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Terms and Conditions
TERMS AND CONDITIONS FOR USE OF THE CASHBACK PROGRAMME
1. This rewards program (the "Rewards Program") is an online service provided by Cashback.co.uk ("Us/We/Our"), whose office address is The Beater House, Turkey Mill, Maidstone, Kent, ME14 5PP, e-mail email@example.com, website http://www.cashback.co.uk/ (Information Commissioner’s Office registration number Z7981900).
2. The Rewards Program enables providers of goods and services ("Participating Retailers") to promote and offer them ("Participating Retailer Goods/Services") for sale online to you in conjunction with certain rewards ("Cashback Rewards").
3. Participating Retailer Goods/Services are available online as part of the Rewards Program through certain websites all of which are operated by Us for Ourselves (for example, Cashback.co.uk) and for third parties with their branded look and feel (collectively " Partner Service").
4. The Rewards Program involves the payment of commission to Us by Participating Retailers in respect of your Approved Transactions for which We credit you with Cashback Rewards.
5. "Approved Transactions" are only those that are tracked transactions between you and Participating Retailers concluded via the Partner Service; and made in accordance with these Rules, the terms of any Participating Retailer's promotion and any other terms and conditions applicable to the use of the Partner Service; and confirmed by the Participating Retailers as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.
6. Without in any way limiting or exemplifying what may not qualify as Approved Transactions the following shall specifically not qualify as Approved Transactions: transactions made when you have more than one Account concurrently in existence; transactions in respect of which you have not initiated transaction tracking; transactions in respect of which the data necessary to enable Cashback Rewards to be credited to your Account has been corrupted, damaged or lost; transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain Cashback Rewards dishonestly and/or in a manner contrary to the spirit or letter of these Rules.
7. You understand that regardless of the Partner Service through which you participate in the Rewards Program your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Participating Retailers necessary for the purposes of performing Our obligations to you under the Rewards Program and shall be shared by Us with Partner Services through which you participate whilst you are a participant in the Rewards Program.
8. To enjoy the Rewards Program, you must register through the website of a Partner Service under your proper legal identity and in doing so you agree to abide by all of these terms and conditions which shall govern your use and enjoyment of the Rewards Program and are referred to below as the "Rules".
9. We shall be entitled to amend these Rules from time to time, and shall notify you of any changes, following which your continued use of the Rewards Programme shall be subject to these Rules as amended.
10. You are only eligible to join and continue to take part in the Rewards Program if you are over 18 years of age, have your permanent place of residence at an address in the UK and maintain with Us a valid and subsisting email address. Your email address will be used to send you regular Rewards Program member’s offers. You will be given the option to opt-out of receiving these members newsletters. You warrant to Us that whilst a participant in the Rewards Program all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief.
11. When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Retailers then you will be entitled to a Cashback Reward in accordance with the terms of the Participating Retailer's promotion.
12. Unless otherwise specifically stated, You should assume that the calculation of cashback excludes postage and delivery costs and the VAT element of a sale.
13. Cashback Rewards shall be owned by Us and held by you in an account created for you by Us when you register ("Account"). Only Cashback Rewards obtained from Approved Transactions shall be credited to your Account.
14. We will use reasonable endeavours to ensure advertised Cashback Rewards are correct. We are not responsible for incorrectly advertised Cashback Rewards.
15. Your failure to correctly follow any required instructions or conditions may result in no Cashback Rewards being credited to your account for which you will have no recourse against Us, Partner Services or Participating Retailers.
16. You accept that in some cases there may be a delay or failure to credit Cashback Rewards to your Account due to a Participating Retailer's failure to provide information to Us. Whilst We shall use reasonable endeavours to recover Cashback Rewards for non-tracked transactions We shall have no responsibility or liability for such delay or failure.
17. Whilst many Participating Retailers report cashback credits within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Cashback Reward is not pending as a credit to your Account then in order to resolve it your only option is to open a ‘missing transaction’ support ticket on Our website as a result of which We will then attempt to make recovery from the Participating Retailer. However, We make no warranty or representation and offer no assurance or guarantee that the Cashback Reward will be credited to your account as a result. We cannot support ‘missing transaction’ support requests where the transaction occurred more than 90 days ago.
18. Transactions that are marked with a pending status in your account are awaiting final confirmation from the retailer. This is an automatic process and there is little we can do to expedite the process. We will not accept support tickets on pending transactions until they have aged a minimum of 120 days and no older than 180 days.
19. You are not entitled to a Cashback Reward in respect of Approved Transactions for which We do not receive the whole of the commission due from the Participating Retailer.
20. You are required to use the Rewards Program in an ethical manner and should accounts be used to purposefully defraud or inflate cashback earnings with Participating Retailers then duplicate transactions will be removed and/or your account subject to termination.
21. We are responsible for keeping your Account accurate and up-to-date in accordance with these Rules. We may adjust the balance of your Account in respect of non-payment from Participating Retailers, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors. You understand that running a Rewards Program can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.
22. You shall contact Us only and shall not directly contact Participating Retailers or Partner Services in connection with any aspect of the Rewards Program, whether for the purposes of raising a query, seeking further information or making a complaint/claim.
23. You are responsible for the security of your Rewards, and you agree that you will not transfer them to any other person, barter them for goods or services or deliberately or negligently enable any other person to obtain the benefit of Rewards awarded to you with or without your consent and that you will keep your Account details private and secret from others.
24. Each month and 30 days in arrears, we will review the balance of Cashback Rewards credited to your Account and you will be sent a payment via BACS direct to your nominated bank account in pounds sterling in an amount equivalent to the then balance of your Account subject to each of the following criteria being met: (i) the balance of Cashback Rewards for that month earned from Approved Transactions is greater than £25; and (ii) each of the Approved Transactions in respect of which the Cashback Rewards have been credited for that month occurred more than 30 days before; and (iii) you have activated your account and updated your account profile to include your full postal address in accordance with the instructions supplied as part of the Rewards Program and available from the Partner Service website; and (iv) you have updated your account to provide us with your bank account sort code and account number to be credited. If the balance of your account £25 or less then it will be carried forward to each next monthly accounting period without any payment to you until it exceeds £25.
25. Your cashback payment will be credited via BACS direct to your nominated bank account. You acknowledge that in the event that you provide incorrect bank account details your payment cannot be re-issued.
26. Upon remittance of the payment to you, the balance of your Account in respect of which it has been issued will be reduced to zero regardless of whether or not the payment is safely received by you. Neither We, Partner Services, nor Participating Retailers accept any liability in respect of you providing incorrect bank account details for your BACS payment or the good faith return to zero of Account balances.
27. Amazon Gift Vouchers sent to you will expire 60 days from the date of issue if it has not been claimed by adding it to your Amazon account.
28. Where We have paid money to you in respect of Cashback Rewards that are subsequently reversed or cancelled by a Participating Retailer, We reserve the right to debit the value of that transaction from your Account.
29. YOU WILL NOT REGISTER WITH THE REWARDS PROGRAM UNDER ANY IDENTITY MORE THAN ONCE WITHOUT FIRST TERMINATING YOUR CURRENT REGISTRATION AND YOU WILL NOT CONCURRENTLY HOLD MORE THAN ONE ACCOUNT OPENED WITH ANY PARTNER SERVICE UNDER ANY IDENTITY. PLEASE NOTE THAT BREACH OF THIS RULE MAY AMOUNT TO AN ACT OF DISHONESTY, LEADING TO CRIMINAL PROSECUTION.
30. You may view your Account through the website with which you registered for the Rewards Program, but you are responsible for keeping the permanent record of the details of your Account including its current balance. It is possible that through events of force majeure or for other reasons beyond our reasonable control We temporarily or permanently lose the data associated with your Account. You agree that We shall have no liability to you whatsoever in connection therewith.
31. It is possible that during the period with which you are registered for the Rewards Program the Partner, through whose website you registered, ceases to be a Rewards Program Partner ("Partner Closure"). We will post a page, notifying you if and when that happens, providing you with details of how you may continue to participate in the Rewards Program.
32. In the event of a Partner Closure your Account will thereafter be available only through the Cashback.co.uk website until such time as your Account is closed. You understand that in this event, your communication in respect of the Rewards Program will be conducted with Us and you agree that thereafter, subject to these Rules, We shall be entitled to deal with you as a participant in the Rewards Program as if you had registered for it through the Cashback.co.uk website.
33. Upon ceasing to be a participant in the Rewards Program your Account
will be closed. In the event that your Account is closed you will
automatically cease to be a participant in the Rewards Program. In the
event that for a period of 6 months you do not complete any Approved
Transactions then your Account status will become an ' Inactive Account
'. Unless we determine otherwise in our absolute discretion and on a
case-by-case basis, upon becoming an Inactive Account, the balance of
your Account shall be voided and it shall be automatically closed.
34. We may do any of the following at any time without cause or liability and without your consent: (i) close your Account; and/or (ii) amend, suspend or terminate the Rewards Program, any part of it or any feature within it; and/or (iii) restrict the hours of availability of the Rewards Program; and/or (iv) limit the amount of your permitted use of the Rewards Program.
35. You acknowledge and agree that regardless of the size of the balance of your Account, the Cashback Rewards standing to its credit, or to be credited to it shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:; (i) if We or a Partner Service through whom you registered for the Rewards Program should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, (ii) if Cashback.co.uk or the Partner Service through whom you registered for the Rewards Program should cease to be part of the Rewards Program; or, (iii) if for any reason, We should be unable to continue further funding of the Rewards Program, in whole or in part and whether as regards some or all participants in it; or, (iv) we terminate your Account because of a breach or suspected breach of these rules by you; (v) if you close your Account; or (vi) it is automatically closed as an Inactive Account.
36. If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with the Rewards Program again, whether using the same or a different identity to that under which you originally registered. Otherwise you may voluntarily close an Account, and re-register with the Rewards Program.
37. You understand and agree that Rewards have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties (whether or not Partners), whether for cash or in kind and that they do not represent any stored value.
38. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE REWARDS PROGRAM IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOUR PURCHASE OF GOODS OR SERVICES FROM PARTICIPATING RETAILERS IS SUBJECT TO AND GOVERNED BY THEIR TERMS AND CONDITIONS OF SALE AND NOT THESE RULES AND THAT THESE RULES DO NOT AFFECT YOUR RIGHTS IN RESPECT THEREOF. HOWEVER FOR OURSELVES ONLY WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM PARTICIPATING RETAILERS AND HEREBY EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES INCLUDING AS TO TITLE, FITNESS FOR PURPOSE, MECHANTABILITY AND/OR SATISFACTORY QUALITY REGARDING GOODS AND/OR SERVICES OBTAINED FROM PARTICIPATING RETAILERS THROUGH THE REWARDS PROGRAM.
39. YOU AGREE THAT THE REWARDS PROGRAM IS PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REWARDS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT.
40. WE SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY AWARDS OF PUNITIVE OR AGGRAVATED DAMAGES RELATING TO YOUR PARTICPATION OR INABILITY TO PARTICPATE IN THE REWARDS PROGRAMME.
41. THESES RULES DO NO AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE AMENDED OR EXCLUDED IN LAW AND THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THEM SHALL BE CONSTRUED AND APPLIED ACCORDINGLY.
42. YOU SHALL INDEMNIFY AND HOLD US OUR AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) RELATING TO YOUR BREACH OF THESE RULES, AND/OR THE TERMS APPLICABLE TO PARTICIPATING RETAILERS PROMOTIONS AND/OR THE USE OF A PARTNER SERVICE.
43. Our failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.
44. We operate a programme in connection with the Rewards Program called Refer A Friend. It offers you the facility to refer new users in consideration for a bonus Cashback Reward. The associated terms and conditions and the bonus amount will be as per the information detailed on the Partner Service website relating to refer a friend. We reserve the right to change the terms of this offer at any time by updating the appropriate content on the website.
45. You must not use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from the Refer A Friend Program.
46. Where You refer a friend, who is not identified by the Reward Program database as being referred via your original customised refer a friend link, no refer a friend bonus payment will be paid. We are not responsible for the failure of the Refer A Friend tracking links to accurately log your referrals.
48. You may only register a maximum of 15 Identifier Card Numbers per Account, however this may include cards belonging to other members of your household/family providing that they have consented to the registration of their Identifier Card Number(s) to assist you to collect Cashback Rewards. We may request that you provide written evidence of such consent at any time. If we are not satisfied that all Identifier Card Numbers are included with the holder's consent we reserve the right to de-register any or all Identifier Card Numbers on your Account.
49. Each Identifier Card Number may only be registered at any one time to one service in the world through which cards are used as identifiers for the purpose of crediting rewards (whether Cashback Rewards, points or other kinds of rewards) when shopping with designated retailers. In the event of more than one attempted registration of the same Identifier Card Number the last registration will prevail and previous registrations will be automatically de-registered.
50. In order to minimise the risk of you failing to initiate transaction
tracking We may but shall have no obligation to implement a software
programme that will be installed on the device that you use to access the
Rewards Programme. It will analyse the URLs entered into your web browser to
(i) see if they match those of Participating Retailers and (ii) in the event
that they do notify you of any failure to initiate transaction tracking. Its
use shall be subject to the following terms and conditions:
a. You may not reproduce, distribute, transmit, print or transfer
information related to the Cashback Alerter software.
b. The statistics information collected by Cashback Alerter are used in
c. The Company and its agents may pop up brief messaging alerts when you can
save money by shopping through the Rewards Programme.
d. Where a pop up alert has been displayed Cashback Alerter will provide a
button requiring your explicit confirmation that you wish to track your
cashback with the specificed retailer during that browser session.
e. Cashback Alerter can be easily uninstalled using Windows 'add or remove
programs' control panel
f. Cashback Alerter will automatically update to newer versions when they
g. You shall have no right and undertake not to: (i) modify the software in
whole or in part; and/or (ii) Decompile, disassemble or reverse engineer the
Cashback Alerter software except as expressly permitted by applicable law.
h. SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE
AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY
CRIMINAL, CIVIL OR OTHER REMEDIES WHICH WE MAY SEEK. We shall not be liable
under any circumstances for damages of any character (including, but not
limited to, direct or indirect damages resulting from the loss of business
profits, business interruption, loss of business information, or other
pecuniary loss) arising out of the use or inability to use this software.
i. The Cashback Alerter software is provided under license on an "AS IS"
basis, without warranty of any kind, express or implied, including without
limitation, implied warranties of merchantability and fitness for a
particular purpose. In no event shall We, or any third party involved in the
creation, production, or delivery of the Cashback Alerter software be liable
under any circumstances for any direct or indirect damages including, but
not limited to, damages for loss of business profits, business interruption,
incurred by the user even if advised of such damages.
j. The entire risk as to the results and performance of the Cashback Alerter
software is borne by you. We may, at any time, revoke this license by
notifying you. You may cancel your license to use the software by destroying
or erasing all copies of it.
k. The software, including its code, documentation, appearance, structure,
and organization is the exclusive property of Cashback.co.uk, who
shall retain all right title and interest in and to the software throughout
the world for the full period thereof as the same may be extended or amended
including in any and all modifications to and improvements thereof.
51. These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.
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