Miconex Terms and Conditions
1.1 Miconex offers an online search engine for ticketing services for events and local promotions to be redeemed either online or at the point of sale including ("the Service"). “Miconex” is a trading name of Miconex Ltd, a company registered in Scotland (Company Number SC430741) with the registered office at Balmoral Suite, British Legion House, Perth, PH2 8HA.
1.2 By using this Website and/or subscribing to Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Miconex provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by Miconex on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement:-
“Agreement” means these terms and conditions together with the Subscriber’s registration as confirmed in Miconex’s Registration Confirmation.
“Subscriber” means a User who registers and subscribes for the Service.
“Completion” means the date when Miconex makes the Offer available to the Subscriber via email.
“Completed Registration” means a successful registration via the Website. The Subscriber will also have the option to sign in through Twitter or Facebook: please note the Subscriber will be subject to 3rd party terms and conditions in these circumstances.
“Inactive Subscriber” means a User who has not accessed the Service at least once in a 6 month period.
“Company or Company’s” means the business (es) which offer Promotions through the Miconex Website aimed at consumers and the general public and who is the party who ultimately provides the fulfilment of the goods or service which comprise the Offer.
"Information" means any and all material contained in this Website.
“Miconex Software” means the software that is hosted on the Website.
“Offer or Offers” means the local offers or promotions accessed via the Miconex platform.
“Offer Information” means the information provided by Miconex to the Subscriber to allow them to redeem the Offer includes the Promotional Code.
“Voucher” means the Offer provided on the Website which is redeemed via the Company website or in-store via the EPOS system.
“Miconex Mobile APP” means the App provided by Miconex through both Apple and Android to allow the Subscriber the Subscriber to redeem Offers via mobile.
“EPOS ” means the electronic point of sale
“the User” and “You” means anyone who uses this Website. p>
“the Website” means the Miconex website operating under the domain name of this website.
“Share an Offer “means the Subscriber introducing Miconex Services to another potential User, as described on the Website and accessed via the ‘Share with a Friend’ button (subject to either Facebook or Twitter terms and conditions).
“Bytemark” means the 3rd party partner company who facilitates the ticketing service including taking payment, subject to their terms and conditions.
“Registration Confirmation” means the email acceptance sent by Miconex following receipt of the Subscriber’s registration.
“the Service Commencement Date" shall be the date the Service is available following the Registration Confirmation and as set out on the Website.
2. Service provision
2.1 Miconex will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.
2.2 Miconex will use all reasonable endeavours to provide the Service as described on the Website.
2.3 Miconex may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
2.4 Miconex encourages any interested or potential Business User to make contact with Miconex if they would like further information on our cloud based service. We are contactable on firstname.lastname@example.org.
2.5 Miconex provides email Subscriber support available at enquiries@mi- cnx.com and for telephone based Subscriber support the Subscriber can contact us on 01738 444376. Miconex will endeavour to achieve a response time of 4 hours unless otherwise agreed in the Order Confirmation. The Subscriber Support will be generally available between 9.00am and 8.00pm, Monday to Friday (excluding public holidays or statutory holidays). The fix time for any technical issue will depend upon the complexity of the Subscriber issue; however we will endeavour to resolve the problem as soon as possible.
2.6 Where the User has become an Inactive User, Miconex reserves the right to contact the User. Failure of the User to resume use of the Service within a further 6 month period may result in immediate termination of the Service.
2.7 The use of duplicate registrations by the Subscriber may result in the individual being prevented from using the Service.
2.8 The Subscriber must be aware the frequency of the Offer and the number of times an Offer can be redeemed is subject to the Companies’ terms and conditions.
2.9 Post registration, the Subscriber will have access to all of the Miconex Service.
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying Konect software code are owned by, licensed or authorised to Miconex, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Miconex Ltd or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use or some of the website shared through ‘Facebook and Twitter’ button on the Website.
4. Basis of Use of the Website
4.1 You agree to the following:-
4.1.1 that the Subscriber are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website (“the Information”) at any time; unless through ‘Share with a Friend’ more fully described on the Website.
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not use the Website or the Information in any manner which may constitute an infringement of any 3rd party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.6 that You shall not run any tools – other than those tools provided by Miconex - on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
4.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Miconex at all times;
4.1.8 that You will indemnify and keep indemnified Miconex against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4.2 The User agrees that in respect of the Miconex sharing feature, Miconex reserve the right to amend this limit from time to time.
5. Subscriber Obligations
5.1 No Agreement in respect of any Services shall exist between us and the Subscriber until your registration has been accepted by us by means of a Registration Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
5.2 Registrations must be submitted electronically via the Website. To do so, the Subscriber will be required to follow the online registration process. When doing so, the Subscriber will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Subscriber agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Subscriber must inform us immediately if the Subscriber become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By subscribing, the Subscriber hereby warrant that all information submitted by the Subscriber is true, current and complete. Miconex Ltd reserves the right to verify the eligibility of all subscribers.
5.4 The Subscriber shall pay no charges to use the Service.
5.5 Without prejudice to its rights in terms of Clause 7 hereof, Miconex is entitled to suspend or terminate the Subscriber's use of the Service if the Subscriber fails to comply with any of its obligations under clauses 4 and 5 herein.
5.6 The Subscriber agrees to provide Miconex with all necessary registration information required as stated in the Website.
5.7 The Subscriber must cooperate with Miconex and follow the instructions on the Website including;
5.7.1 the Subscriber must be registered through Facebook or Twitter or directly through the Website to redeem an Offer.
5.7.2 the Subscriber must use the Voucher online or must print the Voucher and present it to the Company to redeem the Offer.
5.7.3 the Subscriber has the option to share an Offer on Facebook or twitter.
5.8 Ticketing Services are subject to the following additional terms and conditions including that the Subscriber:
5.8.1 must print the ticket or display the email to the vendor at the point of redemption;
5.8.2 has the option to add the event to their diary or calendar; and
5.8.3 must in order to use the mobile ticketing option, first register and download the Miconex Mobile APP.
5.8.4 will be subject to such other terms and conditions as Bytemark may impose, including refunds policy where applicable.
6. Cancellation by the Subscriber
6.1 Due to the nature of the Service, the Subscriber may terminate at any time.
7. Cancellation by Us
7.1 Miconex shall be entitled to suspend the Service in accordance with clause 5.5.
7.2 Without prejudice to any other rights to which it may be entitled, Miconex may terminate provision or use of the Service respectively with immediate effect if the Subscriber commits any material breach of any of the terms of this Agreement.
7.3 Miconex will not tolerate Users being rude or offensive or otherwise abusing the ‘Miconex’ Service in any way and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Miconex’ s discretion).
8.1 Miconex undertakes to use reasonable skill and care in providing the Service as described on the Website.
8.2 Miconex makes no warranties as to the description of the Offer, goods, services or any claims in the advertising or any information provided as part of any Offer. Offers are provided on an "as is basis", with no express or implied claims to the suitability, functionality, usability, reliability thereof.
8.3 Miconex publishes information concerning Offers which has been received by us from the Companies. As such Miconex are not responsible for content or information displayed on the Website but will endeavour to monitor content and remove any material that it is found to be inaccurate or offensive. The information or content that is published relating to each Offer is provided by the Companies and Miconex does not warrant the accuracy, truthfulness, advice or completeness of any Offer terms described.
8.4 Miconex will provide access to Offers through content provided by Companies. Miconex are not responsible for fulfilment of any Offer and so do not offer any refunds policy.
9. Disclaimer and Limitation of Liability
9.1 The User uses the Service at its own risk and in no event shall Miconex be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Miconex’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, loss of or corruption of data or the User's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
9.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Miconex becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Miconex ’s negligence) or otherwise, will not exceed the total value of the Offer redeemed immediately preceding such liability arising.
9.3 The User must make every effort to secure their username, passwords details and should not under any circumstance disclose their username and password and details to a 3rd party or by an email request. Miconex , nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
9.4 It is the Users responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
9.5 Miconex cannot guarantee 100% uptime and endeavours to provide services as described on the Website.
9.6 Miconex is not responsible for any technical issue with regards the redemption of any Voucher through the company’s EPOS or point of sale. The redemption is post completion of the Miconex Service.
9.7 The Subscriber must be aware that the Offers are perishable and the Subscriber has until the date displayed on the Website for the relevant Offer to redeem.
10. Force Majeure
10.1 Miconex shall not be liable to the Subscriber or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a 3rd party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
11. Statutory Information
This website is owned and operated by:
The Old Academy,
Email: email@example.com p>
13.1 Miconex Ltd shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The User may not assign or transfer any of your rights or obligations without our written consent.
14.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Subscriber agree to submit to the non-exclusive jurisdiction of the Scottish courts.
15.1 Failure or delay by Miconex in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
15.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials is the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Miconex Ltd a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.