase.
- Complaints
In order to make a complaint please contact us at memberservices@pigsback.com
- Redemption Refusal
(a) If, upon presentation of the Voucher the Merchant refuses to supply some or all of the Voucher Products in accordance with the terms of the Deal, you may request a refund.
(b) In order to request a refund arising from the refusal by the Merchant to redeem the Voucher in accordance with the terms of the Deal please contact us at memberservices@pigsback.com outlining your experience with the Merchant and providing the reasons for the refusal, if any reason was given.
(c) We shall reserve the right, in our sole discretion, to approve or deny any such refund request in accordance with Applicable Laws.
- Lost/Stolen Vouchers
Neither we nor the Merchant are responsible for lost or stolen Vouchers. You should treat the Voucher and the Voucher security number as if it were cash. No replacement Voucher can be issued in respect of lost or stolen Vouchers.
Your Obligations
- Pigsback.com sells Vouchers via the Website that can be redeemed for Voucher Products from a Merchant. You must provide a valid e-mail address in order to purchase a Voucher and a valid e-mail and postal address in the event that we send a physical Voucher, in order to make a Purchase from the Website.
- You warrant that all information (including Payment Details) provided to us in order to Purchase a Voucher is true, complete and accurate.
- You agree that you will abide by the terms of the Deal and the terms and conditions of the Merchant in respect of any Vouchers which you choose to Purchase.
- You warrant that you are legally entitled to Purchase a Voucher and be doing so, you acknowledge that you have read, accepted and understood the terms attaching to the Deal.
- It is your responsibility to ensure that the Voucher Products which will be made available by the Merchant on redemption of a Voucher meet your specific requirements before you reserve and Purchase a Voucher.
- The following uses of the Website, the Services and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
(a) resell the Voucher
(b) furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
(c) entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party)
(d) using the Service or Website (or any relevant functionality of either of them) in breach of these Terms and Conditions.
(e) engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher
(f) engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
Our Obligations
- The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. However, we will use all reasonable endeavours to correct any errors or omissions on the Website as soon as practicable after being notified of them. We do not guarantee that the Service or the Website will be free of faults (or that the Vouchers will be free of error) and we do not accept liability for any errors or omissions.
- We do not warrant that the use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, securely, in a timely manner or at all.
- We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
- We will use all reasonable endeavours to allow uninterrupted access to the Service and the Website; however, access to the Service and the Website may be suspended, restricted or terminated at any time.
- 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.
- We assume no responsibility for functionality which is dependent on the Merchant or Customer's browser or other third party software to operate.
- We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
- We do not warrant that the Voucher Products will be fit for purpose or free of defects
- We do not warrant that the terms and conditions of the Voucher will be listed in their entirety on either the Voucher or the Website – Customers should always refer to both.
11. Suspension and Termination
- If you use (or anyone other than you, with your permission uses) the Website or a Voucher in contravention of these Terms and Conditions, we may suspend your use of Website (in whole or in part) and/or a Voucher. We may also refuse to process any future transactions on your account.
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions.
- We shall be entitled immediately or at any time (in whole or in part) to: i) suspend your use of the Website; ii) suspend the use of Website for persons we believe to be connected (in whatever manner) to you; and/or iii) terminate the agreement made pursuant to these Terms and Conditions immediately if you commit any fraud against us or any other person or otherwise commit any breach of these Terms and Conditions.
- Notwithstanding anything else in this Clause 11, we may terminate the agreement made pursuant to these Terms and Conditions at any time.
- Our right to terminate the agreement made pursuant to these Terms and Conditions shall not prejudice any other right or remedy or action which we deem to be appropriate.
Indemnity
- You hereby agree to indemnify and keep indemnified Pigsback.com its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Website, the Service, a Voucher, the Voucher Products or any breach of these Terms and Conditions by you.
- Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pigsback.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.
Limitation of Liability
- Pigsback.com shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to our Service. Under no conditions and in no event shall Pigsback.com be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms and Conditions or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Pigsback.com except as required by law.
- Although rigorous protocols are applied to the Website Pigsback.com does not make any warranty that the Website is free from infection by viruses or anything else that has contaminating properties.
- Pigsback.com does not accept any liability for any losses or claims arising from any inability to access the Website.
- If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Disclaimer
- The materials contained in the Website may contain inaccuracies and typographical errors.
Pigsback.com does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pigsback.com reserves the right in its sole discretion to correct any errors or omissions in any section of the Website.
Viruses, Hacking and Other Offences
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Links from Our Website
- Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Dealings with Merchants
- Your correspondence or dealings with, or participation with Merchants found on our Website are solely between you and such Merchant. You agree that Pigsback.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such Merchants on the Website.
Intellectual Property
- You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Website (hereinafter referred to as "Intellectual Property") are solely owned by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property.
- All other trademarks, product names and company logos cited herein are the property of their respective owners.
- All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Pigsback.com. These do not include logos and graphics which are the property of the Merchants and/or any other third parties. All rights are reserved.
Force Majeure
- We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Waiver
- A waiver of any right under these Terms and Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
Notice
Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal proceedings) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered.
- No Partnership or Joint Venture
Nothing in these Terms and Conditions shall be construed as forming a partnership or joint venture with you. No third party company will have the right or ability to create any obligation on our behalf.
- No Other Terms
Except as expressly stated in these Terms and Conditions, 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.
- Assignment
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions.
- We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
Entire Agreement
- These Terms and Conditions and our Privacy Policy, represents the entire agreement between you and us and supersedes any previous arrangement, understanding or agreement between you and us relating to the subject matter of these Terms and Conditions, whether oral or in writing.
- You acknowledge that, by agreeing to these Terms and Conditions, you are not relying on any statement, representation, assurance or warranty other than as expressly set out herein.
- Nothing in this Clause shall limit or exclude any liability for fraud.
Severability
- If any provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law
- These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Ireland. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Ireland over any claim or matter arising under or in connection with these Terms and Conditions.
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