Agreement between the offer provider and 5pm:
All information given by the offer provider in relation to the Big Deal promotion is true.
Should the standard selling price change in the period between 5pm Ltd receiving the completed Big Deal Agreement and Terms & Conditions forms, and the deal being added to the site, it is the offer providers responsibility to notify 5pm of these changes. This includes all changes to relevant price lists, pricing structures, rack rates and menus.
5pm will deliver security coded vouchers to the 5pm user by email.
To redeem the voucher, the voucher recipient must make a telephone or web booking direct with the offer provider.
5pm will provide the offer provider with a list of valid security codes. It will be the offer provider's responsibility to check these codes for validity.
5pm will bear no responsibility for invalid or counterfeited vouchers.
The offer provider undertakes to provide the goods or services described on the voucher.
In particular, the offer provider undertakes to provide an equal standard of goods or services that it would provide to a "standard price" client.
The offer provider agrees that the deal advertised will be exclusive to 5pm and the offer provider agrees not to advertise any deal in that product area through any other service or social deal site for a period of one week prior to and one week after the date on which the deal is advertised on 5pm. In the event where the offer provider fails to comply with the aforementioned condition, 5pm reserves the right to charge commission at an increased rate of ten extra percentage points.
5pm reserves the right to withhold payment to the offer provider and refund the 5pm customer. 5pm will be the sole arbiter in such matters.
In the event of fresh agreements not being signed for subsequent Big Deals run by 5pm on behalf of the offer provider, the offer provider agrees that these terms and conditions will apply to these subsequent deals.
The offer provider acknowledges and accepts the 5pm Ltd Terms and Conditions, which can be found at:
From our terms and conditions for consumers, specific attention is drawn to the following excerpt:
"Prepaid Services, including Health & Beauty and Takeaway and "The Big Deal"
In relation to Prepaid Services, 5pm is acting as a disclosed agent for each of the third party offer providers specified on this site. In particular, 5pm is acting as a collection agent for payment of sums due to those offer providers. Accordingly 5pm do not control the provision of any goods or services purchased by you from such offer providers. The contract therefore which will govern the purchase by you of goods and services from the relevant offer provider will at all times be the relevant offer provider's terms and conditions, details of which are available direct from the relevant offer provider. In that regard, any decision relating to cancellation or returns will accordingly be in the hands of the relevant offer provider and will be in accordance with their terms and conditions of business.
5pm will not be liable for any negligent act or omission by any offer provider contracting with you for the provision of their goods and services nor will 5pm be liable for any misrepresentation made by the relevant offer provider to you.
5pm will accept liability solely for matters which arise as a result of our negligence and/or our breach of any duty to exercise care in making arrangements as agent of the relevant offer provider to collect sums due by you to the relevant offer provider under your contract with the relevant offer provider. 5pm will not however be liable for any consequential, indirect or special loss so incurred by you."
This contract is governed by the Law of Scotland