Terms and Conditions of Service
Section 1. The Service
1.1. Startups Network LLP (“Startups” or “we”, “our” or “us”), operates www.startups.com website (the “Site”), through which Startups offers a service (the “Service”) which connects buyers of services and goods (“Buyers” “you” or “User”) with sellers of services and goods (“Merchants”). Merchants provide Startups with certain promotional offers (each an “Offer”), usually offering a discount. Startups makes these Offers available through the Site. When a Buyer agree to purchase the good or service promoted in the Offer, the Merchant is bound to fulfill it. Startups delivers a “Promo Code” (“Promo Code”) and the Buyer shall register at the Merchant´s website and may redeem the Promo Code for the applicable service or good, in accordance with the terms and conditions provided at the Promo Code.
1.2. This Agreement sets forth the terms and conditions that apply to the use of this Site by a Buyer.
1.3. Startups reserves the right to modify or discontinue any feature or aspect of the Site or the Service at anytime and to change the Terms governing your use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Startups shall not be liable for any modification and/or amendment made to the Site and/or the Terms and Conditions. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. Any Promo Code issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Promo Code.
Section 2. Terms
2.1. Buyers need to read the applicable terms of the relevant Offer. Each Offer has its own restrictions and/or limitations. For example, Offers may provide geographical restrictions, within which the Promo Codes may be used. Similarly, Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. Startups will use reasonable efforts to make any restrictions and/or limitations known to you when Startups post the Offer. You will not be able to redeem any Promo Code in violation of the restrictions governing the Offer.
2.2. Startups does not knowingly collect any information from persons under the age of 13. In the event Startups determines that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, you need your parent’s permission before using the Site and the Service. Some Offers may be subject to further age limitations.
2.3. Startups is an intermediary and agent of the Merchant, and merely sells promotional Prome Codes on behalf of the Merchant. Startups exclusively sells the Promo Code, being the Merchant the seller of the products and/or services contained in the Promo Code.
2.4. If the User would like a refund of the amount paid for the Promo Code for the Merchant´s goods or services, the User may contact Startups within thirty (30) days as from the date of the publication of the Promo Code and Startups would refund such amount..
2.5. Startups shall not be liable for any problem or inconvenient caused by the use of the goods and services or for any claim arising out of or relating to the products and services provided by Merchant, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages (i.e. if the goods or service does not achieve a standard quality, or if the goods or services may affect the health of the Buyer or consumer, etc.).
2.6. In no event shall our liability, or the liability of our affiliates, officers, directors, agents, vendors, or merchants, for any and all claims relating to the use of the site and services exceed the total amount paid for the Promo Code by the Buyer.
2.7. Startups will determine Buyer’s compliance with these Terms in its sole discretion. Startups reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind.
Section 3. User Information and Account Security
3.1. The User needs to register by creating an account with Startups. In such respect, the User may be required to provide personal information as part of the registration process, or as part of the User´s continued use of the Site and the Service. The User that creates an account with Startups agrees to provide only accurate, complete registration information, and that the User will keep that information up-to-date if it changes. Once the User registers with Startups, the User will obtain unique log-in credentials (a “User ID”).
3.2. The User is responsible for maintaining the confidentiality of passwords associated with the User´s Account and is solely responsible for all activities that occur by any user logged in using the User´s account credentials. In the event the User becomes aware of any unauthorized use of the User´s password or of the User´s account, the User shall notify Startups immediately at help.startups.com.
3.3. Startups will generally communicate with its Users by electronic means, such as email. The User gives consent that all agreements, notices, disclosures and other communications that Startups provides to the User electronically satisfy any legal requirement that such communications be in writing.
Section 4. Acceptable Use and Links to Third Party Sites
4.1. User shall not use this Site or the Service for any unlawful purpose. Strictly prohibited actions include, but are not limited to, transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates, misappropriates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from Startups, or (v) that inhibits other Users from using or enjoying the Site.
Section 5. Intellectual Property
5.1. Startups, its affiliated companies, partners, or content suppliers have a license to use all content and software on the Site. This includes, but is not limited to, all text, images, graphics, logos, and software code. The User may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless the User receives specific permission to do so in a separate written agreement from Startups or the owners of the content. Unauthorized use of any content displayed by Startups may constitute a violation of international copyright laws.
5.2. The User acknowledges and agrees that Startups has a license to use all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. Startups does not grant any license to the User under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. We have a license to use “Startups” as a trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. Startups reserves all rights that are not expressly granted to the User in this Agreement.
5.3. The User retains any intellectual property rights in any copyrighted materials and trademarks that are contained on the material that the User posts to the Site. The User grants Startups an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of the User´s intellectual property rights related to the content in any manner Startups choose.
Section 6. Copyright Notice
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Startups´ copyright agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Startups' agent for notice of claims of copyright or other intellectual property infringement can be reached at help.startups.com.
Section 7. Disclaimers of Warranty.
7.2. Startups does not warrant that your activities in connection with or use of the Site or the service is lawful in any particular jurisdiction and, in any event, Startups specifically disclaims such warranties to the fullest extent permitted by law. By using the Site or the service, you act at your own risk, and you represent and warrant that your access and activities are lawful in every jurisdiction where you access or use the Site or the services, or the offers and Promo Code made available on or accessed through the Site. Further, Startups and its subsidiaries and affiliates disclaim, to the fullest extent permitted by law, any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title, as well as implied warranties arising out of the course of dealing or performance.
7.3. Where any jurisdictions limit or do not allow the disclaimer of implied or other warranties as set forth above, the disclaimer will not apply to the extent limited by the applicable law of such jurisdiction.
Section 8. Limitations of Liability
8.1.Your sole and exclusive remedy for any dispute with us is to discontinue your use of Startups. In no event shall our liability, or the liability of our affiliates, officers, directors, agents, vendors, or merchants, for any and all claims relating to the use of the site and services exceed the total amount of fees that you paid us during the previous one-year period for the specific service at issue. We, our affiliates, officers, directors, agents, vendors, and merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants, shall be limited to the extent permitted by law.
8.2. You recognize and confirm that if you incur any damages, losses or injuries that arise out of Startups´ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the site or the service.
Section 9. Indemnity
You agree to defend, indemnify and hold harmless Startups, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Startups; (ii) your violation of any term of these Terms and Conditions of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Service and your use of Startups.
Section 10. Reservation of Rights and Release
Startups reserves the right, but has no obligation, to monitor, or take any action Startups deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants.
Section 11. Assignment
Startups may at any time transfer or assign this Agreement in the event Startups is acquired by, or mergers into, a third party and/or an affiliate or subsidiary of Startups, or in the event Startups undergo any other form of reorganization.
Section 12. Choice of Law - Jurisdiction
12.1. These Terms and Conditions of Service and the interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the City of London.
12.2. The User is solely responsible for compliance with applicable laws, rules, and regulations in connection with the User´s use of the Site and Service.
Section 13. Entire Agreement