This page sets out the terms for the use of the Underground Heart Site and the Services that Underground Heart offers, and are effective from the 29th of March 2015.
1.2. We provide a platform, which includes this Site, as well as any mobile applications, where we, Our local affiliates and other sellers (collectively, “Merchant(s)”) can list offers for Vouchers, Deals, goods, getaways and other Product(s) (to be collectively known as “Item(s)” or “Deal(s)”). The Merchant(s) shall list the Items through Our platform and We are only the platform provider, and that is where Our responsibility to the Merchant, or to You, ends. We may also be a Merchant. The details in this clause (clause number 1.2.) means that in addition to this Agreement, You may have other contractual relationships with different legal entities when You interact with the Service(s) available through this Site.
1.3. Whatever Item(s) You purchase, or Deals You redeem via the Underground Heart Site will be subject to the individual terms and conditions of that individual Merchant. This means that Your contract of sale may be with another Underground Heart company or an entirely separate third party entity. The specific Merchant that is making that specific deal available for You to redeem, is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the arrangement between You and the Merchant. There will also be a contract between You and the business that actually provides the Product(s) or Service(s) when You redeem Your Deal(s) with that business (the “Merchant”).
1.4. We will provide a forum to submit or post User Content, as well as send newsletters and other communications to You. In order to send emails to You, We need to know some details about You. Take a look at Our data collection and processing practices in Our Privacy and Cookies Policies for details.
1.4.1 It should be noted that, all user comments are the opinion of that individual user, and that all user comments will be monitored, also any user content that Underground Heart deems to be inappropriate, slanderous, spam, or unnecessarily derogative will be moderated or deleted,
1.4.2 individual user comments may not contain statements that are; false, misleading, defamatory, discriminatory, threatening, offensive, abusive, encourage violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy, or
1.4.3 that infringes any intellectual property rights, such as copyright and trade marks. This means generally that You must own the rights to everything You submit to Underground Heart, or You must obtain permission from the specific rights owner to submit the material, or
1.4.4. which encourages or teaches conduct that is a criminal offence, may give rise to legal liability, or is otherwise unlawful,
1.4.5. You may also not submit material which is harmful to technology (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
1.4.6. We have no legal or contractual obligations to use any material submitted by You, and We reserve the right to remove from the Site and Our database any of the material submitted by You at Our sole discretion. We also reserve the right to prevent any person, You, or any Merchant from making any use of the Site, or to be able to limit any person, You or any Merchant from their use of the Site and the Services, or any part of them, this will remain purely at Our sole desecration.
1.4.7. We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone submitting material in breach of clause 1.4.1., clause 1.4.2., clause 1.4.3., clause 1.4.4., clause 1.4.5., clause 1.4.6.,
1.4.8. We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by You and Merchant(s).
1.5. You may access the Site only through Our app, standard web and mobile browsers and similar consumer based applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine the Underground Heart Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
1.6. In this Agreement, We use a number of defined terms. You will know they are defined terms, because, in most cases, they will begin with a capital letter. These words are all defined within or at the end of this Agreement in section 13).
- Registering with Us and Your Account
2.1. Depending on the particular functionality of Our Site at any time, You may or may not need to Register to make use of some of its functionality or to access a selection of Our Service(s), however, You must Register in order to purchase Item(s), or redeem Deal(s). We reserve the right to decline a new Registration or to cancel an Account at any time.
2.2. To Register You will need to supply Underground Heart with Your name, email address, and possibly some other personal information. Any personal information required by Underground Heart in reference to Your Registration shall be assessed on a Customer by Customer basis, and shall never deviate from Our Privacy and Cookies Policies.
2.3. During the Registration process, You will need to supply Us with Your password. You must keep your chosen password confidential and immediately notify Us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of Your email address or any breach of the security known to You. You agree that We are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) Our Service(s) and Site. Please note that You are entirely responsible if You do not maintain the confidentiality of Your password.
2.4. You must only Register Your Account with a valid personal email address that You access on a regular basis. In the event that Underground Heart believe an Account has been registered with someone else’s email address or with a temporary email addresses, this Account may be closed without notice. We may require users to re-validate their Accounts if We believe they have been using an invalid email address.
2.5. Underground Heart may send You administrative and promotional emails. We may also send You information regarding Your Account activity and purchases, as well as updates regarding Our Site and Services or other promotional offers. We may also send You information regarding purchases You’ve made. (You can opt-out of Our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
- Standards and Underground Heart’s limitation of its liability
3.1. Underground Heart always endeavours to provide the best Service possible and promises that:
3.1.1. We will exercise reasonable care and the best skill available in performing any obligation found within this Agreement;
3.1.2. and We will not contravene the requirements of professional diligence in what We do.
3.2. This section (3) takes precedence over all other sections in this Agreement and sets forth Our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
3.3. The material contained on the Site is for information purposes only and does not constitute advice. You should carry out Your own investigation in respect of any information You obtain from this Site and use Your own personal judgment before doing or not doing anything on the basis of what you discover through this Site. We supply no warranties of any kind in relation to the Deal(s) available for You to redeem through the Site.
3.4. We are also not liable for the following;
3.4.1. any action You may take as a result of relying on any information/materials provided on or through the Site or for any loss or damage suffered by You as a result of taking any kind of such action; or
3.4.2. any dealings You have with third parties (e.g. suppliers of Item(s) or Deal(s) or Merchant(s)) that are making any kind of use of the Service(s) available through this Site; or
3.4.3. any Liability for losses which are not a foreseeable or likely consequence of (i) Your use of the Site, or (ii) a breach by Us of these General Terms.
3.5. We are not responsible if You cannot use the Site correctly or at all because of any event outside Our control (e.g. the performance of Your or Our internet service provider, Your browser or the internet.)
3.6. The Site relies in part on software to function, it is generally accepted and understood that software can suffer from bugs, whilst We monitor the Site and try to fix bugs promptly, We do not guarantee that the Site will be error free, available all the time and/or free from viruses.
3.7. Nothing in these General Terms affects any Liability which We may have for death or personal injury arising from Our own provable negligence, fraud or any other Liability which cannot be excluded or limited by law.
- Your obligations
4.1. It is Your own responsibility to ensure that any Item(s), or information, or Deal(s) available through the Site meet Your own specific personal requirements.
4.2. Without limitation, You undertake not to use or permit anyone else to make use of Your user name or Account, and where reasonably possible, You also undertake not to allow anyone, or by Your own deliberate act You undertake not to;
4.2.1. upload, send or receive any material, including User Content, for which You have not obtained all necessary licenses and/or approvals from Us or any relevant third parties;
4.2.2. upload, send or receive any material which is potentially harmful to technology, including, without limitation, 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, computer equipment, or this Site;
4.2.3. cause annoyance, inconvenience or needless anxiety through this Site;
4.2.4. use this Site for a purpose other than which We have designed it for;
4.2.5. use this Site for any fraudulent purpose;
4.3 The following uses of the Site and Service(s) are expressly prohibited and You undertake not to do (or, where reasonably possible, permit anyone else to do) any of the following:
4.3.1. resell the Service(s), or Deal(s) available through the Site;
4.3.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
4.3.3. attempt to circumvent Our security or network including accessing data not intended for You, logging into a server or Account You are not expressly authorised to access;
4.3.4. execute any form of network monitoring which will intercept data not intended for You;
4.3.5. enter into fraudulent interactions or transactions with us, 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);
4.3.6. use the Service(s) or Site (or any relevant functionality of either of them) in breach of this Agreement;
4.3.7. use in an unauthorised manner, or forge, mail header information;
4.3.8. engage in any unlawful or criminal activity in connection with the use of the Service(s) and/or the Site or any Deal(s)/Item(s); or
4.3.9. copy or use any User Content, or Merchant details/content for any personal commercial purposes.
- The Service(s) and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Service(s). To use the Site or Service(s), You will require Internet connectivity and an appropriate telecommunication link. We shall not be liable for any telephone costs, telecommunications costs or other costs that You may incur, any costs incurred in respect of this are fully Your responsibility.
- Rules about use of the Service(s) and the site
6.1. We are not liable for errors or omissions (for example, listing a Deal at £1.99 instead of £199!) if We have complied with the standards set out in section 3 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Deal, Service or information on the Site at any time.
6.2. We will use Our best endeavours, to allow uninterrupted access to the Service(s) and the Site, this access to the Service(s) and the Site may be suspended, restricted or terminated at any time, purely at the desecration of Underground Heart.
- Please also see Our Privacy and Cookies Policies which forms part of this Agreement, and may, at Our sole discretion, be changed at any time
- Any advertisements may be delivered on Our behalf by a third party or advertising company, which may, on Our behalf, place a unique “cookie” on Your browser, although this practice shall not take place without Your knowledge and without your express personal permission. If You would like more information, see Our Privacy and Cookies Policies.
- Underground Heart, or Our other Underground Heart Group Companies, may contain links to third party sites as well as to resources provided by third parties (together “Other Sites“), those Other Sites are merely linked to provide information only and these links are solely for Your convenience, We assume no control over the content found within these Other Sites, We do not accept, and We assume no responsibility or Liability for Other Sites or Product(s) of Other Sites (including, without limitation, relating to social networking sites, wiki style sites, and online press style sites) and We accept no responsibility for any loss or damage that may arise from Your use of them, if You decide to access any of the Other Sites linked from this Site, or from Group Sites, You do so entirely at Your own risk.
- Intellectual property rights
10.1. Underground Heart grants You a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Underground Heart. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) within this Site and available through Our Service(s), materials, information and content on the Site or are accessed as part of the Service(s), any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data. The underlying source code and software (including applets and scripts), and all their selection, co-ordination, arrangement and enhancement shall remain the property of Underground Heart, or that of Our licensors, or of the appropriate relevant Merchant, You shall not, and shall not attempt to, obtain any ownership or title over any such property. All rights are reserved.
10.2. None of the material listed in the section above (10.1.), in whole or in part, may be reproduced, distributed, copied, modified, distributed, republished, downloaded, displayed, posted, performed or transmitted in any form or by any means, they shall not be sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Underground Heart or the appropriate copyright owner, except that which is otherwise expressly stated under copyright law. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, You will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and/or criminal penalties. In addition, You may not make any use that exceeds or violates this Agreement.
10.3. “Underground Heart”, the Underground Heart logos and variations thereof found on the Site are owned by Underground Heart and all use of these marks inures to the benefit of Underground Heart. Other marks on this Site not owned by Underground Heart may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Underground Heart, or the specific Merchant who can be clearly seen in appropriate context with that specific logo or copyright or business mark, unless otherwise stated.
10.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Service(s) is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark law or other law. This Agreement gives You no rights to such content except for the licenses granted herein, or otherwise stated within the Site, or within Site relevant communication.
10.5. Except in respect of User Content, the authors of the literary and artistic works within the pages of this Site have asserted their moral rights to be identified as the author of those works.
10.6. Any material which You transmit or post or submit to the Site (or otherwise to us), shall be considered (and We may treat as) non-confidential and nonproprietary, (subject to section 3), anything which You supply to Us from whatever source (i.e., via digital or written communication), it shall be assumed and agreed, that You have granted Us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferable, non-exclusive, worldwide, right to use, copy, modify, adapt, translate, publish, distribute, and display, in any form, media and technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, or related promotional sites, (for example social networking sites, not necessarily owned by by Underground Heart), all without compensation to You, for the purpose of operating and promoting Underground Heart, Other Sites and for providing the Service(s), all of which shall be purely at the desecration of Underground Heart.
11.1. section headings such as (“11.” and “General” at the start of this section) and section titles (such as “Interpretation:” at the start of this section 11.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement;
11.2. Nothing in this Agreement shall be construed to create any kind of joint venture, or partnership, or agency relationship between You and Underground Heart and neither party shall have any 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.
11.3. We shall not be liable for any breach of Our obligations under this Agreement where We are hindered or prevented from carrying out Our obligations by any cause outside Our reasonable control.
11.4. Unless otherwise stated within this Agreement, 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) sent by fax or by pre-paid post, to You at the address You supplied to Us or to Us at Our registered office, these notice(s) shall only be deemed as having been received by the other party (for example, You if sent by Us, or Us if sent by You) when there is proof provided by a third party (for example registered signed for post, or an Internet company that can provide proof of any electronic communication having been received).
11.5. Underground Heart will do its reasonable best to resolve any legal disputes that arise from this Agreement. In the event that You wish to bring a legal claim against Underground Heart, You must do so within the United Kingdom and English courts shall have the exclusive jurisdiction for Your legal claim.
- Termination of Accounts
12.1. Accounts will terminate automatically:
12.1.1. if You die; or
12.1.2. if We have reasonable reason to believe that You have committed an act of Fraud against Us or any Merchant.
12.2. In the case of any termination in accordance with paragraph 12.1.2., You shall be liable to Us for:
12.2.1. any reasonable costs, including legal fees, incurred by Us as a result of any act that Underground Heart have reasonable reason to believe that You have committed in the context of any term within this Agreement.
In this Agreement, We use various defined terms. You will know they are defined terms, because in most cases they will begin with a capital letter, below here is what You and Us agree that they will mean:
“Account” means Your Underground Heart Account.
“Liability” means Liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement).
“Merchant” and “Merchants” and “Merchant(s)” means a provider of Products for which a Deal can be redeemed by making use of the Underground Heart Service(s). A Merchant is not Underground Heart. Unless otherwise stated.
“Register” means to create an Account on the Site, and “Registration” means the action of creating an Account, the term Registration shall be effected by this definition and shall also be effected by the generally accepted and common understanding of the term Registration.
“Services” means all or any of the Service(s) provided by Underground Heart via the Site (or via other electronic or other communication from Underground Heart) including, without limitation, mobile applications, Our newsletter, emails We send You and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).
“Voucher” means a Voucher which is provided by the Merchants and can be exchanged for Deal(s) from a relevant Merchant, subject to terms and conditions listed on the Voucher itself
and/or on the Deal page of the Site from which the Voucher was redeemed.
“Products ” means goods and/or Service(s) which are described as part of a Voucher (and for which a Voucher/Deal can be redeemed), this definition shall also include the commonly accepted understanding of the words Vouchers, deals, goods, getaways or products.
“Item(s)” and “Deal(s)” means offers available via the Underground Heart site, and that can be redeemed by using this Site, this definition shall also include the commonly accepted understanding of the words Vouchers, deals, goods, getaways or products.
“You” means “You”, the User, the customer, the person who will be obtaining “Deals” from third party Merchant(s), or from Underground Heart, via this Site.
“Other Sites” means any other website or websites that Underground Heart chooses to make any form of connection with, this shall include, without limitation, online press, wiki style information sites, social networking sites, or any other site that is related to, or are deemed as useful to the Services being provided by Underground Heart, the choice of which Other Sites shall be included shall remain purely at the sole discretion of Underground Heart.
“Us” and “We” and “Our” means Underground Heart, as defined in clause 1.1., and it shall also be understood and agreed to be specifically defined within the commonplace and generally accepted understanding of the grammatical context of that term as it is used at that specific moment within this contract.