Provided that the Member complies with the requirements set out in these Terms of Service, WL agrees to provide the Webloyalty Membership Service to the Member for the term of this Agreement. WL will endeavour to make the Website available 24 hours a day, 7 days a week.
However, there may be times when WL is unable to make the Website available for technical, operational reasons, such as scheduled maintenance shutdowns, or for other commercial reasons. Any printed material and software provided by WL to the Member is the exclusive property of WL.
Members are required to use the Webloyalty Membership Service in accordance with these Terms and in an honest and ethical manner. Failure to do so may result in the immediate termination of any membership or multiple memberships and in such case any accrued benefits and/or cash back earned but not paid at the date of termination will be forfeited.
Member is responsible for his or her use of the Webloyalty Membership Service and must promptly notify WL of any unauthorised use of the Webloyalty Membership Service. Member agrees not to publish, retransmit, broadcast or otherwise reproduce in any medium any information or software that is made available to Member other than for the purpose of receiving the Webloyalty Membership Service.
To gain access to the Website Members must have Internet access, an email address, a user name and a password. Member agrees to keep Member's user name and password private so that they cannot be used by any other person. WL will not be liable for any damages, losses or expenses suffered by Member or any third party as a result of any unauthorised person gaining access to any of the "Member only" areas of the Website where WL is not at fault.
We would like to draw your attention on the fact that, as part of the Webloyalty Membership Service, we may use the services of financial institutions or bank's subcontractors, subject to legal reporting requirements. In such circumstances these financial institutions or bank's subcontractors may carry out identity checks before any financial transaction is processed, including whenever we would process the payment of your benefits. Any information, which is processed by way of transfer to said financial institutions or bank's subcontractors, is intended for their use only and for this specified purpose only.
As a result, we may ask you to provide us with a copy of your proof of identity (ID/passport) as well as some additional information such as date and place of birth, address and phone number. We inform you that your failure or refusal to provide the information requested will prevent us from providing the benefits of the membership and may result in the termination of your membership. There may also be some delay to us commencing delivering of your benefits to you as a result of these checks.
Membership fee (the "Membership Fee") as notified during the enrolment process and confirmed to Member in the Membership Pack, will be charged on a monthly basis (unless set out otherwise during the enrolment process). Payment of the Membership Fee will entitle Member to continue his or her Membership of the Webloyalty Programme and to receive the Webloyalty Membership Service. The Membership Fee will be billed automatically to Member's designated payment vehicle, which may include credit or debit card (each a "Billing Device") unless the agreement is cancelled or terminated by Member or WL. WL may from time to time change the Membership Fee and will give you at least 30 days advance notice before doing so. In the event of any such change your attention is drawn to your general right of termination as set out below.
This Agreement shall enter into force on the effective date of the Member's membership in the Webloyalty Programme, for an initial period of thirty (30) days ("Initial Period"), unless otherwise limited on the subscription pages.
Depending on what is mentioned on the subscription pages of the Webloyalty Membership Service (and confirmed thereafter in the Membership Pack), the Member may (or may not) be required to pay a monthly Membership Fee.
6.1 Cancellation or Termination by the Member
You can cancel your membership at any and time without having to justify the reason by notifying WL in the following ways:
A Member who terminates his membership shall have the right to use and receive all the benefits of the Webloyalty Membership Service for the rest of the monthly membership period. At the end of the said period, the termination will take effect and the Member will no longer have access to the Webloyalty Membership Service, nor any obligation to pay any further Membership Fee.
6.2 Termination by WL
WL has the right to terminate the membership of a Member at any time and for any reason on thirty (30) days written notice and in this case WL shall reimburse the member the Membership Fee for the monthly current period, prorated for the portion of the remaining period as the case may be. The Member shall immediately cease using or receiving all the benefits of the Webloyalty Membership Service as from the effective date of termination. The notification will be sent to the email address provided by the Member. WL will not be responsible for any non-receipt of notice by Member where such failure is caused by any reason outside the reasonable control of WL, including, but not limited to non-receipt due to; an error in your email address, an inaccurate email address, your failure to check your email online, your failure to inform WL of a change in your email address or a failure of the Internet.
In addition, WL has the right to immediately terminate this Agreement for breach by the Member of the obligations under this Agreement. WL also has the right to terminate any membership with immediate effect if the e-mail address or mailing address provided by the Member is no longer valid, if the Member has provided an invalid payment method when s/he subscribed or if the means of payment provided by the Member becomes invalid or expires during this Agreement. An invalid payment method can in particular comprise a lost or stolen credit card, a bank card that cannot be charged (fenced bank account or bank account where overdraft limit has been reached, for example) or an invalid credit card number.
WL also reserves the right to immediately terminate any membership for any misuse or fraudulent activity, any extraordinary activity which suggests fraudulent use beyond personal and domestic use of the Webloyalty Membership Service, for example and not exhaustively, including, where a trial period for the Webloyalty Membership Service is offered to the Member, if he subscribes several times to the Webloyalty Membership Service and terminates before the end of the trial period, thus benefiting from the service several times without paying a Membership Fee. Similarly, if a Member has made purchases for non-personal use or attempts to obtain benefits through the Webloyalty Membership Service for purchases made by another person or that s/he falsified supporting documents. Additionally, exceptional levels of cancelled orders and/or exceptional levels of returned may be deemed misuse and result in termination of your membership.
In case of immediate termination of this Agreement at the request of WL, WL has the right to immediately suspend the payment of all accrued benefits without any right for the Member to reclaim them or any other compensation.
To enable WL to carry out investigations into the validity of any Member activity, Member may be required to provide evidence of identification and/or of Items. Such evidence may include proof of delivery address, Member's address and/or copies of all relevant purchase receipts or such other evidence as WL may reasonably request from time to time.
A cancelling Member is prohibited from re-enrolling in the Webloyalty Membership Service for at least six (6) months.
WL may revise these Membership Terms of Service from time to time. WL will only make changes where we have a valid reason to do so. Where WL are able to do so, WL will notify you regarding any material changes to the Webloyalty Membership Services, your Agreement or the fees and will give you at least 30 days advance notice before making any such change. In the event of any such changes your attention is drawn to your general right of termination as set out above. WL will notify Member by notice on the Website or by email if revised Membership Terms of Service apply. Members are encouraged to read any revised Membership Terms of Service.
Member acknowledges that while WL may be the provider of the Webloyalty Membership Service, the goods and services purchased ("Items") by Member through the Website of WL are provided directly by third party suppliers (each referred to as "Affiliated Merchants") to Member. Member acknowledges that, in such circumstances, WL has no control over the quality, safety or legality of Items advertised by Affiliated Merchants, the truth or accuracy of the listings or the ability of Affiliated Merchants to sell the Items and that orders placed by Members through use of the Webloyalty Membership Service and communicated to Affiliated Merchants are offers by Members to purchase Items from such Affiliated Merchants. WL cannot and does not control whether or not Affiliated Merchants will accept such offers or complete the sale of the Items they offer. With respect to Items provided by Affiliated Merchants, WL will have no liability to Member arising out of: (i) the failure of any participating Affiliated Merchants of any Items to supply any such Items on the terms offered; (ii) any delay in delivery of any Items, regardless of the cause of such delay, or (iii) any defective or non-conforming Items.
Webloyalty Membership Service & limitation of Liability
WL makes no representation or warranty whatsoever, express or implied that Member's access to the Website will be uninterrupted, timely, secure or error-free. WL agrees to take reasonable steps to prevent the introduction of viruses or other destructive materials to Website. WL does not warrant, guarantee or make any representations that the Website is entirely free of destructive material and WL excludes all liability in this respect unless (and to the extent) attributable to its breach or negligence. Except as expressly set out in Your Agreement, WL excludes all other promises to the extent that WL are legally allowed to exclude them.(Please refer to your local Citizen's Advice Bureau or local trading standards office for information about your statutory rights and promises which WL is not legally allowed to exclude).
This section (and any other clause excluding or restricting our liability) applies to WL's directors, officers, employees, subcontractors, agents and affiliated companies as well as to WL. Nothing in this Agreement in any way limits or excludes WL's liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Without prejudice to the rest of your Agreement, WL's liability of any kind in respect of the Webloyalty Membership Service or otherwise shall be limited to the amount equal to fees payable by you in any twelve month period under your Agreement. In no event will WL be liable for any:
WL will not pay for losses arising from our inability to provide the Webloyalty Membership Service in the event of war, terrorism, invasion, an act of foreign enemy, hostilities (whether war be declared or not), riot, strike, civil commotion, civil war, revolution, insurrection or military or usurped power.
Member hereby authorises WL to deliver any and all communications ("Communications"), including but not limited to Membership information, procedures on use of the Webloyalty Membership Service, changes in the Webloyalty Membership Service benefits, and change in the Membership Fee to Member's electronic mail address or postal address at WL's discretion. Member further authorises WL to deliver any Communication by sending in lieu of such Communication (the "Underlying Communication"), a notice that directs Member to an address on the World Wide Web ("Web") where the Underlying Communication is posted. Member agrees that the sending of a notice of delivery by Web posting shall constitute delivery whether or not Member actually accesses the Underlying Communication via the Web. Member agrees that s/he will not, for any reason, alter any Communication delivered electronically or otherwise. WL does not guarantee Web access, however WL offers Member various ways of communicating with its customer service staff (see Customer Services Contact Information above).
The Membership Fee is inclusive of all applicable taxes.
The details you supply will be stored securely and used by us to administer your Membership of the Webloyalty Programme. Information may be disclosed to Affiliated Merchants, regulatory bodies and/or your bank or card issuer and/or our subcontractors for the purposes of providing the Webloyalty Membership Service. We may disclose your information to the marketing partner that provided you with details of our offer to enable them to track the offer that you accepted from us and to enable them to undertake market research and data analysis in relation to but not limited to your shopping trends and behaviours. Information shared with the marketing partner may include name, address, email address, purchasing patterns and/or details on the status of your Membership of the Webloyalty Program, and will not be used for promotional or marketing purposes, and will not be disclosed by them to third parties, other than for the purposes stated above, who have undertaken in a binding agreement to process and maintain the confidentiality of your data in line with applicable law. These details will not be kept for longer than necessary. You are entitled to a copy of all of the information held about you for which we may charge you €10.
Your bank/card issuer will pass your name, address, date of birth and card details to us for the purpose of providing the Webloyalty Membership Service and billing your account with the fees. From time to time we may ask your card issuer to update us with any changes to the information they have provided to us, for example by providing us with any updated or new card numbers or expiry dates. Please see our Privacy and Cookies Policy for more information.
By entering into this Agreement, you give your consent to the transfer of data outside of the EEA including to Switzerland and the USA (including to a sister company of WL) for the purposes of data processing relating to the provision of Webloyalty Membership Service. Unless you have requested otherwise, your details may also be used by us or passed to carefully selected third parties so as to send you information about products and special offers that may be of interest to you. Your data may also be disclosed to third parties where required by law or in the event that we merge with or are bought by another company, or otherwise undergo a corporate restructuring. For more information about our data processing activities, please write to SA , 23 route de Crassier 'Business Park Terre Bonne, Bâtiment A3), 1262 Eysins Switzerland.
Member acknowledges that use of any particular benefit may be subject to additional terms and conditions ("Benefit Specific Terms and Conditions"). This Agreement, including these Terms of Service, the Benefit Specific Terms and Conditions, the Membership Pack and Benefit Specific FAQs, constitute the entire understanding and Agreement of the parties with respect to the subject matter hereof and will supersede any and all prior oral or written communications, representations or agreements, other than with respect to the initial Membership Fee and membership term to which Member agreed at the time of his or her enrolment.
If any provision of your Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of your Agreement which shall remain in full force and effect.WL's failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a waiver of any right or provision.
Member must notify WL of any change to his/her address, electronic mail address and/or Billing Device. Customer Services Contact Information is set out above and is also available on the Website.
This Agreement may be assigned in whole or in part by WL at any time in its discretion. This Agreement may not be assigned by Member without WL's prior written consent.
This Agreement (including the Membership Pack, the Benefit Specific Terms and Conditions, the applicable Benefit Specific FAQs and Privacy & Cookies Policy), will be governed by and construed in accordance with the laws of England and Wales.
Member agrees to settle any disputes regarding Affiliated Merchants Items directly with the applicable Affiliated Merchant and not involve WL in a dispute between Member and an Affiliated Merchant.
The parties hereto have requested that this Agreement and all correspondence and all documentation respecting this Agreement be written in the English language.
This Agreement does not confer any rights on any person or party (other than WL and the Member) under the Contracts (Rights of Third Parties) Act 1999.
Any omission to exercise, or delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of that, or any other, right or remedy. The waiver by any party to this Agreement of any of its rights or remedies arising under this Agreement or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
The Webloyalty Membership Service is provided by Webloyalty International SARL Company no CHE-344.043.246, 23 route de Crassier (Business Park Terre Bonne, Bâtiment A3), 1262 Eysins, Switzerland.
As a Member, online and offline purchases made through Cashback Merchants will be deemed a "Qualifying Purchase" and will result in the right to earn cashback if and only if all of the following criteria are satisfied:
For offline purchases:
For online purchases: