LIME&TONIC GENERAL TERMS AND CONDITIONS (“Terms and Conditions”)


Last updated May 1, 2014

1. DEFINITIONS

“Booking” means the Customer’s booking of an Experience (other than a Date-Specific Experience) by the Customer going on the Site and booking a date and time for redemption of such Experience through L&T’s online reservation system;

“Confirmation”: means the email confirmation received by the Customer from L&T to evidence the purchase of an Experience by a Customer;

"Customer" means an individual who has valid Registration with the Site;

“Date-Specific Experience” means an Experience that is date-specific such as an Experience for a ticketed event or an Experience where a Customer may only select a specific day to utilize the Experience;

"Experience" means the specific event, goods and/or provisions of services that are advertised by a Merchant on the Site;

“Experience Terms” means the applicable terms, conditions and restrictions associated with a particular Experience;

"L&T" means Lime&Tonic America, Inc. or any related company within Lime & Tonic Public Limited, the operator of the Site;

"Merchant" means a third party seller of goods or provider of services from whom an Experience can be purchased by a Customer through the Site in accordance with these Terms and Conditions;

"Purchase" means a purchase by a Customer of an Experience from the Merchant through the Site in accordance with these Terms and Conditions;

"Registration" means the creation by a Customer of an account on the Site in accordance with these Terms and Conditions;

“Site” means the website www.limeandtonic.com operated by L&T (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections).

2. GENERAL

2.1 L&T provides access to exclusive and unique Experiences, carefully hand-picking and curating the best that each destination has to offer, and includes such Experiences on the Site. The Site is a marketing platform on which Experiences are advertised by Merchants to Customers. Customers may, subject to these Terms and Conditions and the Experience Terms, which are hereby incorporated by reference, purchase Experiences from Merchants advertised by Merchants on the Site. The Experience Terms are generally intended to be supplemental to these Terms and Conditions, but to the extent there is an express conflict between these Terms and Conditions and any Experience Terms, the Experience Terms will control, unless the Experience Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.

2.2 L&T is solely the operator of the Site and only provides certain limited related facilitation services of an independent nature as specifically set out further herein (collection, on behalf of Merchants, of payment from Customers for Purchases, delivery, on behalf of Merchants, of Confirmations to Customers and ability of Customers to make reservations). Any contractual relationship regarding any Experience is solely between the Customer and the relevant Merchant.

2.3 These Terms and Conditions regulate the relationship between L&T and the Customer. By clicking on the relevant box in the process of Registration, the Customer accepts and agrees to be bound by these Terms and Conditions vis-à-vis L&T and, in respect of any Purchase, also to the respective Merchant. IF CUSTOMER DOES NOT AGREE TO THE TERMS AND CONDITIONS, HE/SHE SHALL IMMEDIATELY STOP ACCESSING OR USING THE SITE. BY USING THE SITE, CUSTOMER HAS ACCEPTED THE TERMS AND CONDITIONS.

3. REGISTRATION

3.1 Customer(s) must have valid Registration with the Site in order to be eligible to Purchase Experiences.

3.2 To be eligible for Registration, a potential Customer has to fill in true, accurate and complete required details, in particular, [full name, birth date, email address and phone number for communication purposes and phone number, as well as postal address], in the relevant electronic registration form(s) available on the Site and complete the related Registration process through which the Customer will be navigated. By filling in such details and completing the Registration process as set out above, Customer (i) represents and warrants that he/she has full legal capacity to perform legal acts, including to make Purchases and download free offerings, and that all the details are valid, true, correct, complete and not misleading and (ii) expressly agrees to the processing of his/her personal data in accordance with L&T’s Privacy Policy. In addition, a potential Customer has the option of allowing an L&T application to connect through such potential Customer’s Facebook profile.

3.3 Once the Registration process is completed, Customer will be allocated a password and an account with the Site via email message confirming successful Registration sent to the email address provided by Customer during the Registration process. Customer agrees to keep the password and account details strictly confidential and immediately notify L&T in the event of any loss, unauthorized use or any other breach of security. Customer expressly acknowledges and agrees that he/she is solely responsible for any damage, loss or other harm suffered as a result of any loss, unauthorized use of or any other breach of security in relation to the password or account details; in connection with the foregoing, L&T shall not bear any liability whatsoever. Customer shall be obliged to promptly modify/change/amend (solely through accessing the Customer’s account with the Site) the respective details in the event of any change thereof. L&T may require Customers from time to time to re-validate their accounts and their registered details.

3.4 L&T reserves the right to decline any Registration or to cancel with immediate effect an account (Registration) of any Customer at any time at its sole discretion, including, without limitation, in the event of any breach by the relevant Customer of his/her obligations arising from these Terms and Conditions, if any representation given by Customer herein shall be untrue, incomplete or misleading, in the event of any abuse of the Site or breach by Customer of any term or condition of any Experience, if any account is not used for any period of more than 90 days or if re-validation of account (see above) is not made upon L&T’s request.

3.5 A Customer may have only one Registration account with the Site.

3.6. Customer may cancel his or her L&T Registration at anytime.

4. EXPERIENCES

4.1 Each Experience shall be governed by the relevant provisions of these Terms and Conditions, the Experience Terms and, possibly, as in more detail specified on the website of the respective Merchant to which the Site shall include a hyperlink. The Customer agrees to carefully review the respective Experience Terms (including possible further terms and conditions available on the relevant Merchant’s website) and by Purchasing an Experience, confirms that he/she is fully familiar and agrees with all such terms, restrictions, and conditions.

4.2 L&T reserves the right to change, modify, substitute, suspend or remove without notice at any time at its discretion any information disclosed on the Site related to any Experience, and, in particular, any Experience Terms.

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