Terms and Conditions

  • General

    This website provides an online service operated by Machovy, Inc. on the world wide web consisting of the offer for sale and fulfillment of discount vouchers ("Vouchers") offered by various merchants ("Merchants") which may be exchanged for goods and/or services provided by Merchants and/or third parties. This Agreement sets forth the terms and conditions that apply to the use of this website by you, the end user. By using this website, you agree to comply with and be bound by all of the terms and conditions set forth herein. The right to use this site is personal to you, and is not transferable to any other person or entity.

  • Modification of Terms and Conditions

    Machovy, Inc. reserves the right at all times to change or discontinue any of these Terms and Conditions to the extent deemed necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. Such changes may include, among other things, the adding of certain fees or charges. Any changes to these Terms and Conditions will take effect upon the earlier of our action to send an e-mail notice to you or our posting of notice of the changes on our website. However, no changes to these Terms and Conditions will apply to Vouchers purchased prior to the effective date of such changes, unless such Terms and Conditions are more favorable to the purchasers of such Vouchers.

  • Using a Credit Card and your Billing/Statement

    Machovy, Inc. does not sell products to children or teens, but does sell to adults, who can purchase with a credit card. If you are under 18, you may use a Machovy, Inc. site only with the involvement of a parent or guardian. Machovy, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

  • Expiration Dates/Disputes/Closed Merchants

    The expiration date on the Voucher sets forth the last date on which you can redeem your Voucher for the full promotional value as stated on the Voucher, but applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for the Voucher for a period of time beyond that expiration date. If you have an expired Voucher and would like to redeem it, please present it at the Merchant to redeem the Voucher for the price paid for it. If you have presented the Voucher to the Merchant and the Merchant has refused to either redeem the Voucher for the purchase price or refund the purchase price to you, your remedy is vis-a-vis the Merchant. Machovy is not an arbitor and all disputes must be resolved directly with the Merchant. Failure to resolve the same may necessitate legal action by you directly against the Merchant. Machovy directly disclaims any such liability. However, if the Merchant has closed and the prior redemption of the Voucher has not occurred, and it is prior to the expiration date, then and only in that case, Machovy will refund the money paid for the Voucher.

  • Order Acceptance

    Your order is not complete or guaranteed until you complete all screens. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service, with notice to you if this should occur, and apply a credit to your credit card if applicable.

  • Your Acceptance of Vouchers, Certificates and/or Merchant Provided Cards

    Machovy, Inc. and its websites may offer third party certificates or merchant provided cards for sale. Except as set forth in these Terms and Conditions, neither Machovy, Inc. nor its vendors are responsible for the actual available usage duration of any certificate or card, or the policies of the various businesses who provide the cards and certificates. Please contact the retailer or service provider directly to confirm any restrictions, if any.

  • Third Party Content

    Machovy, Inc., similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Machovy, Inc. has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Machovy, Inc.. Neither Machovy, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 9 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

    In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Machovy, Inc. Machovy, Inc., neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Machovy, Inc., by anyone other than authorized Machovy, Inc., employee spokespersons while acting in official capacities. Under no circumstances will Machovy, Inc., be liable for any loss or damage caused by End User's reliance on information obtained Machovy, Inc.. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Machovy, Inc.

    Machovy, Inc. contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Machovy, Inc., of the contents on such third-party websites and Machovy, Inc., hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Machovy, Inc., expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Machovy, Inc. reserves the right to revoke its consent to any link at any time in its sole discretion.

  • Indemnity

    You agree to defend, indemnify and hold harmless Machovy, Inc. its affiliates, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from (i) your use of and access to Machovy, Inc.; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Machovy, Inc.

  • DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

    END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT END USER'S SOLE RISK. NEITHER MACHOVY, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNITERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.

    IN NO EVENT SHALL MACHOVY, INC., BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL MACHOVY, INC.'S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY THE END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

    MACHOVY, INC. IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MACHOVY, INC. MOREOVER, MACHOVY, INC. RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, MACHOVY, INC., DEEMS UNSUITABLE.

  • Applicable Law

    You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through Machovy, Inc. and/or the Website Promotional Certificate shall be governed by and in accordance with the laws of the Commonwealth of Pennsylvania (exclusive of its rules regarding conflict of laws). The parties agree to venue and jurisdiction in Courts of Common Pleas of Allegheny County, Pennsylvania and the United States District Court for the Western District of Pennsylvania.

  • Termination

    We may change or discontinue the website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease to access to the website and Services. Any Voucher, Certificate or Good issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher, Certificate or sale of Goods.