United States
May 12, 2011
Welcome to Google Prepaid Offers!
By using Google Prepaid Offers and any content accessed from Google Prepaid Offers, you agree to be bound by our Google Terms of Service (found at http://www.google.com/
1. Introduction
1.1 These Google Prepaid Offers Terms of Service apply to your use of the Google Prepaid Offers web site and associated services (the “Service”) provided by Google in order to browse, locate and purchase daily deals, discounts, coupons and/or vouchers (each a “Merchant Offer”) offered by participating merchants (each a “Merchant”) which may be exchanged for goods and services offered by that Merchant.
1.2 If you choose to purchase a Merchant Offer, your purchase transaction will be subject to the Google Checkout Terms of Service (found at https://checkout.google.com/
1.3 These Terms and Google Checkout Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
1.4 By accepting these Terms, you represent that you are 18 years or older and capable of entering into a legally binding agreement.
2. Google’s Provision of the Service
2.1 Google does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Merchant Offer or product or service purchased from a Merchant pursuant to a Merchant Offer (“Product”), the truth or accuracy of the description of any Merchant Offer or Product, any Merchant or other third party website referenced or described by or accessible through the Service, or any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid for through the Service, or a web site hosted, displayed or otherwise provided by Google (a “Google Web Site”); or (b) the ability of a purchaser of a Merchant Offer (“Buyer”) to buy a Product or a Merchant to deliver a Product. Google hereby disclaims any liability or responsibility for any Content or any errors or omissions in any Content or in the Service.
2.2 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Merchant Offers or other Content from Google Offers at any time.
3. Your Use of the Service
3.1 You acknowledge and agree that Merchant Offers are issued solely by the participating Merchants. Google is not offering or selling the Products that are described in or may be purchased through the Merchant Offers.
4. Privacy and Your Personal Information
4.1 Any personal information you provide in connection with the Service will be treated in accordance with Google’s privacy policy (found at http://www.google.com/privacy.
5. Purchasing Merchant Offers
5.1 In order to purchase a Merchant Offer, you must establish and maintain an account (“Google Account”) and a Google Checkout Buyer account. Visit https://www.google.com/
5.2 Payment for Merchant Offers will be processed through Google Checkout You agree that Google reserves the right to add or remove payment processing methods for Merchant Offers at its sole discretion and without notice to you.
5.3 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of Merchant Offers or your use of Merchant Offers to obtain Products, and that the reporting and payment of any such applicable taxes are your responsibility.
5.4 The Merchant promoting a Merchant Offer through the Service is the sole provider of the Product described in that Merchant Offer. Merchant is solely responsible for the terms of all of its Merchant Offers and for honoring all purchased Merchant Offers that are sold pursuant to the terms of the Merchant Offer and these Terms.
5.5 Google acts in a marketing and advertising capacity with respect to the promotion and advertising of Merchant Offers. Google is not offering or selling the Products that are described in or may be purchased through the Merchant Offers.
6. Merchant Offer Terms
6.1 The Merchant promoting a Merchant Offer through the Service is solely responsible for setting the terms and conditions of all of its Merchant Offers and for honoring all purchased Merchant Offers that are sold pursuant to the terms of that Merchant Offer and these Terms.
6.2 You acknowledge and agree that each Merchant Offer is subject to (a) the standard Merchant Offer terms and conditions set forth below in Section 6.3, unless otherwise stated in the terms and conditions accompanying that Merchant Offer; (b) any additional terms and conditions that are disclosed to you at the time of your purchase of the Merchant Offer, and (c) any terms and conditions or other requirements that may be imposed as a matter of applicable law.
6.3 Merchant Offers will satisfy the following requirements: (a) each purchased Merchant Offer may be redeemed only once unless otherwise stated in the terms and conditions accompanying the Merchant Offer; (b) no fee or charge will be imposed by Merchant on Buyer for redemption of the Merchant Offer, other than applicable tax Merchant may charge; (c) the Merchant Offer may only be transferred by the Buyer in accordance with applicable law; (d) Merchant Offers cannot be re-sold or aggregated for resale (e) subject to restrictions under applicable law, Merchant may determine whether to permit Merchant Offers to be redeemed for products that are subject to purchase or other legal restrictions, such as alcohol and tobacco products; (f) unless expressly permitted by the terms and conditions accompanying the Merchant Offer, Merchant Offers cannot be applied toward the payment of shipping fees, tips or gratuities, taxes, or outstanding balances owed by Buyer to Merchant; (g) unless expressly permitted by the terms and conditions accompanying the Merchant Offer, Merchant Offers cannot be combined with other coupons, special offers or special discounts offered by Merchant or a third party; (h) Buyer bears all risk of loss for Merchant non-performance according to the terms and conditions accompanying the Merchant Offer due to store closing, bankruptcy of Merchant or any other reason; (i) Google Inc. and its subsidiaries and affiliates disclaim and make no express or implied warranties regarding Merchant Offers or any goods or services purchased pursuant to a Merchant Offer; (j) Merchant Offers are subject to additional terms and conditions, as stated on the specific Merchant Offer; and (k) Purchase or use of a Merchant Offer constitutes acceptance of the Terms and the terms and conditions stated on the specific Merchant Offer.
7. Release
7.1 You agree to release Google and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Merchant, other Buyer, advertiser or other third party in connection with the Service. You agree that you will not involve Google in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other Buyer, advertiser or other third party in connection with Google Offers. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of Google and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to a payment transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
8. Redemption Period For Merchant Offer
8.1 The date by which, or the date(s) on which, a Merchant Offer may be redeemed with the Merchant is printed on, or accompanies, each Merchant Offer (the “Redemption Period”). The benefits of the Merchant Offer are only available from the Merchant during the Redemption Period. You must redeem the promotional value of the Merchant Offer before the end of the Redemption Period. Merchant is not obligated to honor the promotional value of the Merchant Offer after the end of the Redemption Period.
8.2 After the end of the Redemption Period, you may be entitled to receive a refund for an unredeemed Merchant Offer of only the amount you paid through Google Offers for the Merchant Offer in accordance with the Refund Policy stated in these Terms below.
9. Refund Policy; Expiration of Value Paid for Merchant Offer
9.1 Except as set forth in this Refund Policy, purchases of Merchant Offers are non-refundable by Google.
9.2 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through Google Offers within sixty (60) calendar days of your purchase of the Merchant Offer, Google will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer.
9.3 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through Google Offers more than sixty (60) calendar days after your purchase of the Merchant Offer, Google will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer solely as required by applicable law.
9.4 This Refund Policy is in addition to any rights that you may have under applicable law to request a refund of the value paid for a Merchant Offer that was not redeemed during the Redemption Period. The value paid for a Merchant Offer (as distinguished from the value of the Product that could have been obtained during the Redemption Period) does not expire, unless (a) the expiration date is disclosed to you at the time of your purchase of the Merchant Offer, and (b) the expiration of the value paid associated with the Merchant Offer is permitted under applicable law.
10. Intellectual Property Rights
10.1 You agree that Google and/or third parties own all right, title and interest in and to the Service and the Merchant Offers, including without limitation all applicable Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, (iii) use the Service to access, copy, transfer, transcode or retransmit Content in violation of any law or third party rights, or (iv) remove, obscure, or alter Google’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
11. Termination
11.1 These Terms will continue to apply until terminated by either you or Google as set out below.
11.2 If you want to terminate these Terms, you may do so by ceasing your use of the Service and any purchased Merchant Offers.
11.3 Google may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms or other policies Google may establish from time to time.
11.4 Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, Google has the right to prohibit your access to the Service and to refuse future access to the Service by you. Sections 7, 10, 11.4, 12 will survive any termination of these Terms.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, Inc., its subsidiaries and affiliates and their respective directors, officers, employees and agents (the “Google Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your access or use of, or attempt to access or use, the Service, including any purchase or use of any Merchant Offer, or your violation of these Terms.