Hide Terms & Conditions

DizDrop Terms & Conditions.

(27/10/2022)

This website Dizdrop.com (“Site”) is operated by Green & Green Ltd (“DizDrop”, “we”, “our” or “us”). We are registered in England and Wales under company number (coming soon) and have our registered office at (coming soon).

Where we facilitate third party advertisers (also known as “Merchants”) on the Site, such offers are governed by the DizDrop Contract Terms and Conditions as set out below.

Where users are subscribed and or non-subscribed users of the Site, such users of the site are governed by the DizDrop Contract Terms and Conditions as set out below.

Subscribed users and non-subscribed users Terms and Conditions.

Users of the Site

The user understands in using the Site that we only promote third party discount offers. We do not in any way guarantee the accuracy of the third party discount offers. However we advise users to rate such third party offers for the accuracy of both the actual value of the offer(s) and the service received in the third party facilitation of such.

This means you are entering into a separate contract with the Merchant who will, in exchange for the discount offered, provide the product or service as advertised on an unvetted basis. DizDrop does not guarantee the accuracy, timeliness or correctness of the third party advertiser offer(s).

Further to this users of the site on travelling to and or entering a third party advertisers place of business do so at their own risk.

Users of the site also understand that any product or service offered by third party advertisers on the site do so at their own risk, where products and or services are redeemed and or used outside the physical premise of the merchants normal place of business.

The User understands and agrees that it is the responsibility of the User to ensure that when undertaking a transaction with a Merchant on the Site, that the user is responsible in that they are making a transaction without negating any relevant laws within the physical jurisdiction where the transaction is taking place.

When posting comments and or interacting with users and or Merchants within the site and or outside of the site, the user understands that it is forbidden to use any form of abusive,  discriminatory and or prejudice language against any such user and or Merchant.

User Status

By using the Site, you warrant that:

You are legally capable of entering into single transactions and or ongoing contracts with third party advertisers;and

You are at least 18 years old.

Password Security

You must safeguard your password for, and supervise use of, DizDrop’s self-serve platform and tools, including, without limitation, and all information concerning purchases of the Merchant Discount Offering (together 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 your Account is you or is authorised by you to do so. You agree that you are solely responsible and liable for any activity that occurs under your Account.

Our Liability

The user understands that we do not facilitate transactions between third party advertisers and the user. Any dispute for monetary refund can only be sought from the third party advertiser (Merchant).

Our liability for losses you suffer as a result of using the Site is zero, breaking these terms and conditions is strictly limited to the purchase price of the third party advertiser(s) and is only redeemable from the third party advertiser(s).  

The user understands and agrees that any refund can only be received from the third party advertiser and that DizDrop is in no way liable for promoting unvetted third party advertisers discount offer(s).

The user understands that DizDrop is not responsible for products or services and or any other goods redeemed from a third party advertiser on a buy now basis and or future contract basis.

The user understands that the third party advertiser is solely liable to you for all and any products and/or any goods and/or services which the third part advertiser provides to you.

The user understands that before entering into a transaction with a third party advertiser they should do their own research on the Merchant to make sure that they are happy with the advertiser and the products and services offered at discount.

The user understands that DizDrop is not included or limited in any way our liability:

for death or personal injury caused by our negligence;

under section 2(3) of the Consumer Protection Act 1987;

for fraud or fraudulent misrepresentation; or

for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

The user understands that DizDrop will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:

loss of income or revenue;

loss of business;

loss of profits;

loss of anticipated savings;

loss of data;

waste of management or office time; or

indirect, special or consequential loss.

The user understands that we are not responsible or liable to you:

for travel, accommodation and other costs and expenses incurred by you in attending the Merchant’s premises and/or a reservation, appointment, even if such costs or expenses are wasted or unrecoverable as a result of the cancellation, rescheduling or alteration of a reservation, appointment or an event; and

for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered or delivery of a product and or service has been delayed; and

for (i) any time taken off work by you to wait in for a delivery or attend a cancelled, rescheduled or altered reservation, appointment or event and (ii) any costs incurred by you (including but not limited to any costs relating to your “time” or “inconvenience”) to liaise with a Merchant in relation the third party advertisers products and or services; and

if admission to a Merchant’s is refused at any time as a result of your breach of any the Merchant’s terms and conditions including but not limited to failure to adhere to their cancellation policies or dress codes and, in such cases, you will not be entitled to a refund.

Merchant responsibilities:

For clarification the Merchant is the party promoting a discount deal via the Site. On using our services the Merchant is bound by the Terms and conditions as set out herein. 

Merchants are forbidden to offer the following products and or services on the Site:

General;

Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs.

Fake references or ID-providing services.

Telecommunications manipulation equipment including jamming devices.

Any business or organization that (a.) engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or (b) engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to.

Products and services that infringe intellectual property rights.

Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization.

Counterfeit goods; illegally imported or exported products.

Unauthorized sale of brand name or designer products or services.

Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party.

Products and services that are unfair, predatory, or deceptive.

Pyramid schemes;

‘Get rich quick’ schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase.

No value added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value.

Sales of online traffic or engagement.

Negative response marketing and telemarketing.

Predatory mortgage consulting, lending, credit repair and counseling services.

Predatory investment opportunities with no or low money down.

Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales.

Any other businesses that DizDrop considers unfair, deceptive, or predatory towards consumers.

Adult content and services;

Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts.

Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features.

Adult video stores.

Gentleman’s clubs, topless bars, and strip clubs.

Certain legal services;

Law firms collecting funds for purposes other than legal service fee payment.

Bankruptcy attorneys.

Bail bonds.

Firearms, explosives and dangerous materials;

Guns, gunpowders, ammunitions, weapons, fireworks and other explosives.

Peptides, research chemicals, and other toxic, flammable and radioactive materials.

Gambling;

Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with for a monetary or material prize.

Sports forecasting or odds making with a monetary or material prize.

Lotteries.

Bidding fee auctions.

Marijuana;

Cannabis products.

Cannabis dispensaries and related businesses.

Products containing any amount of CBD/THC.

Further:

Merchants are further forbidden from offering discount promotions of products;

With false, manipulated, inaccurate, or misleading information regarding singular identity, business entity, the nature of business, and any other information requested by DizDrop (you must inform us immediately of any changes to your personal and business information).

Merchants are forbidden in facilitating transactions on behalf of another undisclosed merchant or for products/services that were not disclosed in the merchant’s originating account application and or marketing campaign.

Advertising campaigns where there is no bona fide good or service sold are forbidden.

Evasion of card network chargeback monitoring programs.

Cross-border acquiring where the business address of the merchant is outside of the jurisdiction of the originating entities business.

Sharing user(s) information with another merchant for payment cross-sell products or services.

Use of DizDrop’s intellectual property without prior written consent from us, unless this is provided by us for on premise marketing purposes; use of the DizDrop name or logo including use of DizDrop trade or service marks,or any action that implies an untrue endorsement by or affiliation with DizDrop.

The types of businesses listed are representative but not exhaustive.

The merchant agrees to and understands that DizDrop does not process or transact any monetary exchange between the Merchant and the end user. The Merchant further understands and agrees that DizDrop is in no way liable for any transaction between the Merchant and the end user, the Merchant understands that it is the responsibility of the Merchant to ensure any monetary transaction with the end user(s) is between said user and Merchant. It is the responsibility of the merchant to ensure such transactions are conducted within the scope of the applicable law within their operating jurisdiction of their physical business enterprise.

This Agreement will continue in effect until terminated by either party in accordance with this Section.

The Merchant understands when using the website they must offer a fair and reasonable discount offer over and above the normal sale price of a product and service. The Merchant further understands that Dizdrop actively promotes to its end users to rate these discount offers and the delivery of these discount offers  in an open public forum. The Merchant understands and agrees that any comments in the public forum held on this Site and or directed through third parties outside of the scope of this Site are non-contestable by the Merchant, in that they are deemed to be accurate without vetting by DizDrop.

Dizdrop is authorized to terminate this Agreement, at any time for any reason, upon written notice to Merchant.  Termination of this Agreement will not in any way affect Merchant’s obligation to redeem any forward promotional discount offer(s) to the end user of this website. According to the terms of this Agreement, including the obligation to honour the forward discounts as advertised on the site for the Amount Paid after the Promotional Value Expiration Date of the end user. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.

All merchant offers must adhere to the latest consumer governmental legislation of the domicile of the registered business and or physical domicile of the transaction appropriate domicile.

Marketing

Dizdrop and its business partners may communicate with Merchant with regard to products, promotions, and other services that may be of interest to Merchant. This may include email or other communications. DizDrop may also solicit Merchant’s opinion for market research purposes.

Intellectual Property Rights

Merchant grants to DizDrop a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) Merchant’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by Merchant (collectively, “Merchant IP”); and (b) any third party’s name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Merchant (collectively, “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the Merchant Offering in all media or formats now known or hereinafter developed (“License”). Any use of the Merchant IP or Third Party IP as contemplated in this Agreement is within DizDrops’s sole discretion.

Merchant acknowledges and agrees that, as between the parties, DizDrop owns all interest in and to the Website, Customer Data, DizDrop trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by DizDrop or at DizDrop’s direction, or assigned to DizDrop, and any materials, software, technology or tools used or provided by DizDrop to promote, sell/resell (as may be applicable) or distribute the Merchant Offering and conduct its business in connection therewith (collectively “DizDrop IP”). Merchant shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the DizDrop IP or any portion thereof, or use such DizDrop IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that DizDrop grants Merchant a limited, non-exclusive, revocable, non-transferable, non-sub licensable license during the Term to use one copy of DizDrop’s mobile merchant software application on a single mobile computer, tablet computer, or other device, solely for the purposes permitted by that software, and to make one copy of the software for back-up purposes. Merchant shall keep the DizDrop IP confidential, and shall not prepare any derivative work based on the DizDrop IP or translate, reverse engineer, decompile or disassemble the DizDrop IP. Merchant shall not take any action to challenge or object to the validity of DizDrop’s rights in the DizDrop IP or DizDrop’s ownership or registration thereof. Except as specifically provided in this Agreement, Merchant and any third party assisting Merchant with its obligations in this Agreement, are not authorized to use DizDrop IP in any medium without prior written approval from an authorized representative of DizDrop. Merchant shall not include any trade name, trademark, service mark, domain name, social media identifier, of DizDrop or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Merchant shall not use or display any DizDrop IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between Merchant or a third party and DizDrop. All rights to the DizDrop IP not expressly granted in this Agreement are reserved by DizDrop.

If Merchant provides DizDrop or any of its affiliates with feedback, suggestions, reviews, modifications, data, images, text, or other information or content about a DizDrop product or service or otherwise in connection with this Agreement, any DizDrop IP, or Merchant’s participation in the Merchant Offering or Voucher, (collectively, “Feedback”), Merchant irrevocably assigns to DizDrop all right, title, and interest in and to Feedback. In the event your assignment to DizDrop is invalid for any reason, you hereby irrevocably grant DizDrop and its affiliates a perpetual, paid-up, royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (i) use, reproduce, perform, display, and distribute Feedback; (ii) adapt, modify, re-format, and create derivative works of Feedback for any purpose and sublicense the foregoing rights to any other person or entity. Merchant warrants that: (A) Feedback is Merchant’s original work, or Merchant obtained Feedback in a lawful manner; and (B) DizDrop and its sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. Merchant agrees to provide DizDrop such assistance as DizDrop might require to document, perfect, or maintain DizDrop’s rights in and to Feedback.

Representations and Warranties

Merchant represents and warrants that: (a) Merchant has the right, power and authority to enter into this Agreement; (b) Merchant, if required by applicable law, is registered for sales and use tax collection purposes in all jurisdictions where Merchant’s goods and services will be provided; (c) the discount offer, upon being advertised by dizdrop, will be available immediately for redemption and the Merchant will have sufficient goods and/or services available for redemption through the Promotional Value Expiration Date (i.e., a number of goods and/or services sufficient to fulfill its redemption obligations in connection with the applicable Maximum Number of discount offers); (d) the terms and conditions of the discount offer, including any discounts or goods and services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol and any laws governing vouchers, gift cards, coupons, and gift certificates; (e) the Merchant’s redemption of the discount offer in the transaction with the end user will result in the bona fide provision of goods and/or services by Merchant to the purchaser; (f) Merchant owns all interest in and to the Merchant IP and has licensing rights in (with the right to sublicense to DizDrop) the Third Party IP, and has the right to grant the License stated in this Agreement; (g) the Merchant IP and the Third Party IP, the Merchant Offering, DizDrop’s use and promotion thereof, and the results of such Merchant Offerings, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (h) the Merchant IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (i) the discount offers and any advertising or promotion of Merchant’s goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (j) Merchant and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any Merchant Offering to provide the goods or services described in this Agreement; (k) Merchant’s business information and direct deposit details as provided in this Agreement, indicating where payments should be forwarded are accurate and Merchant is the authorized entity to receive the funds; (l) Merchant is not authorized to resell, broker or otherwise disclose any Customer Data (as defined in this Agreement) to any third party, in whole or in part, for any purpose, and Merchant is not authorized to copy or otherwise reproduce any Customer Data other than for the purpose of redeeming or verifying the validity of the discount offer  in connection with this Agreement (m) the Merchant Offering is: (i) free from defects in workmanship, materials and design, (ii) merchantable and suitable for the purposes, if any, stated in the Agreement, and (iii) genuine, bona fide products, as described herein and does not violate the rights of any third party.

Indemnification

To the extent allowed under applicable law, Merchant agrees to defend, indemnify and hold DizDrop, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Merchant of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of Merchant arising from the sale and redemption of a discount offer; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed discount offers  or unredeemed cash values of discount offers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation by Merchant or governing Merchant’s goods and/or services; (e) any claim arising out of Merchant’s violation of law or regulation governing the use, sale, and distribution of alcohol; (f) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by Merchant and/or pick up of the goods and services at the Redemption Site, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (g) any claim by a purchaser for the Amount Paid; (h) any claim arising out of Merchant’s misuse of Customer Data, or any violation of an applicable data privacy or security law; and (i) any claim arising out of Merchant’s negligence, fraud or wilful misconduct. DizDrop maintains the right to control its own defence and to choose and appoint its own defence counsel, regardless of the presence or absence of a conflict of interest between DizDrop and Merchant. Merchant’s duty to defend and indemnify DizDrop includes the duty to pay DizDrop’s reasonable attorneys’ fees and costs, including any expert fees.

Confidentiality

The terms for the Merchant Offering described in this Agreement are confidential, and Merchant agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if Merchant has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, DizDrop is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).

Limitation of Liability

EXCEPT FOR MERCHANT’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT IS EITHER PARTY LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST BUSINESS, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. DIZDROP’S SOLE AND COMPLETE LIABILITY TO MERCHANT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF ANY DISCOUNT OFFER PRMOTED THROUGH THE SITE IS ZERO.  

Other

The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.

This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

Merchant is not authorized to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without DizDrop’s prior written consent. Any waiver must be in writing and signed by an authorized signatory of DizDrop. DizDrop is authorized to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business, or by operation of law, without notice to Merchant.

If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DIZDROP DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MERCHANT OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR MERCHANT.

Password Security. You must safeguard your password for, and supervise use of, DizDrop’s self-serve platform and tools, including, without limitation, back office & drag and drop technology, and all information concerning purchases of the Merchant Discount Offering (together 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 your Account is you or is authorised by you to do so. You agree that you are solely responsible and liable for any activity that occurs under your Account.