Subscriber Terms and Conditions
This page together with the documents referred to in it sets out the terms of business on which we supply: any items which can be used to tag and subsequently recover things should they be lost in accordance with these terms (“Goods”); and any of the services, such as the initial setting up of an account with us (“Services”), referred to on our website at http://rewardtagz.com/ (the “Site”) to you. You should read these terms of business carefully and in full before ordering any Goods and/or Services from us via the Site. By ordering any of our Goods and/or Services, you agree to be bound by these terms of business.
Please tick the tick box next to this link to the terms of business if you accept them. If you do not accept these terms of business, you will not be able to order any Goods or Services from our site.
1. Who we are
The Site is a website operated by REWARD TAGZ, a business registered in Jersey (registration number 29932) and referred to throughout these terms of business as “we” or “us”.
2. Service availability
Some restrictions may be placed on the extent to which we accept orders from specific countries.
3. Who you are
By placing an order through the Site, you warrant to us that:
• you are legally capable of entering into binding contracts;
• you are at least 18 years old.
4. Our contract
Once you have placed your order, we may send you an e-mail acknowledging receipt. Please note that this does not mean that we have accepted your order. Your order constitutes your offer to us to buy Goods and/or Services from us. All orders are subject to acceptance by us, and any such acceptance will be made by sending you an e-mail stating that the Goods have been dispatched or the Services have been started (the “Dispatch Confirmation”). There will be no contract between us until we send you the Dispatch Confirmation.
5. Dispatch
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If the Dispatch Confirmation does not specify a delivery date, then your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. Price and payment
6.1 The price of any Goods or Services (such as the initial set up fee and monthly subscription fees) will be as quoted on the Site from time to time in pounds sterling (£), except in cases of obvious error.
6.2 The prices quoted are exclusive of VAT or other sales tax (and the amount of any additional VAT or other sales tax payable will be indicated to you as part of the order process, if you are required to pay VAT or any other sales tax).
6.3 There are no delivery or postage charges with orders of Goods to be delivered to anywhere on the mainland UK, the Isle of Man or the Channel Islands. Orders to be delivered elsewhere may be liable for postage charges (please contact us by email to find out).
6.4 You are required to pay the applicable one-off set up fee at the outset prior to any functions being available – which will be at the price as set out on the Site at the time of the first order, which may change from time to time.
6.5 You will then be required to pay the applicable monthly fee every month to keep your account alive (‘Monthly Fee’). The first Monthly Fee will be payable in advance on the date of the order and subsequent payments will be due on the same date the following month (or the closest day prior to that date). We reserve the right to terminate your account, if any Monthly Fee is not paid by the due date in any month. In such circumstances, we may terminate without notifying you.
6.6 The Monthly Fee may be increased by giving you 3 month’s prior notice, but the Monthly Fee will not be increased during the first 12 months of your membership.
6.7 All Goods and Services must be paid for by paypal.
7. Our service obligations to you
7.1 You can specify how many stickers and/or keyrings (‘Tagz’) you would like to have, up to an initial maximum of 25 in total and we will deliver these to you.
7.2 Replacements of Tagz (for faded or broken tags) can be supplied at a later time free of charge, as will Tagz for additional items. Such free supply will be subject to a ‘fair usage’ policy and we reserve the absolute right to refuse to issue replacement or additional Tagz for free, should we consider such usage not to be fair (in such circumstances, you will be quoted a fee and/or delivery charges for us to supply you with your request).
7.3 We will only be required to assist with recovering lost items (in accordance with these terms) whilst your account still exists. If for whatever reason, your account is no longer live, we will have no obligation to you whatsoever (including obligations that may have arisen when you had a live account, as they will lapse) to assist in recovering lost items, including but not limited to: no obligation to inform you that someone has found a lost item, who that person is, or to pay any delivery or postage charges to restore an item into your possession.
7.4 You acknowledge that we cannot control third parties and that any obligation that we may have to assist you in recovering a lost item is limited to us using our reasonable endeavours to put in you touch with the finder and paying certain costs as stated in the terms and conditions. What is reasonable will be determined by us at our absolute discretion.
8. Your obligations to us
8.1 You must affix Tagz securely and replace them when faded or broken as necessary – we will not be liable to you for any loss caused by incorrectly or insecurely affixing Tagz to items, or due to the fact that Tagz cannot be read.
8.2 We will not be liable to you for any damage caused by affixing Tagz to inappropriate items or affixing them in an appropriate way – it is your responsibility to check beforehand to see if damage could be caused by affixing the Tagz.
8.3 When stating the amount of reward you are willing to offer on the Site and/or a description of the item, you must not breach any laws. Please note that it is illegal to publish a public advertisement of a reward for the return of any goods which have been stolen or lost using any words to the effect that no questions will be asked, or that the person producing the goods will be safe from apprehension or inquiry, or that any money paid for the purchase of the goods or advanced by way of loan on them will be repaid. If you should breach such laws you will reimburse us for any and all legal costs, penalties and other fees which we might incur as a result of this or as a result of us attempting to defend such a claim.
9. Returning lost items
9.1 Once a person has found your lost item (a ‘Finder’) informs us of this, we will endeavour to inform you within a reasonable time. Time is not of the essence in this regard and we owe you no obligation to inform you immediately or within a certain timeframe and accept no liability whatsoever in relation to the timing of this.
9.2 Should you still require the item to be returned, you should inform us of this and we will then try to arrange the Finder to return it to you.
9.3 If available through one of our providers, you may be able to choose to purchase insurance to cover the return process. You are alternatively free to arrange your own insurance at your own expense if you wish.
9.4 You must then send to us the reward amount as stated on the Site relating to the particular item you wish to be recovered (the ‘Reward’) (and any optional insurance surcharge) in the manner in which we request at the time. In the event that the Reward is returned to you for any reason (including the item not being returned), we will retain 10% of the Reward to cover admin and banking costs; such amount can be reasonably increased in the future at our discretion.
9.5 Only following the above steps, will we try to liaise with the Finder to arrange collection of your item and undertake the following:
(a) Forward ‘return labels’ to the Finder with your address on them;
(b) Pay for the costs of postage and packaging (subject to the rules below).
9.6 We intend to use myHermes as the delivery service, but we reserve the right to use alternative providers at our absolute discretion. Items can only be transported in accordance with the delivery company’s terms and conditions, which we have no control over (and which may change from time to time) and we therefore have no liability in relation to the same to you – for example: certain companies will not deliver items due to their size or nature. It is your responsibility to read the myHermes website and to not attach Tagz to any items mentioned on their excluded list, nor any similar items (given that we may use a different provider, who may have different items which they will not post).
9.7 We will only reimburse postage and packaging costs to the Finder up to a maximum of £30 per item found. If the total cost of postage and packaging exceeds £30, we reserve the right to refuse to pay the full cost and ask you to pay for all costs in excess of £30. We do not cover any further costs whatsoever, including no costs relating to insurance.
9.8 You can if you wish arrange with the Finder to collect or otherwise recover the lost item. We can assist with the exchange of address details if both parties consent and we are not required to do anything which would breach any law including any relating to data protection. Should this occur, we are willing to reimburse some of the costs, on production of proof of costs incurred to our satisfaction (which will be up to our absolute discretion), up to a maximum of £30.
9.9 Although, we will try to assist in helping the Finder return the lost item to you, the returns process is purely between you and the Finder on a contractual basis and we do not have a contract relating to this and will not have any contractual obligation to you to return the item, or to return it in a safe and undamaged condition (you agree that this is the case because it is not possible for us to control the Finder and that this is therefore a reasonable consumer term); and therefore we will have no liability to you whatsoever relating to the returns process.
9.10 When the item arrives in a condition satisfactory to you, let us know and we will then forward the Reward to the Finder or to the nominated charity (less 10% of the Reward to cover admin and banking costs; such amount can be reasonably increased in the future at our discretion).
9.11 Rewardtagz is a service to return lost items that have been found. If we subsequently discover that our services are being used for other purposes, we reserve the absolute right to refuse to cover any postage and packaging costs incurred in returning the item. Furthermore, we reserve the right to seek a reimbursement of all monies paid previously if there has been a breach of these terms and conditions.
9.12 Rewardtagz reserves the right to refuse to cover postage and packaging costs if it is felt that there is an unfair and excessive use of the returns process.
9.13 Rewardtagz has the discretion and absolute right to terminate the contract with the subscriber at any time.
10. Cancellation policy
10.1 Your legal or statutory rights are not affected by any of the following.
10.2 You have a right to cancel a contract between us, which is subject to these terms and conditions, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.3 The cancellation period will expire after 14 days from the day on which you acquire physical possession of the Goods, or 14 days from the start of a contract if it relates to Services.
10.4 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (via email only). To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired.
10.5 If you cancel the contract, we will reimburse to you all payments received from you, including any delivery costs. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (other than what is necessary to establish the nature, characteristics and functioning of the goods).
10.6 We will make the reimbursement without undue delay and not later than:
– 14 days after the day we receive back from you any goods supplied, or
– (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
– if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
10.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
10.8 You shall send back the goods or hand them over to us, at our address, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send or hand back the goods before the period of 14 days has expired.
10.9 You will have to bear the direct costs of returning the goods.
11. Our liability
11.1 Our liability to you in connection with any Goods purchased through the Site is strictly limited to the purchase price of the Goods in question.
11.2 We do not exclude or limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings; or
(e) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise,
12. Legal issues
12.1 You must not affix the Tagz to any item which is illegal in the UK (or which is otherwise normally illegal in other countries). We will not assist in recovering any such items.
12.2 Without prejudice to any other rights or remedies which we may have, we may terminate this agreement, without liability to you (and without any obligations to you regardless of whether they existed before the breach) and without refund of any monies, immediately on giving notice to you if you should be in breach of any of the terms of these terms and conditions.
13. Communicating with you in writing
In certain circumstances, the law may require that we must communicate with you in writing. When using the Site, you accept that our principal means of communicating with you will be electronic and that this falls within the definition of writing.
14. Notices
14.1 Any notices you send to us must be given by email.
14.2 We may give notice to you at either the e-mail or postal address you provide to us when you place your order.
15. Transfer of rights and obligations
15.1 The contract between us binds both you and us and our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question.
16. Events outside our control
16.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a contract between us where such failure or delay is caused by events outside our control (“Force Majeure Event”).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
17. Waiver
A waiver by us of any of these terms of business shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
18. Severability
If the whole or any part of any provision of these terms of business is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms of business and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions.
19. Entire agreement
These terms of business and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20. Our right to vary these terms of business
20.1 We have the right to vary these terms of business from time to time and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and any changes to them.
20.2 You will be subject to the policies and terms of business in force at the time that you order Goods from us, unless any change to those policies or terms of business is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms of business before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Goods or you starting to use the Services).
21. Law and jurisdiction
Contracts for the purchase of Goods and/or Services through the Site will be governed by English law. Any dispute arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.