Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Fatcheese Cashback Rewards Program (the "Program") or using any Fatcheese software ("Software"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program ("Member"), or by utilising Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Fatcheese with your valid email address and a password in which to access your account. Utilising Fatcheese Software does not confer the status of "Member" until the Software user completes the enrollment process. Participation in the Program and its benefits are offered at the discretion of Fatcheese, and Fatcheese has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
1. You must be an individual, 18 years of age or older residing in the Republic of Ireland.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Fatcheese. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. You must have Internet access and a valid email address to be eligible to receive the privileges and benefits of membership.
4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Fatcheese. Refusal to abide by this or any other rules may result in Fatcheese stripping you of referrals and/or cancelling your membership.
Accrual Of Cashback
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases they make at the merchants affiliated with and accessed via Fatcheese ("Affiliated Merchants"). The specific cashback payment associated with each Affiliated Merchant will be posted on Fatcheese.ie. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site. All Affiliated Merchant membership and/or operating agreements as they relate to their affiliate or partner programs with Fatcheese and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through Fatcheese Affiliated Merchants will be deemed "Qualified Purchases" and will earn cashback if and only if all of the following criteria are satisfied. "Cookies", both first and third party (if applicable), must be enabled on your Web browser. All potential Qualified Purchases must begin by clicking on an Fatcheese link to the Affiliated Merchant. The Fatcheese link to an Affiliated Merchant must not be altered. All purchases must be started and completed in one shopping session after the member clicks through to an Affiliated Merchant via the Fatcheese link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. Purchases must not use discount/voucher codes provided by any party other than Fatcheese. Purchases from "Vouchers Only" and "No Discount" Affiliated Merchants are not deemed a "Qualified Purchase."
7. Members are required to keep a copy of all order confirmations, receipts, invoices and any order references following completion of a "Qualified Purchase" made through Fatcheese Affiliated Merchants until the cashback reward has been paid into your bank or PayPal account.
8. The determination of whether or not a purchase made through an Fatcheese Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Fatcheese. All cashback rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Fatcheese at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. Fatcheese reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
9. If an Affiliated Merchant fails to report a transaction to Fatcheese, or withholds payment to Fatcheese for a particular transaction for any reason, Fatcheese reserves the right to cancel the cashback reward associated with that transaction. Cashback rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Fatcheese at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of cashback rewards, depending on the amount of cashback rewards you accrue and local tax laws. Fatcheese may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cashback rewards.
11. There are a limited number of purchases that are not eligible for accrual or payment of cashback rewards. We do our best to maintain an up-to-date list on our cashback exclusions page. Please note that affiliated merchants regularly change policies and if an affiliated Merchant fails to report a transaction to Fatcheese, or withholds payment to Fatcheese for a particular transaction for any reason, Fatcheese reserves the right to cancel the cashback reward associated with that transaction.
12. Members must not enter into, or attempt to enter into, any transaction with a retailer or to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a retailer's offering, or (c) in breach of any terms and conditions applied by FatCheese or the retailer to that transaction.
13. It is your responsibility to check your account regularly to ensure that cashback rewards have been properly credited and that your account balance is accurate. If you do not believe that a cashback reward has been correctly credited to your account you must contact Fatcheese Customer Service within 42 days of the transaction.
14. Fatcheese is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or for any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cashback rewards caused by such changes, discontinuance, or withdrawal. Fatcheese is not responsible for changes to, or discontinuance of, any special offer or voucher code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use vouchers and specials that are not listed on the Fatcheese site, we cannot guarantee that you will be eligible to receive a Fatcheese cashback reward on your purchases.
15. Money earned through the referral program will be paid along with regular cashback rewards. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs.
16. It is your responsibility to keep your account information current in order to facilitate the payment of your cashback rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cashback rewards to Fatcheese. Fatcheese is not responsible for any misapplied payments or payments sent to the wrong address if these errors were caused by inaccurate email or contact information provided by the member. We are also not liable for errors made by payment partners like PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
Account Access And Password
17. Upon registration for the Program, you will select a password that will allow you to access your Fatcheese account (via the Fatcheese Web site) to verify transactions, check account balances, and modify your account information.
18. You must be logged into Fatcheese and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time via the My Account section on the Fatcheese Website.
19. Fatcheese is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorise your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Fatcheese is not responsible for any credits or debits made to your account by someone else who uses your password.
Disclosure Of Account Information
20. You authorise Fatcheese to only disclose to third parties information you have provided, or information that Fatcheese has obtained about your Fatcheese account or shopping behavior: (i) to agents and licensors of Fatcheese or its affiliates, such as independent auditors, consultants or lawyers; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalised marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cashback rewards. Further, you authorise Fatcheese to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping basket, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Fatcheese. You allow Fatcheese to collect and use non-personalised marketing information regarding visits and related to purchases made from internet commerce sites for statistical purposes. All personal information is stored securely and we will never pass any of this information on to a third party without your explicit permission. Bank account information will never be passed on to any party unless required by law.
21. By signing up for membership at Fatcheese, you agree to receive communications that are account and membership related (e.g., that we've added money to your account) as well as periodic shopping-related emails that highlight voucher codes & special deals that are available to Fatcheese members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you cashback, you can close down your account by contacting customer service.
22. The Fatcheese program and Software are being provided to member "as is" with no warranty. To the maximum extent permitted by law, Fatcheese disclaims all representations and warranties, express or implied, with respect to the program and the Software, including, but not limited to, implied warranties of merchants, ability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
23. Fatcheese does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products, or services offered or provided by affiliated merchants or suppliers in conjunction with the program. In addition, although Fatcheese intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Fatcheese web site, Fatcheese does not warrant, guarantee or make any representations that this site is free of destructive materials. In addition, Fatcheese does not warrant that access to this site or use of its Software will be uninterrupted or error-free, and Fatcheese assumes no responsibility for any damage caused by your access, or inability to access, this site or your use or inability to use the software, including, but not limited to, your inability to accrue cashback rewards by purchasing items with an affiliated merchant.
Limitation Of Liability
24. In no event will any other company with which Fatcheese has a corporate partnering relationship, including without limitation, co-branding, co-marketing, joint development, a merchant relationship, or a licensing or supplier relationship (each a "corporate participant") be liable to you for non-performance of Fatcheese obligations. You agree not to sue any corporate participant for non-performance by Fatcheese. In no event shall Fatcheese be liable for any damages, claims or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused and under any theory of liability arising in connection with: (i) the program; (ii) any failure, delay, or decision by Fatcheese in administering the program; (iii) the use or inability to use this web site; (iv) the use or inability to use the Software including but not limited to lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary or punitive damages, including legal fees, arising out of such use or inability to use the Software, or (v) the purchase or use of any merchandise, products, or services of merchants or suppliers, even if Fatcheese, or representatives thereof, are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
25. Member agrees to indemnify and hold Fatcheese, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of member's use of the program, the violation of these policies by member, or the infringement by member, or other user of the program using the member's account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any member communications.
Termination Or Changes To The Program
26. Fatcheese reserves the right to terminate the Program at any time with notice. Notification of Program termination will be sent to the email address you provide to Fatcheese during the registration process. Fatcheese will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Fatcheese, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Fatcheese of a change in your email address.
27. Fatcheese may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Fatcheese Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
Termination Of Membership
28. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cashback rewards, or any misrepresentation of any information furnished to Fatcheese or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Fatcheese account and/or forfeiture of your accrued cashback rewards. Fatcheese also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked usage of the Fatcheese Program, Web site or Software. Any deactivated account loses accrued funds and Program access.
29. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cashback rewards for accrual or redemption, must be submitted within forty-two (42) days of the qualifying transaction directly to Fatcheese. Any such disputes shall be resolved by Fatcheese at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Fatcheese. In the event that an error is made by Fatcheese, your sole remedy shall be the credit of the disputed cashback reward to your Fatcheese account.
The cashback is offered and paid by Fatcheese. Our retail partners should not be contacted at any time in relation to cashback offered by Fatcheese. If you have any queries regarding cashback please contact Fatcheese directly.
30. Fatcheese promotions hosted on the Fatcheese.ie website, the Fatcheese.ie Facebook Fan Page or the Fatcheese.ie Twitter account are open to all verified members of Fatcheese.ie aged 18 years or over. Proof of age may be required. Employees (or family members of employees) of Fatcheese, companies associated with the Promotion and all affiliates of such companies may not enter the Promotion.
31. Fatcheese does not accept responsibility for network, computer or software failures of any kind, which may restrict or delay the sending or receipt of your entry or vote. Proof of sending is not proof of receipt.
32. The winner(s) will be selected from all correct and eligible entries. Fake accounts and fraudulent entries or votes will be disqualified.
33. Staff of Fatcheese.ie will ultimately decide if something is appropriate or not and act accordingly.
34. There is no cash alternative to any prize and unless agreed otherwise in writing the prize is non-refundable and non transferable.
35. Fatcheese reserves the right to substitute a prize for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control.
36. Except in the case of death or personal injury arising from its negligence or in respect of fraud and so far as is permitted by law, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the prize details beyond the Promoter's control and for any act or default of any third party supplier.
37. The terms and conditions of any other third party supplier will also apply to the prize where applicable. If there is a conflict between third party terms and conditions and these terms and conditions, these shall take precedence.
38. Fatcheese will not be liable for any prize(s) that do not reach the winners for reasons beyond the Promoter's reasonable control.
39. If the winner(s) cannot be contacted within a reasonable time period or are not able or available to accept the prize for any reason which is beyond the Promoter's reasonable control, then Fatcheese reserves the right to award the prize to another entrant.
40. The Promoter's decision is final and binding in all respects on all entrants. No correspondence will be entered into. Entries that do not comply in full with these entry terms and conditions will be disqualified and the entrant's Fatcheese account will be subject to cancellation.
41. The Promoter may refuse or disqualify any entry (including winning entries) if the entrant concerned or anyone authorised by the entrant to deal with their entry, acts in a way towards the Promoter or Fatcheese staff which the Promoter reasonably considers to be inappropriate, unlawful or offensive. If the winning entry is disqualified the Promoter reserves the right to award the prize to another entrant.
42. Entrants will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering a Fatcheese promotion.
43. For the avoidance of doubt, these Terms and Conditions shall be subject to the laws and jurisdiction of the Republic of Ireland. If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless The Company terminates, suspends or otherwise limits access. Should The Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Fatcheese, Member's only recourse is to immediately discontinue participation in Fatcheese and properly terminate his or her membership.