Terms & Conditions

Please read this Agreement carefully, as it sets out our and your legal rights and obligations in relation to our Site.

This Agreement is divided into two parts: Part A contains the general terms relating to the use of our Site, while Part B contains the special terms which apply to our Members. By using our Site you agree to be bound by this Agreement; and if you register as a Member, we will ask you to specifically agree to its terms.

You should print a copy of this Agreement for future reference. We will not file a copy of this Agreement specifically in relation to you, and it may not be accessible on our Site in future.

The Site is owned and operated by Mozbox. Our trading address is 23 Brook Way, Anna Valley, Andover. If you would like to get in touch with us, please write to us at this address, or using our website contact form.

This Agreement is available in the English language only.

PART A: GENERAL TERMS

1. Definitions and interpretation

1.1 In this Agreement:

"Affiliate Fee" means an amount paid by a Merchant to us in respect of a purchase of goods or services by a Member from the Merchant, or the completion of some other specific action by a Member in relation to a Merchant;

"Agreement" means this User Agreement together with our Privacy Policy;

"Bonus Cashback" means the bonus amounts which Members may earn in accordance with Clause 12.2;

"Cashback" means the amounts which Members may earn by purchasing products or services from a Merchant (or completing some other specific action in relation to a Merchant) after clicking on a Merchant Link;

"Force Majeure Event" means any event which is beyond our reasonable control (including without limitation failures of or problems with the internet or a part of the internet, failures of our internet service providers, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers' rights, performers' moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;

"Member" means a person who has registered with the Site by completing the procedure set out in Clause 9.3 (and "Membership" shall be construed accordingly);

"Member List" means a list of products and/or services offered by Merchants which is posted on the Site by a Member, and through which a Member may earn Cashback in accordance with Clause 12;

"Merchant" means a business which has directly or indirectly entered into an affiliate agreement with us, such that (subject to applicable terms and conditions) when a Member finds the Merchant's website through the Site and makes a purchase of goods or services on the Merchant's website or completes some other specific action in relation to the Merchant, the Merchant will will pay to us an Affiliate Fee;

"Merchant Link" means a hyperlink on the Site pointing to the website of a Merchant which may give rise to the payment of an Affiliate Fee (which for the avoidance of doubt will exclude any hyperlinks contained in pay-per-click adverts or other paid adverts hosted on the Site);

"Review" means a review of the product(s) and/or service(s) of a Merchant or Merchants which is posted on the Site by a Member, and through which a Member may earn Cashback in accordance with Clause 12;

"Site" means the website at www.mozbox.com and any successor site operated by us from time to time; and>

"User Content" means content uploaded by you (being a Member) to the Site, whether consisting of profile information, a Review, a Member List, or otherwise;

1.2 References in this Agreement to "we" or "us" mean Mozbox.

1.3 References in this Agreement to "you" means the person (whether a Member or non-Member) using the Site.

2. Licence

2.1 We or our licensors own the Intellectual Property Rights in the Site and material on the Site.

2.2 You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions in Clauses 2.3 and 3 below.

2.3 You must not:

(a) republish material from this Site (including republication on another website);

(b) sell, rent or purport to sub-license material on the Site;

(d) edit or otherwise modify any material on the Site; or>

(e) redistribute material from the Site.

3. Use of the Site

You must not use the Site:

(a) in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or>

(b) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4. Warranties and liability

4.1 Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up-to-date.

4.2 Subject to the warranties granted to Members in Clause 14, we do not grant to you any warranties or make any representations relating to the Site or your use of the Site, and we exclude all such warranties and representations.

4.3 Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for:

(a) any consequential, special or indirect loss or damage;

(b) any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings; or>

4.4 In addition, to the extent that information and services on the Site are provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of that information and those services, and we exclude all liability in relation to that information and those services.

4.5 If, notwithstanding the limitations of liability in this Agreement, we are found to be liable to you, our liability to you in any 12 month period shall not exceed 100 pounds sterling in aggregate.

4.6 However, nothing in this Agreement shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5. Restricted access and functionality

5.1 Access to certain areas of the Site and certain functionality on the Site is restricted to Members.

5.2 We reserve the right to restrict access to other areas of the Site, or indeed the whole Site, at our discretion.

5.3 For the avoidance of doubt, non-Members may not under any circumstances earn Cashback or Bonus Cashback via the Site.

6. Third party websites

The Site includes links to other websites provided by third parties. These links are not recommendations, and are provided for your information only. We have no control over the content of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. Trade marks

7.1 MOZBOX and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

7.2 The other registered and unregistered trade marks or service marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

8. General

8.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

8.2 No waiver of any provision of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of this Agreement.

8.3 This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

8.4 You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing such action does not serve to reduce the guarantees benefiting you under this Agreement.

8.5 We may vary this Agreement from time-to-time by posting a new version on the Site and giving to written notice to Members of the variation.

8.6 Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under this Agreement, those obligations shall be suspended for the duration of the Force Majeure Event.

8.7 This Agreement constitutes the entire agreement between you and us in relation to your use of the Site, and supersedes all previous agreements in respect of your use of the Site.

8.8 This Agreement will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

PART B: MEMBERSHIP TERMS

9. Becoming a Member

9.1 Membership is open only to individuals (not companies or other corporate bodies) who are:

(a) at least 18 years of age;

(b) acting in a private, non-commercial capacity; and>

9.2 A maximum of one Membership is permitted per postal address, and a maximum of one Membership is permitted for each individual fulfilling the criteria set out in Clause 9.1.

9.3 In order to become a Member, you must take the following steps:

(a) complete the Site's registration form (which requires you to confirm your consent to the terms of this Agreement);

(b) submit the registration form; and>

9.4 If you make any error during the process of completing our registration form you should correct the error using the Site interface.

9.5 You will become a Member, and the terms in this Part B will come into force, when you complete the procedure set out in Clause 9.3. Your Membership will continue indefinitely unless and until terminated in accordance with Clause 15.

10. Membership benefits

10.1 During the period of your Membership you will receive the benefits set out on the Site, which may include facilities to:

(a) create and maintain a profile on the Site;

(b) post messages on the Site, and send messages via the Site;

(c) receive alerts and messages from the Site in relation to particular products and services which may be of interest to you;

(d) receive Cashback in accordance with Clause 12; and>

(e) post Reviews and Member Lists on the Site.

10.2 We may, from time to time, vary the benefits available to Members in our absolute discretion.

10.3 You must not allow any other person to use your user ID and password, and you must ensure that that user ID and password are kept confidential. You accept responsibility for all activities that occur under or in relation to your user ID and password.

11. Consumer rights

11.1 You may cancel your Membership at any time within 7 working days of the date when you confirm your Membership (i.e. the date of clicking on the activation link in the email that we send to you following submission of your registration form), providing that at the date of cancellation you have not taken advantage of any of the benefits of your Membership.

11.2 For the avoidance of doubt, if you cancel your Membership in accordance with Clause 11.1, you will not be charged for Membership.

12. Cashback

12.1 Subject to the other terms of this Agreement, we will use reasonable endeavours to allocate to you Cashback in respect of purchases that you make from Merchants that you visit through a Merchant Link.

12.2 Subject to the other terms of this Agreement, we will use reasonable endeavours to allocate Bonus Cashback to you when:

(a) you register as a Member;

(b) another person registers as a Member immediately after clicking on a link to our registration page in a registration email sent by us to that Member at your instigation;

(c) other Members make purchases after clicking on a Merchant Link in a Review or Member List that you have posted on the Site; and/or>

(d) in any other circumstances which we specify on the Site will lead to the allocation of any amount to you.

12.3 Cashback and Bonus Cashback amounts will be as stated on the Site from time to time (subject to the other provisions of this Agreement).

12.4 You acknowledge that:

(a) you must be logged in to the Site to use that Cashback facility and that you will need to have cookies enabled in your web browser to benefit from Cashback;

(b) the cookies used to track actions on Merchant Sites have variable expiry times (for example, they may expire at the end of your browser session) and you will receive no Cashback in relation to actions taken after the expiry of the relevant tracking cookie;

(d) in some cases we will not be able to allocate Cashback earned unless you make a purchase immediately after clicking on the relevant Merchant Link;

(e) the Cashback rates published on the Site may be out-of-date or otherwise incorrect; and>

(f) the technology used to track purchases from Merchants is in some circumstances unreliable.

Accordingly, we do not guarantee that you will receive Cashback in relation to any particular Merchant transaction at the rates set out on the Site or at all.

12.5 We will usually allocate Cashback to your account that you earn in respect of a particular Merchant transaction promptly following our receipt of the Affiliate Fee earned on that transaction. However, you acknowledge that it may take 3 months (or more) from the date of a particular Merchant transaction until the date that we receive our Affiliate Fee earned on the transaction.

12.6 If a transaction giving rise to a payment of Cashback is cancelled (for whatever reason), we will not pay you Cashback in relation to that transaction and any Cashback that we have paid to you will become repayable (and may be deducted by us from your account).

12.7 You must not abuse the Cashback system. Abuse includes any action or course of action which (in our reasonable opinion) would or might, if adopted generally by all users, undermine, threaten or negatively affect our relationships with Merchants and Merchant intermediaries, or the viability or integrity of the Cashback system or the Site or our business.

12.8 Providing the amount of Cashback (excluding Bonus Cashback) held by us in your account exceeds 25 pounds sterling, you may instruct us to transfer any amount held in your account (including Bonus Cashback) by any of the payment methods specified on the Site from time to time, which may include:

(a) by Paypal (providing you supply to us Paypal account details);

(b) by cheque (providing you send to us full payee and address details); or >

(b) by BACS (providing you supply to us any requested bank details).

12.9 Subject to the other terms of this Agreement, payments will be sent by us within 10 working days of receipt of your payment instruction.

12.10 Cashback amounts are inclusive of any applicable taxes.

12.11 For the avoidance of doubt, no interest shall be payable any amount overdue to you under this Agreement or on any Member's account.

12.12 You acknowledge that we are not a party to any contract you may enter into with a Merchant, and that we shall not be liable to you in respect of any such contract.

13. User Content

13.1 You warrant that you are the sole and exclusive owner of all Intellectual Property Rights and other proprietary rights in the User Content, and that you have not granted to any third party any licence of any such rights.

13.2 You hereby assign to us with full title guarantee free from any encumbrances all existing and future Intellectual Property Rights and other proprietary rights in all User Content (including the right to bring proceedings and recover damages in respect of past infringements of those rights), and you hereby waive all moral rights (including without limitation the rights of paternity and integrity) in relation to such User Content.

13.3 You further warrant that the User Content:

(a) does not infringe any third party's Intellectual Property Rights, other proprietary rights, or rights of confidence or privacy;

(b) does not violate any law, statute, ordinance or regulation;

(d) is not obscene or pornographic and does not contain child pornography; and>

(e) does not contain or consist of spam or any promotional, advertising or marketing material (provided that this restriction does not prevent the recommendation by you of particular products or services in which you have no financial or other interest or in respect of which you have reasonably disclosed your financial or other interest).

13.4 We may take such action as we deem appropriate to deal with the posting of unsuitable User Content or User Content which contravenes this Agreement, including removing the User Content, suspending your Membership, restricting your access to the Site, commencing legal proceedings against you and/or terminating your Membership in accordance with Clause 15.

13.5 We do not undertake to monitor your use of the Site or the posting of content by you or any third party on the Site.

13.6 If you become aware of any User Content on the Site which breaches the terms of this Agreement, you should inform us as soon as practicable.

14. Warranties and indemnity

14.1 In addition to the warranties set out elsewhere in this Agreement, you warrant to us that:

(a) you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement;

(b) you meet the Membership criteria set out in Clause 9.

14.2 We warrant to Members that:

(a) we have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable us to lawfully enter into this Agreement; and>

(b) all services we provide to you under this Agreement will be provided with reasonable care and skill.

14.3 You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any term of this Agreement, or arising out of any claim by a third party that you have breached any term of this Agreement.

15. Termination of Membership

15.1 You may terminate your Membership for convenience at any time using the Site interface; we may terminate your Membership for convenience at any time by giving to you written notice of termination, subject to Clause 16.1.

15.2 Your Membership will be automatically terminated if your Member account is inactive for a period of 12 consecutive months.

15.3 We may terminate your Membership immediately without notice if:

(a) you commit any breach of this Agreement, post any User Content to the Site which breaches any term of this Agreement, or post otherwise unsuitable User Content to the Site;

(b) you become bankrupt, or there are reasonable grounds to believe that you are likely to become bankrupt; or>

(c) you die, become incapable of managing your own affairs by reason of mental or physical illness or incapacity, or become a patient under any mental health legislation.

16. Consequences of termination of Membership

16.1 Subject to Clauses 16.2 and 16.3, where the Agreement is terminated under by us under Clause 15.1 and providing that:

(a) we hold valid payment details for you at the date of termination; or >

(b) you send valid payment details to us within one month after we send to you a notice requesting that you provide such details;

you will be entitled to be paid the balance of your account providing the amount of Cashback in the account (excluding Bonus Cashback) exceeds 25 pounds sterling.

16.2 Save as provided in Clause 16.1, you will not be entitled to any payment upon termination.

16.3 Both before and after termination, we will be entitled to set off any amount held in your account against any amount you owe to us whether under this Agreement or otherwise, and against any loss or damage suffered by us whether in relation to this Agreement or otherwise arising out of your acts or omissions.

16.4 Termination of your Membership will not affect:

(a) the accrued rights and obligations of the parties at the date of termination; or>

(b) the continued existence and validity of the rights and obligations of the parties under Clauses 12.10 to 12.12, 13.1, 13.3 to 13.5, 14 and 16, and the continued application of Part A to any use of the Site by you.


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