If you are ever having trouble redeeming your Maltastic, we are here to help. We approach refund requests for unredeemed vouchers in this straightforward way:
1. Our first response will always be to try and help you receive the experience you purchased.
2. If we can't assist you in redeeming your voucher, we will offer you Maltastic Credit to try another experience.
3. If you don't want Maltastic Credit to use towards another offer because Maltastic has let you down and it's within the validity period, we'll return the purchase price of your Maltastic.
If a business closes permanently, we will always honour returns for unredeemed Vouchers.
In accordance with the law, on the vast majority of deals, any unredeemed Maltastic may be returned for a full cash refund within the first 7 working days from the day after the day that you receive the Maltastic. If you've already redeemed your Maltastic, and you're disappointed with your purchase, please contact us and we'll evaluate returns on a case-by-case basis.
This page sets out the Terms & Conditions for use of the Maltastic website and the services we offer.
1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS AND CONDITIONS
1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Maltastic Limited (trading as Maltastic) and we are the operator of this website. We are a company registered in Malta with our registered office at 29, Tower Street, Mosta, MST 3501(Malta) (and we refer to ourselves as "Maltastic", "maltastic.com", "we", "us" or "our" in this document). Our company registration number is C 63903.
1.2 Who is this other business called Maltastic Shop Ltd?: You will see references to Maltastic Shop Ltd ("Maltastic Shop") throughout these terms and conditions. Maltastic Shop is a subsidiary company of - and separate company to - Maltastic. It is an Maltese company with registration number C 63903 (although it has its registered office at the same address as Maltastic i.e. 29, Tower Street, Mosta, MST 3501(Malta)). Maltastic Shop sells a variety of Maltastic Shop Goods directly to customers via its own website, just like many Merchants sell Merchant Products/Services. But Maltastic Shop does not sell Vouchers. On the other hand, Maltastic does sell Vouchers but does not sell Maltastic Shop Goods. So: Maltastic sells Vouchers and Maltastic Shop sells Maltastic Shop Goods. Got it? Good! Please note that Maltastic and Maltastic Shop, while both part of the "Maltastic family of companies", are different legal entities. This means, for example, if you have a complaint against Maltastic Shop, you must raise that issue with Maltastic Shop directly and not Maltastic, as Maltastic is a legally separate business.
1.3 Your acceptance of this Agreement: Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.4 Changes to this Agreement: These Terms and Conditions (i.e. this Agreement) was most recently updated on the 10 March 2013 (version 1.0). We reserve the right to amend this Agreement at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at firstname.lastname@example.org) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher (all of which are defined below in the last clause of this Agreement) will be deemed to constitute acceptance of the new terms and conditions.
1.5 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
1.6 Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined at the end of this Agreement (i.e. in the last clause of this Agreement here).
2. SOME BASICS YOU SHOULD KNOW ABOUT THE WEBSITE AND THE SERVICE WE OFFER
2.1 Being bound by this Agreement: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement. To be clear: if you use the Website or if you make any Purchase you are legally bound by this Agreement.
2.2 Minimum Age: To use the Website and/or the Service (whether with or without registration) and/or to make any Purchase, you must be 18 years of age or over.
2.3 Place of Use: The Website and the Service are directed solely at those who access the Website and/or make any Purchase from Malta. We make no representation that the Service (or any products or services) are available or otherwise suitable for use outside of Malta. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Malta, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. Please note that Maltastic is part of an international "Maltastic family of companies" and if you are outside Malta, there is probably a local Maltastic company (e.g. www.Maltastic.fr in France or whatever).
2.4 Scope of Use: The Website, Service and any Purchase are for your non-commercial, personal use only (although you may give any Voucher to someone else for their personal use). The Website, Service and any Purchase must never be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
2.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3. REGISTERING WITH MALTASTIC AND YOUR ACCOUNT
3.1 Why register? Depending on the particular functionality of the Website at any time, you may or may not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
3.3 Passwords: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
3.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4. PURCHASE OF VOUCHERS
THIS CLAUSE IS THE HEART OF THESE TERMS AND CONDITIONS - PLEASE READ IT VERY CAREFULLY!!!
4.1 An outline of how purchasing works legally: Please see our FAQs here which explains all the legal stuff and the legal framework.
4.2 Need for registration: Maltastic sells multi-purpose Vouchers that can be redeemed for Merchant Products/Services from a Merchant or for Maltastic Shop Goods sold by Maltastic Shop. You must Register in order to make a Purchase from the Website (although you do not need to register for an account to redeem your Voucher for Maltastic Shop Goods with Maltastic Shop, which we explain to you further below).
4.3 When a Voucher transaction is complete: When you go through the procedure for purchasing a Voucher, after you have confirmed your acceptance of this Agreement and after we have taken payment (by debit card or credit card or whatever), the transaction to Purchase a Voucher is only complete (and a contract for Purchase is made) when we email you confirming the transaction. This email confirmation we send to you is our acceptance of the transaction. We keep a copy of the contract between us - and you are welcome to print out this Agreement from our Website as a record. For the purposes of this Agreement, a working day is any day that is not a Saturday, Sunday or English public holiday.
4.4 Right to cancel: Once we send you the Voucher, you may cancel the transaction at any time within 7 working days from the day after the day that you first receive the Voucher, whether you receive the Voucher via email or whether that Voucher is made available to you in your Maltastic account - provided of course that you have not yet redeemed the Voucher! If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: email@example.com or phoning us on +00 000 000 000 or writing to us. See also Clause 5 of this Agreement which goes into more detail.
4.5 Voucher options: For any Voucher you Purchase from Maltastic, you will always have at least two options for redeeming your Voucher. Your first option will be to redeem your Voucher with the Merchant for the Merchant Products/Services provided by that Merchant and as advertised on your Voucher, subject to the Voucher's terms and conditions, fine print, etc. All of this will be stated on your Voucher. Alternatively, for the first 15 days after you Purchase your Voucher, you will also be able to redeem your Voucher for the amount of the purchase price (and not the value of the Voucher) with Maltastic Shop for Maltastic Shop Goods offered for sale by Maltastic Shop. For example, say you have Purchased a Voucher for a massage with a Merchant for EUR 40 and the original value of that massage is EUR 100. For the first 15 days after you have Purchased your Voucher, you have the option to either: (a) redeem your Voucher with the Merchant in exchange for a massage OR (b) redeem that Voucher with Maltastic Shop for EUR 40 towards any Maltastic Shop Goods.
4.6 This Agreement applies: Please remember that by making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
4.7 One redemption only: While you have the option to redeem your Voucher either with the Merchant or with Maltastic Shop, you may not redeem your Voucher with both. This means, for example, that if you have redeemed your Voucher with the Merchant you cannot redeem your Voucher with Maltastic Shop as well. Any attempted redemption of a Voucher not consistent with this Agreement (whether with a Merchant or Maltastic Shop) may render a Voucher void at our, a Merchant's or Maltastic Shop's discretion.
4.8 RESPONSIBILITY - A REALLY IMPORTANT PART OF THIS AGREEMENT!
4.8.1 Please note that it is the Merchant or Maltastic Shop, and not Maltastic, who is the seller of the Merchant Products/Services or the Maltastic Shop Goods.
4.8.2 Please note that it is the Merchant or Maltastic Shop, and not Maltastic, who is the party who enters into a contract with the person redeeming the Voucher for the Products/Services or Maltastic Shop Goods. (Please note that, as explained in the FAQs, separately to that contract between the redeemer of the Voucher and the Merchant (or Maltastic Shop), the person who Purchased the Voucher has a separate contract with Maltastic for the Purchase of the Voucher - which is what this Agreement is all about).
4.8.3 Please note that it is the Merchant or Maltastic Shop, and not Maltastic, who is solely responsible for providing you with the Merchant Products/Services or Maltastic Shop Goods and for the Merchant Products/Services or Maltastic Shop Goods themselves.
4.8.4 Please note that it is the Merchant or Maltastic Shop, and not Maltastic, who is solely responsible for redeeming any Voucher you Purchase.
4.9.1 Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion.
4.9.2 Vouchers redeemed with a Merchant are redeemable in their entirety only and may not be redeemed incrementally. Although it should never happen, if, for whatever reason, the Voucher is redeemed with a Merchant for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed.
4.9.3 Vouchers redeemed with Maltastic Shop may be redeemed for any Maltastic Shop Goods. Where the price of the Maltastic Shop Goods is more than the Voucher purchase price, you will be required to pay to Maltastic Shop the difference in cash. Where the price of the Maltastic Shop Goods is less than the Voucher purchase price, the difference between the Voucher purchase price and the Maltastic Shop Goods will be given to you in Maltastic Credit.
4.9.4 Combination: It is at the discretion of the Merchant or Maltastic Shop to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
4.10 Lost/stolen vouchers: Neither we nor the Merchant nor Maltastic Shop are responsible for lost or stolen Vouchers or Voucher reference numbers - although please see the Maltastic Promise set out at the start of this Agreement.
4.11 Expiry: As every Voucher will have two redemption options, each redemption option will likely have its own expiry period. For redemption of your Voucher with a Merchant, the expiry date will be listed on the Maltastic advertisement as well as your Voucher. This expiry date will vary depending on the Voucher you have Purchased but it will expire on the date specified on the Voucher. For redemption of your Voucher with Maltastic Shop, the expiry date will be 15 days after the date of Purchase.
4.12 Status of vouchers: All Vouchers are multi-purpose vouchers that are subject to this Agreement and to any terms and conditions of the relevant Merchant or Maltastic Shop (as applicable) (although see Clause 7.1 of this Agreement about this.).
4.13 Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price for the Vouchers.
4.14 Shipping Costs: If you redeem your Voucher with Maltastic Shop for Maltastic Shop Goods, you may be required to pay shipping costs in order for Maltastic Shop to deliver to you your Maltastic Shop Goods. Any such costs will be payable to Maltastic Shop directly (and not Maltastic, who will not be a party to that transaction).
4.15 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service and Vouchers as well as other promotional offers. You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence; or, if you have a Maltastic account, you can opt-out of any marketing emails by managing your subscriptions in our subscription centre, which is available as part of your Maltastic account.
5. CANCELLATIONS, REFUNDS OR PROBLEMS - AND THE Maltastic PROMISE
5.1 THE Maltastic PROMISE!
Please note the Maltastic Promise. It says:
"We're confident in the businesses we feature on Maltastic and back them with this Maltastic Promise. If your experience using your Maltastic ever lets you down, we'll return the purchase price of your Maltastic, either as cash or as a Maltastic Credit. Simple as that."
1. Our first response will always be to try and help you receive the experience you purchased.
2. If we can't assist you in redeeming your voucher, we will offer you Maltastic Credit to try another experience.
3. If you don't want Maltastic Credit to use towards another offer because Maltastic has let you down and it's within the validity period, we'll return the purchase price of your Maltastic.
5.2 If you change your mind about buying a Voucher: Even if nothing has gone wrong, you are entitled by law to cancel your Voucher for any reason or no reason, as long as you are within the first 7 working days from the day after the day that you receive the Voucher. Any refund within those time limits will be a refund of the purchase price of the Voucher (payable back via your original method of payment). If you are outside of that time, then subject to the Maltastic Promise, we are not obliged to give any refund for the Voucher.
5.3 If your Voucher has expired: Please see Clause 4.11 of this Agreement about limited periods of validity of any Voucher. Subject to the Maltastic Promise (and to Clause 5.2 of this Agreement), if your Voucher has expired you are not entitled to your money back or any refund. However, if you have been unable to redeem your Voucher within the period of validity through no fault of your own (e.g. the Merchant refused to take any booking at all within the period of validity) then provided you can demonstrate this to us to our reasonable satisfaction, then depending on the degree to which you may or may not be at fault, we may be able to refund you in Maltastic Credit or, if there is demonstrably no fault on your part at all, we may be able to provide a refund of the purchase price of the Voucher (payable back via your original method of payment).
5.4 If the Merchant Products/Services are not what you expect based on the description before Purchase or the description on the Voucher: If you have a complaint and you contact Customer Services at Maltastic, one of several things can happen:
5.4.1 If we confirm to you that the description on the Website and the Voucher is correct and the Merchant is at fault or you are otherwise unsatisfied with what the Merchant provides: we will try and contact the Merchant to resolve the issue. Please note that (as per Clause 4.8 of this Agreement), the Merchant (and NOT Maltastic) is responsible to provide goods and services in respect of a Voucher. If the Merchant honours the Voucher properly, then all well and good. If the Merchant does not honour the Voucher properly, legally you must take action against the Merchant. However, at Maltastic, we go beyond our legal obligations. We offer the Maltastic Promise. This is set out at Clause 5.1 of this Agreement. Depending on why you are unsatisfied, we may offer you a refund. Sometimes we may offer you a refund in Maltastic Credit and sometimes as a refund of funds (payable back via your original method of payment).
5.4.2 If the description on the Website and/or the Voucher is incorrect for some reason: On rare occasions, we can make mistakes. Although we pride ourselves on our professionalism and responsibility, we are staffed by human beings! You will see that throughout this Agreement we exclude legal liability for errors and omissions in several places (see for example Clause 6 of this Agreement). If we notice an error, we may contact you about amending or cancelling a Voucher. Whether we contact you or not, if the description on the Website and/or the Voucher is incorrect for some reason and you want to return your Voucher for that reason, then please let us know and we will refund the purchase price of your Voucher (payable back via your original method of payment).
5.5 If your Maltastic Shop Goods from Maltastic Shop are not what you expected: If you have a complaint about the Maltastic Shop Goods you have purchased from Maltastic Shop with your Voucher, you must contact Maltastic Shop directly. We will of course work with you to attempt to resolve any issues you may have. But please note that, as per Clause 4.8 of this Agreement, it is Maltastic Shop (and NOT Maltastic) who is responsible to provide the Maltastic Shop Goods to you. If Maltastic Shop does not honour their contract with you properly, then legally you must take action against Maltastic Shop. However, at Maltastic, we go beyond our legal obligations. We offer the Maltastic Promise (set out in Clause 5.1 of this Agreement) and this extends to any experience you have - whether with a Merchant or with Maltastic Shop Goods from Maltastic Shop. Depending on why you are unsatisfied, we may offer you a refund. Sometimes we may offer a refund as Maltastic Credit and sometimes as a refund of funds (payable back via your original method of payment).
5.6 Status of refunds: The following is always true about any refund in respect of a Voucher accepted by you (as credits or by funds refunded back via your original method of payment or otherwise):
5.6.1 You have 30 days from the date you receive the refund to reject the refund;
5.6.2 If you do not reject the refund during this time, the refund is always in full and final settlement of any and all claims you may have against Maltastic related to or arising out of or connected to that Voucher or anything on the Website;
5.6.3 Maltastic is NEVER responsible in respect of, or to provide, goods and services related to a Voucher or as described on the Website or for Maltastic Shop Goods or otherwise. Please see Clause 4.8 of this Agreement which goes into more detail about this.
6.1 The standards we operate under: Maltastic always tries its best at what it does! To give some legal backing to this, we warrant that:
6.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement,
6.1.2 we have the right to sell Vouchers,
6.1.3 Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissions (and see Clause 8.1 of this Agreement about this, and
6.1.4 we will not contravene the requirements of professional diligence in what we do.
6.2 Clause 6 'rules the roost': This Clause 6 (and Clause 1.5 of this Agreement) takes precedence over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
6.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website or any Purchase (or any part of it or them); or
6.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
6.3 What we are always responsible for: Nothing in this Agreement shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud or what we say in Clause 1.5 of this Agreement).
6.4 What we are never responsible for: We do not warrant and we exclude all Liability in respect of Merchant Products/Services and Maltastic Shop Goods for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which a Voucher is or may be redeemed. We are responsible however for what we say in the Maltastic Promise.
6.5 What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of this Agreement) but for nothing else (such as suing for a tort).
6.6 Categorises of loss that we are not responsible for: Please note that apart from what we set out in Clause 6.3 of this Agreement and what we say in the Maltastic Promise, we shall have no Liability for:
6.6.1 loss of revenue;
6.6.2 loss of actual or anticipated profits;
6.6.3 loss of contracts;
6.6.4 loss of the use of money;
6.6.5 loss of anticipated savings;
6.6.6 loss of business;
6.6.7 loss of opportunity;
6.6.8 loss of goodwill;
6.6.9 loss of reputation;
6.6.10 loss of, damage to or corruption of data; and
6.6.11 indirect or consequential loss.
The law on interpretation of limitations and exclusions of liability is extremely complicated - and, to be frank, a bit bananas! So to make sure this clause means what we think it means, please therefore note that apart from what we set out in Clause 6.3 of this Agreement and what we say in the Maltastic Promise (for which we are always responsible legally) we understand the words "consequential loss" to mean "consequential losses whether those losses are foreseeable, known, foreseen or otherwise" - but we will always be responsible to you as we set out in the Maltastic Promise as some situations where the Maltastic Promise applies are foreseeable issues! And we operate the Maltastic Promise as we set out in Clause 5 of this Agreement.
6.7 Limits of our liability: Apart from what we set out in Clause 6.3 of this Agreement (for which we have unlimited liability) and apart from what we say in Clause 6.6 of this Agreement (where we set out when we are never responsible), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:
6.7.1 in respect of any Voucher, 110% of the price paid for that Voucher; and
6.7.2 in respect of any other loss EUR 50.
6.8 Invalid or unenforceable parts of this Agreement: The limitation of Liability under Clause 6.7 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of this Agreement.
7. YOUR OBLIGATIONS
7.1 Merchant and Maltastic Shop terms: Merchants and Maltastic Shop will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you shall ensure that anyone redeeming a Voucher with a Merchant or Maltastic Shop abides by those terms and conditions. The responsibility to do so is yours - not ours! However, when we "check out" Merchants, before selling Vouchers which relate to that Merchant's Merchant Products/Services, we shall list any restrictions applicable to the Voucher and those Merchant Products/Services clearly on our Website before any Purchase of that Voucher. For Maltastic Shop Goods from Maltastic Shop, because any Maltastic Shop Goods will not be advertised on the Maltastic Website or on your Voucher, the listing of any and all restrictions in respect of the Maltastic Shop Goods are the sole responsibility of Maltastic Shop.
7.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
7.3 Content on the Website and Service and Vouchers: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
7.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
7.4.1 to send or receive any material which is not civil or tasteful;
7.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
7.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
7.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
7.4.5 to cause annoyance, inconvenience or needless anxiety;
7.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7.4.7 for a purpose other than which we have designed them or intended them to be used;
7.4.8 for any fraudulent purpose;
7.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
7.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
7.5 Forbidden uses: The following uses of the Service (and Website) and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
7.5.1 resell the Service (or Website) or any Voucher;
7.5.2 furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
7.5.3 attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
7.5.4 access the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
7.5.5 execute any form of network monitoring which will intercept data not intended for you;
7.5.6 send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
7.5.7 create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
7.5.8 send malicious email, including flooding a user or site with very large or numerous emails;
7.5.9 enter into fraudulent interactions or transactions with us, a Merchant or Maltastic Shop (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
7.5.10 use the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
7.5.11 use in an unauthorised manner, or forge, mail header information;
7.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
7.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
7.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
8. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
8.1 Errors and omissions: We are not liable for errors or omissions (e.g. listing a Voucher at EUR 1.99 instead of EUR 199!) if we have complied with the standards set out in Clause 6.1 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service on the Website or forming part of the Service from time to time.
8.2 Viruses and similar stuff: We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
8.3 Stopping access: Although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
8.4 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a UK user, or disrupts the Website or the Service in any way.
8.5 Multiple logins: If you use multiple logins, if we do take any action against you, you may have action taken against all of your accounts.
9. SUSPENSION AND TERMINATION
9.1 If you use (or anyone other than you, with your permission uses) the Website or Service or a Voucher in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Voucher.
9.2 If we suspend the Service or Website or a Voucher, we may refuse to restore the Service or Website or Voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
9.3 Maltastic shall fully co-operate with any law enforcement authorities or court order requesting or directing Maltastic to disclose the identity or locate anyone in breach of this Agreement.
9.4 Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
9.4.1 you commit any breach of this Agreement;
9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
9.5 Notwithstanding anything else in this Clause 9, we may terminate this Agreement at any time.
9.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
10.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
10.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of a Voucher;
c) the use of the Service or Website through your password; or
10.1.2 any breach of this Agreement by you.
11. DATA PROTECTION
12.1 We may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2 You are free to select or click on advertised goods and services or not as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept (nor do we assume) responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
13.2 This maltastic.com website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, (subject to Clause 14.4 below) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2 None of the material listed in Clause 14.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in the "MyCityDeal" and "Maltastic" names are owned by us (or our licensors), although please note that Maltastic Shop (which is a separate company to Maltastic!) also has rights to use the "Maltastic" name. Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.6 Subject to Clause 14.7 below, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation and subject to any details you provide relating to receiving money from you. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 clause headings such as ("15. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
15.6 Entire agreement: This Agreement (and our Privacy and our Cookies Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform this Agreement) and that party's only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Maltastic, its subsidiaries, any holding companies of Maltastic, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 4, 5, 6, 8, 10, 11, 14, 15, 16 and 17 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of Malta.
16.1 The Website and the Service is owned and operated by Maltastic Ltd, a company registered in Malta whose registered office is at 29, Tower Street, Mosta, MST 3501(Malta). If you have any queries please contact Customer Services at firstname.lastname@example.org.
17.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
17.1.1 "Maltastic Credit" means a pound-denominated amount of money that can be credited to a user's Maltastic account and which can only be used to make a Purchase on the Maltastic Website.
17.1.2 "Maltastic Promise" means the Maltastic safety "guarantee" given for any Purchase. It is set out in Clause 5.1 of this Agreement - and also at the start in the large box at the top of this document.
17.1.3 "Maltastic Shop Goods" means the products, goods, items, etc. that are sold by Maltastic Shop (which is NOT Maltastic - it is a different company!) and for which a Voucher can be redeemed in accordance with the terms of this Agreement.
17.1.4 "Liability" means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.
17.1.5 "Merchant" means a third party seller of the goods and/or services described on a Voucher for which a Voucher can be redeemed (and in some cases a Merchant can also be Maltastic Shop). A Merchant is NOT Maltastic.
17.1.6 "Merchant Products/Services" means goods and/or services offered by a particular Merchant which are described as part of a Voucher (and for which a Voucher can be redeemed).
17.1.7 "Microsite" means an auxiliary website operated by Maltastic which is supplementary to our main website at maltastic.com.
17.1.8 "Purchase" means the purchase of a Voucher.
17.1.9 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
17.1.10 "Service" means all or any of the services provided by Maltastic via the Website (or via other electronic - or other - communication from Maltastic) including our newsletter, emails we send you and the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
17.1.11 "Voucher" means a voucher which can be exchanged for Merchant Products/Services from a relevant Merchant, or for Maltastic Shop Goods from Maltastic Shop; in all cases subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Website from which the Voucher was Purchased. We usually call such a voucher a "Maltastic" - a word made up of the cross between group voucher and coupon!
17.1.12 "Website" means the maltastic.com website and any Microsite.