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Terms and Conditions

SmartSearch.ie Terms of Use

Our services include the opportunity for you to purchase Special Deals for the products and services of our Business Partners, the provision of free classifieds for users, the provision of circular flyers and business directory. The Services and Site are collectively referred to here as “SmartSearch.ie”.

Conditional Use of Our Site and Services

Your permission to use SmartSearch is conditioned upon your agreement that you:

  • are 18 years of age or older to purchase any Deal;

  • will comply with these Terms of Service;

  • will not copy or distribute any part of SmartSearch in any medium without SmartSearch‘s prior written authorization;

  • will provide accurate information when creating an account or registering for our Services;

  • are solely responsible for your User ID and the activity that occurs while signed in to or while using SmartSearch using your User ID;

  • will not use SmartSearch to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;

  • will not use the communication systems provided by or contacts made on SmartSearch for any commercial solicitation purposes;

  • are solely responsible for your Content submissions, including classifieds, profile information and links, pictures, and other such content;

  • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize SmartSearch to use any and all Content submitted by you to SmartSearch in accordance with the licenses granted in this Agreement;

  • will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to SmartSearch; and

  • hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

To obtain access to advertise in the Classifieds section, you will need to register by creating an account with SmartSearch. If you choose to create an account or SmartSearch profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Access to the SmartSearch Classifieds is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Please notify us immediately if you become aware that your User ID is being used without authorization.

 

Security and Privacy

Information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the SmartSearch Merchant for their commercial purposes including provisioning the Deal.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy.

Any communications between you and SmartSearch, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.

 

Rules regarding information and other content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by SmartSearch), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,

  • violates the privacy, publicity, or other rights of third parties,

  • is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, pornographic, 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 SmartSearch in its sole discretion,

  • is false or inaccurate, or

  • could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

 

General rules of user conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or Services;

  • upload, distribute or print anything that may be harmful to minors;

  • attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

  • attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;

  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

  • use the Site or Services to generate unsolicited email advertisements or spam;

  • use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or

  • impersonate another user.

 

Links to other sites

We don't have control over websites that SmartSearch may link to. SmartSearch may contain links to our Business Partner's websites that are not owned, operated, or controlled by SmartSearch. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any of our Business Partner's site. By using SmartSearch you expressly relieve us from any and all liability arising from your use of any other website found through the site.

 

Deals

SmartSearch provides consumers with opportunities to purchase products and services from our Business Partners ("Merchants") with a time limited promotional added value (a "Deal").

 

1. How it works

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. We will need to collect a certain amount of information from you in order to complete the deal. This information is outlined in our Privacy Policy.

 

2. The voucher

Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero Euro (€0.00) and then against the promotional portion that is remaining.

 

3. Expiration dates

The expiration date for a Voucher is as printed on the Voucher.

If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honour the Voucher in compliance with law. If the Merchant refuses to honour the Voucher before the legally permitted expiration date, then SmartSearch will refund the paid portion of your Voucher in the form of a credit for future Deals (what we currently call “smart credit”). In order to receive the credit, you must provide the following information in writing to info@smartsearch.ie: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

 

4. Deal specific terms

Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

 

5. Global terms

Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

  • no cash value for any Voucher,

  • no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,

  • no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,

  • use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher,

  • Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,

  • Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,

  • neither SmartSearch nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,

  • duplicate use, sale or trade of a Voucher is prohibited, except as required by law,

  • unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

 

6. Merchant responsibility

The Merchant is the issuer of the Voucher. As issuer of the Voucher, the 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 Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

 

7. Promotions of the deal program

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

 

8. Products available for sale

The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. SmartSearch reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. SmartSearch does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

 

9. Refunds

SmartSearch will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

 

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Voucher.

 

Disclaimers of Warranty

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our officers, directors, agents, vendors, and merchants disclaim implied warranties that the site and serivces are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that smartsearch will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of smartsearch, including any services or deals, will be effective, reliable, and accurate or meet your requirements. We make no warranties as to privacy and security other than as expressly stated in the privacy policy. We do not guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a smartsearch representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

 

Limitations of Liability

Your sole and exclusive remedy for any dispute with us is to discontinue your use of SmartSearch. 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.

 

Indemnity

  1. You hereby agree to indemnify and keep indemnified SmartSearch its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Website, the Service, a Voucher, the Voucher Products or any breach of these Terms of Use by you.

  2. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against SmartSearch or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.

 

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you 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. “SmartSearch” is our 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. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on SmartSearch, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by SmartSearch. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to SmartSearch, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by SmartSearch is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. All deal images are shown for illustrative purposes only. We reserve all rights not expressly granted in and to the Site and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, 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 your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

 

Disclaimer

The materials contained in the Website may contain inaccuracies and typographical errors. 
SmartSearch does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. SmartSearch reserves the right in its sole discretion to correct any errors or omissions in any section of the Website.

 

Force Majeure

We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms of Use if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act.

 

Electronic Communications

The communications between you and SmartSearch use electronic means, whether you visit the Site or send us emails, or whether SmartSearch posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SmartSearch in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SmartSearch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy and any other legal notices published by SmartSearch on the Site or any Deal Voucher, shall constitute the entire agreement between you and SmartSearch concerning SmartSearch. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of SmartSearch’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of SmartSearch. No purported waiver or modification of this Agreement by SmartSearch via telephonic or email communications shall be valid.

 

Entire Agreement

These Terms of Use and our Privacy Policy, represents the entire agreement between you and us and supersedes any previous arrangement, understanding or agreement between you and us relating to the subject matter of these Terms of Use, whether oral or in writing.

You acknowledge that, by agreeing to these Terms of Use, you are not relying on any statement, representation, assurance or warranty other than as expressly set out herein.

Nothing in this Clause shall limit or exclude any liability for fraud.

 

Severability

If any provision of these Terms of Use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Jurisdiction and Applicable Law

These Terms of Use shall be governed by, and construed in accordance with, the laws of Ireland. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Ireland over any claim or matter arising under or in connection with these Terms of Use.

 

Free Credit

  • Credit can be use in 4 separate instalments of €5 each per deal
  • Credit can only be used on deals of €20 or more in value

 

Last  Updated: 10-08-12