This Agreement is a legal document, which sets out your rights & obligations, and those of CheckoutSmart ("we", "us" or "CheckoutSmart"), in relation to the services offered by us (the "CheckoutSmart Service"). You must take the time to read and understand it before registering for the CheckoutSmart Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 16 below.
People who register for the CheckoutSmart Service establish an "Account", and become "Account Holders".
The CheckoutSmart Service allows Account Holders to earn rewards on purchases from qualifying retailers ("Rewards"). To qualify for Rewards, we must confirm that the Account Holder has purchased a qualifying item in a qualifying retailer within the published offer period.
You must be at least 16 years of age to obtain an Account. A person may have no more than one Account. You must be a resident of the UK to register for a CheckoutSmart Account.
You must register for the CheckoutSmart Service using accurate and current information about yourself. If you are asked for, and provide, details of a bank account, Paypal account, credit card or other account into which you wish to receive payments (your Payment Method), you (a) must ensure that you are, and remain, fully entitled to use that Payment Method, and (b) confirm that you wish to receive Rewards through that Payment Method. You should keep this information updated through your Account.
Note that your Payment Method (such as PayPal) may have rules about the maximum or minimum payment that you can receive through that Payment 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 an Account Holder successfully completes a qualifying transaction, and once your account balance has reached the minimum threshold, we pass the reward on to the Account Holder through his/her Payment Method.
There are various circumstances in which Rewards will not be payable to the Account Holder, and will be forfeited to us, namely:
By uploading or including any material on the CheckoutSmart Service, an Account Holder expressly grants:
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the CheckoutSmart Service (including the material which is contributed by Account Holders or others) are owned by, or licensed to, us. No-one may copy, distribute, show in public or create any derivative work from the CheckoutSmart Service, or any of the material which is found on the CheckoutSmart Service unless properly licensed to do so by us.
CheckoutSmart is not a party to any transactions with retailers, and is not the seller or supplier of, and does not endorse, 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:
To the extent that the 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 transactions (whether completed or uncompleted) 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 Account Holder's access to the CheckoutSmart Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
An Account should be used only for purchases on the Account Holder's own behalf, and not on the behalf of, or for the benefit of, any other person(s).
Account Holders must not enter into, or attempt to enter into, any transaction with a retailer or to gain Rewards (a) by providing the personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting an offer, or (c) in breach of any terms and conditions applied by CheckoutSmart to that offer.
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 CheckoutSmart Service 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 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 CheckoutSmart Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour 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 CheckoutSmart Service. There may also be times when the CheckoutSmart Service becomes inaccessible as a result of technical difficulties experienced by CheckoutSmart; 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 CheckoutSmart 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 CheckoutSmart 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 CheckoutSmart Service. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We warrant that the CheckoutSmart Service will be provided with reasonable care and skill with the intention of meeting our specifications for the CheckoutSmart Service, but we cannot and do not guarantee that the CheckoutSmart Service will meet your requirements.
You agree upon demand to indemnify CheckoutSmart against and to be wholly responsible for 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 the written consent of CheckoutSmart 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 CheckoutSmart Service; we believe it to be fair and reasonable.
We reserve the right to change this Agreement from time to time, and post the new version on the CheckoutSmart Service. When we do so, we will post the new version of the Agreement on the CheckoutSmart Service, and the new version of these terms and conditions will take effect, and will govern the CheckoutSmart 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 CheckoutSmart 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 Account Holder, is governed by the laws of England and Wales.
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 Account Holders when they register for the CheckoutSmart Service. It is offered in English only.
We are Checkout Smart Limited, and our address for correspondence and queries is CheckoutSmart, 76-80 Great Eastern St, London EC2A 3JL. We are a company registered in England and Wales under registration no. 08209876. Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.