User Agreement
This is a legal agreement between you, the user, and PriceYourMeal Ltd (the site owner).
- GENERAL USE PROVISIONS
This site is provided only as a venue for bidding on auctions. PriceYourMeal Ltd is not involved in the actual transaction between the parties and assumes no control or liability over any issues that may arise as a result of this transaction. PriceYourMeal Ltd acts only as agents for a series of Disclosed Principals.
- INTELLECTUAL PROPERTY
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of PriceYourMeal Ltd and/or its Third Party Providers. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of PriceYourMeal Ltd or the appropriate Third Party Provider. You may not "mirror" any materials contained on this Website on any other server or site without PriceYourMeal Ltd's prior written consent. In order to register on this site you must provide your true name and a valid email address.
- MEMBERSHIP ELIGIBILITY
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended PriceYourMeal members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian.
- USERNAME AND PASSWORD
You must choose a Username and password on completion of registration. You must choose a Username that is not offensive and does not advertise a company - any Usernames that fall into this category will be changed by PriceYourMeal.com and a new Username will be assigned to you. You are responsible for all actions taken under that Username and password and shall only use or utilise the Site using your own Username and password. You must make every effort to keep your password safe and should not disclose it to any other person. You shall not transfer your Username to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your Username or password.
- YOUR INFORMATION
DEFINITION - "Your Information" is defined as any information you provide to us or other users in relation to the PriceYourMeal service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
RESTRICTIONS - Your Information and your activities on our Site must not:
- be false, inaccurate or misleading;
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
- be false, inaccurate or misleading;
- BIDDING AND BUYING
As a buyer, you have a legal obligation to complete a transaction with PriceYourMeal Ltd if you purchase a meal through one of our fixed price formats, or if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by PriceYourMeal, unless the transaction is prohibited by law or by this User Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's and agree to complete payment of the meal within 2 days of Auction Completion. Failure to do so may result in your account being disabled. You also acknowledge that any payments made to PriceYourMeal Ltd are non-refundable.
- PAYMENT
You agree to pay for all items that you purchase by winning an item or through using the "Buy It Now" service offered on this Website within 48 hours. Failure to do so will result in the auction won being removed from your account. Repeated failure to pay for auctions you have won will result in your account being banned and may lead to your access from the site being removed. All payments made in connection with this Website are non-refundable.
- DENIAL OF SERVICE
PriceYourMeal Ltd reserves the right in its absolute discretion to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.
- USE OF E-MAIL TOOLS
PriceYourMeal and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a PriceYourMeal employee or Restaurant that has a listing on the site to your mail list (email or physical mail) without their express written consent after adequate disclosure. You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
- TERMS OF SERVICE
This comprises the entire agreement between the User and PriceYourMeal Ltd and supersedes all other agreements. By registering and participating as a user, you are indicating your consent to be bound by this agreement.
- NO WARRANTY
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- LIABILITY
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release PriceYourMeal (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
- LIMITATION OF LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
- INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
- APPLICATION LAW
This contract is governed by the Law of Scotland and the parties prorogate the jurisdiction of the Scottish Courts.