Terms and Privacy

Froogalicious Terms, Conditions and Privacy Policies
(last updated February 2011)

PLEASE READ THESE TERMS, CONDITIONS AND PRIVACY POLICIES CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY AND TO OUR WEBSITE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

Froogalicious handles your personal information with the utmost protection. This privacy policy describes our practices regarding the collection, use and sharing of your personal information. By using our website you consent and agree to the collection, use and disclosure of personal information and to the privacy practices set out in this policy. We expressly reserve the right to change this privacy policy at any time.

Your permission to use Froogalicious is contingent on the following:
YOU:
-  are 18 years of age or older to purchase any Deal on our website;
- will not copy or distribute any part of the website in any medium without prior written approval;
- are solely responsible for your User ID and the activity that occurs while signed in to or while - - using Froogalicious;
- will provide accurate information when creating an account or registering for our Services
- will not harvest or collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Froogalicious to use any and all Content submitted by you to Froogalicious in accordance with the licenses granted in this Agreement;
- will not use the communication systems provided by or contacts made on Froogalicious for any commercial solicitation purposes;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Froogalicious; and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Visitor material and conduct:
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes if we so decide to.

Newsletters:
You may sign up and subscribe to receive our newsletters. We may use the information that you provide to us, such as your date of birth, sex, or other preferences, to provide customized newsletters that may be of interest to you. You have the option to unsubscribe to newsletters at anytime.

Your General Information:
What we do with your email address:  You'll receive our daily Froogalicious offer in your inbox (if you have signed up for it), and occasional alerts relating to your purchase(s). We will NEVER sell or distribute your personal information to third parties.

What we do with your credit card and billing information:  This data is recorded via a Secure Socket Layer connection (SSL) and is fully encrypted. This and your other personal information is safe and secure and will only be used for your intended purpose.  We do not store any of your credit card information on our servers. We use a secure third-party processor to process and manage all your financial transactions on our site. 

You are prohibited from posting or transmitting to or from our Website any material:
that is pornographic, offensive, threatening, defamatory, discriminatory, obscene, indecent, seditious, abusive, blasphemous, liable to incite racial hatred, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licenses and/or permissions; 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; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, logic bombs, corrupted data or other malicious software or harmful data). You may not misuse the Website by hacking or any other form. We shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.

Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Website, such as creating an account, ordering a product or service from us or our partners, submitting content and/or posting content in discussion forums, entering a contest or sweepstakes sponsored by us or our partners, filling out a survey, posting a review, sending us or our partners feedback, requesting information about our services, submitting an affiliate agreement, applying for a job, posting a video or signing up for special offers from third parties through the Website (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an “Identification Activity”. If you elect to engage in an “Identification Activity”, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip/postal code), email address, telephone number and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We use Personally Identifiable Information to provide products and services to you, administer sweepstakes and contests, enhance the operation of the Website, improve our marketing and promotional efforts, analyze Website usage, improve our product and service offerings, and to tailor your experience with third parties as provided within this Privacy Policy. For example, if you send our customer service an email we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Website. In addition, if you use our Website to send information or a product to another person, we may store your personal information, and the personal information of any recipient. We may use that other person’s contact information to allow him or her to view and accept your gift or to allow the recipient to access the information you requested we send. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.  Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy. We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.

Equipment:
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Froogalicious shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

General Rules:
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Froogalicious), and you agree not to post or use any Content in any manner that: infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, violates the privacy, publicity, or other rights of third parties, is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Froogalicious in its sole discretion, is false or inaccurate, or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties. Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.  Children: Minors under the age of 13 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 13, and no part of the Website is designed to attract anyone under the age of 13.  Public Areas: We may provide areas on our Website where you can publicly post information about yourself, can communicate with others, or can review products, restaurants, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.

Links to and from other websites.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

We may share your information in a Business Transfer: As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy.

TERMS OF SALE

 

The Voucher you purchase through Froogalicious is redeemable for goods or services offered by the Merchant. Froogalicious, is not the Merchant of the goods and services offered on Froogalicious. You and the Merchant are solely responsible for redeeming any Voucher you purchase. Froogalicious offers Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

All vouchers printed from our Site or any other website associated with Froogalicious (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through Froogalicious to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through Froogalicious, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. You are required to create an account in order to purchase any Froogalicious voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

Terms and Conditions for Restaurant-Specific Vouchers.

For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Froogalicious vouchers.

Frequency redemption is determined by Restaurants, and shall be contained in the Voucher offer on the Froogalicious site.

Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable laws.

Froogalicious vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.

Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

Valid for dine in only unless otherwise stated.

The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.

Neither Froogalicious nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.

Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.

Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.

Void to the extent prohibited by law.

If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. . For example, if you paid $40 for a Voucher which entitles you to purchase $80 of product by march 1, 2011 and you make a purchase for $60 on February 20, 2011, you will only be entitled to a credit or cash equal to the difference between the $80 face value and the amount you redeemed from the Merchant (i.e., $20) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Froogalicious’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Froogalicious has no role in such determination or action on the part of the Merchant.

Terms and Conditions for Non-Restaurant Merchant Vouchers

Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.

The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.

Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.

Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.

Neither Froogalicious nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.

Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.

Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $40 for a Voucher which entitles you to purchase $80 of product by march 1, 2011 and you make a purchase for $60 on February 20, 2011, you will only be entitled to a credit or cash equal to the difference between the $80 face value and the amount you redeemed from the Merchant (i.e., $20) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

Contact information for Froogalicious’s Copyright Agent for notice of claims of copyright infringement is as follows:

International Equity Group, Inc.
Attn: Copyright Agent
5757 W Century Blvd., Ste. 700
Los Angeles, CA 90045
copyright@froogalicious.com

Contact Info:
For questions or concerns regarding your personal information and our privacy policy, or to update, correct or delete your personal information, please contact us at support@froogalicious.com.

 

Returns:
In general, all sales are final. Unless there is something wrong with the purchase or the deal is significantly different from what was advertized, we are generally unable to offer refunds.  If you would like to discuss returning an Froogalicious voucher contact us at returns@froogalicious.com.