For Isle of Man based Customers the Consumer Protection (Amendment) Act 2016 – Isle of Man
say that you have a 14 day right to change your mind and get a full refund on the purchase of a Voucher. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. Refunds will be made using the same method as the original payment. You may email us on email@example.com. Alternatively, you may use this form here if you wish, but you do not have to.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit https://www.citizensadvice.im/ or call (01624) 813466
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
About us and these Terms
1. In these Terms of Sale and Use:
- “we”, “us” or “our” means IM Local Ltd.
- “you” or “your” means the person who has purchased a Voucher.
- “Our Site” means our website at https://www.isleofmanlocal.im/ (including any subpages) and any mobile app owned and operated by us.
- “Services” means the services which are described as part of a Voucher (and for which a Voucher can be redeemed).
- “Service Provider” means the third party from who you purchase the Services from .
- “Voucher” means an instrument purchased through Our Site and which can be exchanged for Services from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of Our Site from which the voucher was purchased.
2. Please read these Terms carefully and make sure that you understand them before purchasing a Voucher. Please note that by purchasing a Voucher you agree to be bound by these Terms. If you do not agree to these Terms, you must not purchase a Voucher from us.
3. We are a limited company registered in The Isle of Man (134072C), and our address for correspondence is: 3 Hughenden Terace, May Hill, Ramsey, Isle of Man, IM8 2HH
4. We provide Our Site to sell you Vouchers for Services. These Terms govern the sale of the Vouchers and are entered into between you and us. No other third party shall have any obligations regarding the sale of Vouchers. However, we do not have any responsibility or liability for the purchase of the Services using the Voucher or the provision of the Services. The Service provider will be fully responsible to you for the provision of the Services subject to any terms and conditions of the Service Provider which are made available on Our Site for each applicable Service.
Changes to these Terms
1. We reserve the right, from time to time, to change these Terms at our sole discretion. The Terms that are applicable to your purchase will be the version that is displayed on Our Site at the time you purchase the applicable Voucher.
2. We may amend these Terms at any time by: (i) posting the amended terms on Our Site, which you can access by logging into your account once you have set one up, or (ii) emailing or sending you a push notification to notify you of the change. Your use of Our Site or the purchase of any Vouchers after changes to the Terms have been made means that you agree to be bound by such changes.
Using Our Site
2. To purchase a Voucher through Our Site you will need to register with us and set up an account. Setting up an account allows us to provide you with easy access to print your Voucher, view your past purchases, store any credit for you and modify your preferences. It also means you don’t need to re enter your information every time you make a purchase. See section 12 below on how we process your personal data. All Vouchers will be purchased through your account.
You may only set up an account on Our Site or purchase a Voucher if:
1. you adhere to the Terms;
- you only use Our Site for your own personal use; and
- you are at least 18 years old.
2. You shall:
- keep your password for your account safe and not share your login details with any other person or allow your login to be disclosed to any other person;
- notify us promptly if you become aware of any unauthorised access to your account;
- keep your contact details and information about you on your account up to date and accurate at all times;
- not maliciously transmit or upload any material containing viruses, trojan horses, worms, spyware, adware or any other harmful computer code or program; and
- not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
3. You acknowledge and agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses Our Site and/or purchases a Voucher from Our Site using your account.
4. We reserve the right to withdraw or suspend access to your account or Our Site, or to close your account, at any time for any reason. We would usually only do this if we considered that you were mis-using or disrupting others use of Our Site
5. We cannot guarantee that Our Site will always be available or that Our Site is free from viruses, trojan horses, worms, spyware, adware or any other harmful computer code or programs. Sometimes there are errors which affect the availability of Our Site or which require us to undertake maintenance work.
6. Any images or promotional materials on Our Site are for illustrative purposes only.
7. You may access Our Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine Our Site, via scraping, spidering or otherwise.
Purchasing and using a Voucher
1. Purchasing a Voucher
- All Vouchers advertised on Our Site are subject to availability.
- We use all reasonable efforts to ensure any information on Our Site is accurate and complete. However, mistakes can be made and we are not liable for errors or omissions on Our Site, including if a Voucher is listed at the wrong price or is shown as available but has sold out.
- We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher or information on Our Site from time to time.
2. Using a Voucher
Unless expressly stated otherwise with regards to the applicable Voucher:
- the Voucher can only be redeemed once;
- the Voucher can only be redeemed with the applicable Service Provider;
- the Voucher is valid for one person only;
- you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Service Provider;
- the use of the Voucher will be subject to any additional terms and conditions displayed on Our Site in relation to the applicable Voucher. Such restrictions may include restrictions on when the Services can be received.
3. In order to redeem a Voucher you must present it to the Service Provider before the expiry date stated on the Voucher or the terms applicable to the use of the Voucher. If you do not redeem the Voucher before the relevant expiry date, the Voucher will expire automatically and cannot be redeemed anymore.3. Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use). The commercial trade of a Voucher is prohibited. The reproduction of a Voucher is prohibited.
4. Your Voucher is solely your responsibility. Neither us or the Service Provider are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
5. Any attempt to redeem a Voucher contrary to these Terms may render a Voucher void at our discretion.
Cancellation and refunds
1. You have a statutory right to return your Voucher without giving any reason within 14 days from the day on which you purchase the Voucher, providing you have not redeemed the Voucher against a purchase of Services.
2. After the 14 day cancellation period you cannot get a refund for the Voucher.
3. In the event that a Service Provider cannot provide the Services for any reason, we will notify you as soon as possible and we will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.
4. To return the Voucher or cancel your purchase, including notifying us of any problems with your Voucher, you can either:
- contact us at firstname.lastname@example.org;
- use the cancellation form available here.
5. Any refund will be refunded to you via your original payment method.
Matters beyond our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control, as defined below.
2. Similarly a Service provider may not be able to provide the Services due to an Event Outside Our Control, for which we have no liability.
3. 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.
4. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms or affects the Service Providers ability to provide the Services for which the Voucher was purchased:
- we will notify you as soon as reasonably possible; and
- we will offer you either a new voucher with comparable benefits (if available) or provide you with a full refund for the Voucher.
Complaints about the Services
1. If you are not happy with the Services you receive using a Voucher you should contact the Service Provider directly. We are only responsible for the sale of the Voucher and have no responsibility or liability regarding the actual provision of the Services.
Price and Payment
1. The price of a Voucher will be as quoted on Our Site from time to time.
2. The prices of a Vouchers may change from time to time even in respect of the same Services, but changes will not affect any order which we have confirmed with you in a written confirmation email.
3. The price of a Voucher includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Voucher in full before the change in VAT takes effect.
4. Payment for all Vouchers will be due in advance in accordance with any payment terms displayed on Our Site.
5. On behalf of the Service Provider, we may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
Intellectual property rights
1. We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it including without limit all information and content on Our Site or accessed as part of purchasing a Voucher, any database operated by us, all Our Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. We grant you a limited, personal, non-transferable, nonexclusive, revocable license to access and use Our Site pursuant to these Terms.
3. None of the material listed in Clause 9.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of Our Site on a computer screen.
4. Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
5. You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy or download any part of Our Site you will be in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Our Site and material on Our Site contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
1. The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. We do not in any way exclude our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation.
3. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
4. We only supply the Vouchers for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. We are not liable for the quality, safety or performance of the Services by the Service Provider.
6. We are not liable for any breach of an obligation under these Terms where we are unable to carry out our obligations due to an Event Outside Our Control as further described in Clause 6.
How we use your personal information
Jurisdiction and applicable law
1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
2. These Terms 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) shall be governed by and construed in accordance with the law of England and Wales.
Suspension and termination
1. We reserve the right to suspend or end the provision of an account or the purchase of any Vouchers from Our Site and/or terminate these Terms immediately if you breach any provision of these Terms or mis-use Our Site in any way. We will normally give you an opportunity to put matters right within a reasonable time but we are not obliged to do so.
Your concerns or complaints
1. If you have any concerns or complaints about material which appears on Our Site or about any Vouchers made available through Our Site, please contact us by email at email@example.com or follow the contact us link on Our Site.
Other important terms
1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree this with you in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.