Membership Terms and Conditions

Membership Terms and Conditions

The imutual loyalty scheme ("imutual") is owned and operated by imutual PLC ("The Company"), registered in England #07296295. The term "the Company Website" shall be taken to mean the main internet website used by The Company to operate the imutual scheme, currently accessible at http://www.imutual.co.uk

Acknowledgement & Acceptance

By joining imutual you ("The Member") agree that you have read and understood this Agreement ("Agreement") and that your imutual membership shall conform to its terms and conditions.

Membership of imutual is offered at the sole discretion of The Company. The Company may modify this agreement from time to time, with or without notice, and your continued membership of imutual will be deemed as your acceptance of the new terms and conditions.

For the avoidance of doubt, these Terms and Conditions shall be subject to the laws and jurisdiction of England. 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 imutual, Member's only recourse is to immediately discontinue participation in imutual and properly terminate his or her membership.

Registering and qualifications

imutual is for the use of UK residents over 16 years of age. Corporations or other business entities are not eligible to become Members. imutual membership is limited to one individual per imutual account. imutual allows only one email address per Member. The member must have a valid UK bank account capable of receiving BACS payments. The Member agrees to provide only true and accurate information to imutual (including to its advertisers and partners) at all times, and to maintain accurate details on their account at the Company Website.

Identity
In order to maintain merchant offers for our members, we are required to undertake various measures in order to deter and prevent fraudulent activity. This includes, in a small number of cases, asking selected members to provide proof of their identity. You agree that, upon request, you will provide a copy bank statement to The Company showing your full name, current address and bank details, and agree to receive future payments by cheque / BACS in order to verify the details provided.


Inactive members

A member's account shall be considered inactive if the member does not either login to their account or earn at least one reward within a 12 month period. The Company reserves the right to close inactive accounts, with any earned Rewards being forfeit. The Company will make reasonable efforts to contact the Member using their registered email address before closing their account.


Rewards

The Company offers various rewards to its Members for carrying out actions as described by on the Company Website ("Promotions"). Promotions may operate in conjunction with various third party promoters, advertisers and partners (hereinafter referred to as "Merchants"). Merchants make payments to The Company when imutual members participate in their promotions in accordance with specified conditions. Rewards may take the form of Cashback, Shares and/or other rewards as described in the Promotion.

Members may earn rewards via their membership account for:
- participating in Promotions on the Company Website and other third party Web sites;
- responding to offers from The Company, participating advertisers and partners via email, postal mail or telephone;
- complying with the terms of other offers or programs from The Company or its Merchants.

As a member, you are entitled to earn Rewards in the prescribed manner and amount as detailed on the Company Website and through authorised communications by The Company to imutual members. The methods of earning Reawrds, as well as the amounts available are subject to change from time to time and will be communicated via the Company Website. A member's failure to correctly follow any required instructions or procedures may result in no Rewards being earned, for which the account holder will have no recourse against The Company nor any of its Merchants.

The rewards a Member may earn from a particular promotion may be expressed either as a fixed reward or a percentage of the Member's transaction value (sometimes referred to as "order value"). Unless specifically stated otherwise, the Member should assume that the calculation of such percentages will exclude costs such as delivery charges, VAT and other taxes.

Circumstances where rewards will not be payable to the Member include, but are not limited to:
- The Member did not use the correct link whilst logged into their imutual account
- The Member did not fulfil the terms of the offer as described by imutual
- The transaction is not tracked by the Merchant and the member fails to follow our claims procedure
- The transaction is cancelled (either in part of full) by the Member (e.g. Goods returned)
- The transaction is not completed wholly online
- The Member's account is suspended by us for any violation of these terms
- The Member's account has been inactive for a period in excess of 12 months

Cashback Guarantee

Sometimes a merchant will fail to track or pay cashback even though The Member has met all the conditions of the offer. Over 95% of our cashback offers are covered by our Cashback Guarantee - indicated by a "Tick" symbol within the Special Conditions. For these merchants, we will honour the cashback provided that the Member:
- Uses the correct link on the Company Website (and no other) to visit the merchant immediately before making your purchase
- Fulfils all the conditions of the offer, as detailed on the Company Website
- Submits a claim, in the event that the transaction fails to track correctly.
- If the claim gets rejected by the merchant, The Member must let us know that they want to claim under the Cashback Guarantee and provide a proof of purchase as specified by our Customer Service team.


Directors Personal Guarantee

In the unlikely event that The Company became insolvent, all directors of The Company are required to personally guarantee payments to any member for cashback which has been validated (i.e. the merchant has either paid for the transaction or confirmed that the transaction is valid) but has not been paid out to the member

Reporting of rewards

Tracked transactions are reported against your account on the Company Website, along with their status (e.g. "Pending", "Extended", "Rejected", "Awarded"). Rewards associated with such transactions are only deemed to have been earned once the transaction status is shown as "Awarded" i.e. all conditions of the Promotion have been met, and we have received payment from the merchant or have otherwise agreed to award the cashback to the member (e.g. under the Cashback Guarantee).


Earning and redeeming cashback

Where rewards are offered in the form of cashback, the Company credits The Member's account with cashback ("cashback"). Once cashback is shown with a status of "Awarded", The Member may then request that the cashback is paid into their bank account, or by other payment methods as may be offered to individual members by The Company at that time. The Company reserves the right to restrict individual members to the BACS payment option, at the Company's discretion.

Note that all payment methods may be subject to a minimum or maximum cashback value, as published on the Company Website. This threshold may vary from time to time, and according to the payment method.

Cashback is valid for 12 months from the date of being awarded and must be redeemed within those 12 months. The Company reserves the right to remove all Cashback awarded that is older than 12 months.

Earning shares

Where rewards are offered in the form of shares, this means that the stated number of ordinary shares in The Company will be allocated to The Member in the event that the transaction is validated and paid for by the merchant. The Member will be required to complete a one-off Shareholder Registration process on the company Website, and procedures related to shares (e.g. updating the shareholder register, issuing share certificates) will be as described on the Company Website.

Claims & Disputes

Any member wishing to raise questions or disputes regarding imutual, including without limitation, questions regarding participation and eligibility should do so in accordance with the instructions on the Company Website.

Members should not contact our Merchants regarding any issues related to the awarding and redemption of Rewards, which is the sole responsibility of The Company. Any infringement of this condition may result in immediate termination of membership.

Unless specifically notified otherwise, all goods and services promoted by our Merchants are provided solely by the named supplier, and The Company makes no warrant in respect to them. You must exchange defective products or goods by following the supplier-designated procedures.

All interpretations of these terms and conditions shall be at the sole discretion of The Company. In the event of an error by The Company your sole recourse will be the crediting of any disputed Rewards.


Tax
You are responsible for assessing any tax implications that may arise through earning Rewards under the imutual scheme, and for the payment of any said taxes.

Transfers

Rewards may not be transferred to other accounts nor pooled together in any manner. The sale or barter of Rewards is strictly prohibited by The Company.

Communication

It is a condition of imutual membership that the Member provides a valid email address, full name and postal address, and The Company reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages") - and may be sent via email or regular mail. Members can elect to stop receiving newsletters and other emails related to specific promotions, but cannot unsubscribe from these Administrative Messages whilst retaining Membership.

The Company is under no obligation to provide Members with any particular number of Promotions or send messages to them.

Upon registration, your profile will be created with default settings to determine which kind of communications you will receive from us. You can change your preferences at any time by updating your profile via the website.

Termination

At any time either The Member or The Company may terminate the member's membership with or without cause. Membership immediately ceases upon termination. The member will be entitled to receive payment for any unredeemed Rewards, except in instances where they have not adhered to these terms. The Company shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Rewards) shall be final and binding.

In the event that a Member expressly requests to leave imutual, no further communication will be entered into between The Company and the Member, and any unredeemed rewards will be forfeit.

Other Membership Facilities

The Company may provide additional facilities on the Company Website, not directly related to the earning and redemption of Rewards, such as; discussion forums, private messaging and other means of inter-member communication. The Member should use such facilities in accordance with the Terms of Use and guidelines as published on the Company Website. The Company reserves the right to withdraw such facilities from an individual Member either temporarily or permanently and / or terminate their membership, in the event that The Member's use of such facilities is in breach of these Terms and Conditions or otherwise contrary to the interests of the Company.

Note that The Company accepts no responsibility for the accuracy or otherwise of communications made by other Members using these facilities. Complaints about such communications should be made in writing to The Company at its head office.

Intellectual Property

For any content that The Member submits or uploads to the Company Website, they grant:
to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce and distribute any such content through the Company Website and any other interactive services
to other Members (through us, under the licence referred to above), the non-exclusive, personal, non-transferable right to view that content.

All Intellectual Property Rights in and to the Company Website, including the Software, the Website, the Servers, trademarks, service marks, trade names, logos, domain names, taglines, user-contributed content and trade dress (collectively, the "imutual Marks") are owned by, or licensed to, the Company. No person may copy, distribute, show in public or create any derivative work from the Company Website, or any of the material which is found on the Company Website unless properly licensed to do so by the Company.

Access and security

Each member joining imutual will register under their username and password, which should not be disclosed to any third party.

For authorisation and redemption purposes, you will be required to identify yourself through your username and password. For the avoidance of doubt, any individual logging in with a correct username and password will have full access to that account, and it is the sole responsibility of the account holder to ensure that this information is not made available to unauthorised individuals.

Access to your account is password protected and we never release details of this to third parties. Details are only released when we receive an email from the email account of the member. If you have forgotten your password, please use the 'Password reminder' facility on the Company Website to request your password and username.

Note: You should NEVER reveal your password to anyone. No employee or agent of The Company will ever ask you to reveal your password. The Company cannot be responsible for any activity in your account which results from a member not keeping their password secure

Warranty

The imutual scheme is being offered to individuals "as is" with no warranty to the maximum extent as permitted by the law. The Company disclaims any representation and warranties, express or implied, with respect to the scheme, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.

The Company does not make any warrant, guarantee, or make any representations regarding the quality of, or assurance of any advertisement or any merchandise, products, or services offered or provided by third party companies participating in the imutual scheme.

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