Futurance.co.uk

1 Welcome to Futurance.co.uk. www.futurance.co.uk is owned and operated by Futurance Limited a company incorporated in England and Wales with registered number 6316180 whose registered office is at 2nd Floor, 145-157 St John Street, London EC1V 4PY. In these Members Terms and Conditions (“we”, “us” and “our”) mean Futurance Limited and (“you” and “your”) mean you, the member.

2 www.futurance.co.uk facilitates an exciting and convenient way to purchase and subscribe for goods and services over the internet and be rewarded for it. We are also the only rewards website in the UK that tries to encourage and facilitate your making provision for the financial wellbeing of you and your family.

3 It is important that you read and understand these Members Terms and Conditions because when you sign up for an account with us, you agree to be legally bound by these Members Terms and Conditions, our Terms of Use and Privacy Policy, as they may be modified from time to time. We reserve the right to change these Members Terms and Conditions as necessary to protect our ethos and offering to you or for security, legal and regulatory reasons and any changes will apply from the time they are posted on the Members Terms and Conditions page of www.futurance.co.uk.

Please ensure you regularly check this page for any changes, which will help to avoid any misunderstanding of our processes or offers.

Our role

4 www.futurance.co.uk is a place for you to access sellers or providers of goods and services shown on www.futurance.co.uk but who are not part of our organisation (“Merchants”) and to buy from them or subscribe with them. We receive commissions from some Merchants and, subject to these Members Terms and Conditions, we pass a proportion of those commissions on to you, depending on what proportion is shown on the Merchant’s information page at the time of your purchase or subscription with the applicable Merchant (our “Services”). Our Services are the only contractual (legal) relationship we have with you. We do not have and never intend to have any contractual involvement in your transactions with Merchants and at no stage do we sell, provide or purport to sell or provide any of the goods or services available from Merchants. By signing up for an account with www.futurance.co.uk you are declaring to us that this is a feature of the relationship between you and us that you willingly accept.

How your account works

5 You must fill in all the required information on the application form to become a member of www.futurance.co.uk, including important personal financial information, and this information will be dealt with in accordance with our Privacy Policy. Your application form can only be submitted and accepted upon your declaration that you have read and agreed to these Members Terms and Conditions, this website’s Terms of Use and our Privacy Policy. Only adults (ie those aged 18 and over) are entitled to enter into legally binding contracts and only adults resident in the United Kingdom are entitled to use our Services. Any other individuals and any firms or companies are prohibited from using our Services. If you do not qualify, please do not use our Services. By submitting your application form you are making a statement, upon which we are entitled to rely, that you are resident in the United Kingdom and aged 18 years or older and capable of forming a legally binding contract.

6 When you purchase goods or services from a Merchant accessed through www.futurance.co.uk, we should receive commission from that Merchant based on the value of your transaction. We then allocate an amount notionally equivalent to the value of the proportion of commissions we actually receive from the Merchant, based on your valid transaction, to your account (“Futurance Rewards”). The level of the reward (“F:level”) that you can expect to earn on a transaction is displayed on the Merchant’s information page. There may be several different reward levels for each Merchant depending on which goods or services you select.

7 Futurance Rewards have no value or cash equivalent, may not be transferred or redeemed by you with any third party whether for cash or in kind and do not represent any stored value, but are used as a basis for calculating payments in pounds sterling in accordance with these Members Terms and Conditions to the recipient stated in your ‘My Account’ section (“Cashback”).

8 The Futurance Rewards that you earn on your transactions with Merchants are shown in the ‘My Account’ area of www.futurance.co.uk under the headings ‘f:rewards typical’, for the amount of Cashback you will receive if you nominate an ordinary account for payment, or ‘f:rewards special’ (“Special Rewards”) for the amount of Cashback you will receive when you nominate a Child Trust Fund or Student Loan Account for payment (“Special Account”).

9 Once your account shows more than £30 in Futurance Rewards under the ‘f:rewards typical’ heading you will be able to select ‘Request Payment’ in the ‘My Account’ area of www.futurance.co.uk. When you request payment, the full amount showing under the ‘f:rewards typical’ heading will be paid if you request payment to an ordinary account. If you request payment to a Special Account, the full amount showing under the ‘f:rewards special’ heading will be paid. When Cashback is paid under either the ‘f:rewards typical’ or ‘f:rewards special’ heading, the amounts shown under both headings will be reduced to nil because they are different ways of calculating amounts you have earned and not cumulative.

10 When you request payment for the first time you will not be eligible for Special Rewards, even if you nominate a Special Account for payment. You will, however, receive a joining bonus. After you receive your first payment from us, you will then be eligible for Special Rewards. From your second payment onwards, when you nominate a Special Account for payment, you will receive the full amount showing under the ‘f:rewards special’ heading in your ‘My Account’ section.

11 When we receive your payment request we will send payment of Cashback at the end of that month. It can sometimes take two or three months from the date of your purchase or subscription with a Merchant until the relevant Futurance Rewards are credited to your account. This is due to the time it takes for the Merchant to validate the transaction and transfer the relevant commission to us.

Please note that if you have requested your Cashback in the form of a cheque, £1 will be deducted from each Cashback payment made to you in order to cover our administration and bank charges. You will not receive any Cashback if the value of Futurance Rewards shown under the ‘f:rewards typical’ heading in the ‘My Account’ area of www.futurance.co.uk is £30 or less when we receive your request for payment.

12 If your account is closed by us or you, you will not be entitled to receive any Cashback if you have a total of less than £30 showing in ‘f:rewards typical’ at that time due to the administrative cost incurred by us in closing your account and you agree that this is reasonable. You will not be entitled to receive any Cashback if your account is closed due to your breach of these Members Terms and Conditions because of the administrative costs incurred by us in monitoring your account, evaluating your management of your account and closing your account and you agree that this is reasonable.

Bonus incentives

13 We offer certain bonus incentives to encourage you to make full use of www.futurance.co.uk. We may change these bonuses and such changes will take effect from the time they are posted on the Bonus Incentives page, so please check it regularly. These are the terms and conditions of some of our bonus incentives:

13.1 We hope you will tell your friends about www.futurance.co.uk. If one of your friends would like to become a member of www.futurance.co.uk they can earn Futurance Rewards for you. Your friend should complete their application form in full and state your email address which you have supplied to us. Once your friend has earned more than £30 in Futurance Rewards under their ‘f:rewards typical’ heading and they have requested payment in accordance with these Members Terms and Conditions, we will allocate bonus Futurance Rewards to your account.

13.2 When you join www.futurance.co.uk, you will be eligible for a joining bonus of Futurance Rewards. This bonus will be automatically added, once your account has been allocated more than £30 in Futurance Rewards under the ‘f:rewards typical’ heading.

13.3 We offer an increased level of Futurance Rewards allocated to your account if, at the time of requesting payment, you request that your Cashback is paid into a Child Trust Fund or Student Loan Account (“Special Account”) in the ‘My Account’ area of www.futurance.co.uk. This Special Account bonus is not available the first time you request payment (see Point 9 for more information).

13.4 If you cannot see terms and conditions here relating to a bonus offered on the Bonus Incentives page, please note that none of our bonus incentives will be credited to your account until you (or your friend if applicable) have earned more than £30 in Futurance Rewards under the ‘f:rewards typical’ heading.

How you are responsible for managing your account

14 By submitting your application form to become a member you warrant to us that the information you supply on the application form and all information you supply to us from time to time will be true and accurate and that you understand that it is your responsibility to make sure that such information is true and accurate.

15 Because we want to encourage you to make financial provision for you and your family, we enable you to pay your Cashback not just to you, but also to friends and family members. We must be sure that we are paying your Cashback to the right person. Therefore, when you nominate a recipient of your Cashback other than yourself, you must supply us with the name of the account holder and their correct account details. We will then send you an email confirming the account details and that this account holder is your nominated recipient for receipt of your Cashback. By submitting your application form you warrant and represent to us on an ongoing basis that you will not procure the payment of your Cashback to or to the benefit of any person for unlawful or unethical purposes.

16 Apart from Cashback paid to you in the form of a cheque, we will only pay Cashback by BACS into an account provided by a body authorised by the Financial Services Authority to carry on a regulated activity in the United Kingdom.

17 If you wish to be eligible for Futurance Rewards then you must enable your browser to accept cookies before accessing a Merchant through www.futurance.co.uk. This is because we use cookies to track your member login and third party cookies are used to track your transaction with a Merchant. If your transaction cannot be tracked then we will not receive any commission from Merchants and you will not receive any Futurance Rewards. Because you set your own browser settings this is beyond our control, but it is an essential requirement for you to receive Futurance Rewards.

18 The United Kingdom government is reviewing the taxation of individuals who receive income from websites. It is your responsibility to ensure that any taxes due to the United Kingdom government or any other government as a result of your use of www.futurance.co.uk are paid by you and by submitting your application form to become a member of www.futurance.co.uk you promise us that you will pay all taxes due on income from www.futurance.co.uk which may be payable by you or any recipient you nominate to receive your Cashback and that you will pay any costs awarded against us by a court because you have failed to pay the taxes due.

19 You understand that many of the processes within www.futurance.co.uk are automated and that, although we will monitor your account from time to time, it is your sole responsibility to ensure that your account is properly run, in accordance with these Members Terms and Conditions. You will need to login with a username and password to use your www.futurance.co.uk account. Your username and password will only be provided to you and it is your responsibility to keep them safe and private. Anyone logging in to your www.futurance.co.uk account will be treated by us as if they are you. It is therefore very important that you do not release your username and password to unauthorised individuals.

20 You are responsible for the security of your Futurance Rewards. By submitting your application form you agree that you will not transfer them or the benefit of them to any other person, firm or company, barter them for goods or services or deliberately or negligently enable any other person, firm or company to obtain the benefit of Futurance Rewards allocated to you with or without your consent. This does not apply where you have nominated a friend or family member to receive your Futurance rewards in the ‘My Account’ section of www.futurance.co.uk and we have received confirmation from you that you have provided the correct account details. Please remember that Futurance Rewards do not have any monetary value but provide a basis for us to calculate your Cashback.

21 Since www.futurance.co.uk is an online presence and therefore inherently subject to the instability and security threats of the internet, it is your responsibility to maintain a hard copy of your account in case of loss of data or other disturbance to the functionality of www.futurance.co.uk. We do not retain a hard copy of your data because of the number of Futurance members and the constantly changing nature of the data. You must also note that if your account shows no activity for twelve months it will be closed because of the cost of server space to us and any rewards will be forfeited because of the administrative costs to us in closing your account.

22 If you wish to close your account with www.futurance.co.uk you may do so at any time by logging in to your account and clicking on ‘Delete Account’ in the ‘My Profile’ area of www.futurance.co.uk. If you are considering closing your account due to any problems with our Services, please send your complaint to fixit@futurance.co.uk and we will endeavour to resolve the problem to your satisfaction.

Restrictions on the use of your account and the continuation of your account

23 Your use of www.futurance.co.uk, membership of www.futurance.co.uk and the operation of your account with www.futurance.co.uk are at all times subject to our Website Terms of Use, Privacy Policy, these Members Terms and Conditions and any alterations we may make to them from time to time. We reserve the right to refuse membership or an account with www.futurance.co.uk to any person without giving a reason. We reserve the right to terminate the membership or account of any person with www.futurance.co.uk which is conducted or operated in a way which is in breach of our Website Terms of Use, Privacy Policy, or these Members Terms and Conditions, or fraudulent, unethical, dishonest or abusive towards www.futurance.co.uk, other members of www.futurance.co.uk or any Merchant. If we terminate your membership or account with www.futurance.co.uk for any such breach you will automatically forfeit all Futurance Rewards shown credited to your account at that time because of the cost to us in monitoring your account, evaluating your management of your account and administering the closure of your account.

24 You must not hold more than one account with www.futurance.co.uk or apply for membership of www.futurance.co.uk under any identity except your own. Only one person in any one household may be a member and hold an account with www.futurance.co.uk. Any person, firm or company found to be fraudulently exploiting www.futurance.co.uk may be liable to criminal prosecution.

The way we run your account

25 Your account with www.futurance.co.uk will be run electronically using software built for the purpose, with the assistance of third-party networks. We will monitor your account from time to time, but the day to day operation of your accumulation of Futurance Rewards and the provision to you of Cashback will mainly be automated. The process by which you can earn Futurance Rewards through www.futurance.co.uk is as follows (assuming that you have already become a member and opened an account with www.futurance.co.uk):

25.1 you have your browser enabled to accept cookies;

25.2 you browse www.futurance.co.uk and identify Merchants with whom you may wish to shop and the level of Futurance Rewards you could earn if you entered into the transaction at that time;

25.3 you click on the appropriate link to go through to the Merchant and use their website to purchase or subscribe for goods and/or services (your purchase must be made online and in one session – any break in the session such as a timeout or you logging out will limit our ability to track your transaction);

25.4 the Merchant communicates to us that you have made the purchase or subscription;

25.5 if the Merchant validates the transaction and there are no further problems, the Merchant pays us commission based on the value of your transaction;

25.6 your account is updated with Futurance Rewards based on the value of your transaction with the Merchant and the status of your transaction is clearly displayed;

25.7 we receive your request for payment and calculate and pay the relevant Cashback.

26 However, despite the speed of technological advance and the care and skill we have invested in developing www.futurance.co.uk, problems can arise with that process. You will not receive or be entitled to Futurance Rewards if there are any problems with the process which result in us not receiving commission from the Merchant for your transaction. Situations where we are unable to provide Futurance Rewards include but are not limited to:

26.1 www.futurance.co.uk is unable to identify you, commonly because there is a problem with your computer receiving cookies;

26.2 the Merchant is unable to identify you, commonly because there is a problem with your computer receiving cookies;

26.3 our third-party sub-contractors are unable to identify you or track your movements or purchases, commonly because there is a problem with your browser accepting cookies;

26.4 any other problem that means we are unable to trace a purchase or subscription you have made with a Merchant;

26.5 any purchase or subscription made by you from a Merchant other than by following the process set out in paragraph 25 above;

26.6 the Merchant fails to make payment of the commission earned to us;

26.7 the Merchant fails to make prompt payment of the commission earned to us (delay only);

26.8 you are in dispute with the Merchant regarding its goods or services or have returned the goods or cancelled the services you purchased or subscribed for;

26.9 you are in breach of our Website Terms of Use, Privacy Policy or these Members Terms and Conditions or any terms and conditions of the Merchant;

26.10 you have more than one account or membership with www.futurance.co.uk;

26.11 data necessary to enable us to credit Futurance Rewards to your account has been corrupted, damaged or lost; or

26.12 you have failed to follow some or all of the instructions displayed on www.futurance.co.uk.

27 Therefore, please note the following:

27.1 while we will use our reasonable endeavours to maintain the functionality of www.futurance.co.uk we cannot guarantee that the service will always be available, that it will be functioning correctly, or that it will be able to communicate with your computer. Your use of www.futurance.co.uk will always be subject to transient conditions of the internet;

27.2 we cannot guarantee the functionality or accessibility of any Merchant’s website;

27.3 we cannot guarantee the functionality or service of the third-party networks;

27.4 we cannot guarantee that we will be able to successfully track every purchase or subscription you make with an Merchant;

27.5 we cannot guarantee that goods or services advertised or shown on www.futurance.co.uk will be available on the terms shown from any Merchant because Merchants may not have informed us of their latest updated offers;

27.6 we cannot guarantee that you will be allocated the Futurance Rewards you are expecting for a particular transaction for reasons such as, but not limited to, the Merchant failing to notify us of the correct offers and commissions payable, or internal Merchant policies relating to payment of commissions on delivery charges, gift wrapping, tax, special promotions or discounts.

27.7 we cannot guarantee that a Merchant will pay us the commission due, or that it will be paid on time and because Futurance Rewards have no monetary value we will not take any court or legal action on your behalf against a Merchant;

27.8 data necessary to credit Futurance Rewards to your account may be corrupted, lost or damaged due to the inherent insecurity and instability of the internet; and in any of these cases or if we are unable to credit Futurance Rewards due to your account due to any other reason outside our reasonable control you understand and agree that you will not receive Futurance Rewards in respect of that particular purchase or subscription, that this is a particular feature of the relationship between you and us which you willingly accept and that we will have no further liability to you in respect of that particular purchase or subscription.

28 You understand and agree that running your account can be technically complex and that therefore the balance of Futurance Rewards credited to your account may be inaccurate from time to time. We therefore reserve the right to make such adjustments to the balance of Futurance Rewards credited to your account as necessary to reflect the actual commissions we have received from relevant Merchants and the proportion of that commission due to you in Futurance Rewards.

29 We may suspend or terminate the Futurance Rewards program but will give as much notice as we reasonably can before we do so. Because www.futurance.co.uk relies on Merchants’ offers the nature and scope of the Futurance Rewards program is subject to constant change and you agree that this is a particular feature of the relationship between you and us which you willingly accept.

Complaints

30 If you would like more information about the way these Members Terms and Conditions affect you, have failed to receive Futurance Rewards you were expecting or are unhappy with our Services or anything you have experienced as a member of www.futurance.co.uk, please email us at fixit@futurance.co.uk.

Intellectual Property

31 Futurance Limited a company incorporated in England and Wales with registered number 6316180 whose registered office is at 2nd Floor, 145-157 St John Street, London EC1V 4PY is the owner and operator of this site and proprietor of the “Futurance” unregistered trade mark, logo and get-up in the United Kingdom and the content and ‘look and feel’ of www.futurance.co.uk.

32 All other trade marks, brand names, product names and titles and copyrights displayed on this site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by Futurance Limited in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

33 Reproduction of part or all of the contents of this site in any form is prohibited, except that you may download to your local hard disk no more than four individual pages from this site for your personal and private use only. You may not under any circumstances merge, adapt or otherwise alter the contents of this site.

Legal Notices

34 Futurance Limited has no control whatsoever over the quality, legality, financial performance or safety of any Merchant’s goods or services or of any other characteristics upon which you may rely when purchasing or subscribing with a Merchant. We also have no control over the capacity of any Merchant to transact or the operation of any Merchant’s website.

35 At no stage during any transaction between you and a Merchant do or will we become contractually involved. We only provide a portal through which you pass to access a Merchant’s website. Should any of the goods and/or services shown on www.futurance.co.uk prove unsatisfactory we cannot be held responsible in any way due to the absence of our contractual participation in the transaction. Therefore, by submitting your application for membership of www.futurance.co.uk, you agree to abide by the following returns policy: We must emphasise that under no circumstances will we accept the return or cancellation of any goods and/or services purchased or subscribed for. Due to the absence of any contractual responsibility, Futurance Limited is both unsuitable and unwilling to accept the return or cancellation of any goods and/or services. Any such goods and/or services should be returned or notice of cancellation given direct to the applicable Merchant, not to us.

36 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another member of www.futurance.co.uk or Merchant and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another member of www.futurance.co.uk or any Merchant as a result of your use of www.futurance.co.uk or in relation to your dealings with such other member of www.futurance.co.uk or Merchant. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.

37 Consideration should always be given to the nature of internet transactions and the risks involved. You must understand that the internet is an inherently insecure and unstable environment. Therefore, any losses incurred or sustained by you in transmitting or receiving data shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished your session on www.futurance.co.uk.

38 Pages on this site may contain information on investments. No such information should be taken to constitute financial advice, recommendation, representation or endorsement by us. If you decide to make real investments based on information on this site, you must be aware that all such investments carry financial risk, that their value can go down as well as up and that past performance is no guarantee of future performance. Futurance Limited recommends that if you are considering making real investments you should consult an Independent Financial Adviser to obtain financial advice specific to your situation. Your use of www.futurance.co.uk constitutes your agreement and representation to us that you take full responsibility for your own investment research and decisions.

39 Futurance Limited warrants that our Services will be provided with reasonable care and skill and in a reasonably timely way, bearing in mind our reliance on Merchants. However, Futurance Limited makes no other representations or warranties of any kind with respect to this site or its contents or our Services and disclaims all such representations and warranties. In addition, Futurance Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may be out of date or contain technical inaccuracies or typographical errors. All liabilities of Futurance Limited howsoever arising for any such outdatedness, inaccuracy or error is expressly excluded to the fullest extent permitted by law.

40 Neither Futurance Limited nor any of its directors, employees or other sub-contractors will be liable for loss or damage beyond the limit of Futurance Limited’s insurance from time to time arising out of or in connection with your use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties

41 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under the laws of the United Kingdom or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

42 We may use sub-contractors and assign or transfer the benefit and/or burden of this agreement. You may not assign, transfer, sub-contract, declare a trust of or in any other manner make over to any third party the benefit or burden of this agreement.

43 Neither you nor we shall be deemed to be in breach of this agreement or otherwise liable to the other for any delay in performance or non-performance of any obligations under this agreement if and to the extent that such delay or non-performance is beyond the reasonable control of the affected party.

44 No failure or delay on either your part or our part in exercising any right, power or privilege under this agreement shall operate as a waiver of it or preclude any exercise of it.

45 If any provision of this agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from this agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected.

46 The rights and remedies provided for by this agreement are cumulative with and not exclusive of any rights or remedies provided by law.

47 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.

48 These Members Terms and Conditions, our Website Terms of Use and Privacy Policy set out the whole of the agreement between us. We are unable to enter into negotiation regarding their contents because our processes are largely automated. Nothing said by any Merchant, other member of www.futurance.co.uk or other third party should be understood as a variation of these Members Terms and Conditions or as an authorised representation about our Services.

49 All notices from you to us must be sent to fixit@futurance.co.uk or to Futurance Limited at the address set out in paragraph 1 and all notices from us to you will be sent either to the email address you supply to us or to the residential address you supply to us.

50 By submitting your application form to www.futurance.co.uk you agree that the laws of England and Wales govern all and any visits and other transactions conducted through www.futurance.co.uk and with Futurance Limited and you agree to submit irrevocably to the exclusive jurisdiction of the courts of England.