Terms of Use

1. Introduction

1. Pamper IE is a trading name of Bite a Bargain Ltd (registration number 500968) a company registered in Ireland with registered office 71 Ranelagh, Ranelagh, Dublin 6 (and we refer to ourselves as "Pamper.ie", "we" or "us" or "our" in this document).

2. If you want to ask us anything about these Terms and Conditions of Use or have any comments or complaints about our website, please contact us via the Contact Page.

3. These Terms and Conditions of Use set out the basis on which you visit and use our website and purchase vouchers. Please read them carefully as they contain important information. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website.

4. We reserve the right to revise these Terms and Conditions of Use at any time by amending this page. You should check this page from time to time to ensure that you are happy with any changes, as they are binding on you. Your continued use of our website indicates your continued agreement to the current terms of our policy. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.

2. Interpretation

1. Definitions - The following terms when used in these Terms and Conditions of Use or any document referred to herein shall have the following meaning:

"Activation of the Deal" means the Deal activates (or becomes unconditional), payments will be processed and the Vouchers which are issued become capable of being redeemed by the Customer from the Merchants;

"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by parliament, government or any competent court or authority in relation to the subject matter of these Terms of Use;

"Business Days" means a day (other than Saturday, Sunday or public holiday in Ireland) when banks in Dublin are open for business;

"Customer" means you, being any person who Purchases a Voucher or the person in possession of the Voucher from time to time;

"Deal" means an offer to invite reservations for Vouchers redeemable against Voucher Products of the Merchant to users of the Website at a discount price in accordance with any terms as may be stipulated on the face of the Voucher and/or on the Website at the time of promotion of the Deal;

"Merchant" means the third party supplier of goods and/or services who has agreed to accept presentation of the Voucher as full or part payment for the obligation to provide the Voucher Products;

"Microsite" means any auxiliary website supplementary to the Website;

"Payment Details" means the electronic payment details validly entered by you on the Website upon reservation of a Voucher;

"Purchase" means the purchase of a Voucher on the Website in accordance with these Terms of Use;

"Service" means all or any of the services provided by Pamper.ie through the Website (or via other electronic or other communication from Pamper.ie) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase);

"Terms of Use" means these terms and conditions of use, as amended from time to time;

"Voucher" means a voucher issued by us to you on behalf of the Merchant, which entitles the Customer to redeem specified Voucher Products from a specified Merchant in accordance with the terms of the Deal;

"Voucher Products" means goods and/or services which are described or referred to within the terms of the Voucher;

"Website" means www.pamper.ie website and any other websites or Microsite, generated by the Company through which Customers are invited to make reservations for Vouchers; and "You" or "you" or "Your" or "your" means the Customer.

2. Construction - In these Terms of Use, the following rules apply:

(a) Any reference to any provision of any legislation shall include any modification re- enactment or extension thereof.

(b) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(c) A reference to a party includes its personal representatives, successors or permitted assigns.

(d) Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(e) A reference to "writing" or "written" includes faxes and e-mails.

3. Scope of these Terms of Use

1. Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in these Terms of Use.

2. As a consumer, nothing in these Terms of Use affects your statutory rights.

3. Unless otherwise specified on the face of the Voucher and/or the Website at the time of the promotion of the Deal, the Service and the Vouchers on this Website are directed solely at those who access this Website from the Republic of Ireland. We make no representation that the Service and/or any Voucher Products referred to on this Website are appropriate for use, or available, in other locations outside the Republic of Ireland. Those who choose to access this Website from other countries are responsible for compliance with Applicable Laws if and to the extent local laws are applicable.

4. The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes.

4. The Service

1. We provide the Service in order to enable you to Purchase Vouchers advertised on our Website at discount prices.

2. We act as sales agent to each of the Merchants advertising Vouchers through Deals on the Website.

3. If you Purchase Vouchers on this Website, the Merchant and not Pamper.ie is:

(a) the seller of the Voucher Products;
(b) solely responsible for redeeming any Voucher you Purchase; and
(c) solely responsible for supplying the Voucher Products to you in accordance with the description provided on the Voucher and for the Voucher Products themselves.

4. To use the Service and make a Purchase you must be 18 years of age or over.

5. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

5. The Vouchers

1. All Vouchers are promotional vouchers that are offered for Purchase at a discount price and are subject to any terms, restrictions and conditions associated with the respective Deal.

2. For verification purposes each Voucher shall bear a sequential number and a security number.

3. All Vouchers shall contain a redemption period on the face of the Voucher and/or on the Website at the time of the promotion of the Deal, during which time the Customer can redeem the Voucher for the Voucher Products at the discount price.

6. The Transaction

1. If you choose to reserve a Voucher advertised on the Website you will need to complete the necessary steps as per the instructions set out on the Website. On entering your Payment Details, you authorise us to charge you for the cost of the Deal, but this does not constitute any obligation on our part to sell you a Voucher or Voucher Product.

2. Should Activation of the Deal occur, we will process your Payment Details submitted to us upon reservation of the Voucher. A contract for purchase of the Voucher Products shall only be made between you and the Merchant when we email you confirming the Purchase has completed.

3. By making a Purchase, you acknowledge that the Purchase is made subject to these Terms of Use.

4. Subject to the terms of the respective Deal and subject always to the Activation of the Deal and entry of valid Payment Details we will:

(a) email the Voucher to you at the email address which you provided to us upon reservation of the Voucher; or
(b) make the Voucher available for download by you; or

5. We shall retain details of the Purchase. We shall not retain your Payment Details.

7. Redemption of the Vouchers

1. Upon Activation of the Deal, the Voucher shall be redeemable by you from the Merchant for the specified Voucher Products during the redemption period specified on the Voucher.

2. The Merchant shall honour its obligation to provide Voucher Products upon the presentation of the Voucher by you, other than in the event of fraud or where that redemption would breach Applicable Laws.

3. The restrictions, if any, in relation to the combination of redemption of the Voucher with any other promotions, vouchers, third party certificates, coupons or other conditions shall be at the discretion of the Merchant and shall be set out on the face of the Voucher and/or on the Website in accordance with the terms advertised in relation to the respective Deal.

4. Where your Voucher has reached or is past the redemption period set out at the time of the promotion of the Deal, it shall be deemed to have expired. Expired Vouchers are deemed to be void and the Merchant is under no obligation to provide you with any goods or services in respect of your Voucher. Pamper.ie will not refund Vouchers which have expired.

8. Your Rights

1. Refunds/Cooling Off Period

(a) Subject always to the provisions of clause 8.1(c), once you receive confirmation of your Purchase, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 7 days from the day on which you receive the confirmation (the "Cooling Off Period") provided you have not already redeemed the Voucher.

(b) If you wish to cancel your Purchase during the Cooling Offer Period, you must notify us via the Contact Page.

(c) You shall not be entitled to cancel your Purchase during the Cooling Off Period if the voucher has been redeemed or partially redeemed before the end of the cancellation period referred to at clause 8.1(a) and/or before you notify us of your intent to cancel your Purchase during the Cooling Offer Period.

(d) After the 7 day Cooling Off Period set out in clause 8.1(a), we do not provide refunds.

2. Complaints

(a) If, after redemption of the Voucher, you are not satisfied with any aspect of the Voucher Product you may request a refund, provided that:

1. Such request if made within 5 Business Days of redemption of the Voucher (or such other reasonable time period as determined by Pamper.ie in their sole discretion);
2. Any such request is in writing and sent via the Contact Page, outlining the date of redemption, a description of the Voucher Product and details of the complaint; and
3. The complaint was addressed to the Merchant as a point of first recourse.

(b) In order to make a complaint please contact us via the Contact Page. We will be pleased to help and explain the complaints procedure in more detail.

(c) We shall reserve the right, in our sole discretion, to approve or deny any such refund request in accordance with Applicable Laws.

3. Redemption Refusal

(a) If, upon presentation of the Voucher the Merchant refuses to supply some or all of the Voucher Products in accordance with the terms of the Deal, you may request a refund.

(b) In order to request a refund arising from the refusal by the Merchant to redeem the Voucher in accordance with the terms of the Deal please contact us via the Contact Page outlining your experience with the Merchant and providing the reasons for the refusal, if any reason was given.

(c) We shall reserve the right, in our sole discretion, to approve or deny any such refund request in accordance with Applicable Laws.

4. Lost/Stolen Vouchers

Neither we nor the Merchant are responsible for lost or stolen Vouchers. You should treat the Voucher and the Voucher security number as if it were cash. No replacement Voucher can be issued in respect of lost or stolen Vouchers.

9. Your Obligations

1. Pamper.ie sells Vouchers via the Website that can be redeemed for Voucher Products from a Merchant. You must provide a valid e-mail address in order to purchase a Voucher and a valid email in order to make a Purchase from the Website.

2. You warrant that all information (including Payment Details) provided to us in order to Purchase a Voucher is true, complete and accurate.

3. You agree that you will abide by the terms of the Deal and the terms and conditions of the Merchant in respect of any Vouchers which you choose to Purchase.

4. You warrant that you are legally entitled to Purchase a Voucher and be doing so, you acknowledge that you have read, accepted and understood the terms attaching to the Deal.

5. It is your responsibility to ensure that the Voucher Products which will be made available by the Merchant on redemption of a Voucher meet your specific requirements before you reserve and Purchase a Voucher.

6. The following uses of the Website, the Services and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

(a) resell the Voucher;
(b) furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
(c) entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
(d) using the Service or Website (or any relevant functionality of either of them) in breach of these Terms of Use;
(e) engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
(f) engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

10. Our Obligations

1. We shall make available to you the Service as specified at clause 4 of these Terms of Use and as further described on the Website.

2. The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, the Customer will require internet connectivity and appropriate telecommunications links.

3. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. However, we will use all reasonable endeavours to correct any errors or omissions on the Website as soon as practicable after being notified of them. We do not guarantee that the Service or the Website will be free of faults (or that the Vouchers will be free of error) and we do not accept liability for any errors or omissions.

4. We do not warrant that the use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, securely, in a timely manner or at all.

5. We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.

6. We will use all reasonable endeavours to allow uninterrupted access to the Service and the Website; however, access to the Service and the Website may be suspended, restricted or terminated at any time.

7. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time.

8. We assume no responsibility for functionality which is dependent on the Merchant or Customer's browser or other third party software to operate.

9. We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

10. We do not warrant that the Voucher Products will be fit for purpose or free of defects

11. We do not warrant that the terms and conditions of the Voucher will be listed in their entirety on either the Voucher or the Website - Customers should always refer to both.

11. Suspension and Termination

1. If you use (or anyone other than you, with your permission uses) the Website or a Voucher in contravention of these Terms of Use, we may suspend your use of Website (in whole or in part) and/or a Voucher. We may also refuse to process any future transactions on your account

2. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms of Use.

3. We shall be entitled immediately or at any time (in whole or in part) to: i) suspend your use of the Website; ii) suspend the use of Website for persons we believe to be connected (in whatever manner) to you; and/or iii) terminate the agreement made pursuant to these Terms of Use immediately if you commit any fraud against us or any other person or otherwise commit any breach of these Terms of Use.

4. Notwithstanding anything else in this Clause 11, we may terminate the agreement made pursuant to these Terms of Use at any time.

5. Our right to terminate the agreement made pursuant to these Terms of Use shall not prejudice any other right or remedy or action which we deem to be appropriate.

12. Indemnity

1. You hereby agree to indemnify and keep indemnified Pamper.ie its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Website, the Service, a Voucher, the Voucher Products or any breach of these Terms of Use by you.

2. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pamper.ie or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.

13. Limitation of Liability

1. Pamper.ie shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to our Service. Under no conditions and in no event shall Pamper.ie be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Pamper.ie except as required by law.

2. Although rigorous protocols are applied to the Website Pamper.ie does not make any warranty that the Website is free from infection by viruses or anything else that has contaminating properties.

3. Pamper.ie does not accept any liability for any losses or claims arising from any inability to access the Website.

4. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

14. Disclaimer

1. The materials contained in the Website may contain inaccuracies and typographical errors.

Pamper.ie does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pamper.ie reserves the right in its sole discretion to correct any errors or omissions in any section of the Website.

15. Viruses, Hacking and Other Offences

1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

2. By breaching this provision, you would commit a criminal offence. 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 Website will cease immediately.

3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

16. Links from Our Website

1. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Dealings with Merchants

1. Your correspondence or dealings with, or participation with Merchants found on our Website are solely between you and such Merchant. You agree that Pamper.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such Merchants on the Website.

18. Intellectual Property

1. You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Website (hereinafter referred to as "Intellectual Property") are solely owned by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property.

2. All other trademarks, product names and company logos cited herein are the property of their respective owners.

3. All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Pamper.ie. These do not include logos and graphics which are the property of the Merchants and/or any other third parties. All rights are reserved.

19. Data Protection

1. Please see our privacy policy which forms part of these Terms of Use.

20. Force Majeure

1. We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms of Use if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

21. Waiver

1. A waiver of any right under these Terms of Use is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

2. Unless specifically provided otherwise, rights arising under these Terms of Use are cumulative and do not exclude rights provided by law.

22. Notice

Unless otherwise stated within these Terms of Use, 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 proceedings) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office which is available at the contact us page of the Website.

1. No Partnership or Joint Venture

Nothing in these Terms of Use shall be construed as forming a partnership or joint venture with you. No third party company will have the right or ability to create any obligation on our behalf.

2. No Other Terms

Except as expressly stated in these Terms of Use, 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.

3. Assignment

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use.

4. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.

23. Entire Agreement

1. These Terms of Use and our privacy policy, represents the entire agreement between you and us and supersedes any previous arrangement, understanding or agreement between you and us relating to the subject matter of these Terms of Use, whether oral or in writing.

2. You acknowledge that, by agreeing to these Terms of Use, you are not relying on any statement, representation, assurance or warranty other than as expressly set out herein.

3. Nothing in this Clause shall limit or exclude any liability for fraud.

24. Severability

1. If any provision of these Terms of Use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25 Jurisdiction and Applicable Law

1. These Terms of Use shall be governed by, and construed in accordance with, the laws of Ireland. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Ireland over any claim or matter arising under or in connection with these Terms of Use.