1 Definitions
1.1 In these terms and conditions the following definitions apply:
Affiliate
of a party means any entity which directly or indirectly owns or controls, is directly or indirectly owned or controlled;
Business Day
means a day other than Saturday, Sunday and public holidays when clearing banks generally are open for non-automated business in London;
Commencement Date
means the date on which provision of the Services shall commence as specified in the Order;
Confidential Information
means any commercial, financial or technical information relating to the products, services, plans, know-how or trade secrets, which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;
Contract
means the agreement between the Supplier and the Deal Providers for the supply and purchase of the Services and the Deliverables incorporating these Terms and the Order;
Seller/Deal Provider
means the Deal Provider whose details are set out in the Order;
Seller / Deal Provider Materials
means all documents, materials, data, proprietary software (and the media on which they are each recorded), supplied by the Deal Provider to the Supplier;
Deliverables
means all documents, and materials produced by the Supplier or its agents in relation to the Services and to be supplied to the Deal
Provider including without limitation any data, programs, reports, software and specifications, as set out in the Order;
Intellectual Property Rights
means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, chip topography rights, mask works, utility models, domain names and all similar rights and, in each case:
Order
means the Seller/Deal Provider’s order for the Services from the Supplier as set out in the Seller/Deal Providers order form OR in the Deal Providers written acceptance of the Supplier’s quotation for the supply of Services;
Services
means the services set out in the Order to be supplied by the Supplier to the Seller/Deal Providers;
Specification
means the description or specification for the Services set out in the Order;
Supplier
means the Oakridge Belmont Limited t/a WeGetADeal.Com whose details are set out in the Order;
Supplier Materials
means all documents, materials, data, proprietary software (and the media on which they are each recorded), which are owned by the Supplier at the date of the Contract [or which are subsequently created by the Supplier independently of the Contract,] [or which are subsequently created by the Supplier as a result of performing the Services];
Supply Location
means the address for provision of the Services (if any) as set out in the Order;
Third Party Customer
means a person who is introduced to the Seller/Deal Provider by the supplier.
Terms
means the standard terms and conditions of business of the Supplier set out in this document;
Value Added Tax or VAT
means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the supply of the Services;
Year
means a period of 12 consecutive months from the Commencement Date, and each period of 12 consecutive months thereafter.
1.2 Unless the context otherwise requires:
1.2.1 each gender includes the others;
1.2.2 the singular includes the plural and vice versa;
1.2.3 references to the Contract includes the Terms, the Order and its schedule (if any);
1.2.4 references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
1.2.5 clause headings do not affect their interpretation;
1.2.6 general words are not limited by example; and
1.2.7 references to any legislation will be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2. Application of the Terms
2.1 An Order will be deemed to be an offer to purchase Services from the Supplier on these Terms
2.2 These Terms are binding on the Deal provider and the Third Party Customer where applicable
2.3 Orders are not binding until accepted by the Supplier in writing. The Supplier reserves the right at all times to reject any Order, in whole or in part, at its sole discretion.
2.4 Quotations issued by the Supplier are valid for [30] Business Days from date of issue. Quotations will be deemed to be an invitation to treat by the Supplier to supply Services on and subject to the Terms, and do not constitute an offer to sell or supply. If the Seller/Deal Provider wishes to purchase Services the subject of a quotation, it will need to place an Order.
2.5 Marketing and other descriptive matter relating to Services are illustrative only, and do not form part of the Contract. The Seller/Deal Provider agrees that, in placing an Order, it has not relied on any representation or statement by the Supplier not set out in the Contract.
2.6 These Terms apply to and form part of the Contract for the supply of the Services by the Supplier to the Deal Provider. They supersede any previously issued terms and conditions of supply.
2.7 No terms or conditions endorsed on, delivered with, or contained in the Deal Providers purchase order, confirmation of order, specification or other document will form part of the Contract.
2.8 No variation of the Terms or to an Order, or to a quotation from the Supplier will be binding unless expressly agreed in writing and executed by a duly authorised signatory of the Supplier.
2.9 A contract will be formed upon the earlier to occur of:
2.9.1 written acceptance by the Supplier of the Customer’s Order; or
2.9.2 the execution of a specific written agreement by both the Supplier and the Seller/Deal Provider.
Price and payment
3.1 The price for the Services will be as set out in the Order or in default of such provision will be calculated in accordance with the Supplier’s standard scale of charges in force on the date of formation of the Contract.
3.2 The Third Party Customer to secure their booking will pay the Supplier in full. This will be paid directly through the Suppliers website on our secure payment page.
3.3 The Seller/Deal Provider will receive email confirmation from the Supplier containing all of the Third Party Customers details containing, which deal the Third Party Customer has selected and the remaining balance payable to the Seller/Deal Provider.
3.4 VAT will be charged by the Supplier when appropriate and paid by the Third Party Customer at the applicable rate. VAT may also be charged by the Seller/Deal Provider.
4 Provision of services
4.1 The Supplier will provide the Services to the Seller/Deal Provider in accordance with the Contract and the Specification.
4.2 The Services will begin on the Commencement Date and be performed a period of one calendar year or earlier termination of the Contract.
4.3 Whilst the Supplier will use all reasonable endeavours to meet any milestone dates set out in the Order, such dates are approximate only, and time of performance is not of the essence.
4.4 The Supplier will not be liable for any delay in or failure of performance of the Services (including any failure to achieve any milestone or other date) so far as caused by an event of Force Majeure or the Deal Providers failure to perform its obligations under the Contract.
4.5 The Supplier may make any changes to the Services at any time and will provide the Deal Provider 30 days’ notice of any change
5 Supplier’s obligations
5.1 The Supplier will:
5.1.1 perform the Services using reasonable care and skill;
5.1.2 use sufficient personnel who have appropriate skills and Deal for their duties;
5.1.3 provide and use sufficient and appropriate equipment and materials required to provide the Services;
5.1.4 ensure that the Services comply with the Specification;
5.1.5 obtain and maintain all licences, permits and other consents required for its performance of the Services;
5.1.6 comply with all applicable laws and regulations;
5.1.7 observe all rules and regulations notified to the Supplier and in force at the Supply Location and other Seller/Deal Providers sites; and
5.1.8 on completion of the Services or earlier termination of the Contract return all Seller/Deal Providers Materials.
5.2 The Supplier are only an online marketplace/booking platform and are part of the Sellers/Deal Providers individual marketing campaign, the Supplier cannot guarantee the Seller/Deal Providers deals will be accepted by Third Party Customers.
5.3 The Supplier cannot guarantee any business will arise from marketing the Seller/Deal Providers organisation with the Supplier
6 Sellers/Deal Providers obligations
6.1 The Sellers/Deal Providers will pay the commission price per sale for the Services in accordance with the Contract, which is deducted automatically upon third party customer payment at checkout.
6.2 The Sellers/Deal Providers will:
6.2.1 afford the Supplier access to the Supply Location and other Seller/Deal Providers sites and prepare them for supply of the Services;
6.2.2 afford the Supplier reasonable access to the Sellers/Deal Providers personnel named in the Order and others; and
6.2.3 provide the Supplier such facilities, information and assistance (ensuring that information is complete and accurate);
in each case as reasonably required to allow the Supplier to perform the Services.
6.3 The Supplier/Deal Providers will also:
6.3.1 co-operate fully with the Supplier and follow the Supplier’s reasonable instructions in relation to the performance of the Services;
a) honour a transaction formed with any Third Party Customer;
b) provide the services to the Third Party Customer for which payment was accepted;
c) include all taxes, including VAT, and fees payable by the Third Party Customer for the Deal;
d) the Seller/Deal Providers may establish a link to the supplier’s website, but only in accordance with the provisions set out in these Terms and Conditions.
6.3.2 obtain and maintain all necessary licences and consents for the performance of the Services;
6.3.3 keep all documents, equipment, materials and other Supplier property (Supplier Materials) at the Supply Location or other Sellers/Deal Providers premises safely and at its own risk and in the same condition as they were in when supplied (fair wear and tear excepted); and
6.3.4 not dispose of or use any Supplier Materials without the Supplier’s prior written agreement.
6.4 Sellers/Deal Providers must not:
a) misrepresent their services,
b) refuse to accept payment for a service if a deal is accepted,
c) submit and upload any data, that could be considered harmful to the Suppliers website which may contain viruses, of any description,
d) damage the reputation of the Supplier, by whatever means,
e) not to establish a link between any website that is not owned by the Customer,
f) not to frame or duplicate the website of the supplier,
g) not to create any link to any other part of the Supplier website other than the Home Page.
6.5 The Services are provided at the Sellers/Deal Providers request and the Sellers/Deal Providers is responsible for verifying that the Services are suitable for its own needs.
7 The Seller/Deal Provider is responsible to ensure all Deals comply with all applicable Health and Safety legislation and have adequate Indemnity Insurance in place.
8 Failure of or delay in performance
8.1 If the Supplier is prevented or delayed in performing the Services by any cause attributable to the Sellers/Deal Providers, the Supplier (without prejudice to its other rights):
8.1.1 may suspend performance of the Services until the Seller/Deal Provider remedies its default;
8.1.2 will not be liable for any costs or losses sustained by the Seller/Deal Providers as a result of such suspension; and
8.1.3 may charge the Sellers/Deal Providers (and the Sellers/Deal Provider will pay in accordance with the Contract) costs or losses incurred by the Supplier arising from the Sellers/Deal Providers default, subject to clause 9
9 Terms of Booking for Third Party Customers
9.1 The Supplier is an introductory agent for selected Sellers/Deal Providers, whose products and services are represented within the WeGetADeal.com website. Every effort is made to ensure the descriptions, prices and illustrations contained within the website are a true reflection of the events or products; these do not form part of a contract. Once a specific date has been booked, you will automatically become bound by the Sellers/Deal Providers terms and conditions. Please note that Deals and other products listed are subject to change without notice. This does not affect your statutory rights.
9.2 The Sellers/Deal Providers have the right to alter and/or retract their offer at any point in the process prior to a booking being made definite.
9.3 Sellers/Deal Providers are not obligated to replicate their previous offer. Once a date is booked and confirmed with the Seller/Deal Provider, the Third Party Customer are bound by their terms and conditions. Once a booking is made, it is a confirmed booking and cannot be changed unless otherwise stated and agreed by the Seller/Deal provider. Some Sellers/Deal Providers may permit a name change subject to payment of their appropriate fee.
9.4 The Supplier cannot be held liable for any errors and omissions on third party websites. Discounts are available subject to availability and may be withdrawn at any time by the Sellers/Deal Providers.
9.5 Sellers/Deal Providers may have some restrictions applied to them; these restrictions are decided by the Seller/Deal Provider. These restrictions may include age, health, physical, height and weight restrictions. It is the Third Party Customers responsibility as the purchaser to purchase a gift appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive.
9.6 All Deals are offered subject to availability and depending on the Deal weather conditions on the day. It may be necessary to book certain Deals well in advance due to demand. These are subject to availability and may incur a supplement, please enquire at time of booking with the Seller/Deal Provider
10 Liability
10.1 The Supplier does not exclude its liability to the Seller/Deal Provider:
10.1.1 for death or personal injury caused by its negligence; or
10.1.2 for breach of the term implied by s 2 of the Supply of Goods and Services Act 1982;
10.1.3 for fraud or fraudulent misrepresentation;
10.1.4 under any indemnity given by it hereunder.
10.2 The Supplier will be liable to the Seller/Deal Providers for direct damage to tangible property in an amount which will not exceed the value of the Contract per incident or series of related incidents caused by the failure of any Services, as supplied by the Supplier to the Seller/Deal Providers, to comply with the Specification.
10.3 Neither party will be liable for:
10.3.1 loss of data or use;
10.3.2 any form of indirect, consequential or special loss; or
10.3.3 any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether any such loss is direct or indirect; and, in each case, however arising.
10.4 Other than as set out above, the Supplier limits its liability (however arising) in respect of or in connection with the Services, and otherwise in connection with the Contract of the total price of the Services under the Contract.
10.5 For the avoidance of doubt the Supplier will not be held liable to Third Party Customers for the safety standards of the Sellers/Deal Providers
11 Intellectual Property Rights
11.1 Nothing in the Contract will affect the rights (including Intellectual Property Rights) in the Supplier Materials which are and shall remain vested in the Supplier save where otherwise stated.
11.2 To the extent that the Supplier Materials are used or incorporated into the Services or any part of the Deliverables then the parties acknowledge and agree that the Seller/Deal Provider is licensed to use the same upon the terms set out in clause 10.3.
11.3 The Supplier hereby grants to the Seller/Deal Provider a royalty-free, worldwide licence, revocable only for breach by the Seller/Deal Provider of the terms of the Contract, to use the Supplier Materials solely to the extent necessary to use the results of the Services. The Seller/Deal Provider :
11.3.1 will not use the Supplier Materials for any other purpose;
11.3.2 will not modify or reverse engineer or take any similar action in relation to any propriety software of the Supplier (except so far as required for interoperability);
11.3.3 may sublicense its Affiliates to use the Supplier Materials on the terms of this clause 10.3, and provided that the Seller/Deal Provider is liable for any breaches by them of such terms, but will not otherwise assign, sublicense or deal with the Supplier Materials;
11.3.4 hereby assigns to the Supplier, on their creation, all Intellectual Property Rights which arise or are created by any use by it of, or work done by it on, the Supplier Materials or the results of the Services.
11.3.5 The Supplier will defend or, at its option, settle any action brought against the Seller/Deal Provider arising from any claim that the receipt by the Seller/Deal Provider or use by it of the results of the Services, in both cases in accordance with the Contract, infringes any third party intellectual property right, and indemnify the Seller/Deal Provider against all reasonable costs and expenses incurred by the Seller/Deal Provider in connection with such claim.
11.3.6 The Supplier’s obligations under clause 10.4.1 will not apply to Services received, or where their results are modified or used, by the Seller/Deal Provider other than in accordance with the Contract. The Seller/Deal Provider will indemnify the Supplier against all reasonable costs and expenses incurred by the Supplier in connection with any claim arising from such receipt, modification or use.
11.3.7 The Supplier’s obligations under clause 10.4.1 are conditional on the Seller/Deal Provider:
a) promptly advising the Supplier in writing of any claim or action;
b) making no admission as to, or settlement or compromise of any claim or action without the Supplier’s prior written consent;
c) giving the Supplier sole conduct of any defence and any settlement negotiations; and
d) co-operating fully with the Supplier at the Supplier’s expense and providing the Supplier with all reasonable assistance in the defence or settlement of such claim or action.
11.3.8 The provisions of this clause 10 set out the Supplier’s entire liability and the Sellers/Deal Providers sole right in respect of third party infringement of any intellectual property right.
11.4 Sellers/Deal Providers may as part of the service provided by the supplier, upload their own pictures to a personalised dashboard, At all times the Seller/Deal Provider will;
a) Comply with the suppliers content standards at all times, the Seller/Deal Provider warrants they will indemnify the Supplier in relation to any such breach of the content policy,
b) Any material uploaded by the supplier will be considered not confidential and non propriety, the Supplier has the right to use, distribute, copy and disclose to any Affiliate or Third Party Customer of the Supplier, any disclosure in this section will comply with the terms of section 11 of these Terms and Conditions,
12 Confidentiality
12.1 Each party shall keep confidential all Confidential Information of the other party and will only use the other’s Confidential Information as required to perform the Contract. The provisions of this clause will not apply to:
12.1.1 any information which was in the public domain at the date of the Contract;
12.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
12.1.3 is independently developed by the other party without using information supplied by the first party; or
12.1.4 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
12.2 This clause 11 will remain in force for a period of 2 years from the date of termination the Contract.
13 Force Majeure
13.1 Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including (but not limited to) an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required by for performance of the Contract (Force Majeure). Failure to pay or be paid is not Force Majeure.
13.2 A party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
13.2.1 promptly notifies the other of the Force Majeure event and its expected duration; and
13.2.2 uses reasonable endeavours to minimise the effects of that event.
13.3 If, due to Force Majeure, a party:
13.3.1 is or will be unable to perform a material obligation; or
13.3.2 is delayed in or prevented from performing its obligations for a total of more than [60] days in any Year;
14 General
14.1 Time
Unless stated otherwise, time is not of the essence of any date or period specified in these Terms.
14.2 Relationship
The parties are independent businesses and not principal and agent, partners, or employer and employee.
14.3 Severability
If any part of these Terms are found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Terms and the remaining provisions of the Terms will otherwise remain in full force.
14.4 Notices
Notices under the Contract will be in writing and sent to the persons and addresses set out in the Order. They may be given, and will be deemed received:
14.4.1 by first-class post: two Business Days after posting;
14.4.2 by airmail: seven Business Days after posting;
14.4.3 by hand: on delivery;
14.4.4 by facsimile: on receipt of a successful transmission report from the correct number, and
14.4.5 by e-mail: on receipt of a delivery or read receipt mail from the correct address.
14.5 Waiver
No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
14.6 Rights of Third Parties
The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.7 Priority
These Terms prevail over those of the Order or Schedule (if any).
14.8 Entire Contract
The Contract constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply.
14.9 Succession
The Contract will bind and benefit each party’s successors and personal representatives.
14.10 Governing Law and Jurisdiction
14.10.1 The Contract will be governed by the law of England and Wales.
14.10.2 Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
Refunds Policy
We Get A Deal hosts a website advertising the products and services of different Sellers/Deal Providers. When you buy a deal from We Get A Deal, you form a contract with We Get A Deal for the introduction for the deal that you purchased and a separate second contract with the Seller/Deal Provider that is separate to We Get A Deal. Under the separate contract with the Seller/Deal Provider, the Seller/Deal Provider agrees to provide you with the products or services you’ve purchased. To recap you have two contracts one with We Get A Deal for our introduction itself and a second contract with the Seller/Deal Provider for the products or services.
2. If you change your mind about a purchase you have made within 14 working days after the date of delivery for products and 14 working days after the date of deal acceptance email for services you are entitled to a full refund of the original purchase price for the goods or services you wish to return or refund, and the original postage and packaging charges made. Providing that you have not already redeemed the deal acceptance email with the Seller/Deal Provider. You will not be entitled to a refund of the cost you incur in returning the item to us or the Seller/Deal Provider.
3. Some types of goods are exempt from being returned for a refund where they are perishable (e.g. food, flowers, newspapers, magazines) or where they are intimate or sanitary goods (like underwear), or where they are hazardous materials or flammable liquids or gases.
4. Other types of services cannot be returned for a refund, for example where the service begins as soon as you make the payment (e.g. a downloadable software product) or a gift card or gift wrapping service
5.If you would like to return a physical product you have purchased, please contact us to let us know that you will be returning the item so we can contact the Seller/Deal Provider.
To obtain a refund for a non-physical product (like a service) please contact us for further information about how this can be done here.
6. Unless you expressly inform We Get A Deal in advance not to, any refund will be refunded to you via your original method of payment and will be refunded from both parties We Get A Deal and The Seller/Deal Provider.
7. Responsibility for Refunds
7.1 Please note that We Get A Deal hosts a website advertising the different products and services of different Sellers/Deal Providers and is not the provider of any physical goods or services. Please note that for the avoidance of doubt, this means all refunds will be a two part refund from We Get A Deal and the Seller/Deal Provider
