Last updated: 21th March 2018
- This Membership Agreement governs your membership and use of the www.happybirthdates.com website (“Site”). If you do not agree to be bound by the terms appearing below and the content of the FAQ page on the Site (“Rules”) please do not join or use the Site.
- Membership is restricted to individual residents of the United Kingdom and all other world jurisdictions where Membership and participation hereunder is not prohibited by law. For legal reasons memberships are only available to individuals aged over 18. Each Member is exclusively responsible for determining their legal entitlement to participate hereunder prior to joining. Payments to Members hereunder are made in Sterling, Euros or US Dollars to member established PayPal accounts only.
- This Site is administered by The Charter Trust of Northside House, Mount Pleasant, Barnet, Hertfordshire. EN4 9EE. United Kingdom (“Trust”). The Trust is owned by the partners of a 70-year established firm of chartered accountants registered at the same address.
- Site Membership and all benefits accruing to Members hereunder (“Membership”) shall be, subject to each Members compliance with the Rules, and for an initial period of 12 months from the date of registration on the Site and thereafter on an ex gratia basis until 24 hours termination notice is issued by one party to the other party by email only.
- Membership is subject to honest and truthful completion by the Member of the join free form appearing on the Site, including but not limited to registration of the members initials and date of birth which forms a Birthdate Code.
- All Member Registered Birthdate Codes are stored in two separate databases, one for initials and one for birthdates. The Trust makes ten random Birthdate Code draws from each of the databases every day at 12 noon (GMT) with the results being published on the Site for 24 hours until 11.59 am GMT the following day. In the event of more than one Member having registered the same birthdate and initials as published on the Site from a draw, the first Member to claim validly for that draw shall be the (only) Winner and receive any due cash prize(s).
- Winners must login to the Site and submit a valid claim during the period 12 noon (GMT) and 11.59 (GMT) the following day (time being of the essence) otherwise any cash prize will be forfeit and deleted from the Members account.
- Unless instructed by a Member to stop, the Trust will send daily email reminders to Members to help them remember to login every day. The trust cannot be liable in any way if any of these emails fail, or a Member’s email provider chooses to filter them into Spam or Junk folders or a Member fails to login and claim validly for any other reason.
- Every day, our system randomly selects and makes loyalty payments to members that visit the site. These random payments are made on an, ex gratia (discretionary) basis. In each case, the member or members concerned are contacted by email to arrange payment into their PayPal account or by Amazon voucher.
- Members are entitled to make use of the Bonus Cash program of the Site and invite individuals to join free themselves. Every time an Active referred members Birthdate Code is displayed on the Site as one of the 10 drawn every day the referrer will be invited to submit a birthdate claim. Subject to receipt of such claim by the Trust the referrer shall be paid the amount of free cash specified on the Site.
- After completion by a Member of a qualifying cashback purchase(s) from a participating merchant hereunder, commissions will become due and payable by the merchant to the Trust. Subject to prior payment from the merchant of Commissions due against purchases and a valid claim from the Member concerned as detailed on the Site, the Trust will make payment to the Member of any Cashback due when the Member is a winner as detailed below. Any remaining balance of purchases where the Trust has not received commissions will be carried forward in the Members account.
- All proofs of qualifying Cashback purchases requested in writing by the Trust after Member claim(s) hereunder against all purchases made from participating merchants must be emailed by the Member to the Trust within 14 days. Failure to email such required purchase proofs will permanently void the Member’s right to claim any otherwise due Cashback as shown in their Members account.
- Merchants are third party businesses offering purchase opportunities to Members, all purchases are concluded directly with each Merchant. The Trust is not in any way responsible for the products and services offered and/or supplied by Merchants to Members hereunder or any resulting disputes.
- In the event of the Trust determining at its sole discretion that a Member is in breach of these terms the Trust may under those circumstances issue immediate notice of termination to the Member, close the Members account and make forfeit all accrued account credits.
- Members must log-in to the Site at least once in any and every seven consecutive day period throughout Membership (“Active Membership”). Cashback credited to a Members account or potentially claimable by a Member hereunder shall be forfeit without notice in the event a Member does not maintain an Active Membership.
- The Trust prefers to make payment of cash prizes to winning members into their PayPal accounts however, alternative arrangements can be made for bank transfer to a Member subject to the Member agreeing to pay all bank charges relating to such transfer as a deduction from their cash prize.
- Members agree to the use of their names and/or likenesses by the Trust and participating Merchants if a Winner, for advertising and promotional purposes.
- If requested in writing by the Trust a Member must provide the Trust with proof that such Member is the Authorised Account Holder of the registered email address, has registered their own birthdate and initials and has not registered more than one account on the Site for themselves or on behalf of others and is not attempting to act dishonestly in respect of a claim or claims hereunder or any prize or cashback shall be forfeit, and the members account closed.
- Free membership of the Site automatically includes free membership of its commonly owned sister site paymenext.com (“PMN”). The services offered by PMN extends the free cash prize draw programme published by the Site to cover free cashback offers to all members from participating merchants. The Sites share use of all member databases and cross market their services one to the other from time to time.
- The Trust has the right to change these Rules, or close the Site permanently for commercial reasons at any time for any reason by posting a revised Rules page on the Site. The Trust will not change entry rules or Winner selection rules on any daily draw running at the time of the change. For the avoidance of doubt on any issue, Members should print and retain a hard copy of these Rules for future reference and check this page regularly for changes.
- The invalidity or unenforceability of any provision of the Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- The Site and the content of all printed materials distributed by the Trust hereunder are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
In this Policy the definitions set out in the Terms and Conditions will apply (except where the context otherwise requires).
By using the Site, and agreeing to this Policy you consent to the Trust’s use of your personal data in accordance with the terms of this Policy.
The Trust collects information from its Members and potential members at several different points on the Site as well as through email, mail and telephone correspondence.
The following personal data relating to you may be collected:
- Information you provide. You may provide information to us through web forms on the Site, by email or by phone. The information you provide may include your name, address, email address and phone number.
- The Trust will not intentionally or systematically seek to collect, store, use or otherwise process information about you classed as sensitive personal data, however the Trust automatically collects certain information to help us analyse the Site and service, including.
- Technical information including the Internet Protocol (IP) address used to connect your computer or device to the internet, your browser type and version, time zone setting, operating system and platform; and
- Information about your visit including the Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time), pages you visited or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page and any phone number used to call our contact information.
USING YOUR INFORMATION
The Trust uses the information you provide largely to contact you – by phone, email or by mail – in order to seek further information, to update you on any changes to our service, to send you general commercial communications, to send you any communications that you have specifically requested, and to inform you of any similar or related services that we provide that the Trust considers may be of interest to you. The Trust may keep this information on file to record inquiries that the Trust has received about its service, to help it assess how effective its various marketing programs are, and to comply with any legal obligations that may be imposed on it from time to time.
The Trust uses the information it collects to ensure the Site and other communications with you are presented in the most effective way, to administer the Site (including troubleshooting it and carrying out testing and analysis) to ensure that the Site and other arrangements for collecting your data and communicating with you are as secure as possible and for marketing purposes.
SHARING YOUR INFORMATION
The Trust might share your information with others, in limited circumstances, including:
- The Trust will share your information amongst the Trust’s other services, agents and websites as they may help in analysing and progressing your potential instructions.
- The Trust will work closely with selected partners who may provide administrative support, collect and store your information and may assist in the Trust contacting you.
- The Trust may share information with analytics and search engine providers that assist it in the improvement and optimization of the Site.
- The Trust may need to disclose your information if required to do so by law and/or if it believes that disclosure is necessary to comply with a current judicial proceeding or a court order or legal process served on it. In the event the Trust goes through a business transaction, such as a merger, being acquired by another company or selling a portion of its assets, your information will, in most instances, be part of the assets transferred.
- The Trust will share your information with any third party where you have provided the Trust with your consent and knowledge to do so.
- Save as detailed herein the Trust will not supply, share or provide information about any Member to a third party without the Member's consent.
STORING YOUR INFORMATION
The Trust will take all reasonable steps necessary to ensure that your data is treated securely and in accordance with this Policy. All information you provide to the Trust is stored securely on secure server space.
Unfortunately, transmissions of information (in particular, via the internet) are not completely secure. Although the Trust will do its best to protect your information, it cannot guarantee the security of data transmitted either through the Site or by mail, email or phone. Once the Trust has received your information, the Trust will use strict procedures and security features to try to prevent unauthorized access.
The Site contains outbound links to other websites. Please be aware that the Trust is not responsible for the privacy and cookie practices of any third party website.
MERCHANTS ADVERTISING PRODUCTS FOR SALE USING PROMOTIONS OFFERED BY THE TRUST ARE NOT INVOLVED IN ANY WAY WITH THE CONSTRUCTION OF SAID PROMOTIONS APPEARING ON THE SITE AND HAVE NO LIABILITY OF ANY KIND FOR THE CONTENT OR REDEMPTION OF SAME. NO PARTICIPATING MERCHANTS’ PRODUCTS ARE EVER USED AS PRIZES EXCEPT IN THE CASE WHERE AMAZON VOUCHERS ARE REQUESTED BY A WINNER IN PAYMENT OF A PRIZE OR CASHBACK.
YOUR RIGHTS AND CONTACTING US
You have the right to ask us not to process your information for marketing purposes and/or to ask that you be removed from our database of Site users. You can exercise this right at any time by sending the Trust an email to unsubscribe.
COOKIES AND HOW THE TRUST USE THEM
Cookies are small packets of data downloaded to your computer which communicate with websites in order to provide information to those who operate them. For example, they may help a website operator improve your experience on their website or to distinguish you from other users.
When you log into the Site if entering your username and password, or via a link in an email the Trust sends to you, a cookie is set which stores an alphanumeric identifier that enables your browser to keep you logged in until you log out of the Site.
We also publish Google AdSense interest-based advertisements on the Site, these are advertisements tailored by Google to reflect your interests, which it tracks using the “DoubleClick” cookie. The DoubleClick cookie is widely distributed and you may already have a copy of it on your computer from other websites before visiting the Site. Google’s use of the DoubleClick cookie enables it and its partners to serve advertisements to you based on your visit to the Site and other websites on the internet.
You can view, delete or add interest categories associated with your browser using Google’s Advertising Preference Manager, available at www.google.com/ads/preferences. You can opt out of the Google Adsense partner network cookie at www.google.com/privacy_ads. This opt-out mechanism uses a cookie and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plugin available at www.google.com/ads/preferences/plugin.
Most browsers allow you to change your cookie settings. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
In Internet Explorer you can refuse all cookies by clicking Tools> Internet Options> Privacy and selecting Block All Cookies using the slider selector.
In Firefox you can adjust your cookie settings by clicking Tools> Options> Privacy.
In Google Chrome you can disable all cookies by clicking Tools> Options. Under the Bonnet> Content Settings.
CHANGES TO THIS POLICY
The Trust will occasionally update this Policy to reflect changes in its practices, services and customer feedback. When the Trust posts changes to this Policy, it will revise the "Last Updated" date at the top of this Membership Agreement. If it makes any material changes in the way it deals with your information or collects, uses, and/or shares information held in cookies, it will notify you by prominently posting notice of the changes on the Site. The Trust encourages you to periodically review the entire Membership Agreement to be informed of any changes as to how we deal with your information.