Website Terms and Conditions
Last Updated: July 14, 2014 2:49 p.m. CST
I. ABOUT THESE TERMS AND CONDITIONS
Your Use of This Website
These terms and conditions, together with the documents or Website pages referred to in the terms and conditions (the “Terms and Conditions”), apply to the Website with a home page located at http://www.inboxpounds.co.uk (the “Website”).
All visitors to or users of this Website are referred to as “Members”, “you” or similar terms.
By using the Website or creating a personal account on the Website (an “Account”) , you will be deemed to have read, accepted and agreed to be bound by the Terms and Conditions, and you are therefore advised to read these Terms and Conditions carefully before proceeding to use the Website. If you do not agree to these Terms and Conditions you must not use this Website.
Any violation of these Terms and Conditions may lead to termination of your Account, cancellation of any credit on your account (“Cash”, as defined more fully in clause VII of these Terms and Conditions) or other items earned or accrued including referrals, as well as any other applicable legal remedy.
This Website is owned and operated by InboxPounds Limited (“InboxPounds®”, “us”, “we” or similar terms) registered in England and Wales under company number 07871672 and with registered address Webber House, 26-28 Market Street, Altrincham, Cheshire WA14 1PF. InboxPounds® is a subsidiary of CotterWeb Enterprises, Inc, a corporation registered in the United States of America.
About the Website
The Website provides visitors with a means of access to offers from a range of third party advertisers, including those offering insurance, travel, finance, utilities and on-line gambling. We do not supply any products or services you may access via the Website – all products and services are provided by, and purchased from, independent third party sites (even where these may be co-branded with InboxPounds®) to which you navigate via the Website (“Advertised Sites”). Purchases from Advertised Sites will be subject to the terms and conditions of the third party product/service provider, which you are advised to read carefully before concluding your purchase.
Nothing within the Website is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Website is for general information purposes only.
Reservation of Rights
If such changes are made, your continued use of the Website will be deemed to constitute your acceptance of the amended Terms and Conditions. You are expected to check this page of the Website from time to time to take notice of any changes made, as they are binding on you.
We reserve the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards which we set for the Website.
We reserve the right to suspend or curtail your access to the Website at any time without notice including making certain parts of the Website unavailable at our discretion.
Viruses, Hacking and Other Offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the servers on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Members must be living individuals, and not corporations or any other type of entity. Members must provide a valid e-mail address during registration in order to activate their Account. The country listed in your personal member profile associated with your Account (“Member Profile”) must be the country you are both living in, and logging into your Account from. In addition, any time you provide information to this Website, to any advertisers on the Website (“Advertisers”, as more fully defined in Section V), or in response to any Offer, such information must be accurate and complete and be your own information and not the information of any other person. This includes, but is not limited to, the registration process, Profile Surveys, and any other place where information is requested.
You agree that InboxPounds®, our Advertisers, or any of our third party vendors or agents may contact you through any email or other contact information provided by you.
Comply with Laws
Members must comply with all applicable laws and regulations as they relate to the use of this Website or relations with us.
Members may not create more than one Account with the Website. In addition, we do not allow:
- More than one Account in the same household
- More than one Account with the same mailing address
- More than one Account using the same computer
To qualify for the Signup Bonus, Members must sign up and activate their Account.
Members may cancel their Account any time by clicking the “Cancel Account” link in the “My Account” tab. In addition, all PaidEmails™ sent to Members include a link to the cancellation page. If a Member cancels their Account, they will forfeit all their Cash in their Account and referrals. In addition, any requested or pending payments for that Member are removed and forfeited.
Password and Account Security
In connection with your Account, you will create a personal password (“Password”). You are responsible for keeping your Password confidential and secure, and you are responsible for all actions taken using your Password.
To create an Account, to be eligible to accrue Cash, or to otherwise use this Website, you must be at least eighteen (18) years old.
Current and Accurate Contact Information
Members are responsible for maintaining accurate and complete contact information and promptly updating such information if they move, their contact information otherwise changes, or if a Member has difficulty receiving emails from InboxPounds® at the e-mail address provided. If a payment posted to a Member is returned to us for any reason, including our being provided with inaccurate or outdated contact information, we will hold such payment for up to ninety (90) days and will resend the payment upon request and receipt of correct contact information within the ninety (90) day period. If we do not receive a request to resend payment along with correct contact information within ninety (90) days, then we will destroy the cheque, all Account Cash giving rise to the payment will be deemed forfeit, and the payment is forfeited and permanently waived.
Members are responsible for selecting a secure and reliable mail delivery address for their payments and other communications. We are not responsible for any stolen or lost cheques and will not replace cheques allegedly cashed improperly by third parties so long as such cheque was sent to the mailing address as indicated in your Account information at the time such cheque was sent. If your household postbox is not secure, we recommend you obtain a secure post office box.
Code of Conduct
By agreeing to these Terms, you’re agreeing that you will also follow these rules: (1) Do not publicly display or use the Site /features to share inappropriate Content or material including but not limited to; nudity, pornography, graphic violence, use harassing or hate comments to employees of site and/or its members. This includes the site and all forms of social media (Facebook, Twitter, Instagram). Failure to comply may result in the loss of account and earnings. (2) You are responsible for all usage on your account, whether or not authorized including your log in, password and account information.
Members can use their Referral URL to refer other Members to the Website. Because InboxPounds® allows only one Account per computer, our referral tracking software will not allow one Member to refer another Member if they are using the same computer.
Spam and Unsolicited Email
Members may not send unsolicited email to persons they do not know in order to refer other Members to the Website and may only forward emails to people they know would be happy to receive them. We cannot possibly list all acceptable and unacceptable methods of advertising. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.
- Members may not send unsolicited e-mail (e-mail that has not been actively invited by the recipient) advertising InboxPounds® or the Website.
- Members may send solicited e-mail (e-mail that has been actively invited by the recipient) to their subscribers or friends advertising InboxPounds® or the Website. However, Members must adhere to all current legislation, including the provisions of the Privacy and Electronic Communications Regulations 2003 (as amended). Further guidance on the provisions of this legislation is available at: http://www.ico.gov.uk/ for_organisations/ privacy_and_electronic _communications/ the_guide.aspx.
Members may use our Refer-a-Friend Service to automatically send an e-mail notification to their friends. However, if the Member’s Refer-a-Friend e-mail results in a complaint, the Member’s Account may be terminated. You should use the Refer-a-Friend Service to notify only your close personal friends, where you know that the friend will be happy to receive the e-mail notification.
False Advertising and Testimonials
Members may not make untrue or exaggerated statements when advertising InboxPounds® or engage in any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their website: “Join InboxPounds® and get paid £1.00 for every Email you read!” If the Member provides information about InboxPounds® on their website, they must ensure the information is updated and accurate. A Member’s Account may be terminated for false advertising.
You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending InboxPounds®, an Advertiser or Offer, so that such testimonial or endorsement is not false or misleading. For example, if you made an online statement recommending InboxPounds®, then you should also disclose the material connection between yourself and InboxPounds®.
Members will be instantly credited 10% of all Qualified Earnings generated by Members they refer to InboxPounds®. There is no limit to the amount of referrals you can have or the amount of cash you can earn from your referrals. Qualified Earnings are defined within the InboxPounds® Knowledge base http://www.inboxpounds.co.uk/ members/support/ knowledgebase
A Member’s Account may be set to inactive for any of the following reasons:
Invalid Email Address
If InboxPounds® receives a bounce-back error message or similar message when sending an e-mail to you, then your Account will be set to inactive. A bounce-back message may occur if you have added InboxPounds® to your “Ignore List” or marked a message from InboxPounds® as spam, or for other reasons. You should add the address email@example.com to your e-mail “Allow List” and/or “Address Book”.
Failure to Remain Active
If you do not visit our website while being logged in or confirm at least one PaidEmail™ in a 10-day period, your Account may become inactive. InboxPounds® reserves the right to change this number at any time.
Payment Requests are removed if a Member’s Account becomes inactive. The automated system that deactivates Members based on the above criteria runs immediately prior to payment requests being processed. Therefore, it is possible for a Member’s Account to be active right up until their payment is processed. InboxPounds® urges Members to ensure their Account remains active in order to avoid any delay in processing payments.
If your Account becomes inactive, you can reactivate it within 6 months of the Account being placed on inactive status by logging into the Member’s Section and requesting a confirmation e-mail be sent to you. When you click the link provided in the confirmation e-mail, your Account will be reactivated.
V. PERMANENT REMOVAL
If you do not visit our website while being logged in or confirm a PaidEmail™ at least one time in a 6-month period, your Account will be permanently removed and all Cash or other items accrued will be forfeited. In the event of the death of any Member, such Member’s Account is automatically and immediately terminated, and all Cash or other items accrued in such Account are forfeited.
VI. CASH EARNING ACTIVITIES
InboxPounds® has established relationships with advertisers and partners (collectively, “Advertisers”) to provide Members with a variety of ways to earn cash (“Cash Earning Activity/Activities” or “Offers”). Cash Earning Activities are made available to Members based on a variety of factors, including demographic information, physical location, and participation level with InboxPounds®. InboxPounds® and our Advertisers make no guarantees regarding the number or amount of Cash Earning Activities that will be available to Members at any time.
When a Member completes an Offer through the Website, they are creating a direct relationship with the Advertiser who provided the Offer. Members should review the Advertiser’s terms and conditions relating to the Offer prior to completing the Offer. InboxPounds® assumes no liability, obligation, or responsibility for any Offer on our Website, or for any subsequent billing or relationship that occurs between Member and Advertiser. Members should contact the Advertiser directly if they have any questions or disputes relating to the Offer.
Some Offers provide additional incentives, such as gift cards, for completing the Offer. In these cases, the incentive is provided directly by the Advertiser to the Member, and is independent of the InboxPounds® program. There may be additional requirements to receive these incentives beyond what is required to receive credit from InboxPounds®. InboxPounds® is not responsible for these additional incentives.
Completion of Offers/Cash Earning Activities
Unless otherwise stated, Offers are available for first-time customers only. Members will not be credited for completing an Offer if they have completed the Offer in the past, through the Website, any other website, or with the Advertiser directly.
To be credited for completing an Offer, Members should complete the Offer immediately after clicking the Offer on our Website or in a PaidEmail™. Returning to the Advertiser’s website at a later time to complete the Offer or completing the Offer over the phone may result in not being credited for completing the Offer.
Crediting of Offers/Cash Earning Activities
Most Offers will be credited to the Member’s Account within a few business days from completion, while others may take up to 30 days to credit. Members should read and comply with all requirements of an Offer to ensure timely credit.
InboxPounds® credits Members for completing Offers based on information we receive from our Advertisers. Thus, the Advertiser has the final say in whether or not a Member is credited for completing an Offer. InboxPounds® makes no guarantee that Members will receive credit for completing an Offer. Members should save all confirmation/welcome emails (and similar information) they receive from the Advertiser after completing an Offer. This information can often be used to credit a Member’s account if this has not happened automatically.
Many Offers on InboxPounds® include a free trial period that enables the Member to try the product or service risk-free. Members should only complete these Offers if they have a genuine interest in the product or service. Cancelling a free trial immediately after joining may result in not being credited for completing the Offer. InboxPounds® reserves the right, in our sole discretion, to terminate a Member’s account and forfeit all earnings and referrals, in addition to any other legal remedies, in the event a Member’s activity appears fraudulent.
VII. CASH AND PAYMENT
About Cash in Your Account
You can earn Cash which is credited to your Account as described in the other sections of these Terms and Conditions, and which is subject to your compliance with all Terms and Conditions. Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting Cash payment or redeeming other credits in your Account at any time and such changed rules will apply to Cash already accrued as well as to Cash accrued in the future. You may request Cash payment out of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions. Redeeming Cash and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms and Conditions generally; and (2) compliance with the specific rules or terms then in effect for the particular redemption offer.
- You may not redeem cash until you have accrued at least twenty pounds (£20.00) in your account (the “Minimum Payment Amount”). The terms “Cash”, “Pounds” and similar terms are used interchangeably in this Website to mean any and all sums attributed to your Account. You have no right to redeem the Cash in your Account, and we have no liability or obligation to pay you whatsoever, unless and until you have accrued at least the Minimum Payment Amount in your Account. Unless and until you have accrued the Minimum Payment Amount, such Cash is deemed a contingent liability, which is entirely contingent upon: (1) your accrual of at least the Minimum Payment Amount in your Account, and (2) your full compliance with these Terms and Conditions. Unless and until your Account balance reaches the Minimum Payment Amount, the Cash in your Account has no cash value.
For example, if you open an account with an initial balance of 1 pound (£1.00), and then accrue another fourteen pounds (£14.00) in cash in that account, giving a total of £15.00, you are not eligible to receive any payment, and we are not liable to you for any amount. In this example you would have to earn yet another five pounds (£5.00), giving a total of twenty pounds (£20.00) accrued balance, before you would be entitled to any payment.
You can request payment of the Cash in your Account, subject to the remainder of these Terms and Conditions, by clicking the “Request Payment” link under the “My Account” tab. As noted above, you may not request payment and the Cash in your Account has no actual cash value until you have accrued at least the Minimum Payment Amount. A description of each payment request method will be displayed, and if the Member’s Account balance is large enough, a link to request that method of payment will also be displayed. Currently, the Minimum Payment Amount required to request a cheque payment is £20.00; however, this amount may change from time to time. Members may have only one pending payment request at a time.
You are responsible for any and all tax liability arising from or associated with your use of this Website, including liability arising from your accrual of Cash or your redemption of Cash for cash or other items.
Requests to redeem Cash and send payments are processed on the first Wednesday that occurs at least 8 days after the payment was requested. This means payment requests will be processed between 10 and 16 days after request. After requesting payment, Members can view their scheduled payment processing date by clicking the “My Profile” link under the “My Account” tab.
Payments are processed on Wednesday of every week and generally posted within 3 days, depending on holidays and how many payment requests there are for that week.
All payments are inspected immediately prior to processing. Payment requests belonging to Members who have become inactive (as described above in Section IV) or who have duplicate Accounts will not be processed and will be removed.
Returns and Reversals
Any time you return a purchased item for which you received Cash in your Account, and any time you void, cancel, rescind, or reverse any Cash shopping transaction for which you received Cash in your Account, InboxPounds® may subtract a corresponding amount of Cash from your Account. Similarly, if any Advertiser notifies us that it is reversing its transaction with you for any reason on any of our Cash Earning Activities, we will subtract a corresponding amount of Cash from your Account. A pattern of completing Offers followed by reversals is considered fraudulent activity, and may result in the termination of your Account and forfeiture of your Cash earnings and referrals.
InboxPounds® reserves the right to request further information from Members to ensure they have not fraudulently completed Offers. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the Offers, in order to ensure a stolen credit card was not used.
InboxPounds® reserves the right to place any payment request on hold, for any reason, until the requested information has been provided by the Member. Ample notice will be given to the Member to provide this information. If the Member does not provide this information before their payment is scheduled to be processed, their Account will be suspended until they do so. All decisions by InboxPounds® regarding fraud or suspected fraud are binding and final.
VIII. GENERAL TERMS
Copyrights and Trademarks
All content, materials, images, and other items on or accessed directly through this Website (collectively, the “Content”) belong to InboxPounds®, its third party licensors, or third party Advertisers. There are some important rules about using and copying the Content. You may download or print one copy of the Content on this Website, but only for your personal, non-commercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.
The Content is protected by English as well as foreign copyright laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trade mark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with InboxPounds® or our third party licensors. All rights not expressly granted are reserved.
Notice of Infringing Images or Content: DMCA Notice
If you believe in good faith that any photos, images, text, or other Content appearing on this Website infringes any copyright or other intellectual property right owned by you, please send a Notice to:
CotterWeb Enterprises, Inc.
1295 Northland Drive
Mendota Heights, MN 55120
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
Third Party Services
Linking to the Website
You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice, and may do so where the website from which you are linking fails, in our opinion, to comply with the content standards which we set for the Website.
If you wish to make any use of material on our Website other than that set out above, please address your request to us at our Contact Us page.
Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Limitation of Liability
- To the extent permitted by law, you agree that neither InboxPounds®, nor any person or company associated with InboxPounds®, including Advertisers or third party suppliers (collectively, the “Covered Entities”) shall be liable for any damage resulting from your use or inability to use this Website or the materials on this Website.
- To the extent permitted by law, the Covered Entities hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity,
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
whether caused by tort (including negligence), breach of contract (including fundamental breach) or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- The total liability of Covered Entities for losses, damages, or claims of any kind shall be limited to the amount of your actual damages, not to exceed the greater of £250 or the amount of Cash in your account at the time the claim arises. In no event shall the Covered Entities be liable to you for any losses or damages other than the amount described above.
- The limitation of liability in this clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Exclusion of Warranty
- All content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied.
- InboxPounds® makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this Website, including but not limited to the offers provided by Advertisers. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website or linked to by the Website is at your sole risk.
- InboxPounds® makes no representations or warranties that use of the Website will be secure, uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website or from linked websites is free of viruses or similar destructive programs.
- To the extent permitted by law, you agree that InboxPounds® shall not be liable for any claim or damages related to any loss, destruction, or alteration of data related to your use of the Website. The foregoing disclaimer includes but is not limited to reliance by you or any third party on any content or information obtained through the use of the Website, or any damage or harm resulting from any mistakes or omissions in, or delays in transmission of, information to or from the Website, interruptions in telecommunications connections to the Website, or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorised access to the Website, or related information or programs.
You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable legal fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the Website or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your Account, your membership or these Terms and Conditions.
You and InboxPounds® are independent parties as to one another. You are not InboxPounds’ agent or employee for any purpose and shall not hold yourself out as InboxPounds’ agent or employee.
Our contact information is available at the Contact Us page.
Members seeking support for their Account should login to the Member’s Section and click the “Support Centre” link.
Governing Law and Jurisdiction
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Website although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Limitation on Claims
You agree that in the event you have or may have any alleged claim against InboxPounds® or any of the Covered Entities, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, legal fees in relation to any claim you have or may have against InboxPounds® or any of the Covered Entities.
Third Party Rights
- To the extent that the provisions of clauses VIII.5, VIII.6, VIII.7 and VIII.11 provide rights for the benefit of persons that are not parties to these Terms and Conditions, the parties agree that these rights are enforceable third party rights, validly exercisable by any person identified by the description set out in Clause VIII.5 as the definition of Covered Entities.
- Except as expressly provided elsewhere in these Terms and Conditions, a person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of these Terms and Conditions. This does not affect any right or remedy of a third party which exists or is available apart from that Act.
- If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Members may not sell, assign, or otherwise transfer any rights under these Terms and Conditions, including any membership, Cash, or other benefit. InboxPounds® may assign or transfer its rights and obligations under these Terms and Conditions.
- Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures.