Terms and Conditions for use of ClubNet CashBack

1. This programme (“The ClubNet CashBack Programme”) is an online service provided by ClubNet Limited (“Us/We/Our”), whose registered office address is 18 Broad Street, Ludlow, Shropshire, website http://www.clubnet.org.uk (Information Commissioner’s Office registration number Z9303658). You can contact us using the Contact Us page.
2. The ClubNet CashBack Programme 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 ClubNet CashBack Programme through the ClubNet CashBack website.
4. The ClubNet CashBack Programme 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 ClubNet CashBack website, 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 ClubNet CashBack website; 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 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 ClubNet CashBack Programme.
8. To enjoy the ClubNet CashBack Programme, you must register through the ClubNet CashBack website 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 ClubNet CashBack Programme 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 ClubNet CashBack Programme shall be subject to these Rules as amended.
10. You are only eligible to join and continue to take part in the ClubNet CashBack Programme 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 ClubNet CashBack Programme 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 ClubNet CashBack Programme 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 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 follow correctly 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 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 ClubNet CashBack Programme 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 cashback programme 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 in connection with any aspect of the ClubNet CashBack Programme, 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 Cashback 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 your selected payment method in pounds sterling in an amount equivalent to the then balance of your Account (in the case of cheque payments, net of an administration charge of £2.50 + VAT) subject to each of the following criteria being met: (i) the balance of Cashback Rewards as at the end of that month earned from Approved Transactions is at least your selected minimum payment amount (as selected by you in your account profile); 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 completed your account profile to include your full postal address in accordance with the instructions supplied as part of The ClubNet CashBack Programme; and (iv) you have updated your account to provide us with your all necessary details to enable us to process your payment.  If the balance of your account is less than your minimum payment amount then it will be carried forward to each next monthly accounting period without any payment to you until it exceeds your minimum payment amount.
25. If you opt to receive your payments via:
    • BACS, your cashback will be credited 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.
    • Cheque, your cashback will be sent to you by second class post.  You acknowledge that in the event that you provide incorrect address details or your payment is lost in the post, We may at Our sole discretion upon receipt of a request from you elect to reissue your cheque, in which case We will charge an administration fee of £10 + VAT to reissue the payment plus any bank charges incurred by Us in the course of cancelling your original cheque
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 nor Participating Retailers accept any liability in respect of you providing incorrect bank account details for your BACS payment or address details for your Cheque payment, or the good faith return to zero of Account balances.
27. Cheques sent to you will be void 90 days from the date of issue.
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 ClubNet CashBack Programme under any identity more than once without first terminating your current registration and you will not concurrently hold more than one account under any identity. Please note that breach of this rule may amount to an act of dishonesty, leading to criminal prosecution. Under no circumstances will you be entitled to claim any rewards or incentives which may be offered from time to time for new registrations where the account you are opening is not your first registration with the ClubNet CashBack Programme. 
30. You may view your Account through the ClubNet CashBack website, 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. Upon ceasing to be a participant in the ClubNet CashBack Programme your Account will be closed. In the event that your Account is closed you will automatically cease to be a participant in The ClubNet CashBack Programme. 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.
32. 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 ClubNet CashBack Programme, any part of it or any feature within it; and/or (iii) restrict the hours of availability of The ClubNet CashBack Programme; and/or (iv) limit the amount of your permitted use of The ClubNet CashBack Programme.
33. 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 should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, (ii) if We should cease to be part of The ClubNet CashBack Programme; or, (iii) if for any reason, We should be unable to continue further funding of The ClubNet CashBack Programme, 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.
34. 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 ClubNet CashBack Programme 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 ClubNet CashBack Programme.
35. 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 for cash or in kind and that they do not represent any stored value.
36. You expressly agree that participation in the ClubNet CashBack Programme 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 ClubNet CashBack Programme.
37. You agree that the ClubNet CashBack Programme is provided on a strictly “as is” and “as available” basis. We make no warranty that the ClubNet CashBack Programme 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 ClubNet CashBack Programme or as to the accuracy or reliability of any information obtained through it.
38. 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 participation or inability to participate in the ClubNet CashBack Programme.
39. These 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.
40. 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.
41. 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.
42. 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.