Terms of service
The following General Terms and Conditions are intended to create a legally binding agreement between you and eco-discount for the provision of subscription and other services and the use of the eco-discount.com website.
1.1 The following definitions apply:
(a) “Agreement” means the agreement to provide subscription and other services of which these General Terms and Conditions form part;
(b) “Contract Year” means the twelve-month period commencing with the Start Date;
(c) “Contract Month” means the one-month period commencing with the Start Date;
(d) "Employee" means a person working at eco-discount;
(e) "Force Majeure" means circumstances beyond eco-discount’s control, including but not limited to acts of God, war, civil unrest, strike, lock‐out or other industrial action and transport or computer failure including any failure or breakdown of related systems upon which the operation of the Product is dependent;
(f) "General Terms and Conditions" means these terms and conditions;
(g) "Initial Subscription Period" means the first Contract Year or First Contract Month or such other period as may be agreed between the parties in writing;
(h) “Account” means the unique user section of the eco-discount website to be created by eco-discount for use by only the Subscriber, in order to obtain access to the website and its Product;
(i) "Password" means the unique word/number to be created by the Subscriber for use by only the Subscriber, in order to obtain access to the website and its Product;
(j) "eco-discount" means eco-discount whose registered office is Unit 34429, Building 4336, Manchester, M61 0BW;
(k) "Start Date" means the commencement date of the Subscription Period or any renewal period as the case may be;
(l) "Subscriber" means the recipient of subscription and other services whether or not a Subscription Fee is being paid;
(m) "Subscription Fee" means the fee for the provision of subscription and other services;
(n) "Website" means the eco-discount website which is currently located at the uniform reference locator (URL) eco-discount.com including all subsidiary pages.
2. ACCESS AND PASSWORD
2.1 The Subscriber shall create a Password on or before the Start Date.
2.2 eco-discount shall have the right to disable the Account immediately upon termination of the
Agreement for any reason, or if the Subscriber fails to pay the Subscription Fee when due.
2.3 It is the Subscriber’s responsibility to maintain the confidentiality of the Password. On no account should the Subscriber disclose the Password to third parties. Should the Subscriber be found to have disclosed their password, or provided another individual with discount codes from said account, eco-discount reserves the right to terminate Subscriber's Account immediately and without warning or refund.
2.4 The Subscriber shall indemnify and hold eco-discount harmless for any loss or damage eco-discount may incur resulting from breach of this condition 2.
3. PAYMENT OF PRICES AND FEES
3.1 eco-discount shall send the Subscriber a confirmation email confirming subscription, an invoice for the Subscription Fee will automatically be sent to The Subscriber upon the receiving payment. eco-discount will not be held accountable for invoices sent, or not sent, by third-party companies.
4. LICENCES AND USE
4.1 The Subscriber and its Employees are granted a non‐transferable, non‐exclusive licence to use the Website for the internal purposes of the Subscriber’s individual use but for no other purpose.
4.2 For so long as the Agreement remains in force, the Subscriber permits eco-discount, free of charge, to include in marketing and publicity materials a reference to the Subscriber as a customer of eco-discount.
5. OBLIGATIONS OF SUBSCRIBER
5.1 The Subscriber undertakes:
(a) to maintain adequate security measures to prevent unauthorised access to and use of the Subscription Services and the Password;
(c) not to share, transfer, assign or sub‐license all or any of its rights and obligations under the Agreement.
5.2 The Subscriber acknowledges that these General Terms and Conditions are subject to change from time to time and agrees to check to see if any changes have been made to the General Terms and Conditions each time it visits the Website. The Subscriber acknowledges that the continued use of the Website constitutes the Subscriber’s agreement to the latest version of the General Terms and Conditions.
6. RENEWAL OF INITIAL SUBSCRIPTION PERIOD
6.1 The Initial Subscription Period shall be automatically renewed on expiry for successive Contract Years or Contract Months unless either party decides upon termination.
6.2 If the Agreement continues in force after the Initial Subscription Period, the Subscription Fee shall become payable on each monthly or yearly anniversary of the Start Date.
7.1 eco-discount may terminate this Agreement immediately on giving written notice to the Subscriber if:
(a) the Subscriber commits a breach of any term of this Agreement;
7.2 Termination shall not relieve the Subscriber of its obligations to make any payments due to eco-discount, which are outstanding as at the date of termination.
7.3 Termination shall not affect any accrued rights of either party existing as at the date of termination.
7.4 Termination shall be immediate. The Account will be closed. If termination takes place before the end of the Contract Year or Contract Month, no refund will be granted.
7.5 Conditions 8 (Intellectual Property), 10 (Exclusion of Implied Warranties) and 11 (Exclusions and Limitations) shall remain in full force and effect notwithstanding termination.
7.6 If the Subscriber wishes to terminate the contract, they must notify eco-discount by filling out the Cancel Membership form on the website.
7.7 Once the Subscriber has notified eco-discount of a wish to terminate their contact, eco-discount agrees to terminate said contract within four days.
7.8 Any payments due to be made within these four days are non-refundable and the Subscriber will be held accountable for said payments.
7.9 If for any reason, eco-discount is unable to provide its service, it will not refund any subscription fees made prior to the date of its announced service end.
8. COPYRIGHT AND TRADE MARKS (INTELLECTUAL PROPERTY)
8.1 As between the parties, all intellectual property rights (including e.g. copyright, database rights and trade marks) subsisting in or used in connection with the Subscription Services are and shall remain the sole property of eco-discount.
9.1 The Website is being updated and improved on an ongoing basis. eco-discount reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and the Subscriber acknowledges and confirms that eco-discount shall not be liable to the Subscriber for any such change or removal.
9.2 The Website is intended to permit link‐up and interaction between Subscribers, eco-discount and third party organisations for promotions and other interactive mediums. The inclusion of website links on the Website does not imply endorsement by eco-discount of such linked sites, or any association with the third party organisations. eco-discount is not responsible for the content of other Websites that link to the Website, nor is eco-discount responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for the convenience of Subscribers and does not imply that eco-discount approves of those sites.
10. EXCLUSION OF IMPLIED WARRANTIES
10.1 While eco-discount takes all reasonable care to ensure that all Subscription Service and website materials are accurate and up to date, eco-discount makes no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability).
10.2 eco-discount makes no representations or warranties in regard to the Product and excludes all representations, conditions and warranties express or implied arising by operation of law or otherwise to the fullest extent permitted by law.
10.3 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied. This means that the implied warranties of satisfactory quality, fitness for a particular purpose, non‐infringement, compatibility, security and accuracy shall not apply to the Website.
10.4 No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
11. EXCLUSIONS AND LIMITATIONS OF LIABILITY
11.1 eco-discount expressly excludes all liability to the Subscriber for any indirect, special, incidental and/or consequential loss and/or damage which may arise in respect of the Subscription Services and/or their use or non‐availability, revenue, goodwill and anticipated savings, to the fullest extent permitted by law.
11.2 eco-discount does not exclude liability for death or personal injury arising as a result of its negligence or that of its employees, agents or authorised representatives.
11.3 If the Subscriber is unable to access all or part of the Subscription Services because it does not have access to any necessary third party software or equipment, this shall not constitute a breach of this Agreement by eco-discount (and shall not entitle the Subscriber to a refund of any Subscription Fees already paid).
11.4 eco-discount shall not be liable for any delay or failure to perform any obligations if the delay or failure results from an event of Force Majeure. If a force majeure event occurs, eco-discount will notify the Subscriber as soon as practicable. If the event of Force Majeure continues for more than 30 days, either party shall have the right to cancel the Agreement. No refunds shall be granted.
12. PROOF OF IDENTITY
12.1 The provision of Subscription Services provided by eco-discount may require the need to ask the Subscriber to provide proof of identity.
13. DATA PROTECTION
13.1 eco-discount takes its obligations of confidentiality and the protection of personal data very seriously. eco-discount will not sell or make personal data available to any third party without the prior consent of the data subject except for the following limited purposes:
13.2 Personal data may be used by eco-discount to provide the data subject with product information that eco-discount believes may be of interest to the data subject.
13.3 The Subscriber understands that if eco-discount uses overseas servers (including outside the European Union) this may result in personal data belonging to the Subscriber or its Employees being transmitted and stored overseas. The Subscriber consents to this.
15.1 Any notice required to be given shall be:
(a) in writing in the English language;
(b) addressed to the registered email of the other party;
16.1 No waiver by eco-discount (whether express or implied) in enforcing any of eco-discount’s rights shall prejudice eco-discount’s ability to enforce such rights in the future.
16.2 eco-discount may assign all or any of its rights and transfer all or any of its obligations under this Agreement subject to written notice of transfer being given to the Subscriber.
16.3 If any provision of the Agreement is held to be unlawful, invalid or unenforceable to any extent, then the remainder of such provision and all other provisions of the Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
16.4 In the event of there being any conflict between these General Terms and Conditions and any other written term of the Agreement then the other written term shall prevail.
16.5 No person who is not a direct party to any agreement covered by the Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
16.6 The Agreement represents the entire agreement of the parties in relation to the supply of the Subscription Services and supersedes any previous agreement between the parties.
16.7 The Agreement may be executed in any number of counterparts and by the parties on separate counterparts. Each counterpart shall constitute an original of this Agreement but all the counterparts shall together constitute one and the same instrument.
17. GOVERNING LAW AND JURISDICTION
17.1 The Agreement shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise in connection with it.