Membership Agreement

Last updated: 7th May 2017

  1. These Terms, Privacy & Cookie rules (“Rules”) govern your membership of and use of the www.happybirthdates.com website (“Site”). If you do not agree to be bound by these Rules please do not join or use the Site.
  2. Membership is restricted to individual, business and/or corporate residents of the United Kingdom and all other world jurisdictions using the English Alphabet (to register) where membership and participation hereunder is not prohibited by law. For legal and programme underwriting reasons memberships are only available to individuals aged between 18 and 80 years old. Each Member is exclusively responsible for determining their legal entitlement to participate hereunder prior to joining. Payments of prizes hereunder are made in Sterling or Sterling equivalent in US Dollars or Euros.
  3. 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 firm of chartered accountants registered at the same address.
  4. Site membership is free of charge and entitles registered members (“Member” “Members”) throughout the term of Membership only, to enjoy a combination opportunity, (commencing after 12 noon GMT on the day following Member Registration) to free participation in ten cash prize draws per day.
    4. a.) To win one of 10 - £100 cash prizes (“Prize” “Prizes”) and
    4. b.) To win one of 10 daily awards of a 100% refund of all or any qualifying monies spent with participating Merchants (“Merchant Merchants”) as detailed below (“Cashback”).
  5. Site membership and all benefits accruing to members hereunder (“Membership”) are for a fixed period of 12 months from the date of registration on the Site and thereafter at the exclusive election of the Trust on an ex gratia basis until 30 days termination notice is issued by the Trust to a registered member or members by email only (“Termination Notice”).
  6. After completion by a Member of a qualifying cashback purchase(s) from a participating Merchant hereunder the Merchant will pay commissions to the Trust against purchases made by the Member. Subject to prior payment from the Merchant of Commissions due against purchases and a valid claim from the Member 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.
  7. All proofs of qualifying cashback purchases requested in writing by the Trust after Member claim 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 Members right to claim any otherwise due Cashback.
  8. Ten daily draws take place every day at 12 noon (GMT) with the results being posted on the Site for 24 hours until 11.59am GMT the following day. In the event of more than one Member having registered the same birthdate and initials as posted on the Site from a draw, the first Member to claim validly for that draw shall be the (only) Winner and receive any due Prize or Cashback.
  9. 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 Prize will be forfeit. In the case of Cashback and referral commissions Members can only become a Winner and submit a valid claim during the 365 consecutive days commencing on the day after any purchase from a Merchant as detailed herein otherwise any accrued cashback and referral commissions will be forfeit.
  10. Subject to a valid claim the Trust will make payment to the Winners of The Prize (£100 cash) and if applicable Cashback, which means a full refund of all (if any) monies paid to participating Merchants hereunder for purchases of qualifying products made by the Winner either from the original date of joining (if a first time winner) or the full value of purchases made since the date of the Member’s last win in respect of which the participating Merchants have paid commissions as detailed herein.
  11. The Trust may send daily email reminders to Members to help them remember to login every day. The trust cannot be liable in way if any of these emails fail, 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.
  12. The maximum amount of cashback payable to a Winner against a single Claim is £5,000 any remaining balance shown in the member's account is carried over to the next birthdate claim.
  13. Merchants pay small commissions and fees to the Trust for advertising services and against purchases made by Members (“Commission” “Commissions”). The only income received by the Trust is Commissions.
  14. 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.
  15. Members can use the Trust’s bonus cash / referral programme by logging in and clicking bonus cash. Each Member's account area includes a referral link or banner that the Member can post anywhere online (i.e. Facebook, Twitter, blogs, their own sites, etc.). In the case of business and/or corporate Members requiring bespoke creatives, a tracking link will be supplied after written request to the Trust. All Member links and/or banners are fully tracked to capture all new member referrals. A £3 sign up commission is added to the referring Members account for each and every successful referral. Referral commissions are only paid to referring Members (together with winnings) on the next occasion they are a Winner.
  16. All Members must have a valid and verifiable email address. Payment of Prizes or Cashback to Winners require PayPal account details to be provided to the Trust or any payment hereunder will be made in Amazon vouchers.
  17. 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.
  18. 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.
  19. The Trust has the right to change these Rules, Prize and Cashback rewards, 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.
  20. The invalidity or unenforceability of any provision of the Rules shall not affect the validity or enforceability of any other provision. In the event that 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.
  21. The Site is governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy and Cookie Policy

The following is the Privacy and Cookie Policy (“Policy”) for the Site. Please read this carefully to ensure you are willing to accept the Policy.

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.

Privacy

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.

INFORMATION COLLECTED

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.

LINKS

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

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.

The Trust uses a cookie named Google Analytics (which is part of the Google Analytics service) to analyse the use of the Site and other websites more generally. Google Analytics uses cookies to collect and create statistical and other data about the Site and internet use. The information gathered from the Site will be used to create reports about the use of the Site and about internet use more generally. Google stores and uses this information. Google’s privacy policy is available at www.google.com/privacypolicy.

The Trust publishes merchant offers of goods and services for sale to Members. Your purchase activity is tracked by the Trust’s use of cookies which are designed to follow any transaction you enter into with participating merchants through the Site and ensure you receive any benefit promised by the Trust.

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 may opt out of the use of the DoubleClick cookie for internet-based advertising by visiting www.google.com/ads/preferences (alternatively you can opt out of a third party vendor’s use of cookies for internet-based advertising by visiting http://aboutads.info.

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.

REFUSING COOKIES

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 Policy. 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 Policy to be informed of any changes as to how we deal with your information.

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