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Effective from 29 April 2014
If we change these General Terms, we will post the revised document here with an updated effective date. If we make significant changes to these General Terms, we may also notify you by other means such as sending an email or posting a notice on our home page.
The Site is operated by Wowcher Limited ("we", "our", or "us"). We are registered in England and Wales under company number 4264984 and have our registered office at Wowcher Towers, 12-27 Swan Yard, London N1 1SD. Our VAT number is GB 229408501
2.1. We shall not be liable if for any reason the Site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to all or some parts of the Site to users who have registered with us.
2.3. You must be 18 years old or older to register on the Site.
2.4. Only one registration per person is allowed. You must keep your registration information up to date.
2.5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party
2.6. You must not:
2.7. You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible. You can contact us using our web form which is available here, selecting the "General Enquiry" option.
2.8. You must inform us of any changes to your account including but not limited to changes to your name or address and payment details for payment of Cashback (as defined below). Correspondence will be sent to your most recent e-mail address and payments will be sent to the account details that you provide and we will not be responsible for late, lost or misdirected mail or payments.
2.9. We reserve the right to restrict or deny you access to all or some parts of the Site if, in our opinion, you have failed to comply with these General Terms.
3.1 From time to time we may operate an incentive scheme called Club Wowcher which awards points to you for certain activities on the Site and the points can be exchanged for credits to be used on the Site (“Wowcher Wallet Credits”). We reserve the right to alter the rate at which points can be converted into Wowcher Wallet Credits, the allocation of points for specific behaviours and the right to adjust the points of any user who in our opinion is not behaving within the spirit of the scheme, in each case without prior notice by posting any changes on the Site.
3.2 Points are valid for 6 months from the date of issue and will expire if they are not converted into Wowcher Wallet Credits within this time.
4.1. The Site allows you to earn cashback on tracked purchases from retailers (“Cashback”). Cashback may apply where you are purchasing goods or services or it can apply where you subscribe to a service or apply for an account such as a bank account (each a “Transaction”). To qualify for Cashback, you must choose which retailer you want to transact with and click on the relevant “Get Cashback” link on the Site to visit that retailer’s online store or site. Complete your Transaction as normal and once your Transaction is completed you will earn Cashback. Cashback is only paid for Transactions made in your name. For your visit to be tracked and any cashback to be attributed to an account on Wowcherching, you must log into the Site either (i) before or (ii) within seven days after visiting the retailer’s site using the same device that you used for your Transaction and prior to clearing the cookies on such device.
4.2. The current rate of Cashback that has been notified to us by the retailer will be set out on the Site and we will also try to list any applicable terms and conditions that the retailer imposes for the issue of Cashback on the Site. However, please note that additional terms may apply. Cashback is issued by the retailer and only Transactions and only the applicable Cashback reported to us by a retailer (or their agent) will be credited to your account (“Confirmed Cashback”).
4.3. Should a retailer delay payment or cease trading, we will contact the retailer to recover any Cashback that you notify us that you believe is owing to you but we make no guarantee that you will receive such payment. If you wish to dispute a Transaction or the amount of Confirmed Cashback awarded to you, please complete a missing cashback claim form at https://secure.wowcher.co.uk/cashback/myaccount/claim-missing-cashback no sooner than 3 days after the date of the Transaction but within 6 months of the date of the Transaction and we will contact the retailer. Please note that the determination and decision of Wowcher on all matters shall be final.
4.4. Where we have tracked a Transaction to your account, your account will show the tracked Transaction and the pending Cashback amount. Once a retailer confirms a Transaction and the applicable amount of Cashback to us, we will credit your account with the Confirmed Cashback. Please note that the time taken to confirm Cashback can vary depending on the retailer - it typically takes 30 days to confirm but it can take as long as 90 days. If you cancel a Transaction or return any goods or services forming part of that Transaction, Cashback will not be payable and any Cashback already credited to your account will be removed.
4.5. Cashback may not be earned under the Cashback Scheme if you have used a voucher code (or equivalent) on a Transaction or if points have also been earned under any other loyalty type scheme for the same activity. In the event we grant any Cashback in such circumstances we reserve the right to cancel the Cashback without notice to you.
4.6. Please note that the tracking of Cashback may depend on the settings of your browser. If you choose not to receive cookies, your Transaction may not be tracked.
4.7. You can either use your Cashback on the Site or you can retrieve your Cashback as cash. Cashback will only become payable to you as cash when we have received the Cashback in cleared funds from the retailer (“Payable Cashback”). However, Confirmed Cashback can be spent on the Site as soon as the Cashback becomes Confirmed Cashback. Payable Cashback can only be withdrawn (by BACS or PayPal) if the Payable Cashback in your account exceeds a specified amount as set out on the Site from time to time.
4.8. If you choose to spend your Confirmed Cashback on the Site, we may multiply the Confirmed Cashback earned by a Wowcher bonus multiplier set out on the Site from time to time if you use it on the Site (each a “Bonus Multiplier”). Different Bonus Multipliers may apply to different types of Confirmed Cashback depending on the retailer or the type of Transaction where the Cashback was earned. If your Cashback becomes Payable Cashback and you choose to withdraw the Cashback as cash, a Bonus Multiplier will not apply.
4.9. If you choose to withdraw Payable Cashback as cash, you must enter your details on the Transfer Funds page of the Site and we will process the payment to you in our next payment run. Please note that we do not have payment runs every day and sometimes the payments can take time to be processed and cleared into your account. We are not liable for any delays in payment. Please only contact us if the payment has not been received within 14 days of your request.
4.10. We may cancel or suspend any Cashback (including but not limited to Confirmed Cashback or any Payable Cashback including any Payable Cashback that you have already requested as cash) we (or a retailer) reasonably believe (i) to be obtained by your Fraud where "Fraud" includes any fraud, dishonesty or deceit and includes supplying incorrect information to accrue Cashback or obtaining Cashback other than in accordance with these General Terms or any terms imposed by a retailer; or (ii) has been paid to you in error; or (iii) where the retailer has not made a payment to us. This right of cancellation applies to any amounts that you have already spent on the Site or received as cash in accordance with clauses 4.8 and 4.9.
4.11. We will correct any mistakes that we make on your account provided that you inform us within 28 days of any such mistake being made.
4.12. Until any Confirmed Cashback is spent by you on the Site or withdrawn as cash in accordance with clauses 4.8 or 4.9, the funds in your account will have a nominal cash value of GBP0.000001 per GBP1.00 of Confirmed Cashback. If you have not visited the Site whilst logged into your account for 6 consecutive months, all Confirmed Cashback (including but not limited to Payable.Cashback) that has accrued to that date will expire.
4.13. We can change your right to earn Cashback upon notice to you including but not limited to modifying or withdrawing certain retailers or amending the Bonus Multipliers upon notice to you or, upon reasonable notice to you, amend the time limit on how long you have to spend any Confirmed Cashback. You shall be deemed to have agreed to any modifications, withdrawal, amendment or addition to the Cashback Scheme if, after we have notified you of the changes, you continue to use the Site. If you do not wish to accept changes to the Cashback Scheme you may terminate your account in the manner described in clause 10.
5.1. We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You may print and download extracts from the Site for personal non-commercial use on the following basis:
5.2.1. no documents or related graphics are modified in any way;
5.2.2. no graphics are used separately from accompanying text;
5.2.3. and no copyright and trade mark notices are removed.
5.3. You agree not to:
5.3.1. use the Site for commercial purposes without obtaining our prior written agreement;
5.3.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site except as permitted above.
6.1. Except for information that identifies you personally (e.g. your name, address, telephone number, email address and payment details), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.
6.2. You agree not to submit any material:
6.2.1. that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
6.2.2. that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; or
6.2.3. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
6.2.4. which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.
6.3. We are not obliged to use material submitted by you and we may remove from the Site and our database any of the material submitted by you at our sole discretion.
6.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of clause 6.2.
6.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.
7.2. We hold a data protection registration and comply with the Data Protection Act 1998.
8.1. We are not liable or responsible for the third party content on the Site. Third party content includes, for example, comments posted by other users and display advertising.
8.2. Where the Site contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
9.1. The material contained on the Site is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the materials on the Site.
9.2. We are not liable for:
9.2.1. any action you may take as a result of relying on any information/materials provided on the Site or for any loss or damage suffered by you as a result of you taking such action; or
9.2.2. any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site; or
9.2.3. any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach by us of these General Terms.
9.3. We are not responsible if you cannot use the Site properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)
9.4. The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.
9.5. Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.
10.1 Accounts will terminate automatically:
10.1.1 if you die; or
10.1.2 if we reasonably believe that you have committed an act of Fraud against us or any retailer.
10.2 You may terminate their account by notice to us in writing and any outstanding pending Cashback or Confirmed Cashback in the account will be cancelled.
10.3 In the case of any termination in accordance with paragraph 10.1.2, we may cancel all pending Cashback or Confirmed Cashback. You shall be liable to us for:
10.3.1 the full price of any Confirmed Cashback received, wholly or partly as a result of such Fraud, and whether spent on Site or received as cash; and
10.3.2 any reasonable costs, including legal fees, incurred by us.
10.4 In the case of termination in accordance with clause 10.1.2, we reserve the right at any time in our absolute discretion to cancel all of your accrued and accruing Club Wowcher points.
10.5 In the event of the termination of an account for any reason:
10.5.1 all pending Cashback, Confirmed Cashback or Club Wowcher points in the account will be cancelled will be voided and you will not be entitled to receive any further Cashback or Club Wowcher points; and
10.5.2 the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected.
If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
These General Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and these General Terms.