Quidco Account Holder Agreement

1. Introduction

This Agreement is a legal document, which sets out your rights and obligations, and those of Quidco ("we", "us" or "Quidco"), in relation to Quidco's site and app and the services offered by us through them (each a "Quidco Service"). You must take the time to read and understand it before registering for the Quidco Services. By registering or transacting with us, 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.

When you register for or transact with or through the Quidco Services you establish an "Account" and become an "Account Holder".

2. The Quidco Services

The Quidco Services allows Account Holders to make purchases from retailers which may qualify for cashback.

The Quidco Services are:

• The Quidco cashback service for website and app-based transactions
• The Quidco Compare cashback service for price comparison services
• The ClickSnap cashback service for instore supermarket purchases
• The Quidco Payout service for gift card exchange services

Unless otherwise indicated, this Agreement applies to each of these Quidco Services. Any separate or additional terms for individual Quidco Services are stated below.

This is how it works. Quidco receives a referral fee ("Referral Fee") for qualifying purchases the Account Holder makes from a retailer (“Qualifying Transaction”). The Referral Fee is payable to Quidco by the retailer once the retailer confirms that a Qualifying Transaction has been made.

On receipt of the Referral Fee that Quidco receives, we will make cashback payments to Account Holders in accordance with the terms of this Agreement.

Account Holders who have entered into Qualifying Transactions for which Referral Fees have been received by us will be able to see a positive account balance on their Account (a "Balance") which will reflect the applicable cashback rate advertised on the Quidco website or app for the Qualifying Transactions. A Balance does not itself represent a sum of money held by Quidco on an Account Holder's behalf.

Subject to any premium retention fee that the Account Holder must pay to Quidco if you have been enrolled onto a Quidco premium account, the Balance will be converted into a cashback amount ("Cashback") when the Account Holder requests payment of the Balance (“Balance Withdrawal Request”).

Cashback will only be payable to you once all checks relating to such payment have successfully been completed in accordance with our internal policies. See Clause 4 for more about Cashback.

When we refer to retailers, we mean sellers and suppliers of goods or services that agree to enter into Qualifying Transactions and pay us Referral Fees.

The Quidco Services each work slightly differently:

• Quidco cashback service for website and app-based transactions:
  • a Qualifying Transaction is entered into by an Account Holder through the Quidco website or app with a retailer for an offer the retailer makes through the Quidco website or app
  • you can find out more here: https://www.quidco.com/how-it-works/
• the Quidco Compare cashback service for price comparison services
  • a Qualifying Transaction is one that is entered into by an Account Holder through Quidco Compare with a retailer as a result of a product/service comparison made using that Quidco Service
  • you can find out more here: https://www.quidco.com/how-it-works/
• the ClickSnap cashback service for instore supermarket purchases
  • a Qualifying Transaction is a current ClickSnap retailer offer:
    • that you redeem instore, and
    • for which you provide us with information in accordance with, and meet the requirements of, the ClickSnap Terms and Conditions,
  • for each Qualifying Transaction:
    • you must provide through the ClickSnap mobile app or through your Account a copy of the receipt for your Qualifying Transaction within seven days of entering into it the transaction
    • you must ensure that the copy of the receipt you provide, and that you, the transaction and all other information you provide, comply with the ClickSnap Terms and Conditions
• the Quidco Payout service for gift card exchange services
  • allows Account Holders to receive payment of Cashback in the form of an e-gift card with a payout bonus which they choose from a selection of retailers

For all Quidco Services, each retailer offer is subject to such terms and conditions as the retailer applies to the offer

Our help pages and other service documentation available on the Quidco site provide further information about the Quidco Services; you should consult them concerning queries or issues you may have about the Quidco Services.

3. Obtaining an Account

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 Quidco Account.

In using or registering for the Quidco Services, you must provide accurate and current information about yourself, including, where requested, your correct name, address, and any other requested details. 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 “Cashback Withdrawal Method”), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Withdrawal Method, (b) confirm that you wish to receive Cashback through that Cashback Withdrawal Method, and (c) ensure that the details of that Cashback Withdrawal Method are, and continue to be, accurate. You should keep this information updated through your Account.

Our Privacy Policy contains important information on how we deal with your personal information you provide through your Quidco Account, including information derived from activity through your Cashback Withdrawal Method.

Note that your Cashback Withdrawal Method (such as Paypal) may have rules about the maximum or minimum payment that you can receive through that Cashback Withdrawal 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.

4. Cashback

After an Account Holder successfully completes a Qualifying Transaction for which we have received the Referral Fee and the Account Holder has made a Balance Withdrawal Request in accordance with Clause 2 of this Agreement, we pass the related Cashback on to the Account Holder through his/her Cashback Withdrawal Method once all necessary checks relating to the payment have successfully been completed in accordance with our internal policies.

Please note that there are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction and Cashback may not result from it. Our help pages provide further information about these circumstances. There are various circumstances in which sums will not appear in an Account Holder's Balance, and will be forfeited to us, namely:

1. where a Referral Fee is received by us but is not attributed to a Qualifying Transaction or associated with an Account (such as where the Account Holder is not logged-in to the Quidco Service when making the relevant purchase)
2. the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised
3. a Balance is attributed to an Account Holder or Account that has been:
   1. suspended by us under Clause 8 of this Agreement;
   2. associated with any fraudulent activity or any breach of this Agreement;
   3. used to make purchases on behalf of, or for the benefit of, any other person
4. where a Balance is attributable to an Account that has been inactive for more than six months: an Account is inactive where the Account Holder does not log into it.

Our help pages provide further information about these circumstances.

5. Intellectual Property

By uploading or including any material on the Quidco Service, an Account Holder expressly grants:

1. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the Quidco Service and any other interactive services through which we or our sub-licensee make the Quidco Service (or a service based on the Quidco Service) available; and
2. to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Quidco Services (including the material which is contributed by Account Holders 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 Quidco Services, or any of the material which is found on the Quidco Services unless properly licensed to do so by us.

6. Privacy policy

Our Privacy Policy sets out details of how we handle your personal data and related matters.

Given the global nature of the World Wide Web, please note that a posting on the Quidco Service may be accessible to internet users around the world.

7. Our Role

Quidco 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:

1. the quality, safety, or legality of the goods or services available from retailers; or
2. whether the retailer can or will supply and pass good title to any goods or services.

Account Holders should exercise no lesser degree of caution in entering into transactions with retailers than they would when entering into a similar transaction elsewhere.

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.

8. Misuse

We reserve the right to suspend or terminate any Account Holders access to the Quidco Services, 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 endeavour 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 retailer's offering, or (c) in breach of any terms and conditions applied by Quidco or the retailer to that transaction.

It is each Account Holder's obligation to ensure that any material posted by him/her or associated with his/her Account:

1. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
3. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
4. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
6. where it constitutes feedback on a retailer, is accurate and fair; and
7. does not advertise any goods or services.

We are not liable for the review or monitoring of any such material. If you see or experience anything on the Quidco Services that appears to infringe any of the above requirements, we would like you to inform us by emailing quidcosupport@quidco.com.

Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.

9. Contact from third parties

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
2. to respond promptly and accurately to it, should we pass the message to you for a response.

10. Additional services

We or our partners may offer new or additional services through the Quidco Services 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 Quidco Services in an appropriate manner 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.

11. Operation of the Quidco Service

We reserve the right to withdraw, modify or suspend aspects of any Quidco 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 adversely affect the Quidco Service. There may also be times when the Quidco Service becomes inaccessible as a result of technical difficulties experienced by Quidco 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 Quidco 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 Quidco 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 Quidco Service; however, we will never ask you for your password via email, telephone, or any other means other than through the www.Quidco.com website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

12. Liability

1. We warrant that the Quidco Services will be provided with reasonable care and skill with the intention of meeting our specifications for the Quidco Services, but we cannot and do not guarantee that the Quidco Services will meet your requirements.
2. Quidco shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
3. Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence.
4. Subject always to sub-clause e. below, Quidco shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Quidco's aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you obtain your Account, shall be limited to the greater of (a) £5 (five pounds sterling), or (b) the amount of the then-current fee paid by you in respect of that twelve-month period.
5. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
1. for any loss of revenue, business, anticipated savings or profits, or
2. for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Quidco Services or other non-performance of this Agreement or otherwise.
6. To avoid doubt, nothing in this Clause 12 limits our obligation to pay Cashback to an Account Holder in accordance with the terms of this Agreement.
7. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
8. For the avoidance of doubt, Quidco will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with retailers, or any activity or communication relating to such material or transactions.
9. The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.

13. Indemnity

You agree upon demand to indemnify Quidco 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.

14. Assignment

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 Quidco assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

15. Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to the Quidco Services; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Quidco Services, except for any fraud or fraudulent representation by either of us.

16. Changes to this Agreement

We reserve the right to change this Agreement from time to time and post the new version on the Quidco Services. When we do so, we will post the new version of the Agreement on the Quidco Services, and the new version of these terms and conditions will take effect, and will govern the Quidco Services and your relationship with us:

1. commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Quidco Services; or
2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.

17. General

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 Quidco 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.

18. Law

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.

19. Keeping this Agreement

We do not separately file the individual Agreements entered into by Account Holders when they register for the Quidco Services. You can access it at www.quidco.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.

20. Contact

The provider of the Quidco Services is Quidco Ltd, a company registered in England and Wales under registration no. 5498276 whose registered office is at MONY Group House, Saint David’s Park, Ewloe, Chester, CH5 3UZ and whose VAT registration number is 396 1551 71. When we say "Quidco", "we" or "us", we mean the provider indicated above.

Our address for correspondence and queries is MONY Group House, Saint David’s Park, Ewloe, Chester, CH5 3UZ.

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 via our contact form, and we will send our notices to you at the email address you notify us to use when you register as an Account Holder, as changed subsequently in your Account details.