TERMS AND CONDITIONS FOR USE OF THE HOLIDAY HELP ME REWARDS PROGRAMME
1. This rewards program is an online service provided by Holiday Help Me ("Us/We/Our"), who can be contacted via e-mail at info@holidayhelpme.co.uk, website http://www.holidayhelpme.co.uk/.
2. The Rewards Program enables participating travel providers ("Participating Operators") to promote and offer their services for sale online to you in conjunction with certain rewards ("Points").
4. The Rewards Program involves the payment of commission to Us by Participating Operators in respect of your Approved Transactions for which We credit you with Points.
5. "Approved Transactions" are only those that are tracked transactions between you and Participating Operators concluded via our Partner Service; and made in accordance with these Rules, the terms of any Participating Operator’s promotion and any other terms and conditions applicable to the use of the Partner Service; and confirmed by the Participating Operators as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part. Our Partner Service includes, but is not limited to: Commission Junction (http://www.cj.com), Affiliate Future (http://www.affiliatefuture.co.uk), Platform A (http://www.buy.at), Trade Doubler (http://www.tradedoubler.com), DGM Pro (http://www.dgmpro.com), and AffiliNet (http://www.affili.net).
6. Without in any way limiting or exemplifying what may not qualify as Approved Transactions, the following shall specifically not qualify as Approved Transactions: transactions made when you have more than one Account concurrently in existence; transactions in respect of which you have not initiated transaction tracking; transactions in respect of which the data necessary to enable Points to be credited to your Account has been corrupted, damaged or lost; transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain Points dishonestly and/or in a manner contrary to the spirit or letter of these Rules.
7. You understand that regardless of the Partner Service through which you participate in the Rewards Program your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Participating Operators necessary for the purposes of performing Our obligations to you under the Rewards Program and shall be shared by Us with Partner Services through which you participate whilst you are a participant in the Rewards Program.
8. We shall be entitled to amend these Rules from time to time, and shall notify you of any changes, following which your continued use of the Rewards Programme shall be subject to these Rules as amended.
9. You are only eligible to join and continue to take part in the Rewards Program if you are over 18 years of age, have your permanent place of residence at an address in the UK and maintain with Us a valid and subsisting email address. You warrant to Us that whilst a participant in the Rewards Program all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief.
10. When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Operators then you will be entitled to a Points in accordance with the terms of the Participating Operators promotion.
11. Points shall be owned by Us and held by you in an account created for you by Us when you register ("Account"). Only Points obtained from Approved Transactions shall be credited to your Account.
12. We will use reasonable endeavours to ensure Points are correct. We are not responsible for incorrectly advertised Points, with emphasis on Points calculated by your Travel Adviser during the Trip Planning process.
13. Your failure to correctly follow any required instructions or conditions may result in no Points being credited to your account for which you will have no recourse against Us, Partner Services or Participating Operators.
14. You accept that in some cases there may be a delay or failure to credit Points to your Account due to a Participating Operators failure to provide information to Us. Whilst We shall use reasonable endeavours to recover Points for non-tracked transactions, We shall have no responsibility or liability for such delay or failure.
15. Whilst many Participating Operators report Points within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Points are not pending as a credit to your Account, then in order to resolve it your only option is to open a ‘Missing Points Claim’ on Our website as a result of which We will then attempt to make recovery from the Participating Operator. However, We make no warranty or representation and offer no assurance or guarantee that the Points will be credited to your account as a result. We cannot support ‘Missing Points Claim’ requests where the transaction occurred more than 90 days ago.
16. You are required to use the Rewards Program in an ethical manner and should accounts be used to purposefully defraud or inflate Points earnings with Participating Operators then duplicate transactions will be removed and/or your account subject to termination.
17. We are responsible for keeping your Account accurate and up-to-date in accordance with these Rules. We may adjust the balance of your Account in respect of non-payment from Participating Operators, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors. You understand that running a Rewards Program can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.
18. You shall contact Us only and shall not directly contact Participating Operators or Partner Services in connection with any aspect of the Rewards Program, whether for the purposes of raising a query, seeking further information or making a complaint/claim.
19. You are responsible for the security of your Rewards, and you agree that you will not transfer them to any other person, barter them for goods or services or deliberately or negligently enable any other person to obtain the benefit of Rewards awarded to you with or without your consent and that you will keep your Account details private and secret from others.
20. Points can be exchanged for Travel Vouchers, Shopping Vouchers or Airmiles at any time provided you have a sufficient points balance to warrant such a reward. The number of Points required for each Reward is determined by Us, is non-negotiable, and may be subject to change at any time.
21. Upon remittance of the Rewards to you, the balance of your Account in respect of which it has been issued will be reduced by the number of Points of the value of the Reward regardless of whether or not the Reward is safely received by you. Neither We, Partner Services, nor Participating Operators accept any liability in respect of you providing incorrect details to the extent that Rewards are not safely received
22. Where We have approved a Reward to you in respect of Travel transactions that are subsequently reversed or cancelled by a Participating Operator, We reserve the right to debit the value of that transaction from your Account.
23. YOU WILL NOT REGISTER WITH THE REWARDS PROGRAM UNDER ANY IDENTITY MORE THAN ONCE WITHOUT FIRST TERMINATING YOUR CURRENT REGISTRATION AND YOU WILL NOT CONCURRENTLY HOLD MORE THAN ONE ACCOUNT OPENED WITH ANY PARTNER SERVICE UNDER ANY IDENTITY. PLEASE NOTE THAT BREACH OF THIS RULE MAY AMOUNT TO AN ACT OF DISHONESTY, LEADING TO CRIMINAL PROSECUTION.
24. You may view your Account through Our website with which you registered for the Rewards Program, but you are responsible for keeping the permanent record of the details of your Account including its current balance. It is possible that through events of force majeure or for other reasons beyond our reasonable control We temporarily or permanently lose the data associated with your Account. You agree that We shall have no liability to you whatsoever in connection therewith.
25. It is possible that during the period with which you are registered for the Rewards Program, some Participating Operators may cease to be a Rewards Program Partner ("Partner Closure"). We will post on the Participating Operators information page on Our website notifying you if and when that happens, and it will remain there for a period of 30 days until such time that the Participating Operator is removed from our system.
26. It is an obligation to our Users that We will make every effort to agree the best commission level from the greatest number of Participating Operators, and to attract and retain as many Participating Operators as possible, however we can accept no liability if a Participating Operator chooses to or is forced to remove themselves from the Rewards Program.
27. In the event that for a period of 12 months you do not complete any Approved Transactions then your Account status will become an ' Inactive Account '. Unless we determine otherwise in our absolute discretion and on a case-by-case basis, upon becoming an Inactive Account, the balance of your Account shall be voided and it shall be automatically closed. In all cases where an account faces Closure, we will attempt to contact You in advance.
28. We may do any of the following at any time without cause or liability and without your consent: (i) close your Account; and/or (ii) amend, suspend or terminate the Rewards Program, any part of it or any feature within it; and/or (iii) restrict the hours of availability of the Rewards Program; and/or (iv) limit the amount of your permitted use of the Rewards Program.
29. You acknowledge and agree that regardless of the size of the balance of your Account, the Points standing to its credit, or to be credited to it may be automatically voided (so that you will not be entitled to any Reward in respect thereof) in any and all of the following circumstances:; (i) if We, a Participating Operator or a Partner Service should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, (ii) if for any reason, We should be unable to continue further funding of the Rewards Program, in whole or in part and whether as regards some or all participants in it; or, (iii) we terminate your Account because of a breach or suspected breach of these rules by you; (iv) if you close your Account; or (v) it is automatically closed as an Inactive Account.
30. If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with the Rewards Program again, whether using the same or a different identity to that under which you originally registered. Otherwise you may voluntarily close an Account, and re-register with the Rewards Program.
31. You understand and agree that Rewards have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties (whether or not Partners), whether for cash or in kind and that they do not represent any stored value.
32. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE REWARDS PROGRAM IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOUR PURCHASE OF GOODS OR SERVICES FROM PARTICIPATING OPERATORS IS SUBJECT TO AND GOVERNED BY THEIR TERMS AND CONDITIONS OF SALE AND NOT THESE RULES AND THAT THESE RULES DO NOT AFFECT YOUR RIGHTS IN RESPECT THEREOF. HOWEVER FOR OURSELVES ONLY WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM PARTICIPATING OPERATORS AND HEREBY EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES INCLUDING AS TO TITLE, FITNESS FOR PURPOSE, MECHANTABILITY AND/OR SATISFACTORY QUALITY REGARDING GOODS AND/OR SERVICES OBTAINED FROM PARTICIPATING OPERATORS THROUGH THE REWARDS PROGRAM.
33. YOU AGREE THAT THE REWARDS PROGRAM IS PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REWARDS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT.
34. WE SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY AWARDS OF PUNITIVE OR AGGRAVATED DAMAGES RELATING TO YOUR PARTICPATION OR INABILITY TO PARTICPATE IN THE REWARDS PROGRAMME.
35. THESES RULES DO NO AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE AMENDED OR EXCLUDED IN LAW AND THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THEM SHALL BE CONSTRUED AND APPLIED ACCORDINGLY.
36. YOU SHALL INDEMNIFY AND HOLD US, OUR AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) RELATING TO YOUR BREACH OF THESE RULES, AND/OR THE TERMS APPLICABLE TO PARTICIPATING OPERATORS PROMOTIONS AND/OR THE USE OF A PARTNER SERVICE.
37. Our failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.
38. We operate a programme in connection with the Rewards Program called Friend Referral. It offers you the facility to refer new users in consideration for a bonus Points Reward. The associated terms and conditions and the bonus amount will be as per the information detailed and We reserve the right to change the terms of this offer at any time by updating the appropriate content on the website.
39. You must not use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from the Friend Referral Program.
40. Where You refer a friend, who is not identified by the Reward Program database as being referred via your original customised refer a friend link, no refer a friend bonus payment will be paid. We are not responsible for the failure of the Friend Referral tracking links to accurately log your referrals.
41. These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.
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