"DealDey" provides an interactive online service operated by DealDey Services Ventures (herein referred to as "DealDey") on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by DealDey, affiliates of DealDey and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DealDey, and DealDey shall not be responsible for any data lost while transmitting information on the Internet. While it is DealDey's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DealDey, access to the Site may be interrupted, suspended or terminated from time to time. DealDey shall have the right at any time to change or discontinue any aspect or feature of DealDey, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, DealDey may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. DealDey shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of DealDey, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Everything located on or in this Site, including the Microsites, is the exclusive property of DealDey, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEALDEY IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of DealDey protected by copyright as a collective work under the Federal Republic of Nigeria and foreign copyright laws. DealDey owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of DealDey and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with DealDey shall not be deemed to be in the public domain but rather the exclusive property of DealDey, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of DealDey, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. DealDey does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted DealDey the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants DealDey the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of DealDey, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If End User or any user of this site believes its copyright, trademark or other property rights have been infringed by content on the Site, End User or other user should send notification to DealDey's Designated Agent (as identified below) immediately. To be effective, the notification must include:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Nigerian Copyright Office for adjudication.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER DEALDEY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT DEALDEY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL DEALDEY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DEALDEY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
DEALDEY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DEALDEY. MOREOVER, DEALDEY RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DEALDEY, DEEMS UNSUITABLE.
DealDey shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by DealDey, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DealDey shall have the right to remove any material that DealDey, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Site, End User shall be deemed to have granted to DealDey a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless DealDey, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.
DealDey may terminate this Agreement at any time. Without limiting the foregoing, DealDey shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which DealDey, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
Unless otherwise indicated, all trademarks appearing on DealDey are the property of their respective owners.
DealDey, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, DealDey has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of DealDey. Neither DealDey nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with DealDey. DealDey neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on DealDey by anyone other than authorized DealDey employee spokespersons while acting in official capacities. Under no circumstances will DealDey be liable for any loss or damage caused by an end user's reliance on information obtained through DealDey. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through DealDey.
DealDey contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by DealDey of the contents on such third-party sites and DealDey hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with DealDey expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. DealDey reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for DealDey established by DealDey constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside those where we maintain a legal entity, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
DealDey's headquarters are in Lagos, Nigeria. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the Federal Republic of Nigeria (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Lagos, Nigeria under the applicable rules of arbitration.
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The DealDey you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not DealDey, is the seller of the goods and services and is solely responsible for redeeming any DealDey you purchase. DealDey sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
For this section, Restaurant shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of DealDey vouchers.
All vouchers printed from the DealDey website or any website associated with DealDey (hereinafter "Vouchers") are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of DealDey and the participating Restaurant or merchant. The Merchant is the seller of the goods or services which you are purchasing.
Adherence to the specific limitations on the quantity of DealDey vouchers that can be purchased and used by one person is the responsibility of the individual. In the event that you try to redeem more DealDey vouchers than permitted in the specific deal terms, the Merchant is within their rights to refuse redemption without compensation or refund. DealDey is also within their rights to refuse requests for compensation or refund for DealDey vouchers bought in contravention to the specific deal terms.
DealDey Credits ("credits") means the credits that may be bought for use on the site through credit card, PayPal (or other payment methods which DealDey may make available on the Site from time to time). By providing the ability for you to buy credits for use on deldey.com, DealDey.com is selling a product called Credits which are only issued once payment for these credits is received. All sales and purchases of credits on the Site are final. You acknowledge and agree that DealDey will hold your credits at your own risk.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective country in which you purchased your DealDey voucher, and in which you wish to redeem your DealDey voucher at the Merchant, the Merchant is responsible for allowing you to redeem your DealDey voucher for the cash value based on the money you actually paid for your DealDey voucher (i.e. if you paid N2000 for a DealDey which gives you N5000 of value to the Merchant, the cash value that you paid is N2000, not N5000), for a period of time that may extend beyond the expiration date on the DealDey voucher. While the expiration date on the DealDey voucher dictates the last date that you can use your DealDey voucher at the Merchant for the promotional offer which is stated on the DealDey voucher, national laws (which vary country-by-country, and which are generally made available by each Country on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your DealDey voucher for a period of time beyond the expiration date stated on the DealDey voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of DealDey, as DealDey is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.