Terms and Conditions
Terms and Conditions
You acknowledge that by accessing, browsing and using the usheru app and/or website you agree to be bound by the following Terms and Conditions which may be amended from time to time. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, please refrain from using the app and website.
These Terms & Conditions were last updated on 17/02/2015. usheru reserves the right to unilaterally amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on-line. You will be bound only to the version of the Terms & Conditions you agreed to at the time you purchase an Offer.
Intended meanings for certain words In these Terms are outlined below. The following words have the meanings set out as follows. These terms and conditions apply to every Offer purchased or received from usheru.
We Love Cinema Ltd., trading as usheru ,is a company registered in Ireland with its registered office at St. Martin’s House, Waterloo Road, Dublin 4, Ireland. usheru’s company registration number is 547302 and its VAT number is 3307736QH
- 1.1 An “Offer” is a coupon or voucher, either physical or electronic, used by the holder to redeem Goods or Services outlined in the specific Offer. The Offer can be in either physical or electronic form and entitles the holder to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher. The Merchant may include the service provider (for example but not exclusively, a Cinema) and any of it’s concessions or business partners (for example but not exclusively, food & beverage or other service providers).
- 1.2 The “Merchant” is a third party supplier of good and services unrelated to usheru that sells, supplies and/or provides the Merchant Offer. Usher does not sell, supply and/or provide the Merchant Offer. It only sells and supplies the Offer Voucher.
- 1.3 The “Merchant Offer” means the goods and/or services to be supplied and/or provided by the Merchant to the Offer Holder, as specified on the usheru app or website and on the Offer.
- 1.4 "Goods" means any goods that are offered by a Merchant.
- 1.5 "user" means any user of the Website.
- 1.6 "we", "us" and "our" are a reference to usheru.
- 1.7 "you" and "your" are a reference to you.
- 1.8 "Services" means any services that are offered by a Merchant.
- 1.9 “The app” refers to the usheru app and website, www.usheru.com and any of usheru’s social media channels.
- 1.10 The “Offer Holder” refers to the person who present at the Merchant to redeem the Offer.
- 1.11 The “Rating” refers to the age rating of the film from the British Board of Film Classification
2. Purchase of an Offer.
- 2.1 You must be at least 18 years old to purchase an usheru Offer. Before you can make a purchase from usheru you need to register and create an account on the usheru app or website. By placing an order through the usheru app or website, you confirm that you are at least 18 years old and you are legally capable of entering into a binding contract. usheru reserves the right to send you administrative and promotional emails as a condition of purchase.
- 2.2 By clicking on the “Pay Now” button you submit an offer to usheru to buy the Offer. The purchase of the Offer is not complete until you receive an email from usheru confirming acceptance of your offer which is the contract between the User and usheru. The Offer which is detailed in the email is redeemable by you from the particular Merchant only. usheru reserves the right to reject any request for the purchase of an offer . usheru reserves the right to cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud to usheru, the merchant or any affiliated 3rd party of usheru or the Merchant. usheru will store user account and purchase information in order to provide the User with the best possible service.
- 2.3 The Merchant may have its own, additional terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering. Any attempted redemption of an Offer not consistent with these Terms and Conditions may render an Offer void at the Merchant’s discretion. The price of any Offer will be as quoted on the app, except in cases of obvious error.
- 2.4 If there is an obvious pricing error in relation to an Offer which could have reasonably been recognised by you as a mispricing, then we have the right to cancel any Offer issued in respect of the Offer and issue you a refund in respect of the same.
- 2.5 The expiry date for an offer is specified on the Offer.
3. Redeeming an Offer
- 3.1 Unless expressly stated otherwise the Offer can only be redeemed once, the Offer can only be redeemed with the Merchant and not with usheru, the Offer cannot be exchanged for cash and you must follow the redemption instructions associated with the offer when you redeem the Offer with the Merchant.
- 3.2 All Offers sold by usheru are single-use offers which can only be redeemed from the specified Merchant.
- 3.3 Offers are redeemable in their entirety only therefore if you redeem the offer for less than its face value, you are not entitled to a credit, cash or new offer equivalent to the difference between the face value and the amount redeemed.
- 3.4 An Offer will be for a specific screening and a specific time as stated on the Offer. In order to redeem an offer you must present it to the Merchant at least 15 minutes before the specified screening time. The Offer expires automatically after the screening begins/finishes. An Offer cannot be used for a screening other than that stated in the Offer. If an Offer is not redeemed for any reason you are not entitled to any reimibursement or compensation.
- 3.5 If the Merchant is not in a position to supply or provide the good and servises as outlined in the Offer, usheru will notify you by email as soon as possible. usheru will off you either an alternative Offer or a refund of the purchase price of the Offer.
- 3.6 Any attempt to redeem an Offer contrary to these Terms and Conditions may render an Offer void at usheru’s and/or the Merchant’s discretion.
- 3.7 Offer Holders’ age must correspond to the official Rating from the British Board of Film Classification of the film. Entry to the film will be at the discretion of the Merchant’s management onsite.
4. Use of Offers and user responsibility
- 4.1 You warrant and confirm that all information you provide on registration or anywhere in the usheru app and contained as part of your account on the app is true, complete and accurate and that you will inform us immediately of any changes to such information by updating the details in your account. You promise not to give any false data of any kind including payment details.
- 4.2 Any purchase of an Offer is for your non-commercial, personal use only. You may give the Voucher to someone else for their non-commercial, personal use.
- 4.3 You are responsible for your Offer. Neither usheru or the Merchant are responsible for lost or stolen Offers or Offer reference numbers. Neither usheru or the Merchant are responsible for retrieving reference numbers or any security codes, no matter what form they are in.
- 4.4 You promise not to engage in any unlawful activity in connection with the purchase or use of an Offer, or allow anyone else to do so.
- 4.5 It is your responsibility to ensure that you are eligible to redeem an Offer based on any Offer specific Terms and Conditions, these general Terms and Conditions and to the Merchant’s Terms and Conditions.
- 4.6 You agree to be bound by usheru’s and the Merchants’ own applicable Terms and Conditions, in relation to their own supply of their goods and services.
- 4.7 Any reproduction, commercial trade or resale of an Offer is prohibited.
- 4.8 You agree not to post reviews, comments or any other content to the usheru app or website that promotes racism, bigotry, hatred, harm or any other offence against any group or individual. You agree not to post or promote information that you know is false or misleading or promotes illegal activities or conduct. usheru reserves the right to remove any content on their website at any time without prior notice.
- 4.9 usheru reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates these provisions, including, without limitation, reporting you to appropriate law enforcement authorities.
5. Content and user responsibilities.
- 5.2 You understand that by posting reviews, comments or any other content on the usheru app, website, social media or any other media channels, you are granting us an irrevocable non-exclusive license to use such materials and information for any purpose in the course of offering the usheru services.
- 5.3 You promise and warrant that you own any content posted by you on the usheru app, website, social media or any other media channels and the posting of your content does not violate any rights of any other party or person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through the usheru app, website, social media or any other media channels.
- 5.4 You warrant that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized material such as promotional materials, advertising, spam, pyramid schemes, chain letters or any other form of solicitation or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. Merchant Responsibility
- 6.1 The Merchant is the seller of the goods and/or services under the Offer and shall be responsible for ensuring the Offer and the goods and/or services provided under the Offer comply with all applicable laws.
- 6.2 The Merchant, and not usheru, is the seller, supplier and/or provider of the Merchant Offering. The user or Offer holder enters into a contract with the merchant when the Offer is redeemed.
- 6.3 The obligations of usheru under these Terms and Conditions are solely to issue the offer voucher to you. usheru is not the seller of any goods and/or services outlined on the Offer or elsewhere. The Merchant is solely responsible for supplying such goods and/or services and redeeming any such offer voucher you purchase in respect of the same pursuant to the Merchant’s Terms and Conditions of sale.
- 6.4 The Merchant is solely responsible for providing the Offer Holder with the Merchant Offering and for the Merchant Offering itself.
If you have purchased a Ticket, you are not entitled to cancel your purchase. Please see Refunds Policy for additional detail.
8. Refunds policy
- 8.1 Given the nature of our real-time offers business, usheru has a no returns policy on Offers purchased through its app and web.
- 8.2 If you have been unable to redeem your Offer with the Merchant before the expiry of the Redemption Period through no fault of your own, you may be entitled to a refund. In order to receive a refund, you must prove to usheru’s reasonable satisfaction that your inability to redeem the Offerwas not your fault. The decision to grant a refund is within the sole discretion of usheru.
The following will lead to a termination of your use of the usheru services:
If you breach or violate these Terms and Conditions or other incorporated usheru agreements or guidelines.
Any requests by law enforcement or other government agencies.
If usheru receives an express request by you.
Any suspicion of fraud or fraudulent activities.
Unexpected technical issues or problems.
- 9.1 You agree that usheru may, with or without cause and/or prior notice, immediately terminate your usheru account and your access to any usheru Services and/or an Offer.
- 9.2 Termination of your usheru account includes removal of access to all usheru offerings and may also exclude you from further use of the usheru Services. You agree that all terminations shall be made at usheru’s sole discretion and that usheru shall not be liable to you nor any third party for any termination of your account or access to the usheru Services.
- 9.3 If you breach these Terms and Conditions and usheru takes no action against you this does not mean that usheru has waived its rights and remedies with regard to your breach. usheru may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms and Conditions.
- 10.1 Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by e-mail (other than if you are sending a notice to usheru for the purpose of legal process) or by pre-paid post. Any notice usheru sends to you will be to the address you supplied to usheru when you registered for your usheru account.
- 10.2 You agree that usheru may require that you agree to additional terms and conditions as part of any registration process and/or for particular offerings, which usheru may make available to you from time to time. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
- 10.3 These Terms of Sale are governed and interpreted by the laws of Ireland, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Ireland.