Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Thincheese Shopping Cash Back Rewards Program (the "Program") or using any Thincheese 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 utilizing Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Thincheese with your valid email address and a password in which to access your account. Utilising Thincheese 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 Thincheese, and Thincheese has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
1. You must be an individual, 18 years of age or older residing in the UK.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Thincheese. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Thincheese is not responsible for your inability to connect to the Internet, log into the Thincheese Web site, or access your Thincheese account.
4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Thincheese. Refusal to abide by this or any other rules may result in Thincheese stripping you of referrals and/or canceling your membership.
Accrual Of Cash Back
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases they make at the stores affiliated with and accessed via Thincheese ("Affiliated Stores"). The specific cash back payment associated with each Affiliated Store will be posted on Thincheese.co.uk. The net purchase is defined as the total amount paid to the store minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Store defines on their respective Web site. All Affiliated Store membership and/or operating agreements as they relate to their affiliate or partner programs with Thincheese and which reside on the Affiliated Store's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through Thincheese Affiliated Stores will be deemed "Qualified Purchases" and will earn cash back 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 Thincheese link to the Affiliated Store. The Thincheese link to an Affiliated Store must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Store via and Thincheese link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases must not use coupons provided by any party other than Thincheese. Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed a "Qualified Purchase."
7. The determination of whether or not a purchase made through an Thincheese Affiliated Store is a "Qualified Purchase" is at the sole discretion of Thincheese. All cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Thincheese 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. Thincheese 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.
8. If an Affiliated Store fails to report a transaction to Thincheese, or withholds payment to Thincheese for a particular transaction for any reason, Thincheese reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Thincheese at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
9. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. Thincheese may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
10. There are a limited number of purchases that are not eligible for accrual or payment of cash back rewards. We do our best to maintain an up-to-date list on our cash back exclusions page. Please note that affiliated stores regularly change policies and if an affiliated store fails to report a transaction to Thincheese, or withholds payment to Thincheese for a particular transaction for any reason, Thincheese reserves the right to cancel the cash back reward associated with that transaction.
11. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account you must contact Thincheese Customer Service within 42 days of the transaction.
12. Thincheese is not responsible for changes to, or discontinuance of, any Affiliated Store, or for any Affiliated Store withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. Thincheese is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Store site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Thincheese site, we cannot guarantee that you will be eligible to receive an Thincheese cash back reward on your purchases.
13. Money earned through the referral program will be paid along with regular cash back rewards. 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.
14. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to Thincheese. Thincheese is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email or contact information provided by the member. We are also not liable for errors made by payment partners like PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
Account Access And Password
15. Upon registration for the Program, you will select a password that will allow you to access your Thincheese account (via the Thincheese Web site) to verify transfers, check account balances, and modify your account information.
16. You must be logged into Thincheese 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 My Thincheese tab on the Thincheese Website.
17. Thincheese is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Thincheese is not responsible for any credits or debits made to your account by someone else who uses your password.
Disclosure Of Account Information
18. You authorize Thincheese to only disclose to third parties information you have provided, or information that Thincheese has obtained about your Thincheese account or shopping behavior: (i) to agents and licensors of Thincheese or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or store partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize Thincheese to receive any account information from any Affiliated Store including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, 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 Store harmless for any information disclosed to Thincheese. You allow Thincheese to collect and use non- personalized marketing information regarding visits and related to purchases made from internet commerce sites.
19. By signing up for membership at Thincheese, 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 coupons & special deals that are available to Thincheese 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 you cash back, you can close down your account by contacting customer service.
20. The Thincheese program and Software are being provided to member "as is" with no warranty. To the maximum extent permitted by law, Thincheese disclaims all representations and warranties, express or implied, with respect to the program and the Software, including, but not limited to, implied warranties of stores, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
21. Thincheese 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 stores or suppliers in conjunction with the program. In addition, although Thincheese intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Thincheese web site, Thincheese does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, Thincheese does not warrant that access to this site or use of its Software will be uninterrupted or error-free, and Thincheese 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 cash back rewards by purchasing items with an affiliated store.
Limitation Of Liability
22. In no event will any other company with which Thincheese has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a store relationship, or a licensing or supplier relationship (each a "corporate participant") be liable to you for non-performance of Thincheese obligations. You agree not to sue any corporate participant for non-performance by Thincheese. In no event shall Thincheese 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 Thincheese 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 stores or suppliers, even if Thincheese, 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.
23. Member agrees to indemnify and hold Thincheese, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney'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
24. Thincheese 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 Thincheese during the registration process. Thincheese will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Thincheese, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Thincheese of a change in your email address.
25. Thincheese 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 Thincheese Web site 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
26. 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 or redemption of cash back rewards, or any misrepresentation of any information furnished to Thincheese 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 Thincheese account and/or forfeiture of your accrued cash back rewards. Thincheese 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 Thincheese Program, Web site or Software. Any deactivated account loses accrued funds and Program access.
27. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted within forty-two (42) days of the qualifying transaction. Any such disputes shall be resolved by Thincheese at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Thincheese. In the event that an error is made by Thincheese, your sole remedy shall be the credit of the disputed cash back reward to your Thincheese account.
28. For the avoidance of doubt, these Terms and Conditions shall be subject to the laws and jurisdiction of the UK. 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 Thincheese, Member's only recourse is to immediately discontinue participation in Thincheese and properly terminate his or her membership.