“User”, “you” or “your” refers to anyone who accesses or uses the Site or the Service, including, without limitation, Merchants and Buyers.
3. Modifications and Updates
4. About the Site
The Site provides a platform through which Merchants sell vouchers for services or products (collectively “Merchant Offering”) to Buyers. Merchants are the sole seller of the Merchant Offerings and are solely responsible to you for the quality and delivery of the services or products provided. Valubil only sells the Vouchers on behalf of Merchants.
5. Access to the Site
By accessing the Site or using the Site or the Service, you agree that:
- You are at least 18 years old;
- You will not commit any misconduct or fraud during your access to or use of the Site or the Service, including, without limitation, an attempt to use the Site or the Service using any crawlers, extraction tools or any other functionality;
- Any and all information you submit to the Site is true, complete and correct and that you are entitled to provide such information;
- You will ensure that any and all information you have submitted to the Site is true, complete and correct at all times by regularly updating it and that outdated, false, incorrect or incomplete information might lead to the deactivation or suspension of your account in our sole discretion;
- Your purchases that you make on the Site are for your own personal use or for the personal use of another person and that these purchases will not be for your own commercial use or the commercial use of another person;
6. Your Account
7. Your Conduct
8. Voucher Terms of Sale
These Voucher Terms of Sale were last updated on 21 April 2018.
- These Voucher Terms of Sale apply to every Voucher you purchase from Valubil.
- Voucher is a printed or electronic document that entitles the holder of such Voucher (the “Voucher Holder”) to obtain either a product via Valubil or to obtain the Merchant Offering from the Merchant as per the Terms stated on the Voucher and before the date specified on the Voucher (“Voucher Expiry Date”).
- The Merchant Offering is the services and/or products provided by the Merchant to the Voucher Holder, as per the Terms stated on the Voucher and on the Site.
- Valubil reserves the right, at its sole discretion, to modify these Terms of Sale and at any time. Any modification to these Voucher Terms of Sale will be posted on this page. You fully agree that posting such modifications on this page represents a notice to you of the Voucher Terms of Sales. Your continual purchase through the Site after posting the updated Voucher Terms of Sale will constitute your acknowledgement and consent to the updated Voucher Terms of Sale. Your purchase of the Voucher will be bound and governed by the Voucher Terms of Sale that you agreed to at the time you made the purchase.
- The Merchant may have their own terms applicable to the sale and/or provision of the Merchant Offering.
- Valubil does not sell or provide the Merchant Offering, it only sells and provides the Voucher on behalf of the Merchant. The Merchant is the sole issuer of the Voucher and it is not related to Valubil. The Merchant is a third party that sells and/or provides the Merchant Offering.
- Valubil is not responsible for the provision, quality or care of the Merchant Offering. It is the Merchant who is solely responsible for the provision, quality and care of the Merchant Offering.
- Merchant provides the details and description of the Merchant Offerings available on the Site. Valubil is not responsible for any claims in connection with the description of the Merchant Offerings and Valubil does not guarantee or investigate or endorse any information associated with any of the Merchant Offerings. It is your responsibility to determine whether the Merchant Offering suits your requirements, needs, specifications and time availability.
- You must have an account on Valubil and be at least 18 years old in order to purchase a Voucher.
- Valubil, in its sole discretion, will determine your compliance with the Voucher Terms of Sales. Valubil expressly reserves the right to terminate, suspend or deny your access to a part or all of the Site or the Service without notice or liability of any kind. In the event, Valubil considers that you may be committing or have committed any scam, fraud or any illegal activity against Valubil, the Merchant or a third party of Valubil, Valubil reserves the right to terminate your account or cancel your order even if Valubil have accepted it.
- Unless expressly stated otherwise:
- The Voucher can be redeemed by anyone. Anyone who has the Voucher can redeem it;
- The Voucher and its authentication number can only be redeemed once and therefore can be used once;
- The Voucher can only be redeemed with the Merchant that is providing the Merchant Offering;
- The Voucher is valid for one person only;
- There is a limit of one Voucher per person per Merchant Offering;
- To redeem the Voucher with the Merchant, you should either present it to the Merchant in a printed form or an electronic form;
- You must abide by the redemption instructions and terms stated on the Voucher and the Site when you redeem the Voucher with the Merchant;
- A Voucher cannot be used and redeemed after the Voucher Expiry Date. You must redeem the Voucher with the Merchant no later than the Voucher Expiry Date. You cannot redeem the Voucher after the Voucher Expiry Date.
- You cannot redeem the Voucher for services and/or products other than the Merchant Offering.
- If the services or products that constitute the Merchant Offering are not available anymore, Merchant shall always allow the Voucher Holder to redeem the Voucher toward any services or products that are equivalent to at least the Amount Paid for the Voucher. The Voucher Holder shall pay the difference between the price of the services or products redeemed and the amount paid for the Voucher, if any.
- You are strongly recommended to contact the Merchant at an early stage so you have a better chance to secure your preferred time for receiving the Merchant Offering, especially in cases where it states that the Voucher holder cannot receive the Merchant Offering at a specific time.
- The Voucher cannot be transferred into cash and are non-refundable except to the extent which may be required by applicable law.
- The Voucher is not redeemable in partial amounts. If the Voucher Holder redeems the Voucher for a value less than the amount paid or less than the original undiscounted value, the Voucher Holder is not entitled to a cash refund or credit of any amount, whatsoever.
- You are solely responsible for keeping your Voucher and its authentication number secure. Neither Valubil nor the Merchant are liable or responsible for lost or stolen Vouchers or for recovering your Voucher authentication number.
- You are responsible for providing correct and true information. While purchasing and redeeming the Voucher, you confirm that you will not provide any fake or false information and that you will provide true and correct names, contact details, including, without limitation mobile phone number, address details, and payment details. You also confirm that you will not engage in any illegal activity in association with the purchase or use of the Voucher.
- If you attempt to purchase, use or redeem a Voucher by breaching any term of these Voucher Terms of Sale, Valubil, in its sole discretion, may deactivate such voucher.
- The reproduction, the commercial trade or buying and selling of a voucher is prohibited. It is strictly prohibited to purchase vouchers for the purpose of reselling them. Any purchase of a Voucher you make is for only your non-commercial personal use. You may give the Voucher as a gift to someone else for their non-commerical, personal use. If you purchase multiple vouchers for the purpose of reselling them, you may cause your account to be suspended and terminated.
9. Your Privacy
10. Third Parties Links
11. Electronic Communications
We will communicate with you electronically, either by sending you an email or by posting notices on the Site. You acknowledge and consent that all notices, announcements, agreements, and other communications that we communicate with you electronically fulfil any legal requirement that such communications be in writing. You also acknowledge and consent that announcements, disclosures and notices we send to the email address you provide on the Site or from which you email us are considered delivered to you and effective once are sent.
12. Site & Service Availability
We always intend to make the Site and the Service accessible at all times however, you fully acknowledge that the Site or the Service may not be available from time to time and that Valubil shall not be responsible or liable to any failure to perform due to any event, reason or cause that is either within or beyond the control of Valubil including, without limitation, any act of God, any act of war, any act of terrorism, political insurgence, riot, civil disorder, any act of civil or military authority, earthquakes, weather conditions or other elements of nature, disorder or failure or error to computer hardware or software, or networks.
13. Disclaimer of Warranty
THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND INFORMATION AVAILABLE ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND ANY OTHER SERVICES ACCESSIBLE THROUGH THE SITE, ARE MADE AVAILABLE OR ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AS ALLOWED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS AND VOUCHERS AND YOUR ACTIVITIES ON THE SITE ARE LAWFUL AT ALL TIMES.
NEITHER VALUBIL, NOR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, MERCHANTS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS REPRESENT AND WARRANT THAT THE ACCESS TO OR USE OF THE SITE OR THE SERVICE WILL BE TIMELY, UNINTERUPPTED, ERROR-FREE, SECURE, VIRUS-FREE OR FREE FROM ANY OTHER UNSAFE COMPONENTS NOR DO THEY MAKE ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO: (A) THE SITE (B) THE SERVICE (C) OPERATIONS OF THE SITE OR THE SERVICE (D) THE RESULTS OR CONSEQUENCES OF THE USE OF THE SITE OR THE SERVICE (E) MERCHANT OFFERINGS, PRODUCTS OR SERVICES AVAILABLE ON THE SITE (F) THE RELIABILITY, ACCURACY, AUTHENTICITY OR LEGALITY OF ANY AND ALL CONTENT, INFORMATION, MATERIAL, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY, INCLUDING WITHOUT LIMITATION, DESCRIPTIONS OF MERCHANT OFFERINGS, SERVICES OR PRODUCTS AVAILABLE ON THE SITE (G) THE SECURITY ASSOCIATED WITH THE TRANSFERRING OR PROCESSING OF ANY SENSITIVE OR PERSONAL INFORMATION THROUGH THE SITE OR THROUGH ANY THIRD-PARTY LINK.
TO THE FULLEST EXTENT PERMITTED BY LAW, VALUBIL, ITS AFFILIATES AND SUBSIDIARIES DISCLAIM ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, AND WARRANTIES, WHETHER IMPLIED, EXPRESS, OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INTEREFERENCE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING OUT OF A COURSE OF DEALING OR A COURSE OF PERFORMANCE. THE WARRANTY LIMITATIONS SET FORTH ABOVE ARE NOT INTENDED TO LIMIT THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER LAWS APPLICABLE TO THIS AGREEMENT.
TO THE EXTENT DEFINED BY LAW, THE WARRRANTY DISCLAIMER IN THIS SECTION WILL NOT APPLY WHERE ANY JURISDICTIONS DO NOT ALLOW OR LIMIT THE DISCLAIMER OF WARRANTIES STATED AND DESCRIBED ABOVE.
14. Limitations of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCE, SHALL VALUBIL, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, THIRD PARTY SERVICE PROVIDERS OR LICENSORS, OR ANY OF THEIR EMPLOYEES OR ANY PERSON INVOLVED IN CREATING, DISTRIBUTING OR PROVIDING THE SITE OR THE SERVICE BE LIABLE FOR ANY DIRECT OR INDIRECT CLAIM, INJURY, DAMAGE OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, BUSINESS DAMAGES, LOST PROFITS, LOST REVENUES, LOSS OF DATA, THAT ARE DIRECTLY OR INDIRECTLY IN CONNECTION WITH OR ARISING OUT OF: (1) YOUR USE OF OR YOUR INABILITY TO USE THE SITE, THE SERVICE OR ANY CONTENT OR INFORMATION CONTAINED IN THE SITE; (2) YOUR USE OF OR YOUR INABILITY TO USE ANY THIRD PARTY SERVICES OR PRODUCTS; (3) ANY SERVICES OR PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (4) ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE OR PURCHASED OR OBTAINED DIRECTLY FROM THE MERCHANT; (5) THE SITE, THE SERVICE OR MERCHANT OFFERINGS; (6) ANY ERRORS, DEFECTS, DELAYS OR INTERRUPTIONS IN THE OPERAT,ION OR FUNCTIONALITY OF THE SITE OR THE SERVICE; (7) THE ACCURACY, AUTHENTICITY OR LEGALITY OF INFORMATION OR CONTENT CONTAINED IN THE SITE, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, DESCRIPTION OF MERCHANT OFFERINGS, PRODUCTS OR SERVICES, PROVIDED BY ANY THIRD PARTY; (8) ANY FAULTS, ERRORS, DELAY OR OMISSIONS IN THE OPERATION OF THE SITE OR THE SERVICE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL, WITHOUT LIMITATION, APPLY ALSO TO ALL CONTENT AND INFORMATION ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER VALUBIL, NOR ITS AFFILIATES, CONTENT PROVIDERS, ANY OF THEIR EMPLOYEES OR ANY PERSON INVOLVED IN PROVIDING THE SITE OR THE SERVICE SHALL BE LIABLE FOR HARM OR INJURY, ANY LOST PROFIT, ANY DAMAGE OR HARM TO ANY USER’S COMPUTER, COMPTURE SOTWARE, HARDWARE OR ANY OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY COMPUTER VIRUS, BUGS, ERROR, FRAUD, SECURITY BREACH, TAMPERING, THEFT, UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ANY CONTENT CONTAINED IN THE SITE, ANY ERROR, DELAY OR FAILURE IN NETWORK, PERFORMANCE, FUNCTIONALITY OR OPERATION, INTERRUPTION, DELETION, DEFECT, ERROR, DELAY OR FAILURE IN OPERATION OR ANY OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, A TECHNICAL MALFUNCTION.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT IF YOU ARE SUBJECT TO ANY LOSSES, DAMAGES, INJURIES, OR HARM INCLUDING, WITHOUT LIMITATION, BUSINESS DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF DATA OR LOSS OF ANY NATURE THAT ARE EITHER DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR THAT ARISE OUT OF VALUBIL’S ACTS, THE DAMAGES ARE RECOVERABLE AND THEY ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION TO ENJOIN THE ADVERTISING EXHIBITION, USE, DISTRIBUTION, OPERATION OR DEVELOPMENT OF THE SITE OR THE SERVICE.
IF YOU ARE DISCONTENTED AND NOT SATISFIED WITH THE SITE OR THE SERVICE, PLEASE STOP ACCESSING OR USING THE SITE OR THE SERVICE.
IN NO EVENT AND UNDER NO CIRCUMSTANCE, SHALL VALUBIL’S LIABILITY TO YOU RELATED TO MERCHANT OFFERINGS, PRODUCTS AND OTHER SERVICES AVAILABLE ON THE SITE EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID FOR THE RELATED SERVICE, PRODUCT OR VOUCHER.
THE LIABILITY LIMITATIONS SET FORTH ABOVE ARE NOT INTENDED TO LIMIT THOSE WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER LAWS APPLICABLE TO THIS AGREEMENT.
16. Copyright, Trademark and Intellectual Property
All content and software (collectively “Content”) on and in the Site are the property of Valubil, affiliated companies, or property of content providers or other third parties and are used with the express permission of the copyright and/or trademark owner. The content includes without limitation, all content, logos, website text, graphics, images, video, music, sound and software code. You may not modify, publish, distribute, transmit, rent, loan, sell, create derivative works based on any of the Content, exploit any of the content in any way, either in whole or in part or incorporate any of the content in any other content or material in any form without the express written permission of Valubil or the owners of the content. It is strictly prohibited to post, copy, transmit, distribute, link, deep link or modify Valubil website without the express written permission of Valubil. You acknowledge that any violation of this policy or any unauthorized use of any of the Content is a violation of applicable local and international laws and may result in an intellectual property right infringement, including, without limitation, copyright infringement or trademark infringement and may subject you to civil and/or criminal penalties.
You may neither use Valubil’s name or logo without Valubil’s express permission nor use the names, brands, logos, or trademarks of others on the Site without the copyright owner permission.
All other trademarks displayed on the Site are the property of their respective owners, unless stated otherwise.
When you provide or submit any material to Valubil, you warrant that the owner of such material has granted Valubil the express permission to use, modify, copy, reproduce, distribute, translate or incorporate it in any other material or content in any form and you permit other users to access, view and reproduce such material for their own personal use. You shall not make available on Valubil any material that is protected by any intellectual property right, including, without limitation, trademark or copyright without the express permission of the owner of such protected material.
Valubil is not responsible for helping you to determine whether the material in question is an intellectual property or copyrighted or trademarked or a patent. It is your responsibility to do so and you shall be solely responsible and liable for any damage or claim or cost of any kind resulting from any infringement of trademarks, copyrights, or any other proprietary rights.
17. Claims of Copyright or Intellectual Property Infringement
Valubil respects the intellectual property rights of others and asks you to respect them as well. Valubil reserves the right, at its sole discretion, to disable your account if you infringe the intellectual property of others. If you believe that your trademark, copyright, patent or other intellectual property rights have been infringed by content or material on the Site, please notify us here by submitting a complaint and provide us with the following information:
- Your full name, address, email address and phone number;
- Description of the copyrighted work or other intellectual property that you claim has been infringed and its location on the Site in order to identify it;
- A statement by you that you have a good faith belief that the allegedly infringed intellectual property or copyrighted material described in your notice is not authorized by the intellectual property or copyright owner, its agent, or the law;
- A statement by you that you confirm, under penalty of perjury, that the information in your notice is true and accurate and that you are the intellectual property or copyright owner or you are authorized to act on the behalf of the owner of the intellectual property or copyright.
Valubil may terminate this Agreement at any time. Without limiting the generality of the foregoing, Valubil shall immediately terminate your account and/or password in the event of any breach by you of this Agreement or in case Valubil, in its sole discretion, finds your conduct and/or activities unlawful or inappropriate.
- In the event of the failure of either party to practice any of its rights under this Agreement; such failure shall not be deemed as a waiver of such rights or any rights provided hereunder.
- The section titles in these Terms are for convenience only and shall not have any legal effect.