Terms and Condition
TERMS AND CONDITION
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the GiveBack Program (the "Program") or using any GiveBack software ("Software"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program ("Member"), or by utilising Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing GiveBack with your valid email address and a password in which to access your account. Utilising GiveBack Software does not confer the status of "Member" until the Software user completes the enrollment process. Participation in the Program and its benefits are offered at the discretion of GiveBack, and GiveBack has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
- You must be an individual, 18 years of age or older.
- Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of GiveBack. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
- You must have Internet access and a valid email address to be eligible to receive the privileges and benefits of membership.
- By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at GiveBack. Refusal to abide by this or any other rules may result in GiveBack stripping you of referrals and/or cancelling your membership.
Accrual Of Funds
- Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases they make at the merchants affiliated with and accessed via GiveBack ("Affiliated Merchants"). The specific payment associated with each Affiliated Merchant will be posted on GiveBack. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site. All Affiliated Merchant membership and/or operating agreements as they relate to their affiliate or partner programs with GiveBack and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
- As a Member, purchases made through GiveBack Affiliated Merchants will be deemed "Qualified Purchases" and will raise funds if and only if all of the following criteria are satisfied. "Cookies", both first and third party (if applicable), must be enabled on your Web browser. All potential Qualified Purchases must begin by clicking on an GiveBack link to the Affiliated Merchant. The GiveBack link to an Affiliated Merchant must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Merchant via the GiveBack link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases must not use discount/voucher codes provided by any party other than GiveBack. Purchases from "Vouchers Only" and "No Discount" Affiliated Merchants are not deemed a "Qualified Purchase."
- Members are required to keep a copy of all order confirmations, receipts, invoices and any order references following completion of a "Qualified Purchase" made through GiveBack Affiliated Merchants until the transaction has been verified.
- The determination of whether or not a purchase made through an GiveBack Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of GiveBack. All funds raised by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by GiveBack at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. GiveBack reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
- If an Affiliated Merchant fails to report a transaction to GiveBack, or withholds payment to GiveBack for a particular transaction for any reason, GiveBack reserves the right to cancel the transaction. Verified purchases are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by GiveBack at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
- There are a limited number of purchases that are not eligible for accrual or payment. We do our best to maintain an up-to-date list on our exclusions page. Please note that affiliated merchants regularly change policies and if an affiliated Merchant fails to report a transaction to GiveBack, or withholds payment to GiveBack for a particular transaction for any reason, GiveBack reserves the right to cancel the transaction.
- Members must not enter into, or attempt to enter into, any transaction with a retailer (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 retailer's offering, or (c) in breach of any terms and conditions applied by GiveBack or the retailer to that transaction.
- It is your responsibility to check your account regularly to ensure that funds have been properly credited and that your account balance is accurate. If you do not believe that a purchase has been correctly credited to your account you must contact GiveBack Customer Service within 7 days of the transaction.
- GiveBack is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or for any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of funds caused by such changes, discontinuance, or withdrawal. GiveBack is not responsible for changes to, or discontinuance of, any special offer or voucher code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use vouchers and specials that are not listed on the GiveBack site, we cannot guarantee that you will be eligible to receive commission.
- Money earned through the referral program will be paid along with regular commission. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.
- It is your responsibility to keep your account information current in order to facilitate the tracking of commission.
Account Access And Password
- Upon registration for the Program, you will select a password that will allow you to access your GiveBack account (via the GiveBack.ie website) to verify transactions, check account balances, and modify your account information.
- You must be logged into GiveBack and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time via the My Account section on the GiveBack.ie website.
- GiveBack is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorise your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. GiveBack is not responsible for any credits or debits made to your account by someone else who uses your password.
Disclosure Of Account Information
- You authorise GiveBack to only disclose to third parties information you have provided, or information that GiveBack has obtained about your GiveBack account or shopping behavior: (i) to agents and licensors of GiveBack or its affiliates, such as independent auditors, consultants or lawyers; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalisedmarketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of commission. Further, you authorise GiveBack to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping basket, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to GiveBack. You allow GiveBack to collect and use non-personalisedmarketing information regarding visits and related to purchases made from internet commerce sites for statistical purposes. All personal information is stored securely and we will never pass any of this information on to a third party without your explicit permission. Bank account information will never be passed on to any party unless required by law.
- By signing up for membership at GiveBack, you agree to receive communications that are account and membership related (e.g., that we've added money to your account) as well as periodic shopping-related emails that highlight voucher codes & special deals that are available to GiveBack members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded commission you can close down your account by contacting customer service.
- The GiveBack program and Software are being provided to member "as is" with no warranty. To the maximum extent permitted by law, GiveBack disclaims all representations and warranties, express or implied, with respect to the program and the Software, including, but not limited to, implied warranties of merchants, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
- GiveBack does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products, or services offered or provided by affiliated merchants or suppliers in conjunction with the program. In addition, although GiveBack intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the GiveBack.ie website, GiveBack does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, GiveBack does not warrant that access to this site or use of its Software will be uninterrupted or error-free, and GiveBack assumes no responsibility for any damage caused by your access, or inability to access, this site or your use or inability to use the software, including, but not limited to, your inability to accrue commission by purchasing items with an affiliated merchant.
Limitation Of Liability
- In no event will any other company with which GiveBack has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a merchant relationship, or a licensing or supplier relationship (each a "corporate participant") be liable to you for non-performance of GiveBack obligations. You agree not to sue any corporate participant for non-performance by GiveBack. In no event shall GiveBack be liable for any damages, claims or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused and under any theory of liability arising in connection with: (i) the program; (ii) any failure, delay, or decision by GiveBack in administering the program; (iii) the use or inability to use this web site; (iv) the use or inability to use the Software including but not limited to lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary or punitive damages, including legal fees, arising out of such use or inability to use the Software, or (v) the purchase or use of any merchandise, products, or services of merchants or suppliers, even if GiveBack, or representatives thereof, are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
- Member agrees to indemnify and hold GiveBack, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of member's use of the program, the violation of these policies by member, or the infringement by member, or other user of the program using the member's account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any member communications.
Termination Or Changes To The Program
- GiveBack reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to GiveBack during the registration process. GiveBack will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of GiveBack, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform GiveBack of a change in your email address.
- GiveBack may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the GiveBack.ie website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
Termination Of Membership
- Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual of commission, or any misrepresentation of any information furnished to GiveBack or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your GiveBack account. GiveBack also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked usage of the GiveBack Program, Web site or Software. Any deactivated account loses accrued funds and Program access.
- All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of commission for accrual, must be submitted within seven days of the qualifying transaction directly to GiveBack. Any such disputes shall be resolved by GiveBack at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of GiveBack. In the event that an error is made by GiveBack, your sole remedy shall be the credit of the disputed commission to your GiveBack account.
The commission is offered and paid by GiveBack. Our retail partners should not be contacted at any time in relation to commission offered by GiveBack. If you have any queries regarding commission please contact GiveBack directly.
- All dispute should be sent to us through the internal ticketing system or by email to support@giveBack.ie
- For the avoidance of doubt, these Terms and Conditions shall be subject to the laws and jurisdiction of the Republic of Ireland. If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless The Company terminates, suspends or otherwise limits access. Should The Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with GiveBack, Member's only recourse is to immediately discontinue participation in GiveBack and properly terminate his or her membership.