Terms & conditions

Last revised: 22 September 2011

1. Introduction

1. The following are the terms and conditions of our website and services. Please read through them carefully. We advise that you check this document often as the terms and conditions may change without notice. We reserve the right to change these Terms & Conditions at any time. The new version will be posted on this website and will take effect immediately upon posting. If you use the website after the new Terms & Conditions have come into effect any further use of the website indicates your agreement to be bound by the new Terms & Conditions.

2. For the purposes of this document, we have provided the following definitions:

A member is anyone who registers at our website, completes required confirmation steps through email address and SMS and has an active account. By becoming a member, the user accepts the provisions in these Terms and Conditions, as they may be amended from time to time.

Account closure is where the account is made inactive. A member may close his or her account through the user settings. Account closure results in the loss of any accrued rewards and the deletion of personal information that you have provided to us in order to become a member. Closing an account shall not exclude a user's liability for any criminal or prohibited activity.

Account termination is the immediate closure of a member's account when either there terms and conditions or those of our partners have been violated. An account termination includes all the effects of an account closure.

A participating retailer refers to those companies or individuals promoting items, services of any nature through our website and reward programmes.

The rewards refers to cashback earned on qualified purchases from retailers listed on our website or other actions.

A transaction is described in further detail in section 4 of these terms and conditions.

'You' shall mean a member of this and any affiliated website.

'We'/'Us' shall mean Quanti, the website and and service provided by Fatfish Media Limited, and its officers and employees acting on behalf of the company.

All monetary amounts stated below are in British Pounds Sterling (GBP).

2. Our service

1. Our service allows members to earn rewards on tracked purchases from Retailers listed on our website.

2. Rewards are funded by retailers. We do not fund any reward at our expense.

3. To qualify for a reward, a participating retailer must confirm that the member purchase is tracked, genuine and successful (a Qualifying Transaction), and the reward is received from the participating retailer. This is described further in Section 4 of these Terms and Conditions.

4. Help pages and other service documentation available on our website provide further information about our service.

3. Rules relating to Membership, Account termination & Closure

A. Registration

1. Registration is required to become a member and benefit from our reward programme. The reward programme is not available to individuals who are not members of the website.

2. Registration is open only to residents of the United Kingdom aged 16 or over.

3. To activate an account and become a member, the provided email address must be confirmed. In certain cases, an additional SMS verification may also be needed to complete the registration process.

4. One membership/account is available per person, two per household. A 'household' is a single postal address.

B. Membership

1. It is member's responsibility to keep their user name and password confidential and that they are not used by any other person.

2. You must use the services provided in a manner consistent with any and all applicable laws and regulations. You may not use another member's account to gain rewards for yourself.

3. Rewards cannot be transfered between accounts.

4. Members must ensure that the email address we hold for them is kept up-to-date and that they have full access to it. You are responsible for the safety and security of your email account.

5. By becoming a member, you give permission to us to provide your customer details to third party companies for their use within the rules and restrictions of the Data Protection Act 1998, unless you have indicated that you wish to opt-out. Members have the full right to opt-out of any third party communication at any time after joining. If you prefer not to receive such offers, you may indicate your preference by ticking the box provided located on the Member's Contact Preferences page. Please refer to the Privacy Policy for more information.

6. As we provide a free service, the nominal fee we levy will be used to cover the usual administration, server and customer support costs that are involved with providing such a service. The levy may be changed without notice. An administration fee of £3 per year is deducted from the rewards you have earned from using our website and services. This figure is taken from your reward balance on either the first anniversary of your membership or when you first claim a reward. Should your rewards total less than £3, we shall deduct the amount of the reward.

Please note that we will never debit anything from your bank account. Aside from the annual administration fee, there are no other charges and we do not deduct anything from the rewards you have earned.

C. Account closure

1. Members may close their account at any time. Members must contact support with the request. Account closure requests are processed within ten (10) business days.

2. We reserve the right to remove all accrued rewards from any account that has been dormant for a period of twelve (12) months or more from last login. We will contact the account holder through the registered email address to give notification if the accrued rewards are at risk of removal. If a reply is received confirming that the account is still active, we will continue to maintain the cashback balance. In the absence of a response after ten (10) days, the accrued cashback will be forfeited and account will be closed.

3. We reserve the right to refuse membership or close account at any time without notice. However, this will not affect any rewards members have been awarded prior to closure.

D. Account termination

1. A member's account may be terminated on violation of any terms listed in these terms and conditions or the terms of participating retailers or a violation of law. Criminal behaviour is not tolerated and will result in an immediate termination of an individual's account. Members engaging in criminal behaviour may be prosecuted to the fullest extent of the law.

2. The member's account may only be used for purchases for the member is his or her own name and not in the name or on behalf of any other person. Any individuals identified holding multiple accounts will have those accounts terminated without notice and any rewards collected shall be forfeited. Attempts to gain rewards, or whatever nature, for another individual will not be redeemable.

3. We reserve the right to terminate any account that is inactive (i.e. does not earn any rewards) within 3 months of registration. Prior to termination, we will attempt to contact the account holder via the registered email address.

4. Any account with false information provided will be immediately terminated.

4. Transactions and earning rewards

A. General

1. All transactions are between you and the participating retailer with whom you have purchased from and not with us.

2. Any queries, complaints in relation to the item or service offered by the participating retailer must be referred to the participating retailer and not to us.

3. Members are entitled to earn rewards in the prescribed manner and amount as detailed on our website and through authorised communications by us, its partners and clients to our members.

The 'prescribed manner' is constituted of:

i. being logged into our website;

ii. clicking on the provided icon or link immediately before making a purchase;

iii. not visiting other sites between clicking on our link and transaction completion; and

iv. not reaching merchant by any other means (e.g. using a phone) unless this is otherwise stated.

Not using the prescribed manner may result in the member not earning the advertised reward.

A transaction made through the prescribed manner is a Qualifying Transaction and such transaction shall be redeemable for a reward provided that the other provisions of these terms and conditions are met.

4. The methods of earning rewards, as well as the amounts available are subject to change from time to time and will be communicated via our website. It is the responsibility of the member to check this as there may be no prior notice.

5. Claiming rewards may require additional personal information including your full name and address. Depending on your chosen claim method, we may also require other information such as your bank account details in order to process your reward claim. These details will be stored in compliance with the law and our Privacy Policy.

6. We endeavour to keep our site up-to-date at all times and check all retailer information on a regular basis. On occasions, it is possible that erroneous or out-of-date information could be displayed on our site. In most cases, this will likely be on account of a participating retailer amending or ceasing a promotion. In addition, an advertised reward value could be revised by a participating retailer without our knowledge.

7. Unless otherwise specifically notified, rewards can only be earned via our website, and through following all and any instructions (for example, email communications) regarding earning rewards. Failure to correctly follow any required instructions or procedures may result in a reward not being earned, for which the account holder will have no recourse, right or remedy against us or any participating retailers. There may be a technical fault which results in your transaction not being tracked and eligible for a reward. For more information, please see our help pages. If this should be the case, you are to make contact with us at your earliest convenience using the contact form.

8. After you successfully complete a Qualifying Transaction, we credit your account with a reward as stated on the participating retailer's details page on our website.

9. You are responsible for assessing any tax implications that may arise through collecting rewards, and for the payment of any said taxes. We are not responsible for any tax liabilities, bank charges/payments or any other charges that you may incur in respect of claiming a reward.

10. There are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction, or reward may not result from it. Please refer to the Help pages provide further information about these circumstances.

11. Some rewards are awarded on the order value excluding VAT and/or Postage & Packaging and/or Insurance Premium Tax (where applicable). We try to publish that information in the participating retailer's description whenever applicable however there is no guarantee that this information is always provided as it depends on the information provided by the participating retailer and therefore beyond our control. We are not liable for any erroneous information provided by the participating retailer.

12. We may from time to time, and if necessary, adjust member's account (for which we have full authority) upwards or downwards in respect to accounting errors, non-payment from third parties, multiple accounts, refunds issued, products returned or suspected fraud.

13. There are various circumstances in which reward will not be payable to the member, and will be forfeited to us, i.e.:

a. Where the reward that we receive from participating retailers is not attributed to a Qualifying Transaction or associated with a member's account (i.e not complying with the prescribed manner described in Section 4(A)(3) of these Terms and Conditions).

b. The transaction to which the rewards relates is cancelled after it has been entered into, whether under the right of cancellation that applies to certain sales made at a distance, or otherwise.

c. The reward is attributed to a member or account that has been:

i. terminated by us. See the heading Account termination (Section 3(D) of these Terms and Conditions) for further details;

ii. associated with any fraudulent activity or any breach of this agreement; and/or

iii. used to make purchases on behalf of, or for the benefit of, any other person

d. Where the reward is held in, or attributable to, a member's account that has been inactive for more than twelve (12) months.

B. Reward redemption

1. Rewards earned are recorded against member's account information, however any rewards earned are never available for redemption until payment has been received in full from the participating retailer where those rewards were earned to cover the cost allocation of those rewards.

2. You agree that no rewards earned are available for redemption until payment has been received in respect to these rewards, regardless of whether they appear in your account information. You will not hold us responsible for the non-collection of any monies due in relation to your rewards, and the subsequent non-issuance or removal of rewards from your account for this reason.

3. To redeem collected rewards, the account holder must have sufficient rewards accrued and fully paid for by the relevant participating retailers.

4. Rewards that have been allocated but not yet paid for are never available for redemption.

5. To redeem a reward, accurate and correct details required for the chosen redemption method must be provided. This may include bank details, address and any other details necessary for the transaction.

6. Certain redemption methods have limits on the amount that can be claimed using that method. The following is the maximum amounts that may be claimed:

a. Cheque - £50

b. PayPal - £30

c. Amazon gift certificate - £25

There is no amount limit in using BACS.

7. A minimum value of £10 must be accrued in your account before any reward may be redeemed.

8. For redemptions by cheque, the name of the registered member shall be the payee and the cheque shall be sent by post to the address provided on the member's account.

9. Redemption by cheque shall incur a £1 handling fee.

10. We are not responsible for changes to, or discontinuance of any reward earning opportunity through participating retailers or third party companies, nor are we responsible for the inaccurate communication of rewards earned through a participating site, by that participating retailer.

5. Our Responsibilities and Rights & Exclusion of Liabilities

1. We do not make any warranty, 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 and retailers participating in our rewards programme.

2. Our website operates independently and provides some details on products from various retailers and service providers in the market. All information found on this website should be treated as an introduction to those retailers or service providers where goods and services can be purchased on their websites. The website does not provide any form of advice or recommendation of one retailer over any other. Although all of the information on this website is kept up to date, it is provided "as is" and with specific disclaimer of any warranties of merchantability. The information provided should always be confirmed on the advertiser's website directly and you agree to take such measures when using our website and services.

3. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including, but not limited to, loss of business, opportunity, data and profits) arising out of or in connection with the use of any of our websites or services.

4. The websites and services we provide are provided on an 'as-is' basis. We do not and cannot guarantee or promise results from using the services provided by any of our websites.

5. As far as permitted by law, any conditions, terms, guarantees, and/or warranties as may be provided or implied by statute, common law or the law of equity are excluded from the interpretation and application of these terms and conditions. We will not be held responsible under any circumstances for damages of any character (including, but not limited to, direct or indirect damages resulting form the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use our website or reward programme.

6. To the extent permitted by law, you agree to defend, indemnify and hold us harmless from any and all claims, damages, obligations, liabilities, losses, costs, debts and legal fees arising from your use of our website and/or violation of these Terms and Conditions and/or of any third party right. You further agree that this indemnification shall continue even if you close your account.

7. The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

8. We cannot accept liability for the services provided by any of the participating retailers featured on any of our websites. We do not endorse or take responsibility for the performance of any product or service listed on our websites.

9. In the event that you have a dispute with and/or a claim against a participating retailer, you shall do so independently and without involving us. You agree that you will not make us party to any claim against a participating retailer.

10. This website provides links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over, and will have no liability in respect of, those websites.

11. Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. While we take extreme care in securing our website, we shall not be liability in respect of any transmissions you send to us. By agreeing to these Terms and Conditions, you agree that you use our website entirely at your own risk.

12. The Website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability. This will not affect your rights to any cashback earned by you.

13. If any of these provisions contained in these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

14. Should we not enforce a provision in these terms and conditions, this shall not be construed or interpreted as a waiver of any provision or right.

6. Intellectual Property

1. The trademarks, brands and logos featured on our website remain the property of their respective owners. Our website contains proprietary property belonging to us and our participating retailers. You agree not to modify, re-post or distribute or otherwise infringe on any intellectual property rights that we or the participating retailers may have without express, written permission to do so.

2. You agree that any content that you upload onto our website may be used by us for any lawful purpose including promotional purposes, subject to fair use. 'Content' does not include personal information but any audio-visual representations (e.g. pictures, movies, drawings, etc).

7. Privacy policy

1. These Terms and Conditions include the Privacy Policy found here.

2. By agreeing to these Terms and Conditions, you agree to the use of cookies in relation to this website. You may turn off cookies at any time but this may result in reduced functionality of the website.

8. Applicable Law

These terms and conditions are governed by the laws of England and Wales. This website and services are for use in the United Kingdom only and no warranty or guarantee, implied or explicit, is made that this website complies with foreign laws and regulations.

Any claim or action must be made to a competent tribunal or court within the jurisdiction of England and Wales.

9. Contact information

Contact should be made in the first instance through our contact form.

Quanti is a trading name if FatFish Media Limited.

Registered in England and Wales. Registered office address:

FatFish Media Limited
3rd floor
207 Regent Street
London
W1B 3HH
United Kingdom

Company registration number: 06731596

VAT registration number: GB 978 4428 64

Registered with the Officer of Data Protection Registrar, Registration Number: Z1881537

Posted by Administrator on 01/06/2007

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