Awardco End-User Terms of Use

Awardco End-User Terms of Use

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Agreement and Term 

These Terms of Use of use (these “Terms of Use”) form a legal agreement between you and Awardco, Inc., a Delaware corporation (“Awardco”, “us” or “we”) in respect of your access to and use of the Awardco’s platform delivered and accessible through www.awardco.com (the “Platform”). Your organization/employer has subscribed to the Platform to enable you  to redeem products, services, bookings, benefits and other items available in the Awardco Rewards Marketplace (“Rewards”).  By clicking ‘agree’ (or similar) or accessing or using the Platform, you are agreeing to be bound by these Terms of Use. If you do not agree to any of these Terms of Use, then do not access or use the Platform. 

You should pay particular attention to the section called "Disclaimers and Liability", as this excludes or limits our legal liability in connection with your use of the Platform.  

We reserve the right to make changes to the Platform and these Terms of Use at any time. Your sole remedy if you do not accept any change to the Platform or these Terms of Use, or if you do not agree with our licensors’ end user terms, is to cease using the Platform. 

1. The Platform
   1. These Terms of Use will commence on the date you are first given access to the Platform and will continue until terminated in accordance with its terms (“Term”). 
   2. You may access and use the Platform during the Term in accordance with these Terms of Use, solely for the purpose of accessing your Awardco recognition points (“Points”) and your Rewards account, and purchasing Rewards.  
   3. You must use the Platform strictly in accordance with these Terms of Use and our Acceptable Use Policy. We may immediately suspend your access to the Platform if you use the Platform in breach of these Terms of Use or Acceptable Use Policy in a way that we believe threatens the security, integrity or availability of the Platform, or the confidential or proprietary information of Awardco, or your organization or employer. 
   4. No access by children under 16.  
2. Registration
   1. Your organization/employer has created an account on your behalf for you to have full access to the Platform and access your Points and Rewards (your “Account”). You must provide true, accurate, and current information about yourself as prompted by our registration form. 
   2. You are responsible for any use or misuse of your Account, so you must keep all Account login and password details confidential, and must not allow anyone else to access or use your Account or access the Platform via your Account. Your Account is personal to you and you may not assign or transfer your Account to any other person.  You should notify us immediately if you become aware of any unauthorized access or use of your Account. 
3. Rewards
   1. You can purchase Rewards by pressing the “Checkout” button (or equivalent) at the end of the checkout process. You are responsible for ensuring that your order is complete and accurate before submitting your order. You will have an opportunity to check and correct any errors via our website up until the point at which you submit your order.   
   2. Your order is not binding on you or us unless and until we accept the offer. You will receive an acknowledgement of your order via email, but this should not be considered acceptance of your order. If we accept your order, we will confirm our acceptance by sending you another email confirming the Reward has shipped (the “Acceptance Notice”), at which time a contract will come into force between you and us. 
   3. If we are unable to fulfill the order you have requested for any reason, we will inform you by email and your order will not be processed. If you have already paid for the Rewards, we will refund you the full amount including any delivery costs paid as soon as possible, but in any event within 14 days of you submitting your order.
4. Prices
   1. The total price or Points value for the Reward includes any applicable taxes, additional fees, packaging and delivery. 
   2. If we discover an error in the price or Points value of any Reward, we are not obliged to accept or fulfill an order for that Reward at the incorrect price or Points value. We reserve the right (at our discretion) to either cancel your order or contact you and ask you whether you wish to continue with the order at the correct price or Points value. If we are unable to contact you or you do not wish to continue with the order at the correct price or Points value, we will cancel your order and refund the price or credit you with the Points value you have paid.
5. Shipping and Delivery
   1. We will contact you with an estimated delivery date, which will be within 30 days from the date of the Acceptance Notice. Some items, such as company swag, may take longer to fulfill depending on the time of year ordered, supply, etc. We will communicate any delays in fulfillment in a timely manner. To the extent permitted by law, dates quoted for delivery are approximate only and time of delivery is not of the essence. We will send another email when the products you have ordered have been dispatched.
   2. We will arrange for the products to be delivered to the address stated on the relevant order. You will be responsible for, and will own, the products only once Rewards have been deducted from your Awardco wallet and delivery has been completed. 
   3. If you fail to take delivery of the products on the date delivery has been scheduled, delivery may be rescheduled. 
6. Using your Points and Payment
   1. You can use your Points to purchase Rewards. Where you do not have sufficient Points to purchase your chosen Reward, you can make a top-up payment to pay the remaining balance. 
   2. We may collect payments for the Rewards from you directly by a debit or credit card at the time of your order through the use of a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Use. We are not responsible for the acts or omissions or any errors by a Payment Processor. 
7. Right to Refund and Consumer Cooling Off Period
   1. Please contact support@awardco.com to review our returns and cancellation policy for the specific Reward you have redeemed. Our returns and cancellation policy is in addition to (and not in place of) your consumer cancellation rights, as detailed further in Sections ‎8(b) and ‎8(c).
   2. Except for gift cards redeemed through Awardco and subject to the terms and conditions of each Marketplace Partner, you have the right to cancel a purchase of Rewards that you make online, and to receive a refund, provided you exercise that right in accordance with the following timeframes, based on whether you have ordered goods or services (“Cooling Off Period”): (1) if your Reward is goods, you must exercise your cancellation rights within 14 days after the date on which you receive your chosen Reward; or (2) if your Reward is a service, you must exercise your cancellation rights within 14 days after the date on which you receive your chosen Reward, however if any services were received during the Cooling Off Period you must pay for the services received. You will not have the right to cancel during the Cooling Off Period if the services have been fully performed.
      All Rewards returned must be in the same condition (including in original packaging) they were in when delivered to you.   
   3. If you wish to exercise your right of cancellation, you must inform us by email to support@awardco.com within the Cooling Off Period. If eligible, you must return the canceled Reward to us at your cost (if any) within 14 days after informing us of cancellation. If you paid for a Reward with Points, we will credit the Points back to your Account. If you paid for the Reward in part or whole with cash, we will reimburse you the amount of the cash you paid. 
   4. Some orders for Rewards (such as perishable goods, gift cards and virtual prepaid cash cards, bookings for travel, events, hotels, and experiences) may not be canceled. The following orders for Reward cannot be canceled under any circumstances: e-gift cards, virtual prepaid cash cards, cash, and Revolut. 

8. User Contentsome text
   1. You represent and warrant that you own or are authorized to use and provide to us all content, data, images or other information you upload or submit to the Platform (including without limitation any posts or messages in forums and discussion boards within your organization) ("User Content"). Any User Content uploaded to the Platform by you is your sole responsibility to the fullest extent permitted by law.
   2. We have the right, and in certain circumstances an obligation, to monitor, screen, edit or remove User Content that is uploaded, stored, posted or transmitted to or via the Platform to determine compliance with these Terms of Use and to satisfy any laws and regulations. 
   3. We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content uploaded, stored, posted or transmitted to or via the Platform at any time and for any reason. We may use automated means of reviewing User Content, in addition to human review. Please see our acceptable use policy for further information. 
   4. You grant to us and our affiliates, third party partners, and subcontractors a perpetual, irrevocable and royalty-free right to: (1) use and process all User Content as necessary to perform and fulfill our obligations under these Terms of Use, such as providing you access to the Platform and your Account; and (2) access, collect, analyze, and use the data, information, or insights generated or derived from the provision and use of the Platform and related software, systems, programs, and technologies (“Analytics Data”) for our own business purposes, such as improving its products and services, analytics, and industry analysis. Analytics Data is not User Content it does not in any manner reveal the identity of you. 
9. Ownershipsome text
   1. We own the Platform and you acknowledge that all data, material and information contained in the Platform are and will remain our or our licensors’ intellectual property and confidential information.  
   2. You have no rights in or to the Platform or the data on the Platform, other than the right to use the Platform in accordance with these Terms of Use. You will take any and all actions that may reasonably be required by us or our third party data providers to protect our proprietary rights and those of our third party provider(s). 
10. Disclaimers and Liability some text
    1. As a consumer, you have certain rights under law and nothing in these Terms of Use can, or is intended to, limit or remove these rights. We do not exclude or limit our responsibility to you for losses where it would be unlawful to do so, including for faulty or misdescribed goods or services, or personal injury or death caused by our negligence.
    2. Without limiting clause ‎11(a) and to the extent permitted by law: (1) we do not warrant that your use of the Platform will be uninterrupted or error-free. The Platform is provided “as is” and “as available”, you and your employer or organization assume all risk in using the Platform, and you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Platform is to stop using the Platform; (2) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Use; (3) in relation to any claims relating to Rewards, our liability will be limited to the value of the Reward; and (4) in no event shall we be liable for any loss or damage, whether or not contemplated by us and you, resulting from the use or inability to use the Platform. If we are found to be liable, our total liability to you for any other losses will be limited to £100.
11. Terminationsome text
    1. We may immediately suspend or terminate these Terms of Use and your access to the Platform if: (1) you use or we suspect that you have used or are using the Platform in any manner that does not comply with these Terms of Use, the Acceptable Use Policy, or that is contrary to any applicable law; or (2) we know or suspect that any User Content submitted to the Platform by you infringes any applicable law, third party rights or any term of these Terms of Use. 
    2. These Terms of Use and your access to the Platform will immediately terminate if the agreement between us and your organization or employer expires or is terminated for any reason. 
    3. Upon termination of these Terms of Use, (1) all rights and subscriptions granted to you under these Terms of Use will immediately terminate and you will cease using the Platform and our confidential information; and (2) we may destroy or otherwise dispose of any of the User Content in our possession. 
    4. The clauses titled “Disclaimer and Liability”, “Termination” and “Governing Law” shall survive any termination or expiration of these Terms of Use.
12. Data Protection 

We will comply with our privacy policy, as amended from time to time, when handling your personal data in the course of providing the Platform or otherwise in connection with these Terms of Use. 

13. Governing Law some text
    1. These Terms of Use and any dispute or claim arising out of or in connection with it, will be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use.