Cashback Account Terms of Use

1. This rewards program is an online service provided by Gawwk Ltd. The program enables providers of goods and services to promote their offers for sale online to you in conjunction with certain rewards ("Cashback Rewards").

2. You shall contact us only and shall not directly contact participating retailers 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.

3. The rewards program involves the payment of commission to us by participating retailers in respect of approved transactions for which we credit you Cashback Rewards.

4. Approved transactions are only those that are tracked between you and the participating retailers. 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 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 rules.

6. You must register 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 “Rules”.

7. You are only eligible to join and continue to take part in the Rewards Program 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. 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.

8. 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.

9. 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.

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

11. Cashback rewards shall be owned by us and held by you in an account created for you by us when you register. Only cashback rewards obtained from approved transactions shall be credited to your account.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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 cheque in pounds sterling to a UK address in an amount equivalent to the then balance of your account subject to each of the following criteria being met:

the balance of cashback rewards for that month earned from approved transactions is greater than £25;
each of the approved transactions in respect of which the cashback rewards have been credited for that month occurred more than 30 days before
you have activated your account in accordance with the instructions supplied as part of the rewards program.

If the balance of your account is £25 or less then it will be carried forward to the next monthly accounting period without any payment to you until it exceeds £25.

18. The cheque will be sent to the postal address identified at that time as your permanent UK residence in association with your account. If you notify us that a cheque has been mailed to an incorrect address because we were unaware of your change of address then we may re-issue a cheque to you and in that event reserve the right to deduct from the amount payable an administration charge that fairly represents the cost to us of cancelling and re-issuing the cheque, which in no event shall be less than £10.

19. Upon remittance of the cheque 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 cheque is safely received by you. In the event that a cashback cheque is lost in the post or otherwise not received by you, the missing cheque must be reported to us no later than 30 days from the date of issue. Replacement cheques cannot be issued after this period. Neither we nor participating retailers accept any liability in respect of lost or stolen cheques or the good faith return to zero of account balances, in respect of which cheques have not been safely received by you.

20. Cheques sent to you will be void 30 days from the date of issue. In our sole discretion, We may elect to re-issue a cheque to you but will not do so in any circumstances, if the cheque they are intended to replace has not at that time been presented for payment.

21. 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.

22. In the event that for a period of 12 months you do not complete any approved transactions 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.

23. We may do any of the following at any time without cause or liability and without your consent:

close your Account
amend, suspend or terminate the rewards program, any part of it or any feature within it
restrict the hours of availability of the rewards program
limit the amount of your permitted use of the rewards program.

24. 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:

if we should experience any event or process forming part of an insolvency, administration, receivership or winding up
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
we terminate your account because of a breach or suspected breach of these rules by you
if you close your account
it is automatically closed as an inactive account.

25. 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 rewards program again, whether using the same or a different identity to that under which you originally registered.

26. 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.

27. 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 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 REWARDS PROGRAM.

28. 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.

29. 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 PARTICPATE IN THE REWARDS PROGRAMME.

30. 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.

31. 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.

32. 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.

33. Where you refer a friend, who is not identified by the reward program database as being referred via your 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.

34. 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.

Gawwk Ltd may occasionally amend this document. We suggest that you bookmark this page and check to see if it has changed from time to time.