Terms of use

This document is the legal agreement between you and us. Please read this document carefully.

When you access and use our website or you download and use any of our mobile applications or use our electronic communications (together known as the “the Discover App service”), you accept and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you should not access or use any part of the Discover App service.

These Terms of Use should be read along with our Privacy Policy and Cookie Policy which form part of these Terms of Use.

The Discover App service

The Discover App service enables you to access promotions from third parties which includes retailers, restaurants, bars, venues, attractions, and other organisations.

We display promotions as provided to us and are not responsible for any errors or omissions, including when a promotion is not available. Promotions may not be available, may have reached their limit, may be added, amended or withdrawn at any time without giving notice and cannot be applied retrospectively.

We cannot guarantee that the Discover App service will be uninterrupted, secure or free from errors or omissions. We will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any crashes which may result in data loss, or consequential errors or omissions whilst using the Discover App service. We reserve the right to terminate or amend any part of the Discover App service including its content without prior notice.

We do not make any warranty against electronic virus, worms or any other defect or problems which may occur in respect of any use of the Discover App service. We will not be responsible for any loss or damage whatsoever where a virus or defect occurs.

Promotions may be delivered on our behalf by a third party advertising company or affiliate, who may place or recognise a unique “cookie” on your browser or use a tracking link to verify the effectiveness of their promotions. Please see our Cookie Policy and Privacy Policy for more information.

We may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases as well as updates about our Site and Services or other promotional offers. (You can opt-out of any promotional e-mails by clicking the unsubscribe link at the bottom of the relevant email).

Where you have consented, we may send you push notifications on your mobile device for general and location-based deals. You can opt-out of our promotional push notifications at any time by changing the preferences on your mobile device.

Your obligations

You must be aged 16 or over to use the Discover App service. You must use valid information to create your account (including name and email), you must maintain the confidentiality of your account details and be responsible for all your activities using the Discover App service. We will not be liable for any losses incurred because of an unauthorised person using your account.

Promotions may link to third-party content or website. We are not responsible for your decision or not to transact business with that third party. Any actions on a third party website will be under the terms of use of the third party, whatever you purchase from that third party will be subject to their terms and conditions and they will be solely responsible for the fulfilment of their obligations to you under their contract with you and any claims or disputes arising therefrom.

You must not upload any material which is not civil or tasteful; which is indecent, unlawful, offensive, harmful, threatening, hateful, racist, homophobic, violent, misleading or blasphemous; or which infringes the rights of another person, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other rights.

You must not seek to damage the Discover App service including hacking of information not intended for you, imposing an unreasonably large burden on our infrastructure or uploading or sending computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment.

You may access the Discover App service only through our app, standard web and mobile browsers and similar consumer applications. We will not be liable for the telecommunications costs or equipment to enable you to do so. You accept that, by its nature, internet transmissions are never completely private or secure and that any information you send using the Discover App service may be read or intercepted by others.

You may not use any robot, spider, offline reader, site search application or other manual or automatic device, tool or process to retrieve, index or data mine the Discover App service, including scraping, spidering or executing any form of network monitoring which is intended to intercept data not intended for you.

You must not use the Discover App service in a manner which is intended to be fraudulent or criminal, send unsolicited emails or purport to be associated with the Discover App service without our written permission.

Termination

Without limiting any other remedies available to us, we may terminate, suspend or limit your use of the Discover App service at any time and at our absolute discretion including where you do not comply with these Terms of Use. Any delay in taking action will not prejudice our right to take action.

Our right to terminate this agreement with you shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Data Protection

Please see our Privacy Policy and Cookie Policy which form part of these Terms of Use.

Intellectual Property

We grant you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Discover App services in accordance with these Terms of Use.

All intellectual property rights owned or licenced by us (including all copyright, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered, source code and software) in the Discover App service shall remain our property. All rights are reserved.

This means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit any part of the Discover App service without our prior express written permission. Any unauthorized use of the Discover App service will terminate the limited license granted by us. All trademarks not owned by us that appear in connection with the Discover App service are the property of their respective owners.

Promotion creation

You are able to submit promotions for display on the Discover App service via our website or via a separate agreement with us.

You will not upload, post or otherwise make available on the Discover App service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

We have the sole and absolute right to review, edit, post, remove, refuse to post and monitor any content you post to the Discover App service. We assume no liability for any content or other information that appears or is removed from the Discover App service.

You shall retain all of your ownership rights in the content you submit or post to the Discover App service. However, by contributing that content, you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform or display that content.

Limitation of liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Discover App service or any content on it, whether express or implied.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Discover App service
• use of or reliance on any content displayed on the Discover App service

Please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue
• business interruption
• loss of anticipated profits or savings
• loss of business opportunity, goodwill or reputation
• any indirect or consequential loss or damage

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site and application or to your downloading of any content on it, or on any website linked to or from it.

We assume no responsibility for the content of websites and applications linked from the Discover App service. Such links should not be interpreted as endorsement by us of those linked websites or applications. We will not be liable for any loss or damage that may arise from your use of them.

You agree to indemnify and hold us harmless from and against all liabilities, damages, losses, costs and other expenses, including any legal fees, known and unknown, arising from or in any way connected with a breach of these Terms of Use.

About us

Snapsales Limited t/as the Discover App (“our”, “us” or “we”), company number is 10799441, whose registered office is at Platform, New Station Street, Leeds, England, LS1 4JB, owns and operates the Discover App mobile applications and the discoverapp.co.uk website.

Complaints

If you have any queries or complaints about our service please contact us [email protected] or write to us at our registered office noted above.

If any complaint may amount to a breach by us, then you agree to allow us 30 days to remedy that breach.

Changes to these Terms of Use

We reserve the right to change or modify these Terms of Use. Any changes we make to our Terms of Use in the future will be posted on this page and will supersede any previous Terms of Use. It is your responsibility to keep up to date with the latest version. By continuing to use the Discover App service following any change in the Terms of Use, you agree to be bound by the updated conditions.

General

In these Terms of Use:

The terms “you” or “your” refers to you which includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

Section headings are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Use.

Nothing in these Terms of Use shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under these Terms of Use to any person.

We shall not be liable for any breach of our obligations under these Terms of Use where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

No waiver by us of any default of yours under these Terms of Use shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these Terms of Use.

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 process) or by pre-paid post, to you at the address you supply to us for that purpose or to us at our registered office.

You hereby agree and acknowledge that we enter into this Agreement for our own benefit but also as an agent for the benefit of our third-party content providers and licensors. As such all rights and benefits under or in connection with these Terms of Use including under indemnity, contract, tort, or howsoever arising shall be rights and benefits of the each of the Third Party Rights Holders (as if each one were a party to this Agreement).

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

These Terms of Use shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

These Terms of Use are current as of 05/06/2020.