Terms of Use

Valid as of October 28, 2016

1. Introduction

1.1 Please read the following Terms of Use carefully.

1.2 In these Terms of Use:

(a) “we”, “our” and “us” means Digital Payments Europe Ltd., a company registered in England & Wales with company registration number 09131621. Our registered office is at 25 Canada Square, London, E14 5LQ.
(b) “you” and “your” means a user of the website at www.beatthatdeal.com and its subdomains (the “Website”).

1.3 These Terms of Use set out the terms and conditions on which we agree to make available, and you agree to access and use the Website.

2. Acceptance of the Terms of Use

2.1 By using the Website you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy.

2.2 If you do not agree with these Terms of Use or our Privacy Policy or any part of them, you must not use the Website.
Please save and/or print a copy of these Terms of Use for your future reference.

3. Amendments to Terms of Use

3.1 We may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website. Please review the Website periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. The amended Terms of Use will take effect from the date on which we publish the amendments on our Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms of Use, you must not continue to use the Website after the date on which the amendments take effect.

4. Account and password security

4.1 If we provide access to the Website or any part of it using a username and password system, you must ensure that you have appropriate security measures in place to ensure that:

(a) any username and password that we allocate to you is used only by you; and
(b) the security and confidentiality of your username and password is maintained at all times and not disclosed whether to other individuals within your organisation or to any third parties.

4.2 You shall not leave any Website session unattended and shall be responsible for all use that occurs under your account, regardless of whether any such use is by you or by unauthorised third parties.

4.3 You agree to immediately notify us of any unauthorised use of your account for the Website and/or Services or of any other breach of security. We cannot and will not be liable for any loss, damage or additional liability arising from your failure to comply with this Clause 4 or from any unauthorised access to or use of your account.

5. The Website and your right to use it

5.1 The Website does not provide gambling services or accept or facilitate gambling transactions.

5.2 Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Website for its intended purposes.

6. Your obligations

6.1 You agree not to:

(a) use the Website or access to it for any fraudulent or unlawful purpose;
(b) use the Website or access to it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
(c) interfere with or disrupt the operation of the Website or access to it;
(d) transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
(e) post or send to or from the Website any material which is offensive, obscene, discriminatory, defamatory, unlawfully transmitted or harassing, or which could give rise to any civil or criminal liability in any applicable jurisdiction;
(f) restrict or inhibit the ability of any other person to access or use the Website;
(g) use the Website or access to it for any commercial purposes;
(h) modify, altar or translate any portion of the Website;
(i) remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Website; or
(j) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website.

6.2 You agree we may assist any law enforcement authority to identify you if you breach any of your obligations under these Terms of Use.

7. Links

7.1 From time to time, the Website may include links to third-party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites, and you acknowledge and agree that:

(a) we are not responsible for such sites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
(b) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c) if you access any such sites, you do so entirely at its own risk.

7.2 You may not frame, link or deep-link the Website to any other website without our prior written consent.

8. Legal disclaimer

8.1 Nothing in these Terms of Use or any other terms or policies referred to in these Terms of Use is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.

8.2 Save as expressly provided in these Terms of Use; the Website is made available to you on an “as is” basis and we disclaim and do not accept any liability to you in respect of it or otherwise.

8.3 The information and content provided on the Website is provided without any warranties or conditions of any kind. We provide access to the Website on the basis that we exclude all representations, warranties and conditions, to the maximum extent permitted by law.

8.4 It is your responsibility to ensure that the Website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the Website in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms, including, without limitation:

(a) that access to the Website will be uninterrupted or error-free;
(b) that the Website or the computer server from which the Website is made available, are free of viruses or other harmful components; and
(c) to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Website or otherwise made available in connection with the Website.

8.5 You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third-party equipment and services and that we do not guarantee and will not be liable for these in any way.

8.6 You agree that we may withdraw any promotion, loyalty scheme or offer of any kind made on the Website or otherwise at any time.

8.7 Subject to Clause 8.1, all information, content, and links provided on the Website are for use at your own risk. You cannot and will not hold us responsible for any damage or loss of any kind caused either directly or indirectly by the information, content, and/or links provided on the Website.

8.8 You acknowledge that the information on this website may at times be inaccurate, incomplete or out of date. You agree we have no obligation to ensure all information on the Website is up to date, accurate or complete at all times.

8.9 You agree that any comments, advice or suggestions on the Website are our own opinion only and you will not rely on them. As such, you agree that we have no liability for any such comments, advice or suggestions, other than any liability that may not be excluded by law.

8.10 Subject to Clause 8.1 we will not be liable to you for:

(a) Any loss of profits or revenue;
(b) any loss of goodwill, reputation or opportunity;
(c) any loss of or corruption of data; or
(d) any account of profits,

arising out of or in connection with the Website and/or these Terms of Use or any breach or non-performance of them no matter how fundamental (including by reason of negligence).

8.11 Subject to Clause 8.1, our total liability arising under or in connection with the Website and/or these Terms of Use or any breach or non-performance of them no matter how fundamental (including by reason of negligence) in contract, tort or otherwise shall be limited to fifty pounds sterling (£50).

9. Intellectual Property Rights

9.1 The intellectual property rights in the Website and copyright in all material stored, displayed and accessible on the Website is either owned us or duly licensed by third parties. All such rights are reserved.

9.2 Other than personal data, use of which is covered by our Privacy Policy, you hereby grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to use, copy and modify for any purpose any content you upload to the site.

10. Promotions, loyalty schemes & other offerings for registered users

10.1 From time to time, we may at our sole discretion, invite registered users of the Website to participate in specific offers, prize promotions and loyalty programmes (“Promotions”). If you are invited to participate in any Promotion, your participation will be subject to these Terms of Use, which must be read in conjunction with the general and specific terms and conditions that apply to that particular Promotion. Further details of each such Promotion and its corresponding terms and conditions can be found on the Promotion page located at BeatThatDeal.com (“Promotion Terms”). In the event of any conflict between these Terms of Use and the Promotion Terms, the Promotion Terms shall prevail.

11. Unenforceability

11.1 If any provision or part of any provision of these Terms of Use is not enforceable, then you and we agree that the minimum necessary amendment shall be made to these Terms of Use to render them enforceable. If that happens, any unenforceable provision or part of any provision shall be replaced by an enforceable provision which as closely as possible matches the intent of the unenforceable provision or part of a provision.

12. Assignment

12.1 We may assign all rights and obligations under these Terms of Use to any third party, but will not do so in a way that reduces your rights under these Terms of Use.

13. Entire Agreement

13.1 These Terms of Use and the other terms and policies referred to in these Terms of Use constitute the entire agreement and understanding between you and us relating to the Website and supersedes any other agreement or understanding relating to the same.

13.2 These Terms of Use and the other terms and policies referred to in these Term of Use shall take priority over any contradictory statement contained on the Website at any time.

13.3 You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by us or any other person except as expressly set out in these Terms of Use or in the other terms and policies referred to in these Terms of Use, in respect of which your sole remedy shall be for breach of contract.

13.4 Nothing in these Terms of Use, however, shall operate or be construed to exclude or limit any liability of any person for fraudulent misrepresentation.

14. Further Assurance

14.1 You shall at all times, on being required to do so, at your own expense do or use reasonable endeavours to procure the doing by any necessary third parties of all such acts as may be required to give full effect to these Terms of Use including the execution and delivery of all deeds and documents.

14.2 You irrevocably appoints us as your attorney to sign, execute and deliver on your behalf all deeds and documents and to do all acts and things necessary to give effect to the terms of these Terms of Use and for vesting in us the full benefit of the rights and benefits we anticipate (whether enforceable or not) in these Terms of Use.

15. Governing Law

15.1 These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims) are governed by and shall be construed in accordance with English law.

15.2 The parties submit to the exclusive jurisdiction of the English courts for all purposes relating to and in connection with these Terms of Use and any such dispute or claim referred to in Clause 15.1[/cs_text][/cs_column][/cs_row][/cs_section][/cs_content]