Terms and Conditions
1. These Terms and Conditions
1.1 What these Terms and Conditions cover.
These are the terms and conditions on which we supply the Service and Vouchers to you. We reserve the right to change these Terms and Conditions from time to time without prior notice. By continuing to use the Website, you will be deemed to accept such change.
1.2 Why you should read them.
Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide the Service and Vouchers to you, how you and we may end the contract, how we may change the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
1.3 Who is eligible to use the Service?
You are only eligible to use the Service if:
You are an individual over 18 years of age;
Your order for a Voucher is made from an address in either Jersey or Guernsey; and
You are using the Service only for your personal use (not for use in connection with a trade, business, craft or profession).
2. Information about us and how to contact us
2.1 Who we are.
We are O&A Limited a company registered in Jersey. Our company registration number is 122067 and our registered office is at Le Tours Villa La Grande Route De St Clement St Clement Jersey JE2 6QQ.
2.2 How to contact us.
You can contact us by telephoning our customer service team at +44 7700 349963, by email to firstname.lastname@example.org, or by writing to us at our registered office address.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us when you register with us.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
3. Registering with us
3.1 You must register with us on our Website www.outandabout.je before you can purchase a Voucher.
3.2 By registering you confirm you are eligible to use the Service and that you accept these Terms and Conditions.
3.3 During registration you will be asked for certain personal information so that an account can be created for you, which will be for your sole use.
You warrant that all information provided on registration is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account. Only one registration per person is allowed.
3.4 If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person.
You must not
(a) impersonate or try to impersonate another person;
(b) disclose your password to anyone else;
(c) allow anyone else to use your account; or
(d) use anyone else’s account.
3.5 You are responsible for everything done using your account.
If you suspect someone else may have access to, or be using, your password or account, you must inform us as soon as possible by contacting us at email@example.com.
4. Our Website / Service
4.1 Our Website displays goods and / or services (Voucher Products) available from the Supplier which is advertising them.
We do not provide those goods and / or services.
4.2 The contract between you and us is for the purchase of a Voucher.
The Voucher you purchase from us can be exchanged for the goods and / or services from the relevant Supplier subject to these Terms and Conditions and the Fine Print (the Fine Print is explained later in these Terms and Conditions).
5. Our Contract with You
5.1 How you can order a Voucher from us.
Once you have registered with us, the Service enables you to use the Order Pages on the Website to make an offer to purchase a Voucher from us. The Voucher you order corresponds to the Voucher Product offered by the relevant Supplier displayed on the Order Page.
5.2 When you must pay and how you must pay.
We accept payment with Visa, Visa Debit, VISA Electron, Mastercard, Debit Mastercard, American Express, Diners, and Discover. You must pay us using the Service at the time you make an offer to purchase a Voucher from us. By making the payment you also consent to us passing your payment details to our payment processing provider. After placing a Voucher order with us you may receive an email receipt from us or our payment processor confirming that we have received your order. Please note that such a receipt does not mean that your order has been accepted even if we have processed your payment, as your order constitutes an offer to us to buy a Voucher.
5.3 How we will accept your Voucher order.
Our acceptance of your Voucher order will take place when we email you to accept it, at which point a contract (the Voucher Contract) will come into existence between you and us.
5.4 If we cannot accept your Voucher order.
If we are unable to accept your Voucher order, we will inform you of this in writing and will return your Payment. This might be because the Voucher Product is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of the Voucher or Voucher Product.
5.5 Your Voucher code.
We will assign a unique redemption code to your Voucher and tell you what it is when we accept your order. It will help us if you can tell us the Voucher code whenever you contact us about your order. The Voucher will set out:
(a) the relevant Supplier’s details;
(b) details of the Voucher Product (i.e. the goods and/or services relating to that Voucher offered by the Supplier);
(c) details of how to redeem the Voucher with the Supplier;
(d) the Fine Print.
6. Your Contract with the Supplier
6.1 You make a contract with Out and About - to purchase a Voucher from us.
6.2 You (or, if you purchase a Voucher as a gift for another person, that other person) will make a separate contract with the Supplier – when you (or the person you gift the Voucher to) redeem the Voucher with the Supplier named on the Voucher and, in return, the Supplier provides the goods and / or services constituting the Voucher Product.
6.3 Accordingly, the Supplier is solely responsible for:
(a) providing the goods and / or services constituting the Voucher Product;
(b) the Voucher Product itself.
That is not a responsibility or liability of Out and About.
6.4 The Voucher identifies to the Supplier that you have paid for the Voucher which corresponds to the Supplier’s Voucher Product.
It is solely the Supplier named on the Voucher which is responsible for redeeming the Voucher and fulfilling the contract you (or a person you gift the Voucher to) make with that Supplier for provision of the Supplier’s Voucher Product. That is not a responsibility or liability of Out and About.
6.5 If you have any query or complaint in relation to the Voucher Product or the Supplier’s provision of the Voucher Product you should contact the Supplier direct.
7. The Fine Print
7.1 Voucher Products are subject to their own terms and conditions – known as the Fine Print (see clause 26 (Definitions) for an explanation of what the Fine Print is).
7.2 The Fine Print relating to a Voucher Product will be available on the Order Page and on the Voucher.
7.3 By placing an order for a Voucher on the Website you warrant that you have read and agree to and will abide by the Fine Print, and that you will ensure that anyone redeeming a Voucher with a Supplier also reads, agrees to and abides by the Fine Print.
7.4 It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements (or the specific requirements of any person you gift the Voucher to).
8. Redeeming a Voucher
8.1 The Supplier named on the Voucher is solely responsible for redeeming your Voucher.
That is not a responsibility or liability of Out and About.
8.2 You will be required to present the Voucher Code to the Supplier, and you may be required to present the Voucher to the Supplier or alternatively to send it to the Supplier.
Any such requirements will be set out in the Fine Print.
8.3 Vouchers can only be redeemed in their entirety and may not be redeemed in part and / or in instalments.
9.1 Once a Voucher has been issued it cannot be exchanged or refunded.
Note: this does not affect your statutory rights.
9.2 You may cancel a Voucher Contract at any time within 7 days from and after the day you first received the Voucher by email from us, provided that the Voucher has not already expired or been redeemed.
To cancel a Voucher Contract contact us at firstname.lastname@example.org.
9.3 If you cancel during this period, you will receive a full refund of the price paid for the Voucher (payable within 14 days of cancellation by the same method originally used by you to pay for your purchase).
9.4 To exercise the right to cancel a Voucher Contract, you must inform us of your decision to cancel by emailing us at email@example.com.
10. Voucher Price
10.1 Where to find the price for the Voucher.
The price of the Voucher (which will include GST, if applicable) will be the price indicated on the Order Page when you placed your Voucher order. We take all reasonable care to ensure that the price of the Voucher advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the Voucher you order.
10.2 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Vouchers listed on the Website may be incorrectly priced. We are under no obligation to issue any Voucher to you at the incorrect (lower) price. If we accept and process your Voucher order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Voucher Contract and refund you any sums you have paid for the Voucher (and no Supplier shall be obliged to accept any such issued Voucher).
10.3 Unless otherwise specified, the prices for a Voucher shown on an Order Page will be inclusive of GST, (if GST is applicable), at the rate applicable on the day of purchase of the Voucher.
11. Lost or Stolen Vouchers
Neither we nor the Supplier are responsible or liable for lost or stolen Vouchers.
12. Expiry of Vouchers
Every Voucher will specify an Expiry Date. The Expiry Date is the date after which the Voucher is invalid and no longer redeemable with the Supplier. If your Voucher has expired you are not entitled to any refund, either from us or the Supplier.
13. No Reproduction / Onward Sale
13.1 Reproduction, sale, re-sale or trade of a Voucher is prohibited and we reserve the right to deem any Voucher invalid, at our discretion, if we believe that this provision has not been complied with.
14. Description of Goods and Services
14.1 We reserve the right to change, modify, substitute, suspend or remove any information relating to the Service, or a Voucher advertised on our Website, without notice.
14.2 Descriptions of the Voucher Products on the Order Page are only indicative, and the images on our Website are for illustrative purposes.
They do not form part of either your Voucher Contract with us, or your contract with the Supplier relating to provision of the goods and / or services constituting the Voucher Product (the terms and conditions on which a Supplier provides a Voucher Product – the Supplier’s terms and conditions - are set out in, and / or available by link within, the Fine Print relating to that Voucher Product, a link to which is included on the relevant Order Page). We are not responsible or liable for the description of a Voucher Product either on the Order Page (which description is provided by the relevant Supplier) or any third party website.
15. Our Service
Out and About warrants that it has the right to provide the Service and to sell Vouchers and will use reasonable skill and care in performing any obligation under these Terms and Conditions.
16. Our Liability
16.1 This clause takes precedence over all other provisions of these Terms and Conditions and sets out our entire liability.
16.2 Subject to clause 16.5 below:
(a) our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the Voucher you purchased; and
(b) to the maximum permissible extent under applicable law, we will not be liable for any unforeseeable loss, loss of income or revenue, loss of business, loss of profits, loss of reputation, loss of opportunity, loss of data, loss of anticipated savings, or indirect, special or consequential loss.
16.3 We are not responsible or liable for the Voucher Products.
The Supplier is solely responsible and liable to you for all Voucher Products and / or any goods and / or services which the Supplier provides to you.
16.4 Except as expressly stated in these Terms and Conditions all warranties, conditions, and other terms, whether express or implied, by statute, common law or otherwise are excluded to the fullest extent permitted by law.
16.5 Nothing in these Terms and Conditions is intended to limit or exclude any liability for death or personal injury arising from negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.
17.1 You shall indemnify us against any and all loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or made or threatened to be brought or made by any person arising from your use of the Service or the Website, the use of a Voucher, or any breach by you of these Terms and Conditions.
18. Access to our Service and Website
18.1 From time to time we may restrict or suspend access to all or some parts of the Service and / or the Website.
We shall not be liable if for any reason the Service and / or the Website is unavailable at any time or for any period.
18.2 The Website relies in part on software to work.
Software has bugs. Though we monitor the Website and try to fix bugs promptly, we do not guarantee that the Website will be error free and / or free from viruses or anything else which may have a harmful effect on technology.
We retain the right to suspend or terminate without notice your use of the Service and the Website with immediate effect if you breach any of these Terms and Conditions, or if you have used (or have permitted use of) the Service and / or the Website inappropriately or in a manner adversely affecting the use of the Service and / or the Website by others. Our respective accrued rights, remedies, obligations and liabilities as at termination shall not be affected.
20. Third party content and links
20.1 We are not liable or responsible for the third party content on the Website or our newsletter.
Third party content includes, for example, display advertising.
20.2 Where the Website or our newsletter contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk.
We are not liable or responsible for the content of third party sites or resources.
21. Data Protection and privacy
22. If there is a problem with the Service
22.1 How to tell us about problems.
If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team at 0044 7700349963 or email us at firstname.lastname@example.org or write to us at Le Tours Villa La Grande Route De St Clement St Clement Jersey JE2 6QQ.
22.2 If you have any query or complaint in relation to the Voucher Product or the Supplier’s provision of the Voucher Product you should contact the Supplier direct.
23. Events Outside Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
24. Intellectual Property Rights
24.1 We are the owner or licensee of all intellectual property rights in the Website our newsletter and the material published on them.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
24.2 You may print and download extracts from the Website for personal non-commercial use on the following basis:
(a) no documents or related graphics are modified in any way;
(b) no graphics are used separately from accompanying text; and
(c) no copyright or trade mark notices are removed.
24.3 You agree not to:
(a) use the Website for commercial purposes without obtaining our prior written agreement;
(b) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Website or our newsletter except as permitted above.
25. Other Important Terms
25.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
25.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
25.3 Nobody else has any rights under this contract.
The Voucher Contract (our contract with you on these Terms and Conditions) is between you and us. No other person shall have any rights to enforce any of these Terms and Conditions. Neither of us will need to get the agreement of any other person in order to end the Voucher Contract or make any changes to these Terms and Conditions.
25.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
25.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking the Voucher Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25.6 Which laws apply to this contract and where you may bring legal proceedings.
These Terms and Conditions are governed by the laws of the Island of Jersey. Any dispute or claim arising out of or in connection with the Voucher Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Island of Jersey and the courts of Jersey shall have exclusive jurisdiction to settle any such dispute or claim.
26.1 In these Terms and Conditions:
- Expiry Date: means the date specified on a Voucher after which the Voucher is invalid and no longer redeemable.
- Fine Print: means the terms and conditions relating to the supply of the Voucher Product and redemption of the Voucher relating to that Voucher Product as set out in the Order Page under the heading “Fine Print”, including but not limited to the Supplier’s terms and conditions.
newsletter: means the newsletter and business directory published by Out and About via the Website and / or social media.
- Out and About: O&A Limited (Out and About is the registered business name of O&A Limited).
- Order Page: means the page on the Website which outlines details of the Supplier and the Voucher Product offered by that Supplier.
- Service: means the services provided by Out and About via its Website and other communications including email and its newsletter.
- Supplier: means a third party seller of goods and / or services constituting Voucher Products.
- Supplier’s terms & conditions: means the terms and conditions issued by the Supplier in relation to its supply of Voucher Products.
- Voucher: means a voucher which may be redeemed with a particular Supplier in exchange for the Voucher Product offered by that Supplier corresponding to that voucher.
- Voucher Contract: the contract formed between you and us on these Terms and Conditions when a Voucher Code is issued to you for redemption at a Supplier.
- Voucher Products: the goods and / or services which are offered by a Supplier as identified on a Voucher, and for which the Voucher can be redeemed.
- Website: the www.outandabout.je website