FIZZ BENEFITS LIMITED TERMS AND CONDITIONS

The use of FizzBenefits.com is subject to the following terms and conditions.

FizzBenefits.com is owned and operated by Fizz Benefits Ltd (referred to as ‘we’ or ‘us’ below).

By entering our site or enrolling, you as a user (referred to as ‘you’ or ‘member’ below) are accepting our terms and conditions.

Site Membership & Termination of Accounts

Firstly, we should let you know that you can, of course, cancel your membership at any time.

We are happy for you to make the occasional cashback transaction on behalf of other family members or close friends. In other words, we don’t insist that each family member or close friend necessarily have to create their own account. This is subject to fair usage however and one account should not be used to make purchases on behalf of many other people.

One account is allowed per UK resident. That person must be living in the UK to qualify for an account and receive cashback from our advertised merchants. This is a condition that many of our merchants insist upon.

We reserve the right to refuse membership and further, in the event of fraudulent, abusive or other activity we determine to be un-fair, we reserve the right to terminate your account. In addition, please note that accounts may be disabled if they are deemed to be dormant accounts.

As a condition of membership, you will need to accept service emails from Fizz Benefits and authenticate your email address.

We reserve the right to terminate a member's account if a serviceable email address is not provided and also if that member marks our emails as abusive junk or spam.

Cashback Rewards

As an enrolled Fizz Benefits member you may earn 'cashback' or a cash reward from a number of Merchants as illustrated on the website. Note that all transactions you make are not with us, but with the individual retailer. We pass on the cashback we earn from merchants and their tracking agencies for your applicable transactions, where the credit can be traced directly to your account by means of an identification tag provided in the reports of the merchants and their tracking agencies.

Cashback amounts offered to our members may vary from commission received by us based on terms and conditions imposed by individual retailers and their agents, or for any other reason at our discretion. Any added cashback bonus must be £0.01 or more for it to be applied to your transaction. Some low value transactions may not therefore be eligible for a cashback bonus.

From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions; neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.

When we have traced a paying, applicable transaction to your account, we will credit your account with a ‘pending payment’. Once the retailer confirms the transaction, the payment will be marked as ‘confirmed’ – this can take 30 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the cashback payment will not be made.

Applicable transactions for cashback can be defined as transactions that fulfil the following criteria:

  1. Transactions which are tracked directly back to your account by means of an identifying tag, as reported to us by the merchants and/or their tracking networks. Please note that you must be logged into our site at the time you click through to the merchant in order to have your transaction tracked by means of the identifying tag.
  2. You also must click through to the merchant via the main ‘Continue’ or ‘Continue to Merchant’ buttons on our site.
  3. Certain repeat purchases also may not qualify for cashback and you must purchase for genuine reasons. You must complete your transaction after clicking directly through to the merchant from whom you wish to purchase (not via any other third party sites) from the Fizz Benefits website and purchases must then be completed immediately and wholly online. If the merchant decides your transaction wasn’t genuine for any reason, or if the merchant decides that your custom, (whether tracked or not), was deemed to have been provided by another website (such as but not limited to a comparison site or a search engine) then your transaction will not be applicable.
  4. If your account is terminated or disabled for any other reason, then your cashback will be forfeit and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.

Please note that you can maximise your chances of earning commission over several purchases if you click through to the merchant site from Fizz Benefits directly before each purchase.

We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.

If you are associated with more than one Fizz Benefits account (i.e. husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.

Whilst we will endeavour to recover non-payments from the retailer, the decision of ourselves, the retailer or retailer’s tracking agent is final. Whilst we will try and recover missing cashback, at any point we reserve the right not to chase missing cashback claims, particularly where no purchase has been made.

Where a cashback enquiry has been successfully paid by a merchant, you may receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a merchant still hasn't paid a manual cashback claim after a period of six months then we reserve the right to close the enquiry claim.

Fizz Benefits reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a merchant or its agencies. This can include transactions which are already marked as Payable in your Fizz Benefits account, or for transactions which have already been paid over to you. Fizz Benefits reserves the right to apply fraudulent prevention measures as it sees fit.

For the avoidance of doubt and notwithstanding any other provision of this Agreement or the Website, you agree that in all circumstances payment of Cashback is at our sole discretion and further we may refuse to make payment of Cashback to you for any reason including but not limited to non-payment or late payment by the Merchant.

Payment Schedule

Cashback payments will be issued at your request. You will be able to request a cashback payment once you have any PAYABLE funds in your account. There is no lower threshold limit before you can withdraw your payable funds by BACS or by PayPal. Commission payments received by ourselves are held as our funds until such time as they are sent in the form of cashback to our members. Once a payment has been made there may be a small period before you can request your next payment.

Should a retailer delay payment or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to payment until funds have been received from the retailer or their agents.

Individual payment methods may be limited or withdrawn on a discretionary basis to ensure only UK payment transactions are made as per our membership terms. Payment details must be kept accurate by yourself to avoid losing any due payments. Payments made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in payment. At any point we reserve the right to put payment requests on hold pending any investigation, this may be the case where unusual account activity is detected and verification is therefore required in order to deem the transactions as genuine.

Reloadable Store cards and paper vouchers

Order fulfillment

Fizz Benefits will fulfill and ship the Gift Cards to the designated member at the designated shipping addresses as provided by the member when placing their orders. Fizz Benefits will ship the Gift Cards to the designated ship-to addresses. For orders with multiple Gift Cards of the same brand or multiple Gift Card brands, Fizz Benefits will combine the cards into one shipment. Except in the case of backorders resulting from delays in the shipment of cards from retailers to Fizz Benefits. Fizz Benefits will endeavor to ship Gift Cards within two business days of receipt of the Order. The service level commitment set forth in the immediately preceding sentence shall not apply in the event of an extraordinary increase in card order volumes so long as Fizz Benefits is diligently working to fulfill all such card orders within a reasonable time.

Card Status

Fizz Benefits will maintain a sufficient inventory of gift cards for fulfillment and shipping as described above. Gift Cards may be shipped inactive. Cards which are not active at point of dispatch will activate in transit. Members should check the balance of their card, prior to use.

Backorders

Fizz Benefits will use all reasonable efforts to maintain a sufficient inventory of cards to avoid having any such delay impact the timing of shipping of any cards. In the event that any retailer delays would cause Fizz Benefits to be unable to ship any cards for more than five (5) business days after the originally scheduled shipping date, Fizz Benefits shall notify members.

Returned Mail

Fizz Benefits’ address will be the return address on the Gift Card mailing envelopes. Fizz Benefits will endeavor to contact the member in the event of returned mail. If Fizz Benefits is unable to contact the member, the transaction will be refunded less any postage & packaging and credit card charges.

Lost/Stolen Shipments

Members will alert Fizz Benefits regarding non-receipt of ordered gift cards. Fizz Benefits will investigate whether the ordered card balance is still intact. Fizz Benefits will contact the relevant retailer to seek to arrange a balance transfer to a new card and reship. With the exception of cards sent by tracked and insured mail, the member will pay a £2.50 investigation fee and postage fees for the reship, as applicable. Should the card balance have been spent, or in the case of voucher or pre-loaded card orders, the member will be liable for the replacement of the order, except in the case of orders sent by tracked and insured mail.

Retailers have different policies and practices regarding deactivating and providing credits for lost or stolen cards. Fizz Benefits shall not be liable for any refusal of a retailer to deactivate and provide a credit for a lost or stolen card. After receipt of the accurate order by the member, the member assumes all risks associated with the Cards and no Card returns will be accepted.

Gift Card orders sent via untracked standard mail will only be considered lost/stolen after 15 working days from the date of shipment. Members choosing to have their orders shipped by standard mail accept the risk in doing so.

Dormant Accounts

In order to minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant accounts. In order to keep an account active and ensure it doesn’t get marked as dormant, we do not require purchase transactions, but we do require you simply to log in to your account at least once every 6 months.

Modification of Agreement

We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website. The new terms will come into effect no later than 30 days after the modification.

Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Copyright

www.Fizz Benefits.com is protected by copyright. The site, in whole or in part, is for your personal use only. You may not reproduce, or make available any part of the site, with or without amendments, other than for your own private use. Nor may you reproduce or make available any of the data contained within the site without our express written consent. You may not distribute or commercially exploit this site, without the express written consent of Fizz Benefits Limited. We reserve all other rights.

Linking from External Websites

www.Fizz Benefits.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.

Links to External Websites

www.Fizz Benefits.com links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

Un-Authorised Use Of Our Website

If it is found that the Fizz Benefits website is being tampered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, email cloaking, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any earnings may become forfeit. To protect our merchants, any suspected abuse of an offer may lead to transactions being revoked. Any transaction deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Fizz Benefits Limited or other entities. Where this is the case then you will be required to update this to a suitable name.

Impersonation of Fizz Benefits within www.Fizz Benefits.com or external sites will not be tolerated. If a member is found to be impersonating Fizz Benefits, and therefore misleading other members, then action will taken and the account in question may be terminated.

Virus Disclaimer

We take all reasonable effort to test material before placing on our website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this website.

Jurisdiction and Severance

These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Privacy Policy

Fizz Benefits treats member’s privacy very seriously and we do all that we can to ensure that the data held on our members is protected and used correctly.

The privacy policy below details what information we hold on you as a member of Fizz Benefits and the ways in which we use this information.

OVERVIEW

The data collected or stored by Fizz Benefits is used in conjunction with the member Terms and Conditions. The data held is used to allow us to offer cashback discounts and functions/services which relate to the provision of cashback as well as Reloadable Store cards and paper vouchers, E-Tickets and Voucher codes.

DATA COLLECTED/HELD ON MEMBERS

In order to register for our service, we only require an email address (and a password).

Prior to sending any payments, we will also require details in order to make payment – this may be in the form of BACS details or a registered PayPal email address.

We also keep accounts updated with cashback levels based on your purchase history via the Fizz Benefits website. In order to track the cashback, we keep a record of your clicks to merchant pages.

It is possible that we will wish to use customer information in unanticipated ways, not stated in our Privacy Policy. In this event, we will contact individuals before using the data for new purposes, so that the individual users may opt-out if they wish. If any user feels this site is not following its stated information policy, then they may inform us by sending a Support ticket.

HOW DO WE SHARE THIS DATA/WHO WITH?

We do not pass users' personal data on to third parties, unless specifically requested to do so by the users or where it is a required to help obtain/track or validate cashback earnings.

On rare occasions personal data may also be disclosed if we are requested to do so by law, or receive a valid request for its disclosure – for example fraud prevention measures. These details passed on will not be used for marketing or any other purposes.

HOW SECURE IS YOUR DATA HELD BY US?

At Fizz Benefits, we treat the security of your data extremely seriously and have a number of measures in place to ensure that your data isn’t compromised or accessed unless absolutely necessary to offer our services.

All of our data is held on secure servers and password/payment details are encrypted. Only staff members of Fizz Benefits have access to this data and they may only see the last 4 digits of details such as your bank account number.

COOKIE POLICY

Cookies are small pieces of data or information that are stored by a users browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.

In order to track your purchases, cookies are stored on your computer; they simply store tracking information so that when you visit a merchant via Fizz Benefits, any purchases made will result in the merchant reading this information. The merchant will then send us information about your purchase, at which point we can then credit your account. Therefore in order to use the Fizz Benefits service and earn cashback, it is a requirement to have cookies enabled in your browser software.

Cookies may also be used by Fizz Benefits to enable full use of our website, including logging in and user preferences. If a user can sign-in to our site, then they most likely have cookies enabled.

We recommend that all users enable cookies in their browsers in order to make full use of the site and in order to ensure that any purchases on third party sites are recorded. You may refuse to accept cookies by adjusting the settings of your browser software, however, if you do not have cookies enabled, third-party merchants will not record your purchases and you will not be able to earn cashback from our service.

For more information regarding the use of cookies, please visit http://www.allaboutcookies.org or http://www.microsoft.com/info/cookies.mspx

Cookies are used by Fizz Benefits to perform the below functions:

  1. To track your transactions. When you make a purchase on a merchant's site it is third party cookies used by our tracking agency that give us the information to track your cashback. Specifically it tells us which retailer's site you've clicked through to and when. If you've made a purchase this cookie will be used by the merchant to recognise Fizz Benefits as the referrer and hence report the relevant cashback to us.
  2. To test if your tracking works.
  3. For us to recognise your user account and to keep you logged in to your Account for a period of time.
  4. To show you deals based on your behaviour during that session e.g ‘Recently Visited Merchants’
  5. Allow us to comply with your choices about the display of information in your Account.
  6. Remember the options you select.

Having reviewed the use of cookies as part of the Fizz Benefits service, we believe that the cookies used are strictly necessary to offer the services/provision of cashback and related services and/or are non-intrusive cookies which are used to enhance the service offered.

EMAIL SETTINGS

We do not send Junk Email or Spam!

A few of our service emails are essential to allow the use of Fizz Benefits and so it is not possible to opt-out of receiving these.

DISCLOSURE OF PERSONAL DATA

As part of our compliance with the Data Protection Act 1998, we give members the opportunity to view any information held on them as an individual. This may include purchase information, account totals, contact details and other information.

Users may request this information by sending us a Support ticket. There may be a small administration fee for requesting this information, which will be no more than £5.

COMPANY DETAILS

FIZZ BENEFITS LIMITED whose Registered Office is at Brook Point, 1412 High Road, London, N20 9BH, a Company registered in England and Wales, Company Registration Number 08168144

Registered under the Data Protection Act. Registration No. ZA024697