Terms of use

October 2018

1. Introduction

1.1 - The Vaboo website and functionality is brought to you by Vaboo Limited (“Vaboo”, “us”, “we” or “our”). Our registered office is Avaland House, London Road, Hemel Hempstead, Hertfordshire, United Kingdom, HP3 9SD and our company registration number is 09521467.

1.2 - Please read these Terms of Use (“Terms”) carefully. They set out the basis on which we are allowing you to access and use:

(a) our website (vaboo.co.uk);
(b) any Vaboo Parent (client) account; or
(c) any Vaboo Child (user) account,
the “Website(s)” and the services and discount offers made available through our Websites (the “Vaboo Services”).

1.3 - In addition to these Terms, your use of the certain parts of Vaboo Services may be subject to other terms and conditions that will be notified to you from time to time.

1.4 - We want to provide you with an excellent user experience when you use the Vaboo Services. If you have any questions or queries about the Vaboo Services or these Terms we would be delighted to help. Please contact us by using the details at the end of these Terms.

2. Acceptance of our terms

2.1 - By using the Vaboo Services, you accept and agree to be bound by these Terms. If you do not accept these Terms you must not use the Vaboo Services.

3. Our right to amend these terms

3.1 - We reserve the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Vaboo Services, our technology, our licensing arrangements, relevant laws and/or regulatory requirements.

3.2 - If we do change these Terms, we will post the changes on this page and will indicate the effective date at the top. We may also communicate changes to you by email (where we have this information).

3.3 - You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Vaboo Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Vaboo Services.

4. Your access and use of the Vaboo Services

4.1 - Access to the Vaboo Services is permitted on a temporary basis and we reserve the right to withdraw or amend the Vaboo Services without notice.

4.2 - You are responsible for making all arrangements necessary to access the Vaboo Services. You are also responsible for ensuring that all persons accessing the Vaboo Services through your internet connection are aware of these Terms.

4.3 - You must not:

(a) interfere with, or disrupt, the Vaboo Services or any servers or networks connected to the Vaboo Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Vaboo Services is rendered or displayed in a user’s browser or device;
(b) access the Vaboo Services via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(c) attempt to restrict another user of the Vaboo Services from using or enjoying the Vaboo Services and you must not encourage or facilitate the breach of these Terms by others;
(d) use the Vaboo Services for any illegal or unauthorised purpose; or
(e) change, modify, adapt or alter the Vaboo Services or change, modify or alter another website so as to inaccurately imply an association with the Vaboo Services or with us.

5. Availability of the Vaboo Services

5.1 - You acknowledge that the Vaboo Services is provided “AS IS” and we cannot guarantee that the Vaboo Services will:

(a) stay the same (as we might change the Vaboo Services or remove it altogether);
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate, reliable or up-to-date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

5.2 - You also acknowledge that we cannot guarantee the performance or security of the Vaboo Services. In particular, we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to the Vaboo Services to the fullest extent permissible by law.

6. Your privacy and cookies

The privacy of your personal data is important to us. Please see our Privacy Policy and Cookie Policy for details of how we will process your personal data and how we use cookies and similar technologies.

7. Content available through the Vaboo Services

7.1 - Access – Your access to any images, information, data and other content displayed on the Vaboo Services (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms.

7.2 - Restriction on use - You must not:

(a) use, or cause others to use, any automated system or software to extract Content from the Vaboo Services except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;
(b) use the Content for any illegal or unauthorised purpose;
(c)use, reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Content in any way for your commercial gain. 'Commercial gain' may include any activity attracting any advertising revenue or subscription payments on distribution of or access to our content, or by reducing the need for any third party to subscribe to view our Content directly; or
(d) use Content in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using Vaboo Services or any Content in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency;

7.3 - Modification. You acknowledge that we may add, remove or otherwise modify Content at any time without notice.

7.4 - Non-reliance. Content made available through the Vaboo Services is for general information purposes only and is not intended to meet your particular requirements.

8. Intellectual property in the Vaboo Services and the Content

8.1 - The design of the Vaboo Services, the Content and all software contained within the Vaboo Services are protected by copyright, trade marks, patents and other intellectual property rights and laws.

8.2 - Neither the design of the Vaboo Services nor the Content may be copied, recorded, reproduced, transmitted, stored, sold or distributed without our prior written consent except as otherwise permitted in these Terms.

8.3 - Further, you must not:

(a) remove the copyright or trade mark notice or other proprietary notice contained in the the Vaboo Service and/or Content; or
(b) use any Content in any manner that may infringe any of our rights or the rights of a third party.

9. Linking to our website

9.1 - We will permit you to link to the home page of the Vaboo Services provided you comply with the following:

(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation;
(b) you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted; and
(c) you do not link to any other page of the Vaboo Services other than the home page.

9.2 - We reserve our right to withdraw our permission to link in section 9.1 at any time without notice.

9.3 - You may not frame or embed any page or part of a page of the Vaboo Services or the Content on any third party website without our prior written consent.

10. If you breach these terms

10.1 - If you do not follow, or we suspect you are not following, these Terms then we may take any/all of the following actions:

(a) issue a warning to you;
(b) ban you, either temporarily or permanently, from accessing the Vaboo Services;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.

10.2 - The responses described above at section 10.1 are not limited and we may take any other actions we reasonably deem appropriate.

Termination

We have the right to terminate your access to the Vaboo Services at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Vaboo Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Vaboo Services.

12. Warranties, disclaimer and limitation on liability

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABYITY TO YOU AND YOUR LIABILTY TO US:

Warranties

12.1 - We will endeavour to provide the Vaboo Services and publish Content with reasonable skill and care will use reasonable efforts to promptly remedy any fault of which we are aware.

12.2 - Other than as expressly set out in section 12.1, the Vaboo Services is provided without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Third Party Content Disclaimer

12.3 - The Vaboo Services may contain Content, the intellectual property rights in which belong to a third party (“Third Party Content”). We give no warranties, representations or undertakings in respect of any Third Party Content that are made available on the Vaboo Services or in relation to the good or services offered by any third party.

Our liability to you

12.4 - We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:

there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
the loss or damage is not a reasonably foreseeable result of any breach of these Terms.

12.5 - You agree you will have no claim against us, in respect of any decision to remove the Vaboo Services or any decision to suspend or terminate your access to the Vaboo Services.

12.6 - In the absence of any negligence or other breach of duty by us, the use by you of the Vaboo Services is entirely at your risk.

12.7 - Nothing in these Terms shall affect your statutory rights as a consumer.

Your liability to us

12.8 - You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.

12.9 - Nothing in this section 12 shall have the effect of excluding or limiting our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

13. Links to third party websites

The Vaboo Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.

14. Severence

If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.

15. Third party rights

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

16. Governing law

16.1 - These Terms and the use of the Vaboo Services generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

16.2 - Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.

17. Price and Payment

17.1 - Our service fees are set out on the Site. You must pay the applicable service fees in order to receive the Services. Payment may be made by following the instructions on the Site. You can check the status of your current membership and payment status at any time by referring to your account settings.

17.2 - You must pay for all Services in advance in cleared funds. We accept payment through our payment processing service provider Stripe Payments Europe, Ltd (“Stripe”). The collection and processing by this provider of your credit or debit card details and other personal data are governed by its terms and conditions. Seehttps://stripe.com/gb/checkout/legal for more information.

18. Contact Us

18.1 - If you have any suggestions for improvements or additions that you would like to see on the Vaboo Services, please:

(a) send an email to us here; or
(b) tweet us at @vaboorewards; or
(c) facebook us here; or
(d) calling us on +44 3450 523 957.

18.2 - Should you have a more formal enquiry or complaint about the Vaboo Services (including any Content), you should contact our customer services team at info@vaboo.co.uk and we will try to answer your enquiry or resolve any complaint as soon as possible.