Last Revised: November 15, 2016
LessForMe Ltd. (“LessForMe”, “we”, “our”, “Company”) welcomes you (“you”) to our website at http://www.lessforme.com (the “Site”). LessForMe is an advertising platform which pays part of the commission paid by the retailer back to the consumer in exchange for purchasing through the retailer’s site, thus with each purchase you, as the consumer, save money (“Service(s)” as further detailed below). Each of the Site's users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.
2. The Site and the Services
Our service allows you to create an account with us ("Account", as further defined below) in order to become a member of LessForMe ("Member"), and as such to enjoy deals and cashback rewards on purchases you make using your Account from retailers who advertise on the Site ("Retailers"), all in accordance with the Retailer's reward policies which may change from time to time.
Once you open an Account, you will be able to search the Site for your favorite shop or deal and enjoy access, via the Site, to thousands of Retailers' online-shops, each offering you a specific cashback reward for purchases made online. After you have entered a Retailer's online-shop via your Account and made a purchase from that Retailer, that Retailer will approve you for a cashback reward and you will accordingly be accredited with your Earnings (as defined below) on the Account, Earnings which you will be able to withdraw, as cash, subject to the terms stipulated herein. (
Note that Member's purchases must meet all of the following criteria in order to enjoy cashback rewards or other Retailer offers ("Earnings"):
Additionally, upon registration and opening of your Account, you may receive a welcome bonus in the form of Earnings as determined by LessForMe from time to time ("Welcome Bonus"), and you may also enjoy a referral reward which grants a one-time $US 2 (two) cash reward and a bonus of 5% (five percent) cashback reward of the Earnings of each new Member introduced by you, as long as you remain a Member yourself and your referral has crossed a threshold of Earnings, as detailed below ("Referral Earnings").
For full details, provisions and restrictions regarding Earnings, please refer to sections 3 and 4 below.
LessForMe may, from time to time, offer additional or different promotional incentives and/or rewards, at its sole discretion.
The Service may also include social platforms, enabling Users to share various kinds of information, including texts, photos, videos and other expressions (the "User Generated Content" as further detailed below).
(Collectively, the “Services”)
The Site may also provide you with comprehensive information regarding, inter-alia, LessForMe's Services, concept, Retailer's deals, sales, and cashback reward schemes, news regarding the Company, job opportunities and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE (OTHER THAN THE USER GENERATED CONTENT) ARE RESERVED TO LESSFORME OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. LESSFORME WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
LESSFORME IS NOT A PARTY TO ANY TRANSACTIONS WITH RETAILERS, AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE GOODS OR SERVICES THAT THEY MAKE AVAILABLE. THUS LESSFORME DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OF THOSE GOODS OR SERVICES.
ALL CONTENT RELATING TO RETAILERS, INCLUDING, BUT NOT LIMITED TO, RETAILER'S DESCRIPTION, DEALS AND SPECIFIC CASHBACK REWARDS OFFERED, IS SUPPLIED TO LESSFORME BY THE RETAILER, IS NOT VERIFIED BY LESSFORME AND DOES NOT BIND LESSFORME IN ANY FORM. IN ANY CASE WHERE THE CONTENT CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE RETAILER DIRECTLY, ONLY INFORMATION SUPPLIED BY THE RETAILER DIRECTLY SHALL PREVAIL.
Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Registration and User Account
Upon registration and opening of your Account, you may receive a Welcome Bonus. Note that the Welcome Bonus is subject to the terms set hereunder, and LessForMe may change the amount of the Welcome Bonus or stop the grant of the Welcome Bonuses at any time and at its sole discretion.
You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and account and for all activities that occur under your account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of LessForMe. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to [firstname.lastname@example.org]. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.
If you wish to either change your log-in details, or cancel and remove your Account, you can send us an e-mail of your request to [email@example.com]. Your Account on the Site will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Earnings, Referral Earnings and Welcome Bonus
Note that under the following circumstance, Members will not be entitled to Earnings:
The following terms apply to Earnings:
Referral Earnings and Welcome Bonus
All of the above applies, under necessary modifications, to Referral Earnings. Referral Earnings a one-time $US 2 (two) cash reward and a bonus of 5% (five percent) cashback reward of the Earnings of each new Member introduced by you, as long as you remain a Member yourself and your referral has crossed a threshold of $U.S 25 (twenty-five) in Earnings that derive from purchases made (Welcome Bonus not included).
Referral of new Members must be made through the "Refer a Friend" page on the Site, where you will find a links which will enable your friends become Members and will match their Account with yours ("Referral Link"). You may transfer Referral Links to your referrals in any form you may please, including via our platform. Note that only Members who have opened an account via a Referral Link may qualify as referrals that award existing Members with Referral Earnings. . Alternately, you will find on the "Refer a Friend" page on the Site,
As soon as you open an Account, your Account will show an Earnings balance of your Welcome Bonus, to the extent applicable. However, your first Earnings, including the Welcome Bonus, can only be withdrawn when you cross a threshold of $U.S 25 (twenty-five) in Earnings that derive from purchases made (Welcome Bonus not included).
As stated above, your first Earnings, including the Welcome Bonus, can only be withdrawn when you cross a threshold of $U.S 25 (twenty-five) in Earnings that derive from purchases made (Welcome Bonus not included). Any additional withdrawal of Earning is subject to a threshold of minimum $U.S 15 (fifteen) in Earnings.
In order to withdraw Earnings you must supply us with details of a bank account, PayPal account or any other payment method determined by LessForMe from time to time, through which you wish to receive payments ("Payment Method"). By providing LessForMe with these details, you (a) represent that you are, and remain, fully entitled to use that Payment Method; and (b) confirm that you wish to receive Earning through that Payment Method.
Note that certain Payment Methods may have rules relating to the maximum or minimum payment that you can receive through it. It is your sole responsibility to ensure, prior to you withdrawal, that your request to withdraw Earnings meets all of the guidelines, rules and regulation of the Paying Method. For the avoidance of doubt, where applicable, you shall bear, via the Payment Method, all surcharges arising from a transaction, including but not limited to commissions, interest and exchange rates.
We do not store your Paying Method account details; therefore, you will be required to supply us with the details upon every request for withdrawal of Earnings.
5. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at LessForMe's sole discretion) in the termination of your Account and use of the Site and/or Content and/or User Generated Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by LessForMe, you may not (and you may not permit anyone to): (a) use the Site and/or the Content and/or User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of LessForMe or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content and/or User Generated Content made accessible by LessForMe on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to LessForMe's proprietary rights, including LessForMe's Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or User Generated Content on any other site or networked computer environment for any purpose without LessForMe’s prior written consent; (l) create a browser or border environment around LessForMe Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Services and/or Content and/or User Generated Content; (n) frame or mirror any part of the Site without LessForMe's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (s) provide LessForMe with false Personal Information or payment method; (t) deceptively or unfairly exploit a Retailer's offering, including, but not limited to, creating fake or unauthorized Referral Links; (u) and/or infringe and/or violate any of the Terms.
6. User Generated Content
The Site may include a social platform, enabling Users to share and upload, post, publish or make available their own copyrightable materials such as drawings, designs, animations, literary works, texts, images, photos, videos and any other proprietary materials (collectively, the “User Generated Content”).
The following terms apply to your User Generated Content:
7. License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the Site.
When you upload, post, publish or make available any User Generated Content on the Site, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publically display, communicate, distribute, host, publically perform, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content), store and use such User Generated Content, in connection with the Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving LessForMe and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
When you upload, post, publish or make available any User Generated Content, you grant to each User of the Site a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content on our Site. Please note that the Company cannot monitor or control what other Users do with your User Generated Content.
LESSFORME TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS LESSFORME LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.
8. Social Media Features
The Platform may include social sharing and posting features and other integrated tools (for example the Facebook "Share" buttons, YouTube, Twitter, LinkedIn etc.) ("Social Features").
9. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete the Contact Form (https://www.lessforme.com/contact). The Contact Form requires, inter alia, the User's name, e-mail address and a message.
11. Intellectual Property Rights
The Site, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade LessForMes, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to LessForMe (“Feedback”), LessForMe shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any LessForMe current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require LessForMe to comply with any additional obligations with respect to any LessForMe current or future products, technologies or services that incorporate any Feedback.
12. Trademarks and Trade names
LessForMe’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
13. Linking to LessForMe's Site
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by LessForMe, and does not portray LessForMe in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to LessForMe's Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Site’s availability and functionality depends on various factors, such as communication networks. LessForMe does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
15. Changes to The Site
LessForMe reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that LessForMe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
16. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND LESSFORME, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "LESSFORME'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
LESSFORME IS NOT A PARTY TO ANY TRANSACTIONS WITH RETAILERS, AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THE GOODS OR SERVICES THAT RETAILERS MAY MAKE AVAILABLE. THUS LESSFORME DOES NOT HAVE ANY LEGAL OBLIGATION OR LIABILITY THAT MAY APPLY TO THE SELLERS OF THOSE GOODS OR SERVICES AND/OR TO ANY TRANSACTION YOU MAY CONDUCT WITH RETIALERS.
ACCORDINGLY, LESSFORME HAS NO CONTROL OVER OR RESPONSIBILITY FOR RETIALER'S GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, (A) THE QUALITY, SAFETY, OR LEGALITY OF THOSE GOODS OR SERVICES; (B) WHETHER THE RETAILER CAN OR WILL SUPPLY AND PASS GOOD TITLE TO ANY GOODS OR SERVICES.
MEMBERS SHOULD EXERCISE NO LESSER DEGREE OF CAUTION IN ENTERING INTO TRANSACTIONS WITH RETAILERS THAN THEY WOULD WHEN ENTERING INTO A SIMILAR TRANSACTION OFFLINE.
ALL CONTENT ON THE SITE RELATING TO RETAILERS, INCLUDING, BUT NOT LIMITED TO, RETAILER'S DESCRIPTION, DEALS AND SPECIFIC CASHBACK REWARDS OFFERED BY THE RETAILER, IS SUPPLIED TO LESSFORME BY THE RETAILERS AND DOES NOT BIND LESSFORME IN ANY FORM, AND IN ANY CASE WHERE THE CONTENT CONTRADICTS OR IS INCONSISTENT WITH SEPARATE UNDERSTANDINGS BETWEEN THE RETAILERS AND YOU, ONLY INFORMATION SUPPLIED BY THE RETAILER SHALL PREVAIL.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE, CONTENT OR USER GENERATED CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). LESSFORME AND LESSFORME'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
17. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL LESSFORME, INCLUDING LESSFORME'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE, AND/OR THE CONTENT AND/OR USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR USER GENERATED CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF LESSFORME TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF LESSFORME OR LESSFORME'S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER LESSFORME OR LESSFORME'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT THE APPLICABLE LAW PERMITS, YOU RELEASE US, OUR AGENTS AND EMPLOYEES FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTIONS WITH RETAILERS, INCLUDING (WITHOUT LIMITATION) ALL CLAIMS AND DEMANDS RELATING TO UNCOMPLETED OR COMPLETED TRANSACTIONS WITH RETAILERS, OR GOODS OR SERVICES OFFERED FOR SALE OR SUPPLY, OR ACTUALLY SOLD OR SUPPLIED, THROUGH OR IN CONNECTION WITH ANY TRANSACTIONS WITH RETAILERS.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, LESSFORME'S AND LESSFORME'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR USER GENERATED CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO LESSFORME FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM LESSFORME'S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless LessForMe, including LessForMe Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; (iv) your User Generated Content; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
19. Amendments to the Terms
LessForMe may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
20. Termination of these Terms, Termination or Suspension of your Account, and the Termination of the Site's operation
LessForMe may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that LessForMe does not assume any responsibility with respect to, or in connection with the termination of the Site' operation and/or termination or suspension of your Account and/or loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith LessForMe may immediately temporarily or permanently limit, suspend or terminate your use of the Site and/or deny access to your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by exiting our Site and stopping your use thereof and/or sending an e-mail to [firstname.lastname@example.org] and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
We note that we can suspend access to the Site and/or your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account ; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of LessForMe, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; (f) if you, at our sole discretion, determined as a repeat infringer (a User who has been notified of infringing activity more than twice); and/or (g) we are required to by law. We may, but are not obligated to, provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Upon termination of these Terms for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Site and so certify to LessForMe if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Use Restrictions, Intellectual Property, Trademarks and Trade names, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of England and Wales, without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of London, England. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, LessForMe may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by LessForMe, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
22. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to email@example.com.