The definitions to be read with these Terms are set out in full at Clause 18.
By using the Site and any of the www.shopping.fm Services via the Site, You expressly agree to be bound by these Terms and all applicable Legislation and Codes governing the use of the Services via the Site. These Terms form a legally binding agreement between You and www.shopping.fm and applies to all www.shopping.fm Users.
You should read these Terms carefully and ensure that You understand their effect before proceeding to use the www.shopping.fm Services. If You disagree with any part of these Terms, do not use the Site for the purpose of accessing the www.shopping.fm Services. If You violate these Terms, www.shopping.fm may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
We reserve the right to modify these Terms at any time without notice. Any changes We may make to these Terms in the future will be posted on this page and, where appropriate, notified to You by e-mail or when You next use the Site to access the www.shopping.fm Services, the new Terms may be displayed on-screen and You may be required to read and accept them to continue. You agree that www.shopping.fm will treat Your use of the Site to access the www.shopping.fm Services as acceptance of the Terms herein including Your continued use subsequent to any changes.
We act as an intermediary host advertiser of a search, compare and save platform (the ‘ www.shopping.fm Platform’). We are dedicated to facilitating an exclusive online venue whereupon www.shopping.fm Visitors can browse and search products to discover the best Deals available from some of the UK’s top merchants via their online stores (‘Third Party Retailer Sites’). The Deals can be shared with family and friends using the sharing functionality provided on the www.shopping.fm Platform. www.shopping.fm is not a retailer, a distributor or an agent. We are an impartial intermediary source and compare service and We have no interest in getting You to pay more than You should.
All Deals for products advertised on the Site are owned by, or licensed to, Third Party Retailers. If You see the Deal You want on our Site, You can click on it and be transported to the relevant Third Party Retailer Site where You shall be able to purchase the product direct.
All purchases of advertised Deals take place off the Site on the Third Party Retailer Site and are subject to the Third Party Retailer Terms which will detail the respective obligations of You as the buyer and the Third Party Retailer as the seller including information in respect of refunds, cancellations, returns and exchanges as applicable.
www.shopping.fm cannot make any guarantees to You as to the quality, safety or merchantability of a product constituting the Deal which is the sole responsibility of the Third Party Retailer, or that the Deal Details are accurate in all respects and are not false nor misleading as it is Your responsibility to check the Deals independently. Before purchasing a Deal, You must satisfy Yourself as to the authenticity of the Third Party Retailer Site and the acceptability of such Third Party Retailer Terms prior to making a purchase. Consequently, You release www.shopping.fm (and our agents and employees) from all Claims and Losses (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Deal or Deal comparison promoted on the www.shopping.fm Platform and purchased by You notwithstanding the fact that You viewed the Deal and the Deal Details on the Site before being transferred to the Third Party Retailer Site complete Your purchase.
www.shopping.fm is likely to have many Deals advertised on the Site concurrently and any number of www.shopping.fm Users may choose to ‘see the Deal’;
www.shopping.fm do not check, audit, vet, monitor or control: the identity, credit worthiness or bona fides of Third Party Retailers, the security of Third Party Retailer Sites or the accuracy of the Deal Details published on the Site or the Third Party Retailer Sites in respect of the Deal; and,
www.shopping.fm is not party to any contract that may ensue as between You as a buyer and the a Third Party Retailer Site as a seller.
Accordingly, www.shopping.fm will not be liable to You in relation to any Claims or Losses arising out of any:
the non-availability of a Deal;
acts or omissions of the Third Party Retailer; or,
the Third Party Retailer Site and Third Party Retailer Terms,
all of which are at Your own sole risk.
The www.shopping.fm Services offer no advice, recommendations and endorsements in respect of hyperlinks to Third Party Retailer Sites or other third party websites or legal representation under any circumstances. Such hyperlinks are provided for Your ease of reference only and www.shopping.fm do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using these hyperlinks to other websites, You agree and understand that www.shopping.fm shall not be liable for any loss or damage that may arise from Your use of such hyperlinks.
For each Deal advertised on the Site, www.shopping.fm shall not be liable to You where such Deal is no longer available. Market prices for products can be volatile and can change on a regular basis and so too can the prices set for the Deals advertised on the Site. When Deals expire they will no longer be displayed on the Site but We cannot guarantee that our Site will always be in sync with the activities of the Third Party Retailers so a delay may be inevitable. Under no circumstances will www.shopping.fm be responsible or liable for any pricing errors, delays in implementing pricing changes or for the unavailability of Deals for any reason whatsoever.
To make optimum use of the www.shopping.fm Services to ensure that You can be kept informed about the may great Deals, You can sign up on the Site to subscribe to receiving our www.shopping.fm Product Alerts (‘Sign-Up’) whereupon You will become a www.shopping.fm Member.
You must use Your best endeavours to:
comply with all the Terms of the Licence; and,
conduct all use of the www.shopping.fm Services in compliance with the applicable Legislation and Codes.
purchase or register any trade marks, search engine keywords, AdWords, search terms or other identifying terms that include the names of www.shopping.fm or the word ‘ www.shopping.fm ’ or any similar or confusingly similar names or words or any derivative thereof.
provide the www.shopping.fm Services with all due care, skill and ability;
devote as much time to the provision of the www.shopping.fm Services as may be necessary for their proper performance;
conduct all www.shopping.fm Services in accordance with the applicable Legislation and Codes;
provide promptly and give to a www.shopping.fm User all such information as they may reasonably require in connection with the provision of the www.shopping.fm Services; and,
provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only).
www.shopping.fm tries to meet the highest standards when providing the www.shopping.fm Services via the Site. We take any Complaints We receive about this very seriously. We encourage www.shopping.fm Users to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way www.shopping.fm deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these Terms in accordance with Clause 17.
You acknowledge and agree that to improve the www.shopping.fm Services made available to You via the Site, www.shopping.fm may stop (permanently or temporarily) providing the www.shopping.fm Services (or any features within the www.shopping.fm Services) to You generally at www.shopping.fm ’s sole discretion, without prior notice to You.
www.shopping.fm shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
Unscheduled emergency maintenance may be required at any time. www.shopping.fm agrees to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
www.shopping.fm does not warrant the validity and accuracy of information on the Site including the Deal Details or the www.shopping.fm Services or that the Site is kept up-to-date. The Site and its content and the www.shopping.fm Services are delivered on an "as-is" and "as-available" basis. Due to the nature of the internet, www.shopping.fm does not represent or warrant to You that:
Your use of the Site and/ or the www.shopping.fm Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
Your use of the www.shopping.fm Services will meet Your requirements;
any information obtained or downloaded by You as a result of Your use of the www.shopping.fm Services will be accurate, reliable or free of viruses or contamination or destructive features;
there will not be any defects in the operation or functionality of any software provided to You as part of the www.shopping.fm Services; and,
those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
In accordance with Clause 3, www.shopping.fm cannot transfer legal ownership to You of a product constituting a Deal and cannot make any guarantees to a www.shopping.fm User who purchases a Deal at their own risk. For the avoidance of doubt, www.shopping.fm :
has no control over the quality, morality, safety or legality of a product constituting a Deal;
does not take ownership of any products promoted on the Site as Deals;
does not guarantee that any minimum or fixed number of Deals will be advertised via the www.shopping.fm Platform;
does not guarantee on behalf of the Third Party Retailer that the Deal Details published in respect of the products are valid and accurate and will not be responsible for any misrepresentation or inaccuracy therein;
does not guarantee that the Third Party Retailer will honour the Deal; and,
does not guarantee that interruptions of service on the Site or throughout the worldwide web will not occur during the www.shopping.fm User’s use of the Site at any time.
As a www.shopping.fm User, You warrant, represent and undertake to www.shopping.fm that:
You will comply at all times with Your obligations set out at Clause 6;
all information submitted to the Site in respect of Your identity for Your www.shopping.fm Membership is true, accurate and complete in all respects; and,
You are solely responsible for any breach of Your obligations under these Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these Terms and for the consequences of any such breach or failure.
We make no warranty and hereby further expressly disclaim any liability to You and You agree that You have no claim against www.shopping.fm in connection with any Claims asserted against, or Losses suffered by You:
due to any breach by You of these Terms or breach of warranty by You;
in respect of the matters listed at Clause 10.1;
due to the acts, omissions and conduct of any Third Party Retailer in connection with or otherwise related to Your use of the Site and the www.shopping.fm Services;
due to any errors or omissions on our Site or in relation to any reliance placed by You on any mis-descriptions, misrepresentations, inaccuracy or incompleteness in respect of the Deal Details or other www.shopping.fm Content (whether innocent, negligent or fraudulent);
due to the Third Party Retailer’s failure to perform, or delay in performance of, any of its obligations to You under the relevant Third Party Retailer Terms;
due to Your failure or inability to use the Site and the www.shopping.fm Services at any point in time, or, where the www.shopping.fm Services are unavailable at any time for any period. The same shall apply to any Third Party Retailer Site;
connected to any linked third party website or any statements, information, content, or products that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;
due to any changes which www.shopping.fm may make to the www.shopping.fm Services, or for any permanent or temporary cessation in the provision of the www.shopping.fm Services (or any features within the www.shopping.fm Services);
the deletion of, corruption of, or failure to store, any communications data maintained or transmitted by or through Your use of the www.shopping.fm Services; and,
due to any unauthorised access or loss of Personal Data that is beyond our control.
Subject to Clause 10.5, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the www.shopping.fm Services.
Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:
any liability where the law does not permit such exclusion of liability; and,
death or personal injury arising from negligence.
Subject to Clause 10.5 and except as expressly set out in these Terms, www.shopping.fm gives no warranties and excludes all other express or implied terms, conditions and warranties.
With the exception of content submitted to the Site by You, all other content and the selection and arrangement of such content on the Site constitutes ‘ www.shopping.fm Content’ and is either owned by, or licensed to, www.shopping.fm and is subject to copyright, trade mark rights, and other intellectual property rights of www.shopping.fm and licensors of www.shopping.fm . Such www.shopping.fm Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on www.shopping.fm Content not uploaded or posted by You are trade or service marks of their respective owners. Such www.shopping.fm Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of www.shopping.fm or, where applicable, the licensors of www.shopping.fm . www.shopping.fm and/ or its licensors reserve all rights not expressly granted in and to their www.shopping.fm Content.
Subject to the following express restrictions, www.shopping.fm grants You permission to access and use the Site and the www.shopping.fm Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:
not to copy the Site except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
not to sell, lease, sub-license, rent, loan, translate, merge, adapt, vary, modify, distribute or otherwise exploit the Site or www.shopping.fm Content for any other purposes without the prior written consent of www.shopping.fm or the respective licensors of the www.shopping.fm Content;
not to, reverse-engineer or create derivative works based on the whole or any part of the Site or the www.shopping.fm Services including but not limited to any www.shopping.fm Content, in any medium without www.shopping.fm ’s prior written authorisation or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by You during such activities:
is used only for the purpose of achieving inter-operability of the Site with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to the Site.
to include our copyright notice on all entire and partial copies You make on any medium;
not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
not to alter or modify any part of the Site or any of the www.shopping.fm Services or permit the Site or any of the www.shopping.fm Services or any part of the same to be combined with, or become incorporated in, any other programs or to be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
not to access www.shopping.fm Content through any technology or means other than the Site itself or such other means as www.shopping.fm may explicitly designate for this purpose;
not to access or attempt to penetrate or attempt to penetrate www.shopping.fm ’s security measures;
not use the Site or the www.shopping.fm Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms herein, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or the www.shopping.fm Services or any operating system;
not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the www.shopping.fm Services or features that (i) prevent or restrict use or copying of www.shopping.fm Content; or, (ii) enforce limitations on the use of the www.shopping.fm Services or the accessible www.shopping.fm Content;
not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
not infringe our Intellectual Property Rights or those of any third party in relation to Your use of the Site or the www.shopping.fm Services;
not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the www.shopping.fm Services, or attempt to decipher any transmissions to or from the servers running any www.shopping.fm Services; and,
not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.
These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without www.shopping.fm ’s prior written consent. www.shopping.fm reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as www.shopping.fm or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
Failure by either www.shopping.fm or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but do not affect any right or remedy that a third party has which exists or is available apart from that Act.
All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.
Codes: refers to all codes governing standards (including for these purposes ancillary guidance notes and advice) published by regulatory authorities or other industry professional bodies including but not limited to the Advertising Standards Authority, Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, the Department for Business Innovation & Skills and to be construed so as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof but specifically including the CAP Code.
Complaint: means any dissatisfaction expressed by, or any complaint made by, a www.shopping.fm User as against www.shopping.fm in connection with the provision of the www.shopping.fm Services.
Data Protection Legislation: the GDPR 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Deal(s): refers to one of the compared daily deals promoted on and accessible via the www.shopping.fm Platform.
Deal Details: refers to the details pertaining to a Deal as published on the www.shopping.fm Platform.
Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
Legislation: includes all applicable laws, Acts of Parliament (‘Acts’) and Treaties as well as Data Protection Legislation and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law in relation to the content and broadcast of Campaigns including references to any amendment, modification, consolidation or re-enactment for the time being in force.
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
www.shopping.fm Member: refers to the person who has undergone Sign-Up to subscribe to receive www.shopping.fm Product Alerts.
www.shopping.fm Membership: refers to the www.shopping.fm Membership provided to a www.shopping.fm Member who has undergone Sign-Up.
www.shopping.fm Product Alerts: refers to the email alerts that We may send to You upon request pursuant to Your Sign-Up.
www.shopping.fm Platform: refers to the online platform provided to You by www.shopping.fm via the Site.
www.shopping.fm Services: refers to those services provided by www.shopping.fm .
www.shopping.fm User: refers to the www.shopping.fm Visitor and/ or the www.shopping.fm Member pursuant to context.
www.shopping.fm Visitor(s): refers to the person who visits the Site but does not undergo Sign-Up.
Personal Data: as defined in the Data Protection Legislation.
Sign-Up: as referred to in Clause 4.1.
Site: means a website owned and operated by www.shopping.fm including www.shopping.fm which hosts the www.shopping.fm Platform.
Third Party Retailer: refers to the party who is the owner of, or licensor of, the products constituting a Deal.
Third Party Retailer Site: refers to the website of the Third Party Retailer.
Third Party Retailer Terms: refers to the trading terms governing the products advertised on the Site which are owned by, or licensed to Third Party Retailers.