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Terms & Conditions
1. This rewards program (the “Rewards Program”) is an online service provided
by Dragon Cashback Ltd (“Us/We/Our”), whose e-mail is
info@dragoncashback.co.uk,
website
http://www.dragoncashback.co.uk
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, Dragon Cashback) 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. In
no event shall you be entitled to receive more than 50% of the commission paid
to Us by the Participating Retailer.
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 cheque 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 in accordance with the instructions supplied as part
of the Rewards Program and available from the Partner Service website. 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. The cheque will be sent to the postal address identified at that time as
your permanent residence in association with your Account. If you notify us that
a cheque has been mailed to an incorrect address because we were unaware of your
change of address then we may re-issue a cheque to you and in that event reserve
the right to deduct from the amount payable an administration charge that fairly
represents the cost to Us of cancelling and re-issuing the cheque, which in no
event shall be less than £10.
26. Upon remittance of the cheque 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 cheque is safely received by you. In the event that a cashback cheque is
lost in the post or otherwise not received by you, the missing cheque must be
reported to Us no later than 30 days from the date of issue. Replacement cheques
cannot be issued after this period. Neither We, Partner Services, nor
Participating Retailers accept any liability in respect of lost or stolen
cheques or the good faith return to zero of Account balances, in respect of
which cheques have not been safely received by you.
27. Cheques sent to you will be void 30 days from the date of issue. In our sole
discretion, We may elect to re-issue a cheque to you but will not do so in any
circumstances, if the cheque they are intended to replace has not at that time
been presented for payment.
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 Dragon Cashback 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 Dragon Cashback 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 12
months (i) you do not complete any Approved Transactions; and (ii) the balance
on your Account does not change 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 Dragon Cashback 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.
47. 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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