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Welcome to www.pouringpounds.com. The Cashback Service is operated by Pouring Pounds Ltd ("we", "us", “Company” or "Pouring Pounds"). Please read these terms of service (“Terms of Service” or “Agreement”) carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through pouringpounds.com (“Site”).
Pouring Pounds membership is available through registration process after you submit certain requested information to Pouring Pounds. Before registration we ask whether or not you agree to current Terms of Service. If you don't agree to our Terms of Service you will not be permitted to use the Pouring Pounds service.
Our Cashback Service allows users who register on the Site ("Members") and therefore create an account with us ("Account") to earn cashback on tracked purchases from retailers on the Site ("Retailers"). To qualify for cashback, the Retailer must confirm that the Member’s purchase is tracked, genuine and successful (constituting a "Qualifying Transaction"), and your resulting cashback must be received by us (becoming "Cashback" as a result).
In the event that the Retailers do no track a transaction using their affiliate tracking system, then such sales might not be paid to the Company, and hence any due or expected cashback from these sales will also not be paid to the Member.
Unique Referral Fee:
The Pouring Pounds Service also provides a unique and ingenious referral fees to its Members where the Members get ten per cent cashback on each new Member’s Cashback introduced by them in the manner provided on the Site ("Qualifying Referral") as long as they remain a Member themselves. Please see Clause 5 below for details.
Option to Donate to Charities:
Members can donate some or all of their cashback to a chosen charity available on the website.
Our help pages and other service documentation available on the Site provide further information about our service; you should consult them concerning queries or issues you may have about our service.
You must be at least 16 years of age to become a Member.
You must register for the Cashback Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a bank account orPaypal account into which you wish to receive payments (your "Cashback Receipt Method"), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Receipt Method, and (b) confirm that you wish to receive cashback through that Cashback Receipt Method. You should keep this information updated through your Account.
Note that your Cashback Receipt Method (such as Paypal) may have rules about the maximum or minimum payment that you can receive through that Cashback Receipt Method.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.
After a Member successfully completes a Qualifying Transaction, and once we have received the resulting Cashback for that Qualifying Transaction, we pass that Cashback to the Member through his/her Cashback Receipt Method.
Pouring Pounds gives its Members a unique one-off joining bonus of £2.50 to Members who join without a Qualifying Referral and £5.00 to Members who join through a Qualifying Referral. A referral would qualify as a Qualifying Referral when during the sign-up stage a valid and existing username is filled in the Recommended by text box. We giveour Members a unique one-off joining bonus of £5.
Please note that there are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, or Cashback may not result from it. This is also true for a Qualifying Referral. The Member understands that all transactions made by him/her are not with us, but with the individual Retailer. Our help pages provide further information about these circumstances. Further, from time to time Retailers may increase or decrease the commission paid – in which case the cashback offer illustrated on our Site may be incorrect. By default, your applicable transactions will be credited in line with the commission reported to us by the Retailer, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected cashback by the Member and the actual Cashback received by the Member.
When we have traced a paying, Qualifying Transaction to your Account, we will credit your Account with a ‘pending payment’. Once the Retailer confirms the transaction, the payment will be marked as ‘validated’ – this can take 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the cashback payment will not be made. Further, in the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive any Cashback for the transaction, the Member will not receive any Cashback.
Whether a transaction shall qualify as a Qualifying for cashback Transaction (including cashback through a Qualifying Referral) shall be at the sole discretion of the Retailer or us and the Member understands and agrees to the same. We shall not be held responsible if the Retailer fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the Member and does not qualify the transaction as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst we will endeavour to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer’s tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, particularly where no purchase has been made.
When a Member sends us an enquiry on missing cashback, our system would check if the user had an exit click from our site for that store on the date mentioned by the user. If no exit clicks can be tracked then we will show a message to the Member indicating that they did not click via our website to earn cashback prior to the sale. All exit clicks to stores are saved in the database for cross reference on adding cashback values. Where a commission enquiry has been successfully paid by a Retailer, you may receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a Retailer still hasn't paid a manual commission claim after a period of six months then we reserve the right to close the enquiry claim.
We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Retailer or its agencies and/or misuse or fraud. This can include transactions which are already marked as payable or validated in your Account, or for transactions which have already been paid over to you by [BACS or Paypal] or any other means.
There are various circumstances in which Cashback will not be payable to the Member, and will be forfeited to us, these could be, without limitation:
Our help pages provide further information about these circumstances.
As soon as you become a Member, your Account will show a validated balance of your applicable joining bonus. However, your first Cashback can only be made to you when you have a £30 validated balance in your Account. Going forward, we offer a flexible option to withdraw the Cashback from your Account as long as you have over £1 in validated cashback. In the event the Member decides to close the Account with us or the Member’s Account is closed for any reason whatsoever, before reaching the initial £30 validated balance, the Member can opt to withdraw the validated balance then showing in the Account excluding the applicable joining bonus.
We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Site (including the material which is contributed by Members or Retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Site, or any of the material which is found on the Site unless properly licensed to do so by us.
By uploading or including any material on the Site, a Member expressly grants:
We are not a party to any transactions with Retailers, and are not the seller or supplier of any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
Members should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
We reserve the right to suspend or terminate any Members access to our service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.
Members must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers offering including but not limited to creating fake or unauthorized referral links, or (c) in breach of any terms and conditions applied by us or the Retailer to that transaction. We reserve the right to forfeit any pending payments or validated payments in the Member’s Account in case of such misuse of our service by the Member.
It is each Member’s obligation to ensure that any material posted by him/her or associated with his/her Account:
If you see or experience anything on our Site that appears to infringe any of the above requirements, we would like you to inform us by using our contact form.
Each Member acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Members - to be in breach of this Agreement.
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
We or our partners may offer new or additional services through the Site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Site in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
We reserve the right to withdraw, modify or suspend aspects of the Cashback Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavor to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the our service. There may also be times when the Cashback Service becomes inaccessible as a result of technical difficulties experienced by us or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Cashback Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Cashback Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the Cashback Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Site. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
The content and material from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in sub-section 13(d). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, savings, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between us and you. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
The provisions of this Clause 13 shall survive the termination or expiry of this Agreement.
Third party content and materials may appear on the Site or may be accessible via hyperlinks from the Site. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the Site or accessible via hyperlinks from the Site.
You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without our written consent assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
This Agreement is intended to contain your entire agreement with us relating to the Cashback Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Cashback Service, except for any fraud or fraudulent representation by either of us.
We reserve the right to change this Agreement from time to time, and post the new version on the Cashback Service. When we do so, we will post the new version of the Agreement on the Cashback Service, and the new version of these terms and conditions will take effect, and will govern the Cashback Service and your relationship with us:
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and us are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement, and our relationship with you and each Member, is governed by the laws of England and Wales (“Applicable Law”). You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.
We don't separately file the individual Agreements entered into by Members when they register for the Cashback Service. You can access it at www.pouringpounds.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.
We are Pouring Pounds Limited, with a company registered in England and Wales under registration no. 7346644. Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent through ‘email@example.com’, and we will send our notices to you at the email address you notify to use when you register as a Member, as changed subsequently in your Account details.