Explorify – Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Welcome to Explorify. We are committed to helping people find the best places, events, vouchers and special offers in throughout Cornwall. Before you get started, please read and agree to these Terms of Service. Thank you.

Acceptance of Terms of Service

By using Explorify’s services ( “we” “us” “Explorify”), you accept and agree to be bound by these Terms of Service. Explorify Ltd or an official representative of the company may at any time modify these Terms of Service. You can review the most current version of it by clicking on the “Terms and Conditions” link located on the Explorify website, Explorify.co.uk. The most current version will supersede all previous versions. By continuing to use the Explorify website or any of our services, you agree to be bound by such changes.

Access to and use of the Explorify website (the ‘Website’) and any geographical variations is provided by Explorify Ltd to you (the ‘User’) subject to the following Terms and Conditions (the ‘Terms and Conditions’). In using this site the User indicates his agreement to be bound by these Terms and Conditions. In agreeing to be bound by the Terms and Conditions, the User agrees to be bound by the Terms and Conditions of the other documents referred to and incorporated into these Terms and Conditions, and the expression ‘Terms and Conditions’ shall be deemed to include these other materials.

Changes to the website

The User acknowledges and accepts that Explorify may from time to time alter any aspect of the Website, or any of the services or products provided through the Website, as it thinks fit and without notice to the User. Further, Explorify Ltd may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

Disclaimer

The contents of the Website (the ‘Contents’) are provided to the User by way of general background information only. The User should not rely on the accuracy of any part of the Contents, including any offers or vouchers or similar. All prices mentioned were supplied by the operators and to the best of our knowledge are correct. Explorify reserves the right to amend prices from time to time.

The User accepts and acknowledges that Explorify Ltd, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User’s downloading, use or consumption of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.

Hypertext links

The Website and its Contents may incorporate links to the websites and services of third parties. Such links are provided for the User’s convenience only, and their provision does not constitute an authorisation by Explorify Ltd to the User to access such third-party websites, nor an endorsement of the content of such third party websites by Explorify Ltd.

The User acknowledges and accepts that Explorify Ltd is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.

Your Conduct

By using our website and services you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Explorify Ltd. You also agree not to interfere with the servers or networks connected to the Explorify Ltd website or to violate any of the procedures, policies or regulations of networks connected to the Explorify website(s), the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using Explorify’s services; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Explorify’s services; (3) use Explorify’s services for any unlawful purpose; or (4) resell or export the software associated with Explorify’s services.

Explorify Ltd does not promote, recommend or condone use of the Explorify website(s) during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Explorify application during such activities.

Termination

Explorify Ltd reserves the right to terminate forthwith, or to refuse to permit, the use of the Website by any User, whether commercial or otherwise, at any time and at Explorify’s absolute discretion. Explorify retains the right to edit or remove any adverts, promotions or similar on our website(s) and related services without warning or compensation. It is under the sole and absolute discretion of Explorify Ltd.

Privacy

Any information that you submit or we collect when you are using Explorify’s services is subject to the Explorify Privacy Policy, the terms of which are incorporated into these Terms of Service.

Electronic Communications

By using Explorify’s services, you consent to receiving electronic communications and notices from Explorify Ltd and our partners. Explorify may send you electronic and physical communications and notices promoting our services or third-party services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Intellectual Property

Explorify Ltd is the sole owner of the Explorify website(s), which includes any software, applications, domains, and content made available through it, unless provided by a third party. Explorify Ltd is protected by United Kingdom and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Explorify grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit any part of Explorify Ltd’s service or website without Explorify Ltd’s prior express written permission. Any unauthorized use of the Explorify’s website or services will terminate the limited license granted by us. Explorify and its graphics, logos, icons, service names and geographical variations are registered and unregistered trademarks or trade dress of Explorify Ltd. They may not be used without Explorify’s prior express written permission. All other trademarks not owned by Explorify that appear in connection with our websites are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Explorify Ltd.

Third Party Offers

The Explorify website(s) may contain links to third party web sites or programs that are not controlled by or affiliated with Explorify. Explorify is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant’s refusal to honour any offer. Your dealings with third party sites are solely between you and the applicable third party.

Whilst Explorify Ltd has processes in place to ensure each Merchant conforms to high standards, Explorify Ltd accepts no responsibility or liability for any information posted by Merchants on Explorify or any loss, damage or injury sustained at an event or through the purchase of a voucher or ticket. To report any issues regarding a Merchant please email support@explorify.co.uk.

Vouchers

Vouchers printed from this Site are promotional vouchers that may be purchased from Merchants through Explorify Cornwall to be used in exchange for goods and services. By placing an order for a Voucher you make an offer to purchase the Vouchers you have selected on the terms and conditions stated. You are required to create an account in order to purchase any Voucher through the site.
The Voucher you purchase is redeemable for goods or services by the Merchant. The Merchant, not Explorify Ltd, is the provider of the goods or services of the Voucher and responsible for redeeming any Voucher you purchase.
All Vouchers shall be subject to the terms and conditions of Explorify and the participating Merchant. The Merchant are the providers of the goods or services which you are purchasing, not Explorify Ltd. 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, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Explorify from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally. Nothing within these terms waives your rights under card scheme rules in relation to Chargebacks.

The Voucher may be subject to further terms and limitations made clear on the Voucher and subject to the further terms and conditions of the Merchant. Vouchers expire on the date specified on the Voucher.
The Merchant nor Explorify Ltd take responsibility for lost or stolen Vouchers or Voucher reference numbers used to make a redemption with a Merchant. It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, or offers. Vouchers purchased for a Merchant who offers food and beverage are subject to the applicable laws for the sale, provision and redemption of alcohol.

Charges for Using of Explorify’s services

Explorify currently provides the Explorify website to non business customers free of charge. However, when you use the Explorify’s services, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. Explorify’s services may not be accessible in some foreign countries. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to download or access Explorify’s services may be restricted or impaired when on a roaming network abroad.

Use of Information Submitted

You agree that Explorify is free to use any comments, information or ideas contained in any communication you may send to Explorify without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving Explorify’s services or other products or websites.

No Warranty & Liability Limit

Explorify provides services “as is” and without any warranty or condition, whether express, implied or statutory. Explorify specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Explorify assumes no liability or responsibility for any errors or omissions; any failures, delays or interruptions in the Explorify’s services; any losses or damages arising from the use of Explorify’s services including, without limitation, any damage to your mobile device; or any conduct by users of Explorify’s services. We reserve the right to deliver Explorify’s services in our sole and absolute discretion.

In no event shall Explorify, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with Explorifys services or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. This includes any loss of business, or loss of current, past or future earnings resulting from use of Explorify’s services. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnity

You agree to indemnify and hold Explorify and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Explorify’s services or your violation of any law or the rights of any third party.

Disputes

Governing Law
You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Explorify arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, Explorify’s services, website and advertising or any related transaction shall be governed by and contrued in accordance with the laws of the United Kingdom.

General

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Explorify with respect to the subject matter hereof.

Contact Us

If you have any questions about these Terms of Service or use of Explorify’s services or websites, please contact us at:

info@explorify.co.uk

Telephone: 0845 023 0055