TERMS AND CONDITIONS

Definitions
In the following terms and conditions, the words here defined have the following meanings:

Terms
These terms and conditions 

B2/we/us
B2 Marketing Ltd
Company registration number: 06341542
e-mail: info@poundpig.com

Poundpig
A website (www.poundpig.com) operated by and for the benefit of B2 Marketing Ltd

Rewards Scheme
The scheme offered via Poundpig and to which these Terms apply

Porky Pounds
The Rewards offered to you by the Rewards Scheme

Confirmed Transactions
Transactions between you and Advertisers in agreement with these Terms, the terms of any Advertiser’s promotion and any other applicable terms and conditions, for which you have initiated Transaction Tracking and which has been confirmed to Poundpig by the Advertiser as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.

Advertiser(s)
Providers of goods and services who promote and offer their goods and services to you via Poundpig for sale online, in conjunction with the Rewards Scheme

Goods/Services
Goods and/or services offered by the Advertiser(s)

Account
An account into which Porky Pounds can be credited, which is created for you by Poundpig upon registration for the Rewards Scheme

Transaction Tracking
What is this? An option available online (at point of purchase?) allowing Reward Scheme Participants to track the progress of transactions with Advertisers?

Pending Transactions
Transactions marked with a pending status in your Account, awaiting final confirmation from the Advertiser.
 
Unpaid Transaction Query
Query opened by you with Poundpig in respect of either Confirmed Transactions which are not pending to your Account, or Pending Transactions for which Porky Pounds have not been credited.

Inactive Account
An Account which in a period of 12 months has registered no Confirmed Transactions and on which the balance has not changed.

Refer a Friend
A programme in connection with the Rewards Scheme in which you can refer new users in consideration for bonus Porky Pounds

General conditions

1. The Rewards Scheme enables Advertisers to promote and offer Advertisers’ Goods/Services for sale online to you in conjunction with Porky Pounds.

2. Advertisers’ Goods/Services are promoted and offered for sale online as part of the Rewards Scheme through certain websites, all of which are operated by Poundpig/B2.

3. The Rewards Scheme involves the payment of commission to Poundpig by Advertisers in respect of your Confirmed Transactions, for which you will be credited Porky Pounds.

4. “Confirmed Transactions” are only those where all of the following criteria are satisfied:
a) The transaction is between between you and Advertisers in agreement with these Terms, the terms of any Advertiser’s promotion and any other applicable terms and conditions;
b) You have initiated Transaction Tracking in respect of the transaction; and
c) The transaction has been confirmed to Poundpig by the Advertiser as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.

5. Without in any way limiting or exemplifying what may not qualify as Confirmed Transactions the following shall specifically not qualify as Confirmed Transactions:
a) transactions made when you have more than one account concurrently in existence;
b) transactions in respect of which you have not initiated Transaction Tracking;
c) transactions in respect of which the data necessary to enable Porky Pounds to be credited to your account has been corrupted, damaged or lost;
d) transactions which are, or which Poundpig reasonably believe are, conducted by you with a purpose which is unethical and/or intended to obtain Porky Pounds dishonestly and/or in a manner contrary to the spirit or letter of these Terms.

6. By use of the Rewards Scheme, you understand that regardless of the Advertisers through which you participate in the Rewards Scheme your contractual relationship in relation to the Rewards Scheme is with B2, your personal data will be controlled and processed by us, and by the Advertisers as necessary for the purposes of performing Poundpig’s obligations to you under the Rewards Scheme and shall be shared by B2 with Advertisers through which you participate in the Rewards Scheme.
 

7. By use of the Rewards Scheme you agree to abide by these Terms which shall govern your use of the website(s) and your participation in the Rewards Scheme.

8. We shall be entitled to amend these Terms from time-to-time, and shall notify you of any changes, following which your continued use of the Rewards Scheme shall be subject to these Terms as amended.

9. We reserve the right to change or remove (temporarily or permanently) Poundpig or any part of it without notice and you confirm by your participation in the Rewards Scheme that we shall not be liable to you for any such change or removal.

10. Poundpig may include links to third-party websites that are not controlled and maintained by us. Links to other websites are not an endorsement of such websites and you acknowledge and agree that we are not responsible for the contents or availability of any such sites.

11. All copyright trademarks and all other intellectual property rights in Poundpig and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to us or otherwise used by us as permitted by law. Any imitation or reproducing of this site without our consent is strictly forbidden and will result in a legal suit.

12. In accessing Poundpig you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

Your Account

13. You are eligible to join and continue to take part in the Rewards Scheme only if you are over 18 years of age, have your permanent place of residence at an address in the UK and maintain with Poundpig a valid and subsisting email address. You warrant to Poundpig that all of the information you provide in connection with the Rewards Scheme shall be at all times true and correct to the best of your information, knowledge and belief.

14. When your completion of a Confirmed Transaction results in the payment of commission to Poundpig by an Advertiser, you will be entitled to Porky Pounds in accordance with the terms of the Advertiser’s promotion.

15. If any of your purchases are returned to the Advertisers, the Porky Pounds related to that purchase will automatically be deducted from your Account balance. Additionally, if any forms are filled in fraudulently or are incomplete, the Advertiser and/or Poundpig can invalidate your application.

16. Unless otherwise specifically stated, you should assume that the calculation of Porky Pounds excludes postage/delivery costs and the VAT element of a sale.

17. Only Porky Pounds obtained from Confirmed Transactions shall be credited to your Account. Porky Pounds shall remain owned by Poundpig and be held by you in your Account.

18. We will use reasonable endeavours to ensure advertised Porky Pounds are correct, but we are not responsible for incorrectly advertised Porky Pounds. In no event shall you be entitled to receive more than 50% of the commission received by Poundpig from the Advertiser.

19. Your failure to correctly follow any instructions given in relation to the Scheme or any tasks related to it, or to observe any terms and conditions specified by Poundpig or the Advertisers may result in no Porky Pounds being credited to your Account. In these circumstances you will have no recourse against us or the Advertisers.

20. In some cases there may be a delay or failure to credit Porky Pounds to your Account, due to an Advertiser's failure to provide the requisite information to Poundpig. Whilst we shall use reasonable endeavours to recover Porky Pounds for such transactions, we shall have no responsibility or liability for such delay or failure.

21. Whilst many Participating Advertisers report Porky Pounds credits within a few days of a Confirmed Transaction being completed, some do not report them to Poundpig until their returns period has expired. In the event that you have completed a Confirmed Transaction in full compliance with all associated conditions and the Porky Pounds are not pending as a credit to your Account, you may open an Unpaid Transaction Query with Poundpig. Poundpig will then attempt to make recovery from the Advertiser. However, we make no warranty or representation and offer no assurance or guarantee that any or all of the associated Porky Pounds will be credited to your Account as a result. Poundpig cannot support Unpaid Transaction Query requests for non Pending Transactions where the transaction occurred more than 90 days ago.

22. Unpaid Transaction Queries may also be opened in respect of Pending Transactions which are between 120 and 180 days old.

23. You are not entitled to be credited with Porky Pounds in respect of Confirmed Transactions for which Poundpig does not receive the whole of the commission due from the Advertiser. Should part of the payment be credited to Poundpig for any reason, then a proportion of it will be credited to the member at our discretion, and depending on membership status.

24. You are required to use the Rewards Scheme in an ethical manner and in the event that your Account is used to purposefully defraud or to inflate Porky Pounds earnings with Advertisers, your participation in the Rewards scheme and your Account will be subject to termination.

25. Poundpig is responsible for keeping your Account accurate and up-to-date in accordance with these Terms. Poundpig may adjust the balance of your Account in respect of non-payment from Advertisers, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to accounting errors. You understand that running a Rewards Scheme can be technically complex, and that in the course of so doing information may, in good faith, be withheld, provided or received by any of the participants, which may lead to the balance of your Account being inaccurate from time-to-time. Both you and Poundpig will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that we shall have no liability to you or any third party in respect of them, including our inability to rectify them to your satisfaction.

26. You shall contact Poundpig only, and shall not directly contact Advertisers, in connection with any aspect of the Rewards Scheme whether for the purposes of raising a query, seeking further information or making a complaint/claim.

27. You understand and agree that Porky Pounds have no value or cash equivalent, that they may not be transferred or redeemed by you with third parties whether for cash or in kind and that they do not represent any stored value. You are responsible for the security of Porky Pounds awarded to you, and you agree that you will keep your Account details private and secret from others and that you will not
a) transfer your Porky Pounds to any other person;
b) barter your Porky Pounds for goods or services, or
c) deliberately or negligently enable any other person to obtain the benefit of your Porky Pounds, with or without your consent.

28. Each month and 30 days in arrears, Poundpig will review the balance of Porky Pounds credited to your Account, and you will be sent a cheque or BACS/CHAPS payment in pounds sterling in an amount equivalent to the then balance of your Account, subject to satisfaction of all of the following criteria: 
a) that you have activated your account in accordance with the instructions supplied as part of the Rewards Scheme; and 
b) that the balance of Porky Pounds that you have earned from Confirmed Transactions is greater than £30; and
c) that each of the Confirmed Transactions for which Porky Pounds have been credited occurred more than 30 days before; and
d) that the whole of the Commission in respect of the transaction has been received by Poundpig from the Advertiser.

If the balance of your account is £30 or less, it will be carried forward to the next monthly accounting period without any payment to you until it exceeds £30.

29. Cheques will be sent to the postal address that is identified at that time as your permanent residence in association with your Account.   If you notify Poundpig that a cheque has been posted to an incorrect address because Poundpig was unaware of your change of address at the time the cheque was issued, Poundpig may re-issue a cheque to you and in that event reserve the right to deduct from the amount payable an administration charge that fairly represents the cost to Poundpig of cancelling and re-issuing the cheque, which in no event shall be less than £10.

30. The balance of your Account in respect of which the cheque was issued will be reduced to zero, regardless of whether or not the cheque is safely received by you. In the event that a Porky Pounds cheque is lost in the post or otherwise not received by you, the missing cheque must be reported to Poundpig no later than 30 days from the date of issue. Replacement cheques cannot be issued after this period. Neither Poundpig nor Advertisers accept any liability in respect of lost or stolen cheques or the return to zero of Account balances in good faith when cheques have not been safely received by you.

31. Cheques sent to you will be void 30 days from the date of issue. Poundpig may, in its sole discretion, elect to re-issue a cheque to you, but will not do so if the cheque you are intending to replace has at that time been presented for payment.

32. Where Poundpig has made payment to you in respect of Porky Pounds that are subsequently reversed or cancelled by a Participating Advertiser, Poundpig reserves the right to debit the value of that transaction from your Account.

33. You will not register with the Rewards Scheme under any identity more than once without first terminating your current registration, and you will not concurrently hold more than one Account opened under any identity. Please note that breach of this rule may amount to an act of dishonesty, leading to criminal prosecution

34. You may view your Account through Poundpig or the website through which you registered for the Rewards Scheme but you are responsible for keeping the permanent record of the details of your Account, including its current balance. In the event that through events beyond its control Poundpig should temporarily or permanently lose data associated with your Account, you agree that we shall have no liability to you whatsoever in connection therewith.

35. Your Account will be automatically closed if you cease to be a participant in the Rewards Program. In the event that for a period of 12 months you do not complete any Confirmed Transactions and the balance on your Account does not change, your Account will be designated an Inactive Account. Unless we determine otherwise in our absolute discretion and on a case-by-case basis, upon becoming an Inactive Account, the balance of your Account shall be voided and it shall be automatically closed.

36. Poundpig may do any of the following at any time without cause or liability and without your consent: (i) close your Account; and/or (ii) amend, suspend or terminate the Rewards Scheme, any part of it or any feature within it; and/or (iii) restrict the hours of availability of the Rewards Scheme; and/or (iv) limit the amount of your permitted use of the Rewards Scheme.

37. You acknowledge and agree that regardless of the size of the balance of your Account, the Porky Pounds standing to its credit, or to be credited to it, shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances: (i) if Poundpig should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, (ii) if we should cease to operate the Rewards Scheme; or, (iii) if for any reason, we should be unable to continue funding the Rewards Scheme, in whole or in part and whether as regards some or all participants in it; or (iv) if Poundpig terminates your Account because of a breach or suspected breach of these rules by you; or (v) if you close your Account; or (vi) if your Account is closed, whether automatically as an Inactive Account or by us for any reason.

38. If Poundpig closes your Account because of a breach by you of these Rules you agree that you will not seek to register with the Rewards Scheme again, whether using the same or a different identity to that under which you originally registered. In the event of your Account being terminated it is accepted that the balance of your Account will be reduced to zero. However you may voluntarily close an Account, and re-register with the Rewards Scheme.

DISCLAIMER
39. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE REWARDS SCHEME IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOUR PURCHASE OF GOODS OR SERVICES FROM PARTICIPATING RETAILERS IS SUBJECT TO AND GOVERNED BY THEIR TERMS AND CONDITIONS OF SALE AND NOT THESE RULES AND THAT THESE RULES DO NOT AFFECT YOUR RIGHTS IN RESPECT THEREOF. HOWEVER FOR OURSELVES ONLY WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM PARTICIPATING RETAILERS AND HEREBY EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES INCLUDING AS TO TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY AND/OR SATISFACTORY QUALITY REGARDING GOODS AND/OR SERVICES OBTAINED FROM PARTICIPATING RETAILERS THROUGH THE REWARDS SCHEME.

40. YOU AGREE THAT THE REWARDS SCHEME IS PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT THE REWARDS SCHEME WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REWARDS SCHEME OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT.

41. We shall not be liable for any special indirect, incidental or consequential loss or damage or for any awards of punitive or aggravated damages relating to your participation or inability to participate in the Rewards Scheme.

42. These Terms do not affect those of your statutory rights which cannot be amended or excluded in law and the exclusions and limitation of liability contained in them shall be construed and applied accordingly.

43. YOU SHALL INDEMNIFY AND HOLD US, OUR AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) RELATING TO YOUR BREACH OF THESE RULES, AND/OR THE TERMS APPLICABLE TO ADVERTISERS’ PROMOTIONS.

44. Poundpig’s failure to enforce your strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.

Refer a friend

45. Poundpig operates Refer a Friend to allow you to refer new users in consideration for bonus Porky Pounds. The associated terms and conditions and the bonus amount will be as per the information relating to Refer a Friend detailed on the Poundpig website. We reserve the right to change the terms of this offer at any time by updating the appropriate content on the website.

46. You will not use inappropriate marketing methods to benefit from Refer a Friend, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising)

47. Where you refer a friend who is not identified by the Reward Scheme database as being referred via your original customised Refer a Friend link, no bonus payment will be paid. We are not responsible for the failure of the Refer a Friend tracking links to accurately log your referrals.

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

49. These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.

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