TERMS AND CONDITIONS (T&C)

These T&C were last updated on 31.01.2023

DMS CD (Netherlands) B.V. (" we " or “ us ” or “ our ”) owns and operates the website https://payless.expert (“Website”). By (a) using the Website, (b) signing up for an account and/or (c) registered to receive an email or other communications from us, you agree to these T&C and Privacy Policy, incorporated herein by reference. You may not use the Website and you may not accept this T&C if you are not of a legal age to form a binging agreement.

IF YOU DO NOT AGREE TO THESE T&C, IMMEDIATELY STOP USING THE WESITE.

ABOUT THE WEBSITE

The Website is a platform through which certain Companies (“ Company ”) make available for you coupons, promotional codes or other offers for their proposed services or make available certain offers itself (“ Coupons ”). Companies are the sellers and issuers of the Coupons and are solely responsible to you for the care, quality, and delivery of the offers and services provided. Certain Coupons and other available offers and pricing on the Website may change at any time in our sole discretion, without notice.

The Website, any content on the Website, and the infrastructure used are proprietary to us, and content providers. By using the Website and accepting these T&C: (a) We grant you a limited, personal, nontransferable, nonexclusive, revocable license to use the Website pursuant to these T&C; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Website without our express permission.

The Website contains copyrighted material, trademarks, and other proprietary information that are protected by copyright, trademark, and other intellectual property laws. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of us or the copyright owner is permitted.

You understand and agree that there may be interruptions in service or Website access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We also reserve the right to change or discontinue any aspect or feature of our services or the Website.

WEBSITES OF OTHERS

The Website contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, or services available on or through any such linked site or resource. We do not endorse, warrant or guarantee the offers or services available through the Coupons. We are not responsible for the activities or policies of those websites. We do not guarantee that the offer details, prices, voucher code availability or other service terms, rates or rewards offered by any Company on our Website are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market.

YOUR USE OF THE WEBSITE

As a condition of your use of the Website, you acknowledge and agree that:

• You have reached the age of majority in the state or province in which you reside and you are not barred from receiving products or services under applicable law;
• You will not attempt to use the Website with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the Website will at all times comply with these T&C;
• You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current, and complete and you will update and correct information you have submitted to the Website, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account);
• You understand that may only create and hold one account on the Website for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information; and (b) opt-out of persistent login. You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
• You understand that your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person.
• You understand that we take the privacy of your Personal Information (defined in the Privacy Policy) seriously. You represent and warrant that you carefully reviewed our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices.
• You will not use our name, logos, trademarks or brands, or trademarks or brands of others on the Website without our express permission.

All interactions on the Website must comply with these T&C.

Any violation of these T&C may result in our sole discretion to canceling of your account or notifying relevant governmental authority; or using other legal remedies at our discretion. We also have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&C. Upon termination, the provisions of these T&C that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability) shall survive.

The following activities are PROHIBITED on the Website and constitute violations of these T&C (including but not limited to):

• Attempting to do or actually doing any of the following:
  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security or configuration of the Website or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Website.
• Using any of the following:
  • Frames, framing techniques, or framing technology to enclose any content included on the Website without our express written permission;
  • Any Website content, without our express written permission;
  • The Website or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with us.
• Collecting any of the following:
  • Content from the Website, including, without limitation, in connection with current or previously offered deals, and featuring such content in any manner that diverts traffic from the Website without our express written permission; or
  • Personal Information (defined in our Privacy Policy).
• Engaging in any of the following:
  • Tampering or interfering with the proper functioning of any part, page, or area of the Website;
  • Reselling or repurposing your access to the Website;
  • Accessing, monitoring, or copying any content from the Website using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of us, or Companies.

DISCLAIMER OF WARRANTY

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER US, NOR OUR SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, OFFERINGS, COUPONS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF OFFERINGS, COUPONS,OR (III) CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL INFORMATION CONTAINED ON THE WEBSITE, OFFERINGS, COUPONS, PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE OFFERINGS, COUPONS, OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A COMPANY OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY US THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE WEBSITE, THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (B) YOUR INABILITY TO USE THE WEBSITE; (C) THE OFFERINGS, COUPONS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A COMPANY; (F) THESE T&C; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH A COMPANY’S COUPONS, OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A COMPANY OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY US THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

INDEMNIFICATION/RELEASE

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) ANY USE OF THE WEBSITE IN VIOLATION OF THESE T&C; (B) FRAUD YOU COMMIT OR YOUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; OR (C) YOUR VIOLATION OF ANY APPLICABLE LAW OR RIGHTS OF A THIRD-PARTY.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COMPANY AND OTHER USERS OF THE WEBSITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY OFFER OF A COMPANY, REGARDLESS OF WHETHER SUCH OFFER IS A REALLY OFFERING AVAILABLE THROUGH THE WEBSITE, ANY ACTION OR INACTION BY A COMPANY, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO ANY HARM CAUSED TO YOU BY ACTION OR INACTION OF A COMPANY, A COMPANY`S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF A COMPANY OFFERING, COUPONS, AND ANY CONDUCT, SPEECH OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER THIRD-PARTY.

GENERAL

Notice

When you use the Website or send emails to us, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that such method of communication satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website or from which you otherwise email us.

Force Majeure

We shall be excused from performance under these T&C, to the extent it or a Company is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of us or a Company, as applicable.

Assignment

You may not assign these T&C, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of us. Any attempted assignment that does not comply with these T&C shall be null and void. We may assign these T&C, in whole or in part, to any third-party in its sole discretion.

Modification

We reserve the right at all times to modify any part of these T&C our sole discretion. If we make changes that affect your use of the Website or our services, we will post notice of the change on the T&C page. Any changes will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may decide to close your account and you should not use the Website or any services offered after the effective date of the changes. We suggest that you revisit our T&C regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the T&C page is adequate notice to advise you of these changes, and that your continued use of the Website or our services will constitute acceptance of these changes and the T&C as modified.

Choice of Law

Any disputes arising out of or related to these T&C and/or any use by you of the shall be governed by the laws of the country in which proceedings commenced (the lex fori). Courts located in our country of incorporation shall have non-exclusive jurisdiction over the disputes arising under these T&C.

No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. Limitation on time to file claims. Any cause of action or claim you may have arising out of or relating to these T&C or the use of the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Miscellaneous.

These T&C, including the Privacy Policy constitute the sole and entire agreement between you and us. No waiver by either you or us of any breach or default or failure to exercise any right allowed under these T&C is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our T&C. If a court of competent jurisdiction holds any provision of our T&C invalid, such invalidity shall not affect the enforceability of any other provisions contained in these T&C, and the remaining portions of our T&C shall continue in full force and effect.

CONTACT US:

If you have any questions or concerns about these T&C, you may contact us at: support@payless.expert