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Merchant Terms and Conditions

THESE TERMS AND CONDITIONS ("Terms") will govern your conduct with iSave Discounts and the use of our services through your merchant account. Please read these Terms carefully and ensure that you have understood them. By accessing and using the services offered by iSave Discounts through your merchant account, you are agreeing to comply with and be bound by the following terms and any policies, guidelines and amendments that may be presented to you from time to time (collectively known as the “Terms”). These terms should be regularly reviewed.

If you disagree with any part of these Terms, please cease to use your iSave Discounts merchant account immediately and cease your participation in any iSave Discounts merchant programs.

1. General

The use of our services is subject to the following terms of use:

1.1  The term "iSave Discount.co.uk" or ‘us’ or ‘we’ refers to Simkal Limited, a company registered in England and Wales, company number 07747991. Whose registered office is 145-157 St John Street, London, EC1V 4PW. 

1.2  By using our services, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms. 

1.3  The initial term of your contract is for one year. 

1.4  Your use of iSave Discounts services and any dispute arising out of such use of our services is subject to the laws of England and Wales.

 

2. Agreement 

2.1 By registering with our Merchant Account you agree to comply with the following conditions:-

  • You warrant that you are a commercial enterprise;
  • You are bound by our terms;
  • You are authorised to enter your business into legally binding contracts;
  • Each offer you submit to us for promotion must be honoured when any of our members present a valid e-voucher to you within your standard business hours.
  • All material relating to iSave Discounts is the property of Simkal Limited. We can at anytime demand, withdraw or collect any material which represents us to be returned to us and we are in no obligation to refund any deposits or payments made for any such items.
  • If you purchase or promote any material relating to iSave Discounts that you then sell or give to the public you must abide by our terms and conditions at all times and not misrepresent us or any of the businesses or promotions we advertise and any way mislead or deceive anyone into purchasing or receiving any such items that we have supplied or you may have acquired.
  • The offer displayed on the map guide / deal directory, any printed material or online promotion must be honoured when any of our members present a valid iSave Discounts VIP card to you within your standard business hours for 12 months from the date of release of your locations Map Guide/ Deal Directory or any printed material or online promotion relating to iSave Discounts.
  • That we may promote you in our marketing programme which includes iSave Discounts and associated products under these terms and conditions. 

3. Merchant Account 

3.1 In order to use our services you are required to register for a merchant account on the iSave Discounts website (“the website”). As part of the registration process you are required to provide accurate and up-to-date contact and other information. It is your responsibility to ensure that this information remains up-to-date whilst you continue to use our services.

 

 3.2 You are responsible for all activities which occur within your Merchant Account. It is your responsibility to maintain the confidentiality of the password to your Merchant Account. You should notify iSave Discounts immediately if you suspect or if there has been any unauthorised use of your Merchant Account or password. iSave Discounts is not liable or will not be liable for any losses arising from your failure to comply with any of the terms relating to your Merchant Account.  

 

 3.3 We reserve the right in our sole discretion to block access to our site at any time to you or any other merchant without notice for any reason. 

 

3.4 There is a section of your Merchant Account were you can edit your business profile, including locations, opening times, logos, current discount offer details, social media links. You can upload details of any new discount offers and edit existing offers. You must be authorised to enter your business into the discounted offers uploaded and any active offers in your Merchant Account must be honoured when the discount code is presented by one of our members.

 

4. Discount Codes / Deals 

4.1 You must honour each valid discount code/deal submitted to us through your Merchant Account when it is presented by any of our members during your normal business hours. If the ownership of your business is transferred during the discount code / deal validity period then you must procure the express written agreement of the transferee to honour the offer.

 

4.2 If you fail to honour any of your discount codes or offers then you could cause irreparable harm to both iSave Discounts’ and your own reputation. In the event of such a breach in the terms you agree that we have the right to seek injunctive relief and shall be entitled to receive compensation for reasonable legal fees incurred in doing so.

 

4.3 Any limitations to the discount code / deal submitted must be clearly stated in your advertised discount / deal.

 

4.4 Each valid offer submitted through your merchant account must be allocated to a unique sub-category of the website during its validity period. We reserve the right to remove duplicate offers and to reallocate inappropriately categorised offers to an alternative sub-category

 

4.5 Any offers submitted must have an expiry date, which is no more than three months from the date when the offer started unless you select the rolling offer option. You are also responsible for the contents and terms of your offers including ensuring the information disclosed on our website is accurate and up-to-date particularly the discount code displayed.  

 

4.6 If a rolling offer is selected then this offer would continue to be shown for the duration of your contract or until you remove it from your profile. You must honour this deal or discount code when it is presented by any of our members during normal business hours.

 

4.7 Following the submission of your offer through your merchant account there will be a delay of up to 72 hours before your offer appears on our website whilst it passes through our approval process. 

 

4.8 We reserve the right to refuse or remove any offers submitted. You must not submit any offers which would infringe others rights, include any profane, obscene or otherwise offensive material, sell or advertise goods in a way that is prohibited under any law or in any way give rive rise to a civil liability or constitute a criminal offence or otherwise violate any law.

 

4.9 We have the right but are not obliged to promote your offers which are submitted through your Merchant Account during their validity period, in any or all of our products (including, online print, electronic communication) without limit.   

 

5. ‘In-Store’ Discounts

5.1 You must honour each ‘in-store’ discount submitted to us through your Merchant Account when it is presented by any of our members during your normal business hours, via their iSave Discounts card. If the ownership of your business is transferred during the ‘in-store’ discount validity period then you must procure the express written agreement of the transferee to honour the offer.

 

5.2 If you fail to honour any of your discounts or offers then you could cause irreparable harm to both iSave Discounts’ and your own reputation. In the event of such a breach in the terms you agree that we have the right to seek injunctive relief and shall be entitled to receive compensation for reasonable legal fees incurred in doing so.

 

5.3 Any limitations to the ‘in-store discount submitted must be clearly stated in your advertised discount / deal.

 

5.4 Each valid offer submitted through your merchant account must be allocated to a unique sub-category of the website during its validity period. We reserve the right to remove duplicate offers and to reallocate inappropriately categorised offers to an alternative sub-category.

 

5.5 If you have multiple locations, you must clearly state whether the ‘in-store’ discount you are displaying is valid at all locations or state which selected locations it is valid at.

 

5.6 Any ‘in-store’ offers submitted must have an expiry date, which is no more than three months from the date when the offer started unless you select the rolling offer option. You are also responsible for the contents and terms of your offers including ensuring the information disclosed on our website is accurate and up-to-date. 

 

5.7 If a rolling offer is selected then this offer would continue to be shown for the duration of your contract or until you remove it from your profile. You must honour this ‘in-store’ deal or discount when it is presented by any of our members during normal business hours.

 

5.8 Following the submission of your offer through your merchant account there will be a delay of up to 72 hours before your offer appears on our website whilst it passes through our approval process. 

 

5.9 We reserve the right to refuse or remove any offers submitted. You must not submit any offers which would infringe others rights, include any profane, obscene or otherwise offensive material, sell or advertise goods in a way that is prohibited under any law or in any way give rive rise to a civil liability or constitute a criminal offence or otherwise violate any law.

 

5.10 We have the right but are not obliged to promote your offers which are submitted through your Merchant Account during their validity period, in any or all of our products (including, online print, electronic communication) without limit.  

 

5.11 By submitting ‘in-store’ offers via your Merchant Account you agree to display iSave Discounts point of sale advertising at your business premises. 5.12 If you sign to advertise in our printed deal directory but fail to provide us with an offer a default 10% discount for your business will be advertised. 5.13 If you take advantage of our free advertisement offer then you are not eligible to approve any proofs of design. The advertisement will be designed as the isavediscounts management team see fit.

 

6. Cancellation / Refund Policy

6.1 You may cancel your contract within 14 days of you signing up to iSave Discounts. You will receive a full refund only if your order has not been processed to administration. If your order has been processed through to administration a cancelation fee of £29.99 will apply. If you wish to cancel after the 14 day cancellation period you will not be eligible for any refund.

 

6.2 To cancel your membership you must do so in writing. 

 

6.3 If you cancel your contract within the conditions dictated above then we will process the refund due within 30 days of the day you gave us notice of cancellation.

 

6.4 Any contract which is Sale or Return applies to 28 days from the start date written on the contract or the date the contact was written and anytime after that 28th day from the start date of contract is seen as after the returnable duration and is therefore non - refundable.

 

 

7. Intellectual Property

7.1 iSave Discounts and all related trademarks are the property of SimKal Limited. All other company names, logos, product names or trademarks of other content providers are the property of the respective owners. You are not permitted to use any such product names, titles, brand names or copyrights. Any such use may constitute an infringement of the holder’s rights. 

 

8. Warranties and Liabilities 

8.1 You represent and warrant to iSave Discounts that:-

  • The individual entering into this Agreement has the necessary authority to enter into this agreement and has the authority to bind the company they represent to these terms and conditions and to the offers they submit to us. 
  • You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • The content will be legal, accurate, decent, and will not infringe on the rights of any third party.
  • The content will not contain any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software and will not link to other websites other than that stated in your deal terms.
  • You have the authority to hereby grant us an irrevocable royalty free licence to use your brand name(s), logo, trademark, other corporate identifiers, photographs and other material supplied to us in connection with the marketing and promotion of your offers you have submitted to us.
  • We reserve the right to adapt the language, presentation and descriptive copy of the content of the offer you submit to us, including the right to edit or remove all or any part of it.
  • We are under no obligation to use all or any part of the content that you supply to us.
  • Your representations about your business and the use of your vouchers codes do not infringe or otherwise violate any third party right of privacy, intellectual property right or right of publicity.
  • You hold all the required documents and authority necessary to make your offer and you are able to honour your offer. The goods or services depicted in your offer will be provided in a manner consistent with industry standards.   
  • We will not be in breach of our obligations or otherwise liable for any delay in performance due to conditions that are reasonably beyond our control, including, without limitation, fire, flood, accident, breakdown of systems or network, industrial disputes or strikes.   

 

9. Indemnity               

9.1 You agree to indemnify and hold iSave Discounts and its related companies, and each of their respective shareholders, directors, employees, and agents harmless from and against any liabilities, claims losses, damages and costs or expenses including reasonable legal fees and court costs, arising out of or relating to any of the following:-

  • Your and any third party merchant’s breach of alleged breach of these terms;
  • Your and any third party merchant’s fraud, gross negligence or misconduct;
  • The goods or services provided by you, including but not limited to, any claims for false advertising, injuries, damaged goods, illnesses or death; 
  • Your content;
  • Any infringement or other violation of copyright, patent, trademark or other right of any such third party;
  • Any offer, including incomplete, false or inaccurate information;

 

10. General

10.1 These Terms shall be governed by and construed in accordance with laws of England and Wales. If any provision of these Terms shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

10.2 We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site.

 

10.3 We will not be liable to you with respect to its obligations under these terms or otherwise for any business losses, including without limitation indirect or consequential loss or damage to data, profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill even if it has been advised of the possibility of such damages.

 

10.4 If any part of this Agreement is found to be by any court or other competent authority to be unenforceable or invalid in whole or in part, the remainder of this Agreement shall continue to be valid.