Terms and Conditions for use of the Cashback Programme

1. The Cashback Programme enables providers of goods and services ("Participating Retailers") to promote and offer ("Participating Retailer Goods/Services") for sale online to you in conjunction with certain rewards ("Cashback Rewards").

2. Participating Retailer Goods/Services are available online as part of the Rewards Program through designated websites (collectively " Partner Service").

3. The Rewards Program involves the payment of commission, to Us/We ("Homepages Friends Ltd and other group companies") as determined at their sole discretion by Participating Retailers in respect of your Approved Transactions for which we credit you with Cashback Rewards.

4. "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 Terms and Conditions, 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.

5. 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 Terms and Conditions.

6. 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.

7. 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 "Terms and Conditions".

8. We shall be entitled to amend these Terms and Conditions from time to time following which your continued use of the Rewards Programme shall be subject to these Terms and Conditions as amended.

9. You are only eligible to join and continue to take part in the Rewards Program if you are over 13 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 may be used to send you Participating Retailer Goods/Services 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.

10. 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.

11. Unless otherwise specifically stated, You should assume that the calculation of cashback excludes postage and delivery costs and the VAT element of a sale.

12. 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 and paid to you in accordance with Our overall Terms of Use.

13. We will use reasonable endeavours to ensure advertised Cashback Rewards are correct. We are not responsible for incorrectly advertised Cashback Rewards. In no event and in our sole discretion shall you be entitled to receive more than 50% of the total commission paid arising from an Approved Transaction to Us by the Participating Retailer.

14. 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.

15. 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.

16. 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.

17. 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.

18. You are not entitled to a Cashback Reward in respect of Approved Transactions for which We do not receive 100% of the commission due from the Participating Retailer.

19. 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.

20. We are responsible for keeping your Account accurate and up-to-date in accordance with these Terms and Conditions. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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").

27. In the event of a Partner Closure your Account will thereafter be available only through our 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 Terms and Conditions, We shall be entitled to deal with you as a participant in the Rewards Program as if you had registered for it through the HomePages-Friends website.

28. 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.

29. 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.

30. 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 HomePages-Friends 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 Terms and Conditions by you;

(v) if you close your Account; or

(vi) it is automatically closed as an Inactive Account.

31. If We terminate your Account because of a breach by you of these Terms and Conditions 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.

32. 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.

33. 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 TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS 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.

34. 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.

35. 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.

36. THESES TERMS AND CONDITIONS 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.

37. 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 TERMS AND CONDITIONS, AND/OR THE TERMS APPLICABLE TO PARTICIPATING RETAILERS PROMOTIONS AND/OR THE USE OF A PARTNER SERVICE.

38. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.

39. 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.

40. 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.

41. 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.

42. 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

a. You may not reproduce, distribute, transmit, print or transfer information related to such tracking.

b. The statistics information collected by such tracking are used in compliance with our privacy policy and only used to track your appropriate rebates.

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 such tracking will automatically re-route your browser via the appropriate tracking codes to ensure you receive your due Cashback Rewards.

e. You understand that if you visit an Participating Retailers website via another website publishers 'affiliate links' such tracking will respect their integrity and not overwrite their tracking links or display a pop up alert.

f. Such tracking can be easily uninstalled using Windows 'add or remove programs' control panel

g. Such tracking will automatically update to newer versions when they are available.

h. 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 software except as expressly permitted by applicable law.

i. 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.

j. Such tracking 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 Such tracking™ 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.

k. The entire risk as to the results and performance of the Such tracking™ 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.

l. The software, including its code, documentation, appearance, structure, and organization is the exclusive property of Submission Technology Ltd, 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.