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Shopping - Terms and Conditions Of Use



The following terms and conditions apply to the Shopping area and prepaid debit card. By clicking the terms and conditions acceptance box on the sign up form, you are showing your acceptance of these terms and conditions.

Please read them carefully and print a copy for future reference. You can request a further copy of these terms and conditions free of charge at any time.

DEFINITIONS

The Shopping area provides shopper discounts and other services accessed via the Website and includes (online cashbacks, discounted reloadable gift cards and vouchers, the prepaid debit card and prepaid debit card E-Account.

Consumer Offers membership (“Membership”) enables a member to access services (accessed via the Website including online cashbacks, discounted reloadable gift cards and vouchers) and apply for a prepaid debit card backed by Visa, issued subject to satisfactory completion of routine background status checks.

Members or the Member (“Members“or “the Member”) refers to individuals enrolled in Consumer Offers membership.

The prepaid debit card (“the Card”) means the chip and pin prepaid debit card issued by Contis Financial Services Limited to the Cardholder subject to these terms and conditions and also subject to certain additional terms and conditions that may be specified by Contis Financial Services Limited.

Cardholder (“Cardholder”) is the holder of a prepaid debit card and includes the holders of any supplementary prepaid debit cards associated with a Cardholder account.

Retailer (“Retailer”) means a supplier of goods or services purchasable using the Card.

Card Purchases Cashback (“Cashback”) refers to the discount provided to Cardholders by selected Retailers calculated with reference to the value of qualifying transactions undertaken by Cardholders and approved by each participating Retailer.

Online Cashback (“Online Cashback”) refers to the discount provided to Members by selected Retailers calculated with reference to qualifying transactions undertaken by Members exclusively through the Website and approved by each participating Retailer.

Membership Services (“the Services”) include, but are not limited to, the provision of shopper discounts and cashbacks accessible via the Website or via the Card including online cashbacks, discounted reloadable gift cards and vouchers.

Website (“the Website”) means the website whose address is www.consumeroffers.co.uk

Third Party Websites (“Third Party Websites”) means any website not owned or controlled by Incahoot & Consumer Offers which can be accessed via a direct link from Consumer Offers own website at www.consumeroffers.co.uk

E-Account (“E-Account”) is the online account which gives a Cardholder information concerning current status and transactional activity relating to usage of the Card including details of Cashback amounts paid or payable, accessible via the ”My Account” personalised section of the Website.

Personal Data (“Personal Data”) means information held by Incahoot & Consumer Offers about you including information obtained through the membership application process and the Card application process; information obtained through reference checks; information obtained via usage of the Prepaid Debit Card; and information obtained from you for the purposes of managing your E-Account account or your Membership. It will also cover data collected regarding your usage and activity in terms of the online cashbacks, discounted reloadable gift cards and vouchers.

Reloadable Gift Cards and Retail Vouchers (“Reloadable Cards and Vouchers”) means those membership benefits accessible via the Website in the form of either a prepaid voucher or a reloadable card redeemable via a participating Retailer.

Online Discounts (“Online Discounts”) means a preferential purchasing opportunity giving the Member the ability to purchase goods or services at a lower price than otherwise available. These discounts will be accessible via the website and will be tracked electronically to sale. Incahoot & Consumer Offers are not responsible for sales that have not tracked accurately.

The following terms and conditions do not affect your statutory rights:

General

To hold a Consumer Offers Membership you must be at least 18 years of age and have a UK address.

Prepaid Debit Card

Usage of the Card entitles the Cardholder to receive discounts, benefits or earn Cashback when the Card is used to purchase goods and services from participating retailers or their websites, subject to the terms and conditions laid out here and on the Website (specific to each retailer) and as amended from time to time.

Formation of Contract

On applying for the Card you will be required to provide items of personal information that form the basis of a financial background check and accept further terms and conditions specifically relating to the use of the Card. On satisfactory completion of this process you will become a full Member and be bound by sets of terms and conditions relating both to your Membership and the use of the Card. Should the information that you initially supply not meet our requirements, we have the right to contact you for further information – should this not be possible we will be forced to decline your access to Consumer Offers.

Limitation of Liability

Membership is provided on an "as is" basis. We cannot guarantee and make no representation or warranty that the Website, or the Services will meet your requirements or that the Card will operate in any specific way. All other warranties, terms and conditions, whether express or implied, statutory or otherwise relating to the Website, usage of the Card, the Services and the content or sites accessed through the Website are excluded to the extent permitted by law.

Notwithstanding any other provisions of these Terms, we do not exclude or limit our liability for death or personal injury caused by our negligence or for fraud or in respect of any other liability which cannot be excluded or restricted by law.

Except in relation to liability for death, personal injury, fraud or fraudulent misrepresentation our total liability to you arising out of or in connection with these terms and your Membership (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed one thousand pounds (£1,000).

To the extent permitted by law, and subject to liability for death, personal injury, fraud or fraudulent misrepresentation, we do not accept responsibility or liability (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss arising out of your Membership in respect of: (i) any loss of profit; or (ii) loss of data; or (iii) loss of goodwill; or (iv) loss of business opportunities ; or (v) loss of anticipated savings or benefits ; or (vi) business interruption; (vii) or for any type of indirect, special or consequential loss, even if that loss or damage or damage was reasonably foreseeable or if we were aware of the possibility of that loss or damage arising.

We may provide links to other websites or resources operated by other organisations in order to help you navigate towards other purchasing opportunities. Using a link may mean that you access a Third Party Website. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third Party Websites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software or service found at any Third Party Website. The products and services offered on such websites, if any, will be subject to the terms and conditions referred to on such Third Party Websites.

You acknowledge that we will not be party to any transaction, contract or any other arrangement with a Third Party Website that you may enter into through or as a result of use of our website and that we shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise. You undertake that you will not involve us in any dispute between yourselves and such third party.

Except for deliberate, fraudulent or negligent acts or omissions including any act resulting in death, personal injury, fraud or fraudulent misrepresentation, we specifically exclude all and any losses, liabilities, claims, damages, expenses or costs over and above your Cashback balance arising in connection with your use of the Website or your Membership, use of any Third Party Websites (including without limitation those that may be connected by hyperlink to this site); any arrangements entered into with any third party in connection with any information provided by or in connection with the Website; or the inaccuracy or incompleteness of any information supplied through the Website.

Membership

If you become a Member via your employment by a company which participates in a corporate scheme and then leave the employment of the employer sponsoring the scheme we reserve the right to cancel your Membership at our discretion. Once the closure process is complete you will continue to be able to use the Card provided to you in accordance with its stated terms and conditions but you will no longer be able to claim Cashback or receive the other benefits associated with the Services.

If you become a Member via your membership or affiliation with any other corporate body, trade organisation or club and then cease to be a member of the organisation sponsoring the scheme we reserve the right to cancel your Membership at our discretion. Once the closure process is complete you will continue to be able to use the Card provided to you in accordance with its stated terms and conditions but you will no longer be able to claim Cashback or receive the other benefits associated with the Services.

Incahoot & Consumer Offers reserves the right to close your E-Account, cancel your Card and terminate your Membership if you are deemed, at our sole discretion, to be attempting to earn cashback by fraud, deception or via any misuse of the Services or in any other unacceptable manner.

Membership Fees

Your Membership is provided on an annual basis in return for an annual membership fee. We reserve the right to amend this annual fee at any time, should a fee be applicable.

We will notify you no later than 60 days prior to the expiry of your annual Membership to make you aware of the date of expiry and reserve the right to offset any annual renewal fees against any Cashback balance owing to you as shown in your E-Account statement, should a fee be applicable.

If you wish to cancel your Membership at any time, you may do this but you will forfeit any Membership fees that may have been paid, in their entirety. Once the cancellation process has been completed you will continue to be able to use the Card provided to you in accordance with its stated terms and conditions but you will no longer be able to claim Cashback or be eligible to receive any other benefit associated with the Services.

The Prepaid Debit Card

A separate set of Terms and Conditions applies to the issue of the Card and these will be provided to you as part of the application process. Certain charges will apply when using the Card or when topping-up the Card with cash, or in certain other circumstances. Details of the full tariff of charges are contained in the Terms and Conditions covering the usage of the Card itself.

Delivery Times for the Prepaid Debit Card

Whilst we make every endeavour to deliver your purchases in a timely manner please allow for up to 14 working days for the delivery of your Card. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in delivery of the Card.

Non-Deliveries: Please notify us if your Card has not arrived no more than 7 working days after the scheduled delivery time by contacting Customer Services on 01756 693270 24 hours a day, 7 days a week.

Faulty Cards: If a Card is delivered and is found to be faulty please contact Customer Services on 01756 693270 on 01756 693270 24 hours a day, 7 days a week. We will provide you with instructions to enable you to return the faulty Card and provide you with a replacement.

Discounted Gift Cards and Vouchers

Reloadable Cards and Vouchers are used to purchase goods and services from participating retailers or their websites at a discount, subject to the terms and conditions laid out on the Website and here, as amended from time to time.

Gift Vouchers and Gift Cards supplied by SVM Europe Ltd cannot be exchanged for cash. Each store group operates its own policy on issuing change, where applicable. In the case of Voucher or pre denominated card products, change may be given in the form of a lower denomination Voucher or Card. In some circumstances change, typically if under £1.00, will be given in cash. In some instances no change will be given. Vouchers or Cards which are defaced, altered or cancelled will not be accepted in shops.

VM and Incahoot & Consumer Offers reserve the right to change the range of Gift Cards and Gift Vouchers at any time, without prior notification. SVM and Incahoot & Consumer Offers take no responsibility for any changes to the Terms and Conditions relating to each individual Gift Card or Gift Voucher.

Users should refer to the back of the specific Gift Card or Gift Voucher for any retailer specific terms and conditions and expiry dates.

Risk and title will pass to the customer upon delivery. SVM can take no liability for any lost, stolen or damaged Gift Cards or Gift Vouchers once responsibility of ownership has passed to the customer at time of delivery. SVM are not directly linked to any of the retailers whose products are listed in our range. In the event that any one such product or company is placed in either administration or receivership there is no obligation on SVM to replace or exchange any previously issued, unspent Gift Cards or Gift Vouchers.

You may order Reloadable Cards via our Website. We will dispatch your cards to you by post charging a dispatch fee of £1.75, unless you select the recorded delivery option in which case the dispatch fee will be confirmed at the point of check-out on the Website. Your cards may have been dispatched inactive/unloaded, to arrive active/loaded with the value of the order. We recommend before use that you check the card balance(s) with the retailer(s), details of which are available on the back of each card, or allow 24 hours from receipt of the card(s) before use.

You may order Vouchers via our Website. We will dispatch your Vouchers via post for £1.75, unless you specify the recorded delivery option in which case delivery charges will be confirmed at the point of check-out on the Website. You will be asked at the checkout if you wish to safeguard against the loss of the vouchers in the post by using special delivery.

If you do not receive your Vouchers, please ensure you contact Customer Services within 21 days of your order so that we can investigate any lost or misplaced Vouchers. We cannot guarantee a re-issue or refund your Vouchers outside of this 21 day period.

Discounted Gift Cards and Vouchers Refund / Returns Policy

Gift Voucher orders can be returned within 7 working days of receipt. Requests for order cancellation must be made in writing to customercare@svmcards.co.uk or by calling 0844 8428200. Refunds will be made back to the credit / debit card used to purchase. Gift Vouchers must be returned by registered postage. SVM and Incahoot & Consumer Offers accept no responsibility for their return or for postage payable.

Discounted Gift Cards cannot be exchanged or refunded once activated, as we are unable to credit Gift Cards. Please be certain before ordering Gift Cards that you are choosing the correct brand. Postage costs are not refundable.

Returned Mail

SVM’s address will be the return address on the Gift Card mailing envelopes. Where relevant, SVM will notify Incahoot & Consumer Offers of returned mail and any other customer service issues. SVM will endeavour to contact the customer in the event of returned mail. If SVM is unable to contact the customer the transaction will be refunded less any postage and packaging and credit card charges.

Lost/Stolen Shipments

Customers will alert SVM regarding non-receipt of ordered Gift Cards. SVM will investigate whether the ordered card balance is still intact. SVM will contact the relevant retailer to seek to arrange a balance transfer to a new card and reship. With the exception of Gift Cards sent by tracked and insured mail, the customer will pay a £2.50 investigation fee and postage fees for the reship, as applicable. Should the Gift Card balance have been spent, or in the case of Gift Vouchers or preloaded Gift Card orders, the Programme Participant will be liable for the replacement of the order, except in the case of orders sent by tracked and insured mail.

All retailers have different policies and practices regarding deactivating and providing credits for lost or stolen Gift Cards.  SVM and Incahoot & Consumer Offers shall not be liable for any refusal of a retailer to deactivate and provide a credit for a lost or stolen card.  After receipt of the accurate order by the customer, the customer assumes all risks associated with the Gift Cards and no Gift Card returns will be accepted.

Gift Card orders sent via untracked standard mail will only be considered lost/stolen after 15 working days from the date of shipment. Customers choosing to have their orders shipped by standard mail accept the risk in doing so.

Online Cashback

Online Cashback is earned by visiting the Website, logging in and then clicking on the links to Retailers before making a qualifying purchase. The Retailer remits your Online Cashback to us and we pay the approved amount of Online Cashback to you via direct bank transfer. Qualifying purchases are tracked and we can always investigate queries but we cannot remit your Online Cashback to you if the Retailer fails to pay us.

In the uncommon event of a Retailer delaying payments for whatever reason, we will do our best to chase up the payment and award you the Online Cashback, but the Retailer's decision is final. If the Retailer reverses a payment (for example if a product is returned) we also reserve the right to recover the Online Cashback paid to your account. We also reserve the right to suspend or recover Online Cashback payments if we suspect fraud or in the event of any other kind of dispute.

The tracking and payment of Online Cashback relies on third party systems used by the Retailer over which we have no control meaning that the Online Cashback owing to you should appear in My Account no later than the end of the month, three months after the date of the original Online Cashback transaction. We accept no liability for failure in the tracking process on third party systems. Online Cashback may be affected by technical failure on the part of the Retailer, or the need for a retailer to audit a transaction by checking its own records. If any delay prevents the Retailer from tracking the qualifying action or, if for some other reason we do not receive the Online Cashback on a timely basis, then we reserve the right not to allocate Online Cashback to you until we receive it from the retailer.

If you return an item, or cancel a subscription before your obligations with the Retailer are complete then no Online Cashback will be awarded and Online Cashback already credited to your account in respect of this transaction will be removed. If you receive an Online Cashback payment that you are not eligible to receive, you must inform us by contacting Customer Services at the earliest opportunity so that the transaction can be removed or corrected as appropriate.

Rates of Cashback for each participating retailer are published for guidance purposes only. We reserve the right to change or withdraw Online Cashback rates at any time and without notice. Amendments will be posted to the Website as soon as practically possible. Current rates are displayed on the Website and are available by contacting Customer Services. It is your responsibility to check current rates before making a purchase. We reserve the right to cancel or amend any Cashback that, at our sole discretion, is deemed by us to have been awarded in error.

In the event of a technical, administrative or other error, the result of which is that the Cashback balance shown on your account exceeds the correct value then you must inform us at the earliest opportunity. The status of cashback payments paid or owing shown in your My Account account are for guidance only and represent Incahoot & Consumer Offers's then current understanding of the status of the payment.

Prepaid Debit Card Cashback

Certain retailers provide a discount to Members when qualifying transactions are made using the Card. This discount is provided in the form of a monthly Cashback payment. A list of participating retailers, types of qualifying transactions and the Cashback discounts available.

The tracking and payment of Cashback relies on third party systems used by the Retailer over which we have no control meaning that the Cashback owing to you should appear on your E-Account statement no later than the end of the month, three months after the date of the original transaction giving rise to the Cashback. We accept no liability for failure in the tracking process on third party systems. Cashback may be affected by technical failure on the part of the Retailer, or the need for a retailer to audit a transaction by checking its own records. If any delay prevents the Retailer from tracking the qualifying action or if, for some other reason, we do not receive the Cashback on a timely basis then we reserve the right not to allocate Cashback to you until we receive it from the Retailer. We will provide an E-Account for you to monitor the activity on your Card and check that your Cashback has been correctly allocated but it is your responsibility to ensure that you have checked your E-Account statement regularly and bring any queries to our attention.

If you report to us within 120 days of a qualifying transaction taking place that the transaction has not been reported via your ’My Account’ member area then we will contact the Retailer on your behalf in order to try and recover any Cashback that may be due to you. In no circumstances should you contact the Retailer directly to try and obtain credit for missing Cashback payments. All Cashback payments are subject to Incahoot & Consumer Offers receiving payment from the Retailer.

If you return an item, or cancel a subscription before your obligations with the Retailer are complete then no Cashback will be awarded and Cashback already credited to your account in respect of this transaction will be removed. If you receive a Cashback payment that you are not eligible to receive, you must inform us by contacting Customer Services at the earliest opportunity so that the transaction can be removed or corrected as appropriate.

Rates of Cashback for each participating Retailer are published for guidance purposes only. We reserve the right to change or withdraw Cashback rates at any time and without notice. Amendments will be posted to the Website as soon as practically possible. Current rates are displayed on the Website and are available by contacting Customer Services. It is your responsibility to check current rates before making a purchase. We reserve the right to cancel or amend any Cashback that, at our sole discretion, is deemed by us to have been awarded in error.

In the event of a technical, administrative or other error, the result of which is that the Cashback balance shown on your account exceeds the correct value then you must inform us at the earliest opportunity.  The status of Cashback payments paid or owing shown in your ’My Account’ member area are for guidance only and represent Incahoot & Consumer Offers then current understanding of the status of the payment.

Commercial Use

Incahoot & Consumer Offers provides you with information relating to the Services for your own use. You are not entitled to use or distribute the information on the Website or sent to you in any other way for any purpose other than for your own personal use in transacting with Retailers. Use of any content of the Website or any other communication for any other purpose, including any commercial purpose whatsoever, is contrary to these Terms. You must not display the contents of the Website in a frame surrounded by other media or adverts that Incahoot & Consumer Offers has not originated or approved.

Changes

Incahoot & Consumer Offers may modify the Services from time to time for any reason and without notice including the right to terminate all or part of the Services with or without notice without incurring any liability to you. We reserve the right to modify these Terms from time to time without notice by posting the amended terms and conditions on the Website. You agree to check these Terms regularly so that you will be aware of any changes and your continued use of the Website and the Card will mean that you agree to the changes made.

Intellectual Property Rights

The names, images and logos identifying Incahoot & Consumer Offers, its sub-contractors or Retailers and their products and services are subject to commercial business rights called copyright, design rights, patents and trademarks owned by the respective parties. These rights mean that the party who owns them can insist that they are treated in certain ways in order to protect their ownership of those rights. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, and usage or otherwise any license or right to use any trademark, patent, design right or copyright of Incahoot & Consumer Offers, its sub-contractors or Retailers. Unless otherwise specified, the copyright in the contents of all the pages in this Website are owned or licensed to Incahoot & Consumer Offers. Unless otherwise specified, the authors of the literary and artistic works in the pages in the Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

Data Protection & Privacy

The information we collect about you relates to: information obtained through the Membership application process; the Card application process; information obtained through reference checks; information obtained via usage of the Card; and information obtained from you for the purposes of managing your E-Account or your Membership.

We may disclose information about you, your E-Account and the charges on it (which may include details of goods and/or services purchased) to organisations who accept the Card in payment for goods and/or services purchased by you in order to support the Cashback claims we make on your behalf and to assist us in performing administration tasks in relation to your account; to process and collect charges on it; to manage any benefit programmes in which you are enrolled; and to help us reconcile payments due to you by Retailers arising as a result of the issue of the Card to you and/or its use by you.

We may also use information about you, your Membership, your E-Account and charges made using the Card to prepare reports for third parties about account usage for the purposes of providing targeted offers and promotions to you. Such reports only contain anonymised data and we will not disclose any information which identifies you personally.

Where you have approved the issue of a supplementary Card, you consent to the supplementary Cardholder providing us with personal information about himself or herself for additional identity authentication purposes when the supplementary Cardholder seeks to activate his or her Card, to register for Services, to get in contact with us and to access enhanced and new Services as they are introduced.

Any details which you provide to Incahoot & Consumer Offers from which we can identify you are held and processed in accordance with our Data Protection Registration, and you hereby confirm your irrevocable consent to use your Personal Data for the processing of any information, including information relating to Card transactions envisaged by these Terms. Personal data, including but not limited to profiles of users and Retailer or service provider access patterns may be used by us for the purposes of providing targeted offers and promotions to you both by tailoring of our online presence and also, where you have opted-in to receive email & SMS marketing from us, by targeted email & SMS marketing messages. Further details are set out in our Privacy Policy Statement including details of how to obtain a copy of all personal data that we hold about you. 

Information Security

Incahoot & Consumer Offers employ up to date electronic and physical security to try to ensure that your data is kept secure in accordance with the Data Protection Act and Computer Misuse Act. Whilst we use commercially reasonable efforts to check for the most commonly found viruses, worm, and or trojan horses, or other newly created viruses, we are not in a position to confirm that this Website and any links to it will be free from such viruses and cannot accept any liability in this regard due to the fast changing nature of such threats. We therefore recommend that you carry out your own virus checks, particularly before opening any link or using the site. We have no access to credit or other financial details that you give to Retailers when making purchases. You should satisfy yourself of a Retailer's security and authenticity before entering personal or financial details or passwords into any website, whether or not accessed via the Services. If you are ever unsure of a website's authenticity or security provision, you should not continue with your transaction.

IP Addresses and Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us: 

1.To estimate our audience size and usage pattern;
2.To store information about your preferences, and so allow us to customise our site according to your individual interests;
3.To speed up your searches;
4.To recognise you (or any third party for whom you are acting) when you return to our Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website. 

Termination or Suspension of Service

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

We reserve the right to close or suspend some or all of the Services at any time. We will usually try to give 30 days notice of termination or suspension, in which case you will be notified that any such aspect of our Services is being terminated.

Applicable Law and Entire Agreement

This Website is controlled, operated and administered by Incahoot & Consumer Offers from its offices within the United Kingdom. Incahoot & Consumer Offers makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. Your use of the Services and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use. These Terms constitute the entire agreement between you and Incahoot & Consumer Offers relating to the subject matters herein, except that applications for the Card will require acceptance of a separate set of terms and conditions relating explicitly to the Card.

Contact Details for Incahoot

Incahoot Ltd. registered in England and Wales No 6635483, VAT Reg No 936 434 217 at Fordbrook Business Centre, Marlborough Road, Pewsey, Wiltshire SN9 5NU. www.incahoot.com© 2008-2014 The Incahoot logo is a registered trademark of Incahoot Ltd, All Rights Reserved. (V4 30.10.2013)

 
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