Clearsite Internet Development Jersey

TAP4 OFFERS - TERMS OF SALE

We are KBH On-Train Media Limited, a company registered in England and Wales with registered number 3532474, whose registered office address is at Union House, 182-194 Union Street, London SE1 0LH (trading as TAP4). TAP4 is the owner and operator of this Website www.tap4offers.com

In addition to operating the Website, TAP4 sells vouchers and may also sell you products or services from this Website. To help you understand the relevant parties and legal obligations associated with using and purchasing from the TAP4 Website, please read and review the following legal documents:

TAP4 Website Terms of Use: You agree to the terms of this document whenever you use any aspect of the Website or the TAP4 services, irrespective of what you purchase from the Website (if anything).

TAP4 Voucher Terms of Sale: You agree to the terms of this document if you purchase a voucher from TAP4.

TAP4 Products or Services Terms of Sale: You agree to the terms of this document if you purchase products or services from TAP4.

1. UNDERSTANDING THESE TERMS OF SALE

1.1 Please read these Terms of Sale carefully. By making any Purchase you are agreeing to these Terms of Sale and you acknowledge that your Purchase is made subject to these Terms of Sale.

1.2 We refer to ourselves as "TAP4", "we", "us" or "our" in this document, and we refer to us and any other companies in the TAP4 group of companies as the "TAP4 Group".

1.3 This is a legal document which forms an agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us.

1.4 Some of the words used in this document which start with a capital letter have a specific meaning. The meanings of these words are set out in Section 10 (Definitions) below.

1.5 We are a company that sells Vouchers on our own behalf that can be redeemed with Merchants for the Merchant Products/Services as described on the Voucher.Section

1.6 Where we sell you a Voucher TAP4 is not a Merchant. We sell Vouchers that can be redeemed with a Merchant for specific Merchant Products/Services. In these circumstances Merchant Products/Services will always be supplied by a third party. Please see section 3 of these Terms of Sale.

1.7 Where indicated on the Website we may sell you Our Products/Services, in those circumstances you are contracting with a member of the TAP4 Group to buy Our Products/Services, for sales of Our Products/Services we accept different obligations to you. Please see section 4 of these Terms of Sale.

1.8 Changes to this Agreement: These Terms of Sale were most recently updated on 10th of March 2015. We reserve the right to amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on this Website. You will be bound only to the Terms of Sale which you agree to when you make a Purchase and not any later Terms of Sale unless you expressly consent to such new Terms of Sale.

1.9 Your legal rights: As a consumer, nothing in these Terms of Sale affects your non-excludable statutory, or legal, rights.

2. MAKING A PURCHASE –GENERAL INFORMATION

2.1 Minimum Age: In order to make a Purchase you must be 18 years of age or over. By making a Purchase you are agreeing that you are above 18 years of age.

2.2 Place of Use: Offers are directed solely at those who make a Purchase from the UK. We make no representation that any products or services on offer are available or otherwise suitable for use outside of the UK. If you choose to make a Purchase from locations outside the UK, you do so at your own risk and are responsible for the consequences and for compliance with all applicable laws.

2.3 Scope of Use: Any Purchase is for your non-commercial, personal use only (although you may give a Voucher or any of Our Products/Services that you buy from the Website to someone else for their personal use). You must never make a Purchase for business purposes without our express, written consent to do so.

3. PURCHASE OF VOUCHERS - KEY TERMS

3.1 When you Purchase a Voucher, there are several contracts relevant to your Purchase. First, there are the TAP4 Website Terms of Use. This contract governs your use of the TAP4 Website, sending administrative and marketing emails, etc. Second, there are these Terms of Sale which includes terms that apply to your contract with TAP4 to buy a Voucher which can be redeemed for Merchant Products/Services. Third, there is the contract between you and the Merchant who supplies the Merchant Products/Services upon redemption of the Voucher. This contract is formed between you and the Merchant when you apply to redeem your Voucher. TAP4 is not a party to this third contract and the supply of Merchant Products/Services has nothing to do with us. Finally, there is the contract between TAP4 and the Merchant where the Merchant commits to TAP4 to supply you with the Merchant Products/Services when you apply to redeem your Voucher with the Merchant.

3.2 In the process of purchasing a Voucher from us, you will need to confirm your acceptance of the TAP4 Website Terms of Use, Privacy Policy, and these Terms of Sale. After we have taken payment, the Purchase is only complete (and a contract for Purchase made) when we email you confirming the transaction. This email confirmation we send to you is our acceptance of your offer to buy the Voucher; and it is at this point that a contract between you and us for the supply of a Voucher is created. We keep a copy of the contract made between us and we recommend that you print out these Terms of Sale for your own records.

3.3 Right to cancel: We will make your Voucher available to you in your TAP4 account or by email or both (we refer to this as delivery). After we deliver the Voucher to you, you are legally entitled to cancel the transaction at any time within 14 days from the day after the day that your Voucher has been delivered (whether by email or in your account, whichever is earliest) - provided of course that you have not yet redeemed the Voucher. If you do want to cancel, you must do so by completing the cancellation form and sending it to us by email or by emailing us all the information requested in the attached form of cancellation, to tell us you are cancelling. All cancellation forms and emails must be sent to: hello@tap4offers.co.uk or you can send the form in writing to us (at your cost) to our address set out at the top of these Terms of Sale.

3.4 If your Voucher has expired: All Vouchers will have limited periods of validity. If your Voucher has expired you are not entitled to redeem your Voucher in exchange for the Merchant Products/Services, nor are you entitled to your money back or any refund. However, if you have been unable to redeem your Voucher within the period of validity through no fault of your own (e.g. the Merchant refused to take your redemption within the validity period) it is possible you may be able to receive a refund. This will depend on your ability to demonstrate to us to our reasonable satisfaction that your inability to redeem your Voucher was through no fault of your own. If you can establish this we may be able to provide a refund of the purchase price of the Voucher (payable back via your original method of payment); however such a refund will depend on whether you were at fault and the decision to provide a refund to you is within our sole discretion.

3.5 If the Merchant Products/Services are not what you expect based on the description before Purchase or the description on the Voucher: If you have a complaint please contact customer services at TAP4 customerservice@tap4offers.co.uk.

3.6 If we confirm to you that the description on the Website and the Voucher is correct and the Merchant is at fault or you are otherwise unsatisfied with what the Merchant provides: we will try and contact the Merchant to resolve the issue. Please note that the Merchant (and NOT TAP4) is responsible to provide the Merchant Products/Services in respect of a Voucher. If the Merchant does not honour the Voucher, you must take action against the Merchant, not TAP4. Sometimes we may offer you a refund on an ex gracia basis (payable back via your original method of payment), but again, please remember that a refund in such circumstances is within our sole discretion.

3.7 If the description on the Website and/or the Voucher is incorrect for some reason: We are not liable for errors and omissions. If we notice an error, we may contact you about amending or cancelling a Voucher. Whether we contact you or not, if the description on the Website and/or the Voucher is incorrect for some reason and you want to return your Voucher for that reason, then please let us know and we will refund the purchase price of your Voucher (payable back via your original method of payment).

3.8 Status of refunds: Any refund will be paid back to you via your original method of payment. If your original method of payment has been cancelled or expired and you have not informed us of this then it is possible you will need to coordinate with your bank or your payment services provider to obtain your refund if we have paid it back to your cancelled or expired method of payment.

3.9 Accepting and rejecting refunds: The following applies to any refund:

a. a refund is made in full and final settlement of all claims you may have against TAP4 related to or arising out of or connected to that Voucher or Our Products/Services to which your Purchase relates;
b. you have 30 days from the date you receive the refund to reject the refund; and
c. if you do not reject the refund during this time, you will be deemed to have settled all claims you may have against us and may not pursue TAP4 for any further recovery.

3.10 Responsibility for the Merchant Products/Services:

Please note that when you Purchase a Voucher it is the Merchant, and not TAP4, who:

(a) is the seller of the Merchant Products/Services;
(b) is the party who enters into a contract with the person redeeming the Voucher for the Merchant Products/Services;
(c) is solely responsible for providing you with the Merchant Products/Services for the quality and fitness for purpose of the Merchant Products/Services themselves; and
(d) is solely responsible for the redemption of any Voucher you Purchase.

3.11 Restrictions in relation to Vouchers:

a. Copying, selling, reselling or trade of a Voucher is not permitted and any attempt to carry out any of these activities will permit us to invalidate the Voucher at our discretion.
b. Vouchers redeemed with a Merchant are redeemable in their entirety only and may not be redeemed in part. In the unlikely event that you redeem the Voucher with a Merchant for less than its face value, you are not entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed.

3.12. Use with other offers: It is at the discretion of the Merchant to allow Vouchers to be used together with any other promotions, vouchers (including Vouchers), third party certificates or coupons.

3.13. Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Vouchers, Voucher reference numbers or Voucher security codes.

3.14. Expiry: Each Voucher will have its own expiry period. For redemption of your Voucher with a Merchant, the expiry date will be listed on the TAP4 offer on the Website as well as on your Voucher. This expiry date will vary depending on the Voucher you have Purchased but it will expire on the date specified on the Voucher and/or in the advertisement on the TAP4 Website. Once your Voucher has expired it is no longer valid and is not redeemable for Merchant Products/Services.

3.15. Value Added Tax: Currently the sale of Vouchers by us to you is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price of the Voucher.

3.16 Postage, Packing and other Costs: If you redeem your Voucher you may be required to pay shipping costs to the Merchant so that the Merchant can deliver your Merchant Products/Services. Any such costs may be payable directly to TAP4 on behalf of the Merchant, or directly to the Merchant. We will always let you know about such delivery costs before you Purchase a Voucher as part of the offer on the Website, as well as to whom and when you must pay those delivery costs. It is also possible that we may accept booking fees or other costs associated with redeeming your Voucher. Where we do accept such a booking fee or other cost, we do so on behalf of the Merchant and will always let you know about such fees and costs before you Purchase a Voucher.

3.17 Emails: As a condition of Purchase, we reserve the right to send you administrative emails, including information regarding your account activity and purchases, as well as updates about the Voucher you have Purchased. You can opt-out of many of these administrative emails via our subscription centre. When you Purchase a Voucher, at the point of check-out and if you have not already agreed, we will give you the opportunity to agree for us to send you promotional emails. If you agree to this, you will always be able to 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 and you can manage your subscriptions by logging into your account.

Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

4. PURCHASE OF OUR PRODUCTS/SERVICES – KEY TERMS

4.1 When you Purchase Our Products/Services there are several contracts relevant to your Purchase. First, there are the TAP4 Website Terms of Use which governs your use of the TAP4 Website, the sending of administrative and marketing emails, etc. Second, there are these Terms of Sale which include terms that apply to your contract with TAP4 to buy Our Products/Services.

4.2 In the process of purchasing Our Products/Services, you will need to confirm your acceptance of the TAP4 Website Terms of Use, Privacy Policy and these Terms of Sale.

4.3 We may acknowledge your order but this is not a confirmation or order acceptance. Only after we have taken payment is the Purchase complete when we will email you confirming the transaction. This email confirmation we send to you is our acceptance of your offer to buy Our Products/Services and it is at this point that a contract between you and us for the supply of those of Our Products/Services you have selected is created. We keep a copy of the contract made between us and we recommend that you print out these Terms of Sale for your own records.

4.4 The images of Our Products/Services on our Website are for illustrative purposes only. Although we have made every effort to display them or identify them accurately, we cannot guarantee that your computer will display them as intended. Your Purchases may vary slightly from those images but not in any material way. The packaging of the Products may vary from that shown on images on our Website.

4.5 We will contact you with details about collection or delivery of Our Products/Services (which will be within 30 days after the date on which we contact you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control (see below).

4.6 If we agree to deliver Our Products/Services and no one is available at your address to take delivery, we will leave you a note and return them to our premises, in which case, please contact us to rearrange delivery or collection.

4.7 Delivery of Our Products/Services will be completed when we leave them at the address you gave us or you or a carrier organised by you collect them from us. From that time your Purchases will be your responsibility.

4.8 You own the Purchases once we have received payment in full, including all applicable delivery charges.

4.9 If we miss the 30 day delivery/ready for collection deadline for any of Our Products/Services you Purchase from us then you may cancel your order straight away if any of the following apply:

a. we have refused to re-deliver Our Products/Services;
b. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c. you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery or collection, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

4.10 If you do choose to cancel your order for late delivery, or our failure to make Our Products/Services available for collection within the 30 days given, but your Purchases have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Purchases and their delivery.

4.11 We do not deliver to addresses outside the UK.

4.12 Some of Our Products/Services come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with these items. If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

4.13 For products which do not have a manufacturer's guarantee, we provide a warranty that on delivery they will be free from material defects. However, this warranty does not apply in the circumstances arising from:

a. fair wear and tear;
b. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
c. if you fail to operate or use the products in accordance with the user instructions;
d. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
e. where the products are made to any specification provided by you.

4.14 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

4.15 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a. we will contact you as soon as reasonably possible to notify you; and
b. our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of Our Products/Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
c. You may cancel any Purchase made by you that is affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by completing the cancellation form or by emailing us at: hello@tap4offer.co.uk or by writing to us at the address at the top of these Terms of Sale. If you opt to cancel, you will have to return (at your cost) any relevant Purchases you have already received but we will refund the price you have paid, including any standard delivery charges.

Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

5. CANCELLATIONS – RIGHTS OF CONSUMERS

5.1 If you are a consumer, you have a legal right to cancel your Purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the designated cancellation period (see below). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive (or keep) Our Product/Services, you can notify us of your decision to cancel and receive a refund.

5.2 However, this cancellation right does not apply in the case of:

(a) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; or
(b) any of Our Products/Services which become mixed inseparably with other items after their delivery; or
(c) perishable goods (being goods that cannot reasonably last for more than the requisite time period for cancellation).

5.3 Your legal right to cancel starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the contract between us is formed. Your deadline for cancelling the Purchase then depends on what you have ordered and how it is delivered, as set out in below:

Your contract
Your contract is for a single product or service (which is not delivered or supplied in instalments on separate days).
End of the cancellation period
The end date is the end of 14 days after the day on which you receive the product or service.
Example: if we provide you with a confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

or

Your contract is for either of the following:

  • one product or service which is delivered in instalments on separate days.
  • multiple products or services which are delivered on separate days.

End of the cancellation period
The end date is 14 days after the day on which you receive the last instalment of the consignment of products or the last of the separate services ordered.
Example: if we provide you with a confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.

or

Your contract
is for the regular delivery of a product or services over a set period.
End of the cancellation period
The end date is 14 days after the day on which you receive the first delivery of the products or services.
Example: if we provide you with a confirmation on 1 January in respect of products to be delivered or services to be supplied at regular intervals over a year and you receive the first delivery on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products or services anticipated during the year.

5.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. If you use this method we will e-mail you to confirm we have received your cancellation.

5.5 If you cancel your Purchase under this statutory provision we will:

a. refund you the price you paid for Our Products/Services. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery within 3-5 days at one cost but you choose to have delivery within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. Please contact us for information about how to return products to us;
(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel.

5.6 If you have returned Our Products/Services to us because they are faulty or mis-described, we will refund their price in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

5.7 We will refund you by the method used by you to pay. If you used Vouchers to pay for the product we may refund you in Vouchers.

5.8 If Our Products/Services have been delivered to you before you decide to cancel:
a. then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel. You can either send it back, or hand it to our authorised carrier. Please see our delivery note for the returns address, If we agree to collect the product from you, we will collect it from the address to which it was delivered. We will contact you to arrange a suitable time for collection;
b. unless the Product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection which we will advise you of at the time we agree collection;

5.9 Because you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms of Sale.

Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6. OUR STANDARDS OF SERVICE

6.1 We warrant that:
a. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
b. we have the right to sell Vouchers; and
c. both Our Products/Services and the Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissionsSection.

7. LIMITATION OF OUR LIABILITY TO YOU

7.1 If there is a conflict between what we say in different parts of these Terms of Sale, this Section 7 takes precedence over all other Sections. This Section sets out our entire Liability, and your sole and exclusive remedies for:
a. the performance, non-performance, purported performance or delay in performance of these Terms of Sale or any Purchase (or any part of it or them); or
b. otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale.

7.2 Nothing in these Terms of Sale shall exclude or limit our Liability for anything which cannot be excluded or limited by applicable law including liability for death and personal injury caused by our negligence, fraud, fraudulent misrepresentation and any other non-excludable legal rights you have as a consumer.

7.3 We do not warrant and we exclude all Liability in respect of Merchant Products/Services, for which Vouchers are redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which a Voucher is or may be redeemed.

7.4 Subject to Section 6.2 of these Terms of Sale, we shall have no Liability for:

a. loss of revenue;
b. loss of actual or anticipated profits;
c. loss of contracts;
d. loss of the use of money;
e. loss of anticipated savings;
f. loss of business;
g. loss of opportunity;
h. loss of goodwill;
i. loss of reputation;
j. loss of, damage to or corruption of data; and
k. indirect or consequential loss.

7.5 Apart from what we set out in Section 7.2 of these Terms of Sale (for which we have unlimited liability) and apart from what we say in Section 7.4 of these Terms of Sale (where we set out when we are never responsible and never have Liability), our total Liability to you or any third party shall not exceed, in aggregate, a sum equal to:

a. in respect of any Voucher, 115% of the price paid for that Voucher; and
b in respect of Our Products/Services the price you have paid for Our Products/Services (including any costs of delivery or return) or
c. in respect of any other loss £50.

7.6 Invalid or unenforceable parts of these Terms of Sale: The limitation of Liability under Section 7.5 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of these Terms of Sale.

8. INDEMNITY

You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from:

a) your use of a Voucher; or
b) any breach of these Terms of Sale by you.

8. GENERAL

9.1 No partnership/agency: Nothing in these Terms of Sale 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.

9.2 Exclusion of implied Terms: Except as expressly stated in these Terms of Sale, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

9.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Sale (except with our permission, which includes giving a Voucher as a gift). We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

9.4 Events Outside Our Control: We shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

9.5 Entire agreement: These Terms of Sale (and the Terms of Use and Privacy Policy) contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms of Sale except as expressly stated in these Terms of Sale. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Sale (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement.

9.6 Notices: Unless otherwise stated within these Terms of Sale, 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. Any notice we send to you will be at the address you supplied to us when you registered for your TAP4 account. You can send any notice to us at our registered office address (which we set out for you in Section 9).

9.7 Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of TAP4, its subsidiaries, any holding companies of TAP4, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. This means that unless the first sentence above applies to a given situation, we and you are the only people who can enforce these Terms of Sale.

9.8 Survival: In any event, the provisions of Sections 3, 5, 6, 7, and 9 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Sale. In the event you Purchase a Voucher again, then the provisions of the terms of sale that then apply will govern your Purchase.

9.9 Severability: If any provision of these Terms of Sale 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 these Terms of Sale shall not be affected.

9.10 Governing law: If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). The laws of England and Wales shall apply.

10. DEFINITIONS

In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

“An Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

"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 these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale) - and for the purposes of this definition, all references to "Terms of Sale" shall be deemed to include any collateral contract.

"Merchant" means a third party seller of the Merchant Products/Services described on a Voucher for which a Voucher can be redeemed. A Merchant is NOT TAP4.

"Merchant Products/Services" means goods and/or services offered by a particular Merchant which are described as part of a Voucher (and for which a Voucher can be redeemed).

“Our Products/Services” means goods and/or services sold by us directly to you via our Website.

"Purchase" means the purchase of a Voucher.

"Voucher" means a voucher which can be exchanged for Merchant Products/Services from a relevant Merchant; in all cases subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Website from which the Voucher was Purchased, as well as the Merchant’s own terms and conditions.

"Website" means the www.tap4offers.com website.

(C) TAP4offers 2010 - 2015 TAP4offers is part of KBH group. All rights reserved.