Terms and Conditions

Welcome to LivingSocial. The following terms and conditions are the terms on which you may (i) access and interact with our website www.LivingSocial.com in Ireland (the “Site”), whether as a visitor or a registered user; (ii) access and interact with our Services (as defined below); (iii) purchase a LivingSocial Deal (as defined below); and/or (iv) purchase from www.livingsocial.com/products/ireland (“LivingSocial Ireland Shop”). Please read these terms and conditions carefully before you start to use the Site and/or the Services. By using the Site and/or the Services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Site and the Services.

Additional terms and conditions apply when you are purchasing a Deal or purchasing from LivingSocial Ireland Shop. In addition, please see our Privacy Policy (published at http://www.LivingSocial.com/privacy_policy) which describes how we use information about you.

The Site (as it relates to Ireland) and the LivingSocial Ireland Shop is operated by LivingSocial Europe Limited, a company registered in Ireland with company registration number 487251, and with registered offices at South Bank House, 6th Floor, Barrow Street, Dublin 4, referred to in these terms and conditions as “LivingSocial,” “we,” “us” or “our.” Our e-mail address is: (i) for Shop queries, ieshop@livingsocial.com (ii) for all other queries, uk.help@livingsocial.co.uk - and our customer helpline is 353 1 234 2557.
Our Services

When you sign up to receive LivingSocial emails, we will send emails to the email address you have given featuring the deals for the cities/markets you have indicated you wish to receive updates on, unless and until you tell us, via your Account settings or by clicking the ‘unsubscribe’ link provided on the emails, that you do not wish to receive those emails (“Deal Emails”).

Within the Site, visitors may take advantage of various facilities, including (but not necessarily limited to):

tools to share Deals with friends by email;
tools to publish Deals to your Facebook timeline;
tools to share Deals via your Twitter account; and/or
tools facilitating the ‘me+3’ scheme (http://help.livingsocial.co.uk/articles/how-does-the-me-3-promotion-work),

(collectively and individually, the “Sharing Tools”).

The Deal Emails and the Sharing Tools are together and individually our “Services”.
Conditional Use of Our Site and Services

Your permission to use the Site is conditional upon your agreement that you:

are 18 years of age or older;
will comply with these terms and conditions;
will provide accurate information when creating an account or registering for our Services; and
are solely responsible for your User ID and the activity that occurs while signed in to or while using LivingSocial using your User ID.

Your LivingSocial Account

You will need to create an account with LivingSocial (either by registering directly with us or by allowing a LivingSocial application to connect through your Facebook profile) in order to obtain access to certain Services, including to purchase Deals and to purchase from the LivingSocial Ireland Shop. If you choose to create an account or LivingSocial profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the LivingSocial Site and Services is not authorised by any other person or entity using your User ID and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by LivingSocial may not register for an account, nor may you designate any of those individuals to use your account on your behalf

LivingSocial relies on User IDs to know whether users accessing the Site and using our Services are authorised to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by LivingSocial, and therefore such information is not subject to any confidentiality obligation. Other 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 LivingSocial Merchant for their commercial purposes including to provide the Deal.

Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. For full details, please refer to our Privacy Policy at http://www.livingsocial.com/privacy-policy.

Any communications between you and LivingSocial, 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.
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;
use the Site and/or the Services for any purpose other than your own personal, non-commercial, use;
use the Services (in particular, the Sharing Tools) in a way which will cause harassment, distress or upset to other persons, or which reflects negatively on LivingSocial (or the Merchants);
distribute anything that may be harmful to children;
attempt to reverse engineer or jeopardise 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 or distribute unsolicited electronic communications or spam;
use the me+3 scheme in any way which is dishonest or fraudulent;
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 or Services;
impersonate another person whilst using the Site or the Services;
copy or distribute any content of the Site in any medium (other than via the Sharing Tools, used in accordance with these terms and conditions) without LivingSocial's permission; nor
use LivingSocial to collect any personal data, including but not necessarily limited to names and/or email addresses.

Links to Third Party Sites

We don't have control over websites that LivingSocial may link to. LivingSocial may contain links to third party websites that are not owned, operated, or controlled by LivingSocial. 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 third party website. By using LivingSocial you expressly relieve us from any and all liability arising from your use of any third party website.
LivingSocial Deals and LivingSocial Ireland Shop: Additional Terms

LivingSocial provides consumers with opportunities to purchase:

products and services from third businesses ("Merchants") with a time limited promotional added value (a "Deal"); and
products offered for sale through the LivingSocial Ireland Shop.

LivingSocial Ireland Shop

These terms and conditions (together with the fine print listed against each item in the LivingSocial Ireland Shop) govern your purchases from the LivingSocial Ireland Shop. Please read these terms and conditions carefully and make sure that you understand them, before placing an order with LivingSocial Ireland Shop. You should understand that by placing an order with the LivingSocial Ireland Shop, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. How It Works

The LivingSocial Ireland Shop offers you great products which are available for a limited period and for a discounted price. All LivingSocial Ireland Shop promotions are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we do not hold the item in stock. Instead, we would have reserved the items with our supplier for the duration of the promotion and only ordered it from our supplier at the end of the sale and therefore we may have to wait to receive items from our suppliers.

The products listed in the LivingSocial Ireland Shop are for sale solely in Ireland. Unfortunately, the LivingSocial Ireland Shop cannot accept orders from or deliver to addresses outside Ireland.

After placing an order with the LivingSocial Ireland Shop, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been confirmed or accepted. Your order constitutes an offer by you to purchase the item(s) you have ordered. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you a further e-mail confirming when your order has been shipped (a “Shipping Confirmation”). The contract between us and you (the “Contract”) will be formed when we send you a Shipping Confirmation. We will notify you if for any reason we cannot accept your order, or any part of it. The circumstances where we may be unable to accept your order include:

where the item you have ordered is no longer available in stock;
where your payment has not been authorised;
where we have identified a pricing or product description error; and/or
where you have not complied with these terms and conditions.

2. Cancellation

EU Distance Selling Regulations. You are entitled to cancel a Contract provided that you notify us that you wish to cancel no longer than seven (7) Irish working days after the day on which you receive the items to which the Contract relates (with the exception of any items which fall under the excluded product categories – see below).

To cancel a Contract, you must:

e-mail ieshop@livingsocial.com within seven (7) Irish working days after the day on which you receive the item(s) you wish to cancel to request a Returned Merchandise Authorisation (RMA) number; and
once we have issued your RMA number, return the cancelled item(s) to us at the returns address we give with your RMA as soon as you can.

You have an obligation under these terms and conditions to take reasonable care of the cancelled items whilst they are in your possession.

If you cancel your Contract after we have issued the corresponding Shipping Confirmation, you will be responsible for the cost of returning the item to us, and we strongly recommend that you return the package using a secure and traceable method i.e. Recorded/Special delivery, and retain your proof of postage receipt. Please be sure your package is insured and prepaid, and that you have packaged the cancelled items carefully.
Excluded Product Categories

Please note that your right to cancel does not apply to items which fall into the following categories (this is without prejudice to your statutory rights):

made to measure or personalised goods
perishable goods (such as flowers and food)
unsealed CDs, DVDs, tapes or other recording media, software or videos

Where you have cancelled a Contract (in full or in part), we will refund the full price you had paid for the cancelled item(s), including the LivingSocial delivery charge (if any). Please note though that, if you are cancelling only certain items under a Contract, we will not refund the LivingSocial delivery charge to the extent that that charge would have applied to the non-cancelled items. We will endeavour to process the refund due to you as soon as possible and, no later than 30 days from the day on which you gave us notice of cancellation.
3. Product Faults

In the event that an item you have purchased from LivingSocial Ireland Shop is faulty, not as described, or not fit for purpose (a “Fault”), please contact us at ieshop@livingsocial.com with full details, including which item the Fault relates to, the date when you purchased the item from LivingSocial Ireland Shop and the corresponding order number, and the nature of the Fault.

As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Information Board or the National Consumer Agency. Nothing in these terms and conditions will affect these legal rights.
4. Delivery

Please note that timescales for delivery and delivery charges will vary depending on the availability of the items ordered, and your address. We cannot accept orders from or deliver to addresses outside Ireland.

Our Shipping Confirmation will notify you of the estimated delivery date, and the delivery method used. Occasionally our delivery to you may be affected by an event outside of our control.

If no one is available at your address to take delivery, our delivery partner will leave a calling card notifying you how you may arrange for re-delivery. Our delivery partner will make a maximum of three delivery attempts before returning the order to us, in which case, we reserve the right to consider that you have rejected delivery and that the Contract is therefore cancelled.

Delivery of an order shall be completed when we deliver the item(s) to the address you gave us when placing your order. You own the item(s) once we have received payment in full from you in respect of such item(s) – unless and until the Contract is cancelled, in which case ownership of the item(s) reverts to us on our refund to you in respect of the cancelled item(s). The item(s) will be your responsibility from the completion of delivery of such item(s).
5. Price and Payment

The price of all items for sale through the LivingSocial Ireland Shop, and our delivery charges in respect thereof, will be as quoted on the LivingSocial shop site from time to time, except in cases of obvious error.

All prices listed include applicable VAT (and we reserve the right to increase our prices to cover any increase in the rate of VAT).

Our prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

Payment for all items ordered from the LivingSocial Ireland Shop must be made by credit or debit card.
6. Playing Nicely

Some of the products offered via the LivingSocial Ireland Shop are provided for a limited number of purchasers or a limited number of purchases, as specified. Any attempt by a purchaser to obtain more than the permitted quantity specified by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
Daily Deals

These terms and conditions (together with the fine print listed against each Deal on the LivingSocial Site) govern your purchase of a LivingSocial Deal. Please read these terms and conditions carefully and make sure that you understand them, before purchasing a LivingSocial Deal. You should understand that by purchasing a LivingSocial Deal, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
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. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
2. Expiration Dates

The expiration date for a Voucher is as printed on the Voucher, and is the date by which you must enjoy your Deal. For vouchers which require an appointment or booking to redeem, we would remind you that appointments/bookings are subject to availability (as well as to any restrictions notified in the Deal description and/or fine print), and we would encourage you to contact the merchant to make your appointment/booking as soon as you can, and in any case no later than the ‘book by’ date as indicated on the Deal description and/or fine print (if any).
3. Deal Bucks

"Deal Bucks" are a form of LivingSocial currency that may be applied as a credit towards future LivingSocial purchases. There are three types of Deal Bucks - Paid Deal Bucks, which you may purchase in certain incremental values (either as gift bucks or otherwise), Earned Deal Bucks, which are awarded to you from time to time as loyalty rewards or as we deem appropriate, and Promotional Deal Bucks, which are given to certain customers in connection with a specific promotion, contest or draw. Promotional Deal Bucks expire in accordance with the terms of the particular promotion. Paid and Earned Deal Bucks expire five years after the date of purchase in the case of Paid Deal Bucks or issuance in all other cases, except where expiration of Paid Deal Bucks is prohibited by law. Paid Deal Bucks will be applied toward future LivingSocial purchases before Earned Deal Bucks, even if the Earned Deal Bucks expire first. Promotional Deal Bucks however will always be applied first due to their short term. Additionally, all Deal Bucks may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional Deal Bucks. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited.
4. Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you before you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in these terms and conditions, except to the extent such terms are prohibited by applicable law.
5. Voucher 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 change, cash back or credit will be issued for partial redemption of the paid portion of a Voucher, except as required by law;
no change, 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 law), unless otherwise noted on the Voucher;
Vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the Voucher;
Vouchers cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Voucher;
neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers; and
Vouchers are issued to you personally and duplicate use, sale or trade of a Voucher is prohibited.

6. Merchant Responsibility

To be clear, LivingSocial markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all loss, 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 issued by the participating Merchant and to use the Voucher according to its terms and these terms and conditions. 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 Programme

From time to time we may offer special promotions, contests and/or draws 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 determine and apply these rules in our sole discretion.
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. LivingSocial 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. LivingSocial does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
9. Cancellations and Refunds

You may cancel your purchase of any Deal within seven working days following the date on which we have issued the corresponding Voucher to you, provided always that delivery of the relevant services under the Deal has not yet begun (i.e. the Voucher has not been redeemed). A working day for these purposes is any day that is not a Saturday, Sunday or a public holiday in Ireland. To exercise your right of cancellation, please call us on 353 1 234 2557 or email us at uk.help@livingsocial.co.uk. Provided your call is taken and/or email is received within the seven working day period, and the Voucher has not been redeemed, we will be happy to issue a refund for the price you had paid for the Voucher. After seven working days, or after redemption (if sooner), we do not provide refunds except in accordance with your statutory rights.
10. Playing Nicely

Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. LivingSocial will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.
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 or vary these terms and conditions at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of these terms and conditions (save that, we may not vary or terminate these terms and conditions as they relate to a pre-existing purchase of a Deal or a purchase from the LivingSocial Ireland Shop). In the event of any termination, you will immediately stop using our Site and our Services. Any purchase of a Deal or purchase from the LivingSocial Ireland Shop pre-dating termination will be honoured according to these terms and conditions.
Disclaimer

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express promises or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our employees, agents, suppliers, and merchants disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that LivingSocial will meet your requirements, is error-free, be without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of LivingSocial, including any services or deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or 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 LivingSocial representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.
Our Liability

Except as relates to purchases of Deals or purchases from the LivingSocial Ireland Shop, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; nor
wasted management or office time, and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Our Liability: LivingSocial Ireland Shop and LivingSocial Deals

Where you have purchased from the LivingSocial Ireland Shop or where you have purchased a Deal, we accept responsibility for any loss or damage you suffer where that loss or damage is a foreseeable result of our breach of these terms and conditions, or of our negligence. Loss or damage is foreseeable if an obvious consequence of our breach/negligence, or if they were contemplated by you and us at the time of concluding the contract. Please note that goods sold via the LivingSocial Ireland Shop are intended for domestic and private use. You agree not to use such goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 under these Terms that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects or delivery of an order to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Your Liability

You agree to compensate LivingSocial, for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by LivingSocial which are caused by your breach of these terms and conditions. This compensation obligation will survive the termination or expiry of these terms and conditions and your use of LivingSocial.
Reservation of Rights and Release

LivingSocial reserves the right, but has no obligation, to monitor, or take any action LivingSocial deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the LivingSocial Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.
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 licence to you under any of those intellectual property rights by virtue of these terms and conditions, except for the limited right to use the Site and Services in accordance with these terms and conditions. “LivingSocial” is our trade mark. 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 these terms and conditions.

The Content on LivingSocial, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by LivingSocial. 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 LivingSocial, 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 LivingSocial 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. We reserve all rights not expressly granted by these terms and conditions 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 licence, 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), 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.
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 notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. LivingSocial's designated Copyright Agent to receive notifications of claimed infringement can be reached at help@livingsocial.com.
Electronic Communications

The communications between you and LivingSocial use electronic means, whether you visit the Site or send us emails, or whether LivingSocial posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from LivingSocial in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LivingSocial provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to these Terms and Conditions and Waivers

We may change the terms of these terms and conditions 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 these terms and conditions. If you do not agree to any changes, if and when such changes may be made to these terms and conditions, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to these terms and conditions indicates that you agree to such modified terms and conditions. Any changes to these terms and conditions (other than as set forth in this paragraph) or agreement by LivingSocial’s not to enforce its rights under these terms and conditions shall not be valid or effective except in a written agreement bearing the physical signature of an officer of LivingSocial. No purported agreement not to enforce any right or modification of these terms and conditions by LivingSocial via telephone or email shall be valid.
General Terms

You and we are independent parties, and nothing in these terms and conditions creates a partnership, employment relationship or agency. You may not assign these terms and conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these terms and conditions be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. Our rights under these terms and conditions will survive any termination of these terms and conditions.

You represent that you are legally able to accept these terms and conditions. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to comply with these terms and conditions. If you aren't, you must please stop using our Site and our Services.
Jurisdiction and Applicable Law

The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, a contract to purchase a Deal, or a contract to purchase from the LivingSocial Ireland Shop (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country). These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

These terms and conditions and all documents and communications directly or indirectly relating to it shall be in the English language.

Last updated: August 30, 2012