Terms of use

  1. TERMS ACCEPTANCE

Hoomster Shop Smart (hereinafter referred to as “ShopSmart”, “we”, “us”, or “our”) provides a digital coupon marketplace in the US (the “Services”) which includes, and is accessible via the website published at shop.hoomster.com (and any other websites with ShopSmart branding that link to these Terms) (collectively, the “Site”). The Services, for example, allow users to access coupons of certain third-party merchants (“Merchants”) for online use. By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and ShopSmart. Please read carefully these Terms and our Privacy Policy and which is incorporated by reference into these Terms.

If you do not agree to these terms, please do not use the Services.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited

2. USER ELIGIBILITY

The Website is intended for users who are 18 years of age or older. By using the Website, you represent that you meet this eligibility requirement.

3. USE OF THE WEBSITE

3.1 Permitted Use

You may use the Website solely for personal, non-commercial purposes and in compliance with these Terms.

3.2 Prohibited Use

You agree not to:

  • Interfere with the Website’s operation or security.
  • Use the Website for any unlawful purpose.
  • Distribute or post spam, unsolicited emails, or similar communications.
  • Reverse engineer, modify, or create derivative works of the Website.

4. DISCLAIMER OF WARRANTIES

The Website is provided “as is” and “as available” without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

5. AFFILIATE RELATIONSHIPS

The Website generates income through affiliate relationships with merchants. When you click on links to merchant websites or use promotional codes, we may receive a commission. These commissions do not affect the prices or offers presented to you.

6. USER ACCOUNTS

6.1 Registration

To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with ShopSmart (“Account”). You represent and warrant that all information provided by you to ShopSmart is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

6.2 Password and Security

As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify ShopSmart immediately if you become aware of any unauthorized use of your account(s).

6.3 Privacy

ShopSmart respects the privacy of the users. The Privacy Policy provided via the Site, and which may be found at Privacy Policy, is expressly incorporated herein by reference and made a part of these Terms.

7. LICENSE TO SHOPSMART

By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to ShopSmart, you are granting ShopSmart, a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of ShopSmart license rights to others. You further waive any and all moral rights in and to such content in favor of ShopSmart . For greater certainty, this means that, among other things, ShopSmart has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

8. ACCURACY

ShopSmart makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Services.

ShopSmart is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services. ShopSmart is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use.

ShopSmart does not and cannot review all material made available through websites linked or linking to any part of the Services. ShopSmart does not warrant that the Services or any functions contained in ShopSmart content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs.

IN NO EVENT SHALL SHOPSMART OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SHOPSMART WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

9. LINKING

You understand that any linking to or from the Services does not imply in any way that ShopSmart is endorsed by any third party or that ShopSmart endorses or is affiliated with any third party or any third-party website. You agree that ShopSmart bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.

10. TRADEMARK INFORMATION

You agree that all of ShopSmart trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “ShopSmart”, “Save On Everything”, and “Save On ShopSmart”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of ShopSmart. You agree not to display or use ShopSmart’s Marks in any manner without ShopSmart prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that ShopSmart has any relationship with that third party or that such third party endorses the Services or ShopSmart.

11. INTELLECTUAL PROPERTY OWNERSHIP

All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to ShopSmart or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of ShopSmart or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of ShopSmart, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and ShopSmart owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause ShopSmart and its licensors irreparable injury, which may not be remedied at law, and you agree that ShopSmart and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief. Our Brand Logo and Brand Name is registered under the Trademark act of 1999. Any infringement or plagiarism of any sorts will lead to serious legal actions being taken against the perpetrator.

12. DISCLAIMER, RELEASE & LIMITATION OF LIABILITY

12.1 Disclaimer

THE SERVICES ARE PROVIDED BY SHOPSMART ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHOPSMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPSMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPSMART DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM SHOPSMART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL PICTURES SHOWN OR USED IN SHOPSMART BLOG ARE FOR ILLUSTRATION PURPOSE ONLY.

12.2 Release

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE SHOPSMART FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.

12.3 Limitation of Liability

SHOPSMART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

12.4 Applicability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12.5 Refund Policy

AS WE DO NOT SELL ANY PRODUCTS OR SERVICES DIRECTLY, ALL REFUND REQUESTS MUST BE DIRECTED TO THE RELEVANT MERCHANT. WE ARE NOT RESPONSIBLE FOR RESOLVING DISPUTES BETWEEN YOU AND THIRD-PARTY MERCHANTS.

13. RESTRICTED ACCESS

  1. We have restricted access to certain areas of our website. We reserve the right to restrict access to other areas of our website, or our whole website at our circumspection.
  2. If we find any data outflow then we will immediately disable your user ID and password without prior notice or explanation.

14. CONTACT US

For questions or concerns about this Privacy Policy, please contact us at:
Email: support@hoomster.com
Address: Hoomster Life Easy SL.
C. del Tenis, s/n, 29688 Bel-Air, Málaga, Spain