Consumer Terms of Service

Welcome to Flocktoo, this service is brought to you by Bold Communications Ltd. Flocktoo allows consumers to browse deals, offers and events both online on our website and on our mobile application which have been uploaded by Merchants through Flocktools. Users can purchase voucher style offers both on the website and mobile application.

1. Binding Agreement

The terms and conditions (“the Agreement”) set out below compose a binding agreement between Flocktoo (whom we refer to as ‘we’ or ‘us’ in this document, the parent company Bold Communications) and the Customer. (whom we refer to as “you” in this legal document and represents the person using the service or the company or organisation accessing our service on another’s behalf). These terms are for the social engagement marketing services and other related services offered by Flocktoo through Flocktoo’s Internet Properties (the Website), third party platforms (Third Party Sites) and services approved by Flocktoo (eg.Twitter, Facebook, mobile devices etc. along with any applications offering the social engagement marketing services and other services via a mobile device (each an “App”) (“Services” refer to the Website, Apps and any access through Third Party Sites)

We are Flocktoo the owner of this website. We are an Irish company registration number: 448870 with registered offices at

Bold Communications,

Station Mews, Lindsay Grove,

Crossguns Bridge,

Dublin 9,

Ireland

Please read this agreement carefully. It is an agreement between you and Flocktoo and through downloading the mobile application, browsing, accessing or using our service you are agreeing to the terms laid out below along with our privacy policy located at http://www.flocktoo.com/privacy-policy and included here by reference.

These terms create a binding legal contract between you and Flocktoo and all of these terms regulate your use of Flocktoo. You must not and are not authorized to use any portion of this service if you do not agree to these terms.

As a consumer nothing set out in this agreement affects your statutory rights.

2. Using Flocktoo

With Flocktoo Merchants (“Merchants” refer to the third party seller of goods and services) advertise products, services and events. These businesses have the opportunity to sell their products and services in real-time at discounted prices for a limited time period. Some of these as stated in each ad can be purchased online through Flocktoo while others are ads that require the customers to redeem themselves with the Merchant.

Deals can be found on the website and mobile phone application and can be texted or emailed out to you if you have subscribed to this service.

Transaction: Upon placing an order for a ‘buy now voucher’ deal (the voucher style deal option is referred to by us as the ‘buy now’ deal) you are offering to purchase this deal and comply with the terms restrictions and conditions outlined to you at the time you agree to purchase. Terms laid out in the deals overrule the terms laid out in this agreement however not in the event that law prohibits such terms. Upon placing your order and after we take payment the transaction is complete and a contract for purchase is made only when you receive a confirmation of the transaction, which represents our acceptance of the transaction. A redemption code for the deal will be sent to you by email or SMS message. In order to redeem the deal this code must be presented to the Business. The time period for which the deals remain valid is outlined in the offering however redemption codes remain valid for purchases of regular priced products or services from the applicable sellers provided you pay the difference between the regular price and the deal price.

The additional terms outlined below apply to all Deals unless otherwise stated in the Deal or required by law.

- No cash value for any Voucher or Deal;

- No refunds;

- In the event of partial redemption of the paid portion of a Deal, No cash back will be issued except as required by law;

- In the event of partial redemption of the promotional portion of a Deal; No cash back or credit will be issued.

- Deals that involve the purchase of alcoholic beverages are at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Deal;

- Unless otherwise stated on the deal, you may not combine the voucher with any other promotion.

- Deal cannot be used as tips, prior balances, shipping or handling, as applicable;

- Flocktoo nor the Merchant can be held responsible for lost or stolen Deal or Redemption Codes;

- Any deal code collected through Flocktoo is deemed void if sold, copied, exchanged, transferred or altered.

- Flocktoo is not responsible for printing or other human errors relating to deal coupons.

- Unless as required by law, duplicate use, sale or trade of a Deal code is prohibited

Flocktoo markets deals on behalf of Merchants. These sellers issue the deals and are responsible for any injuries, damages, claims, illnesses, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, and also for any unclaimed property liability arising from unredeemed or partially redeemed Deals.

When a deal has been purchased a customer obtains the right to use the redemption code as issued by the Merchant in accordance with its terms and the terms outlined in this agreement. Redemption of each deal is at the discretion and control of the consumer. Any attempted redemption of a Voucher inconsistent with this Agreement may result in a Voucher void at our (or a Merchant’s) discretion.

Merchants use Flocktoo to provide their service and occasionally require that you agree to additional terms & conditions in order to use their services including those of Third Party Sites.

3. Expiration Dates

When an expiry date applies to a voucher it will be printed on it. In the event that the law in which you are located prohibits the expiration of the paid value of the voucher according to the date printed on it the voucher shall expire as follows:

- The promotional value of the voucher will expire on the date printed.

- The paid portion of the voucher will expire five years from the date the voucher is issued, the law requires the merchant to extend the period in which the voucher may be redeemed except to the extent applicable by law.

- The Merchant is required to honour the voucher in compliance with law. In the event that the Merchant refuses to honour the voucher before the relevant expiry date Flocktoo will refund the amount the user has paid in the form of credit for future deals. Should this occur please provide the following information in writing to rescuebird@flocktoo.com

a) The Merchant whom you sought to redeem your voucher along with identification of the voucher b) details of the circumstances in which the Merchant refused to honour your voucher including the date, time, and reasons c) a true and accurate statement that the voucher has never been redeemed with the Merchant.

Emails: We reserve the right to send you administrative and promotional emails. Occasionally we may run special promotions or competitions to encourage you and get you to encourage others to purchase deals. The rules applying to these will be outlined alongside these promotions. We may also send you updates about the website and service as well as details relating to your account activity. We reserve the right to interpret these rules in our sole discretion and you herby agree to our interpretation.

4. Terms of Use of the Site & Service

In order to use Flocktoo's service users must agree with the following terms. Users:

- Comply with the terms outlined here

- Are 18 years or above in order to purchase a deal and 13 years of age or above to redeem deals. The Flocktoo service is not intended for children under the age of 13.

- Must submit authentic details during account registration you agree to promptly inform us of any changes to such information by updating the details in your account

- Are responsible for all activity carried out whilst signed in using their id.

- May not copy or circulate any part of Flocktoo in any form without prior written authorization from Bold Communications.

- May not use Flocktoo for commercial purposes by collecting personally identifiable information including account names, email addresses or other such information.

- May not use the communication system provided by our site or contacts made whilst on our site for any commercial solicitation purposes.

- Are responsible for all content submitted including deal and event content, business profile information, images, and other such content. All information disclosed declares that you own or have the necessary permission to use and authorize Flocktoo to use any content submitted by you to us in accordance with the licenses granted in this agreement.

- Permit us with a non-exclusive license to use, reproduce, distribute prepare derivative works of, display and perform any content submitted by you under this agreement.

- May not submit private or copyrighted content or content with third party proprietary rights which may include publicity or trade secret etc unless you are the owner of such rights or have the permission from their owner to submit this content to us.

- Agree that Flocktoo has the right to decide whether content submissions are appropriate and comply with these terms & conditions and may remove any and or all of your submissions with or without prior notice.

5. Non-Confidentiality, Security And Privacy

Any material you submit to the website (or otherwise to us) is submitted for the purpose of disclosure in a variety of ways by Flocktoo and as a result shall be considered non-confidential and non proprietary not subject to any confidentiality obligations subject to our obligations under data protection legislation.

Information including PayPal or credit card details provided in connection with the purchase of a Deal is treated with the appropriate privacy and security protections. You are permitting us to disclose the information you provide to us in connection with the purchase of a deal (not inclusive of your credit card details) to the Merchants for their commercial purposes.

Details on how we collect, use and disclose information that relate to your privacy are outlined in our privacy policy. The privacy policy forms part of our agreement with you and is incorporated by reference in this agreement. Full details can be found in our Privacy Policy. Any correspondence between you and Bold communications e.g. Email or other in which you offer suggestions, ideas, drawings or comments on our service will be deemed and shall remain our property which you hereby assign by way of present and future assignment all intellectual property rights in ideas to us. You acknowledge that we may use this information through both internal and external resources without limitations including comments, information, ideas for the purpose of but not limited to, developing, manufacturing, marketing products & services and creating, modifying or improving the Flocktoo application or product or service.

6. Information & Other Content Rules

Upon using our site and mobile application you have access to various details and materials known as ‘Content’. This includes information posted to the site by you. You agree that content others post must not be revised or obscured. (this includes advertising and promotions by Bold Communications). You agree not to post or use any content in a way that:

- Is illegal, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Bold Communications in its sole discretion

- Interferes with, destroys, disrupts or limits the functionality of any computer software or hardware or telecommunications equipment associated with the Flocktoo application through uploading, posting, emailing or transmitting any material that contains viruses or any other computer code files or programs.

- Interferes with the servers or networks connected to the Flocktoo application.

- Violates the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

- Infringes third party privacy, publicity, or other rights.

- Is inaccurate or false

- Could damage our company, parent company, affiliates, advertisers, or other parties

- Impersonates any other person

- You conduct yourself in a vulgar, offensive, harassing or objectional manner

Flocktoo does not promote, recommend or condone the use of our mobile application during activities such as driving where you are putting yourself at a serious risk of accident. You agree not to use the Flocktoo application during such activities.

We strive to enforce these rules among all of our users, however when using our Site or Service you may be exposed to Content that violates our policies or is otherwise offensive. You may use the Site & Service at your own risk. In the event that accounts violate or we suspect they violate the terms of this agreement we may but are not obliged to terminate users accounts and remove content from the site. We do not take responsibility for your exposure to any content on the site whether or not it violates our content policies.

Should you locate any content on Flocktoo that you find offensive or objectionable, you may report such content to Flocktoo by emailing rescuebird@flocktoo.com.

Flocktoo does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any content posted by Merchants. Any reliance you place on material or information uploaded by Merchants will be at your own risk.

7. Links To Third Party Sites

Where our website contains links to third party sites and resources provided by third parties. These are provided for your convenience and are not controlled, owned or operated by us and we do not assume responsibility for the content, privacy policies, offers or practices of such websites or those running them (including, without limitation, relating to social networking sites such as Facebook). This includes without limitation your redemption of such offers or a merchant’s refusal to honour any offer. We cannot censor or edit the content of any third party websites and if you decide to access any of these third party websites, you do so entirely at your own risk. Upon using Flocktoo you exempt us from any liability arising from your use of any third party website.

8. Charges for Use of Flocktoo Application

The Flocktoo application is currently provided to the user for download free of charge. However during the use of the application you may incur charges from your wireless or network provider. Payments of any such charges are your responsibility. Depending on whether your foreign network supports the Flocktoo application, it may not be accessible in some foreign countries. We advise that you should check with the local carrier whether you would be required to pay additional charges to have access to it. Whilst on a roaming network abroad access to the application may be restricted. We cannot guarantee that our mobile services can be accessed through all wireless devices or service plans or are available in all geographical location.

9. Termination

Without limitation to anything else, we are entitled to immediately or at any time:

a) Discontinue the site or service without prior notice.

b) Suspend your use of the service and or website

c) Suspend the service or website to persons that we believe are connected to you.

d) Terminate this agreement immediately

If i) any of the terms & conditions of this agreement are violated ii) we suspect that you have or may commit a breach of these terms or iii) we suspect that you may have committed or be committing fraud against us or any person

This means you will cease access to the site and service immediately. In the event that redemption codes have been issued prior to the termination they will be honored according to its terms and the terms of this agreement.

10. Disclaimers of Warranty

We provide the site ‘as is’ ‘with all faults’ and ‘as available’. Ourselves and our suppliers and Merchants make do not guarantee or give any warranties that the service or deals on the website are free from viruses or anything which may have a harmful effect on any technology.

The information contained on our app and website is for general information purposes only (This does not include Buy Now Vouchers which can be purchased through Flocktoo). The information from each offer has been gathered either through the company’s website or has been uploaded by the business.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, availability or suitability with respect to the third party content or the information, products or services. Any reliance you place on such information is therefore strictly at your own risk.

Flocktoo does not claim to possess copyrights, own or control any information gathered from third party websites.

To the maximum extent permitted by law we and our Directors, Officers, Agents, Vendors and Merchants disclaim implied warranties that the site or service is merchantable of satisfactory quality, accurate, timely, fit for a particular purpose or need or non- infringing. We do not claim that Flocktoo will meet your needs, is free from errors, reliable, with no interruption or available at all times. Although we will try to offer uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.

Occasionally your access to the Website and/or the Service may be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We cannot be held responsible for functionality, which is dependent on your browser or other third party software to operate (including RSS feeds). We do not guarantee that the results obtained from the use of products or services purchased through Flocktoo will be effective; meet your needs, reliable or accurate. We cannot guarantee your access or use of the site at times or locations of your choice. If you choose to access the site outside of Ireland you do so on your own initiative and are responsible for the consequences and compliance of all applicable laws. We do not make warranties regarding privacy and security apart from those expressed in the privacy policy. Advice or information whether oral or written by a Flocktoo representative may create a warranty.

We reserve the right to block access to and/or to edit or remove any material, which in our reasonable opinion may give rise to a breach of any of this Agreement. This contract cannot change the additional consumer rights you have under your local laws.

11. Limitations of Liability

The sole and exclusive remedy for any dispute with us is to discontinue your use of Flocktoo. In no event will our liability or liability of our affiliates, officers, directors, agents, vendors or merchants for any and all claims relating to he use of the service exceed the total amount of fees paid by you during the previous 1 year period for the specific service at issue.

We, our affiliates, officers, directors, agents, vendors and merchants shall not be liable for any indirect, consequential, special, incidental, exemplary damages arising from your use of inability to use or reliance on the service. These exclusions apply to any claims for: Loss of revenue, loss of actual or anticipated profits, data loss, loss of contracts, loss of reputation, loss of anticipated savings, loss of goodwill, loss of business, loss or damage to data loss of opportunity, computer failure or malfunction, work stoppage or any other commercial loses or damages despite if the possibility of such damages. where foreseeable, foreseen, known or otherwise.

In the event that any jurisdiction doesn’t allow the exclusion or limitation of liability for incidental or consequential damages our liability and liability of our directors, officers, agents, affiliates, vendors and Merchants shall be limited to the extent permitted by law.

12. Indemnity

In the event of any claims, damages, losses, obligations liabilities costs or debt and expenses (including but not limited to reasonable attorney's fees/court costs) arising indirectly or directly from: (i) your use of and access to Flocktoo application or website; or (ii) your violation of any term of this Agreement. You consent to defend, indemnify and hold harmless Bold Communications, its parent company, officers, directors, employees and agents, from and against any and all.

Reservation of Rights and Release:

In the event that disputes occur between you and our Merchants, Bold Communications reserves the right, but has no obligation, to monitor, or take any action we deem appropriate.

You release us from any liability or claims in relation to any deals and claims related to Merchant’s conduct to the extent the law permits.

13. Intellectual Property

We and our licensors hold ownership of all intellectual property rights related to the mobile application, website and service. This includes trademarks, applicable copyrights, patents, service marks, trade names, domains, designs (also including the “look and feel” along with other visual elements) and other proprietary rights whether registered or unregistered in the website or service. Any database we operate, all text and graphics, software, photos, videos, sound and music remain our property. You shall not attempt to obtain any title to any such intellectual property rights. Flocktoo gives the limited right to users to use the mobile application, site and service in accordance with this agreement however are not granting any license to you under any of those property rights by virtue of this agreement “Flocktoo” is our trademark. Without limitation this means you may not export, sell, license, copy, modify, distribute, transmit, reverse engineer the Flocktoo application or website without Flocktoo’s prior express written permission. Any unauthorized use of the Flocktoo application or website will terminate this right Any other company or product names mentioned on the site may be trademarks of their owners.

We reserve all rights that are not expressly granted to you in this Agreement. Bold Communications owns the content on the site (not including intellectual property of other sites obtained by API and linking and content posted by Merchants). Included without limitation is: the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein. These are owned or licensed to Bold Communications, subject to copyright and other intellectual property rights under Irish law, the law of the jurisdiction where you reside, and international conventions.

Content provided by Bold Communications cannot be used, reproduced, republished, duplicated, downloaded, distributed, modified, transmitted, sold, displayed, licensed or otherwise exploited in any means unless we have issued you with written permission. However, you can retrieve and display the content of the Website on a computer screen, print one copy of it for your own personal, non-commercial use store it in electronic form on disk (not on a server or other storage device connected to a network), provided you keep intact all and any copyright and proprietary notices. Content provided is for your information and personal use only. We reserve all rights not expressly granted in and to the Site and Service.

14. Copyright Notice

We abide by the intellectual property rights of others and ask you to do the same. In the event that you are a copyright owner and discover that our site or service infringes upon your rights we ask you to submit a notification according to the Copyright and Related Rights Act, 2000. Please provide our copyright Agent with the following written information in writing:

(1) A signature on behalf of the owner of the copyright, which has allegedly been infringed. (Physical or electronic)

(2) Details of the copyrighted work that has allegedly been infringed. In the event that multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3) Details of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to allow the service provider to locate the material.

(4) Contact details sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address.

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at help@flocktoo.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

15. Electronic Communications

Notices for the attention of either party will be communicated though electronic methods. For the purpose of this contract you (a) agree to receive communications from us electronically; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Bold Communications may also send you electronic communications or notices promoting their similar services.

This forgoing does not affect your statutory rights.

Any legal notices including the entire agreement, changes to this agreement and these terms and conditions, together with the Privacy Policy published by Bold Communications on the site or through the service or any deal, shall constitute the entire agreement between you and Bold Communication concerning Flocktoo. We reserve the right to amend these terms and conditions at any time and they will be posted online with any modifications becoming effective immediately. It is therefore your sole responsibility to check the Site from time to time to view any such changes in the Agreement. In the event that you do not agree with any changes to the agreement you must cease use of the Site and Service. Through continuing using the site and service you are indicating that you are in agreement of these modifications. Any changes to this agreement of our rights will not be valid unless it’s in a written agreement containing a signature from the Director of Bold Communications. Any changes to this agreement made by Bold Communications via telephonic or email communications shall not be valid.

16. Choice of Law, Location for Resolving Disputes, Contact Information

This agreement is between you and Bold Communications Limited. The laws of Ireland govern the Interpretation of this agreement irrespective of whether disputes arising in connection with it have conflicting legal principles. Therefore any dispute or claim between you and Bold Communications arising from this agreement shall be dealt with by a court of competent jurisdiction located in Dublin, Ireland and both parties hereby agree to the exclusive jurisdiction of the courts of Ireland.

17. General Terms

You and Bold Communications are independent contractors and nothing stated in this agreement shall be construed to create a partnership or employment relationship or agency is formed by this agreement. There are no third-party beneficiaries of this Agreement. Your rights and obligations under this agreement may not be assigned to a third party without our prior written consent and any attempt to do so will be invalid. If any part of this agreement is deemed invalid or is unenforceable, the invalid portion will be construed consistent with applicable law and the remaining provisions will not be affected. Any provision of this Agreement we fail to enforce will not be deemed a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. In a case where a cause of action arises out of or is related to Flocktoo, it must commence within 1 year after the action occurs. Otherwise such causes of action are barred permanently. You agree that you are legally able to accept these terms and conditions. You confirm that you are either 18 years of age or older, or have legal parental or guardian consent and are fully competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as previously stated we you agree that you are 13 years of age or older. If this is not the case it is essential that you cease the use of Flocktoo. The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating there to be drawn up in the English language.

These terms were most recently updated on 13th of August 2012.