1. General

    1. This website is owned and operated by Reward Gateway (USA) Inc ("Reward Gateway (USA) Inc", "We", "Us").
    2. Capital Perks is an employee benefits service ('the Service') accessed using this website ("the Website"). The Service includes access and membership privileges of the Website. The Service enables users of Capital Perks ("You", "Your"), subject to certain conditions laid out in these terms and conditions, to obtain discounts, other benefits and/or collect Cashback points ("Cashback") when completing qualifying actions on an online retailer's or services provider's website ("Retailer") visited via hypertext links from Capital Perks or by other forms of take-up or communication as stated on individual offers. Where Cashback points are offered, Cashback points can later be converted into currency. The range of currency or Gift Cards that Cashback points can be converted to may be changed without notice.
    3. The Terms govern Your use of Capital Perks which is operated by Reward Gateway (USA) Inc. These Terms apply to offers that are listed on Capital Perks and on any associated communication, including but not limited to emails, SMS, printed brochures or other collateral.
    4. Please read through the Terms. If You do not agree with the Terms, do not use the Website. If You do use the Website, Your conduct indicates that You agree to be bound by the Terms. We may change these Terms at any time by posting changes online. Your continued use of the Website after changes are posted means You agree to be legally bound by these Terms as updated and/or amended.
    5. Your employer may also apply terms and conditions to Your use of the Capital Perks service and the Website - please ask Your employer for details.
    6. If You have any questions about these Terms please contact our Helpdesk by clicking the Help link on the Website.
    7. The Website complies with the appropriate United States legislation. Users of the Website and the Service provided are subject to these Terms. The Services on the Website are only available to United States residents.
    8. Some products and services available, as part of the Service, have extra conditions that apply in addition to these conditions: these will be displayed within the appropriate Retailer's web page and You should read these before You use the product/service in question. If there are any inconsistencies between these Terms and the Retailer's product/service conditions, the Retailer's product/service conditions will prevail. You may be required to register with the Retailer to enable You to access the retailer's website.
    9. Reward Gateway (USA) Inc provides You with the information and services on the Website for Your own use. You are not entitled to use or distribute the information on this site for any purpose other than for your own personal use in transacting with Retailers. Use of any content of the Website for any other purpose, including any commercial purpose whatsoever, is contrary to these terms and conditions. You must not display the contents of the Website in a frame surrounded in other material that Reward Gateway (USA) Inc has not originated.
  2. Modifications

    1. Reward Gateway (USA) Inc may modify the Service from time to time for any reason and without notice including the right to terminate all or part of the Services with or without notice without incurring any liability to You. We reserve the right to modify these Terms from time to time without notice by posting the amended terms and conditions on the Website. You agree to read these Terms from time to time so that You will be aware of any changes and Your continued use of the Website will mean that You agree to the changes made. If You do not agree to the changes, You should not use the Website any further.
  3. Website Content

    1. Reward Gateway (USA) Inc will try to ensure that the information that it provides on the Website is accurate and up-to-date.
    2. The Service provides access to Retailers, who will change from time to time, from which You may choose to purchase goods and services or engage in other online activity.
    3. Some information will be provided by, and be relevant to, the Retailers: Reward Gateway (USA) Inc does not accept any liability for any inaccuracies in this information or for any loss or damage You suffer in connection with or arising out of the information provided by Retailers. Some information will indicate that it is correct on the date of publication. When accessing this content, You accept that it may have become inaccurate since the date of publication and that You will not rely on it as being correct at the date that You access it.
    4. Where Reward Gateway (USA) Inc sources the information provided on the Website from Retailers, You are advised that the views expressed are those of the Retailer concerned, not those of Reward Gateway (USA) Inc. Reward Gateway (USA) Inc does not necessarily endorse those views. You are responsible for evaluating this information and for any decisions that You make as a result. Reward Gateway (USA) Inc excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and Reward Gateway (USA) Inc takes no responsibility for such material.
    5. We are not responsible for products or services provided by the Retailers, whether You access them on this site, or via links from the Website. We do not endorse these products or services. You are responsible for evaluating them. If You decide to buy any of these products or services, You do so at Your own risk. We are not a party to any dealings You have with third parties - these are Your responsibility, not those of Reward Gateway (USA) Inc.
    6. In the event that You purchase or obtain any goods or services from Retailers then the acquisition of such goods or services will be in accordance with the Retailers' terms and conditions and Reward Gateway (USA) Inc will have no liability to You in respect of the same.
    7. The Website contains links to other websites which are not under the control of and are not maintained by Reward Gateway (USA) Inc. Reward Gateway (USA) Inc is not responsible for the content of those websites. Reward Gateway (USA) Inc provides these links for Your convenience only but does not necessarily endorse the material on these sites. Retailers are listed for Your convenience. The listing of a Retailer should not be construed as a recommendation.
    8. If You enter into a contract with a Retailer listed on Capital Perks (such as a contract of sale), the contract shall exist only between You and the Retailer. In the event of a problem with the product or service that has been ordered all queries, except those relating to Cashback should be directed to the Retailer concerned.
  4. Cashback

    1. The tracking of Cashback relies on third party systems used by the Retailer over which We have no control. No liability will be accepted by Reward Gateway (USA) Inc for failure in the tracking process on third party systems.
    2. Cashback may be affected by certain settings or software products installed on a computer which prevent the Retailer from tracking Your actions. If a technical failure on the part of the Retailer, or an incompatibility with the settings on a computer, prevents the Retailer from tracking the qualifying action then We reserve the right not to allocate Cashback. We provide features on the Website for You to check that Your Cashback will be correctly tracked and it is Your responsibility to ensure that you have undertaken this test with a positive result.
    3. If You report to Reward Gateway (USA) Inc within 45 days of a qualifying action taking place that the action has not been reported by the Retailer then Reward Gateway (USA) Inc will contact the Retailer on Your behalf in order to try and recover the funds. In no circumstances should You contact the Retailer directly to try and obtain missing Cashback payments. Reward Gateway (USA) Inc may choose to make a goodwill payment in some circumstances but this is absolutely at Reward Gateway (USA) Inc's sole discretion. We are unable to pursue missing Cashback inquiries with the Retailer where more than 45 days has elapsed since the qualifying action. We cannot pursue missing Cashback inquiries with the Retailer without a valid order reference number.
    4. All Cashback payments are subject to Reward Gateway (USA) Inc receiving payment from the Retailer. Cashback in Your account has a nominal cash value of USD0.00001 for every USD1.00 of Cashback. When Reward Gateway (USA) Inc authorises a withdrawal request, Cashback will be converted into $ at the higher rate of USD0.01 of Cashback = USD0.01. A withdrawal will only be authorised once payment has been received by Reward Gateway (USA) Inc from the Retailer. Transactions where payment has been received can be clearly viewed as "Confirmed" on Your "My Account" tab. In some cases it may take up to 90 days to receive payment from the Retailer. Reward Gateway (USA) Inc will be unable to pursue the Retailer for payment where 90 days of a qualifying action taking place has not passed.
    5. Our discount codes work in conjunction with the Cashback offered on our site, but they won’t work with discount codes from other sources. If you do decide to use a discount code from another source, it’s unlikely we’ll be able to award you Cashback as the retailer will pay the Cashback to the site that you got the code from.
  5. Eligibility of Purchases For Cashback

    1. Unless otherwise stated, Cashback payments are only available on purchases completed online. No Cashback will be paid on phone or post orders. Orders placed online that are later completed or revised by phone are also not eligible for Cashback. In these circumstances You are advised to cancel the order and place a new order online.
    2. If You return an item, or cancel a subscription before Your obligations with the Retailer are complete then no Cashback will be awarded and Cashback already credited to Your account will be removed. Should You become aware of receiving a Cashback payment that You are not eligible to receive, You must inform Us by contacting the Helpdesk at the earliest opportunity so that the transaction can be removed.
    3. Cashback is only available from Retailers's websites that are visited directly via a hypertext link from Capital Perks. If You follow a hypertext link to one Retailer, then from that Retailer follow a hypertext link to another Retailer listed on Capital Perks, without visiting the second Retailer directly from the Website, Cashback will not be tracked or awarded.
    4. Cashback amounts are published for guidance purposes only. We reserve the right to change or withdraw Cashback rates at any time and without notice. Amendments will be posted to the Website. Current rates are displayed on the Website and are available by contacting the Helpdesk. It is Your responsibility to check current rates before making a purchase. We reserve the right to cancel or amend any Cashback that at Our sole discretion is deemed to have been awarded in error.
  6. Withdrawal of Cashback

    1. If due to technical, administrative or other error the Cashback balance of Your account exceeds the correct value then You must inform Us at the earliest opportunity. The status codes of Cashback payments in Your account are for guidance only and represent Reward Gateway (USA) Inc's best understanding of the status of the payment
    2. You are not permitted to request a withdrawal of funds gained from Cashback payments that You know You are not eligible to receive. Knowingly withdrawing ineligible funds constitutes fraud. Reward Gateway (USA) Inc reserves the right to take legal and/or other remedies to recover these payments.
  7. In-Store Offers

    1. We do not offer a returns service for gift cards or eGifts that are no longer required so please ensure that You only order the amount and type of gift cards and eGifts that You need.
    2. We are unable to accept returns or issue refunds for any reason including if a retailer has stopped accepting a particular voucher or ceased trading since the purchase was made. You should only order gift cards or eGifts that You intend to spend soon after receiving them.
    3. If You do not receive Your gift card, please ensure You contact the Helpdesk via Capital Perks within 10 working days of Your order so that We can investigate any lost or misplaced orders. We cannot guarantee a re-issue or refund of Your gift card outside of this 10 working day period.
    4. Discount rates, gift card availability and postage rates are subject to change at any time and without notice. Current information on gift cards, eGifts and available rates can be found on website before submitting an order. All orders are subject to fraud prevention and security checks. While We take all reasonable care to ensure that errors do not happen, we reserve the right to refuse an order where an error has occurred or for any other reason.
    5. Every effort is made to dispatch gift cards and eGifts as stated. Reward Gateway (USA) Inc is not, however, responsible for any loss, liability, claim, damage, expense or cost whether as a consequence of negligence or otherwise arising in connection with an order placed through Capital Perks.
    6. In the event of a failure to deliver gift cards in time for You to make use of them or to benefit from a planned purchase, we accept no liability should the Retailer revise their pricing prior to you receiving the gift cards.
    7. Refunds will only be given if a gift card or eGift is sent with the wrong value. In this case You need to submit an inquiry via the Helpdesk within 30 days of receipt.
    8. Gift cards are treated like cash and We cannot be held responsible for lost or stolen cards or for any unused amounts on those cards.
    9. We accept no liability for lost gift cards if You supply a delivery address which is incorrect, incomplete or not Your card billing address.
    10. The redemption of gift cards is governed by terms and conditions set out on the gift cards themselves or on the supplier's website. You should make Yourself aware of any restriction on the use or redemption of gift cards and eGifts before making your purchase as once You have purchased these We cannot refund them.
    11. The issuer of the gift cards will account for tax with respect to the gift card under applicable laws.
  8. Member Accounts

    1. Reward Gateway (USA) Inc reserves the right to close Your account if You are deemed, at Our sole discretion, to be attempting to earn Cashback by fraud, deception or any misuse of the Service or in any other unacceptable manner.
    2. Reward Gateway (USA) Inc reserves the right to close Your account if You do not visit the Website for a period of 12 months or more or if You leave the employment of the employer sponsoring the program. Once the closure process is complete You will no longer be able to claim Cashback.
    3. If You cease to be entitled to access the Service through a change in employment status, or for any other reason, then Your member account will be closed. You will have no less than 30 days from the date that Your entitlement ceased in order to claim Your Cashback. Access to Your account may be restricted within the 30 days, in which case You will need to contact Us using the Helpdesk in order to ask for payment.
  9. Intellectual Property

    1. The names, images and logos identifying Reward Gateway (USA) Inc, Capital Perks or Retailers and their products and services are subject to copyright, design rights and trade marks of the respective parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Reward Gateway (USA) Inc or Retailer. Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to Reward Gateway (USA) Inc.
    2. Unless otherwise specified, the authors of the literary and artistic works in the pages in this web ite have asserted their moral right to be identified as the author of those works.
    3. We reserve the right to terminate this agreement with You if You infringe third-party copyrights. If you believe that any material has been posted via the Website in a way that constitutes copyright infringement, you shall provide Us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) Your name and contact information, including telephone number and e-mail address; and (e) a statement by You that the above information in your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.

      Contact information for Reward Gateway (USA) Inc's DMCA Agent for notice of claims of copyright infringement is: Reward Gateway (USA) Inc Attn: Copyright Agent 8 East 41st Street, 6th Floor, New York, 10017 or email us on benefits@rewardgateway.com
  10. Limitation of Liability

    1. The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and You should not rely on any material in the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
    2. You are not entitled to reproduce, or redistribute any part of the content of the Website for any purpose whatsoever.
    3. EXCEPT AS REQUIRED BY APPLICABLE LAWS, IN NO EVENT SHALL Reward Gateway (USA) Inc, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE OR THESE TERMS OF USE. IN NO EVENT WILL Reward Gateway (USA) Inc’S LIABILITY IN CONNECTION WITH A GIFT CARD, EGIFT OR A PRODUCT OR SERVICE EXCEED YOUR CASHBACK BALANCE AT THE TIME SUCH LIABILITY ACCRUES.
    4. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER Reward Gateway (USA) Inc, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS OR DISCOUNTS PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Reward Gateway (USA) Inc HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE WEBSITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
  11. Breach of Terms

    1. If you breach these Terms and Reward Gateway (USA) Inc takes no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms. If We waive any right under these Terms on one occasion, such waiver shall not operate as a waiver as to any other occasion.
    2. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provision of these Terms shall not be affected.
    3. If You breach these Terms, We reserve the right to suspend Your account indefinitely and take such other action to protect our business and merchant suppliers as is reasonably necessary.
  12. Termination of Service

    1. We reserve the right to close or suspend the Service at any time. We will usually try to give 30 days notice of termination or suspension, in which case You will be notified that the Service is closing and You will have 30 days to continue to collect Cashback and request a withdrawal.
  13. Applicable Law and Entire Agreement

    1. Your use of the Service and these Terms shall be subject only to the laws of New York which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use, without regard to conflict of laws provisions. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    2. These Terms constitute the entire agreement between You and Reward Gateway (USA) Inc relating to the subject matter herein.
  14. Data Protection & Privacy

    1. Any details which You provide to Reward Gateway (USA) Inc from which We can identify You are held and processed in accordance with our Data Protection Notification.
    2. Personal information, including but not limited to profiles of users and retailer or service provider access patterns may be used by Us for the purposes of providing targeted offers and promotions to You both by tailoring of the online presence and also, where You have opted in to receive email & SMS marketing, by targeted email & SMS marketing.
    3. The fact of Your registration on Capital Perks will be made available to your employer. This information is limited to first and last name and, if relevant, unique identifier (such as your payroll number).
    4. Further details are set out in our Privacy Policy including details of how to obtain a copy of all personal information that we hold about you.
  15. Security

    1. Reward Gateway (USA) Inc is aware of Our obligations to protect your details.
    2. We have no access to credit or other financial details that You give to Retailers when making purchases. You should satisfy Yourself of a Retailer's security and authenticity before entering Your credit card or other financial details or passwords into any website, whether or not accessed via the Service. If you are ever unsure of a website's authenticity or security provision, you should not continue with Your transaction.
    3. You may choose to withdraw Cashback by requesting a bank transfer. To facilitate this you must provide Us with your relevant bank details. If You do not wish to supply Your bank details You may elect either to donate your Cashback to charity (if this option is available) or make gift card purchases from a limited number of retail stores to the value of your Cashback. A list of retail stores that accept Cashback voucher purchases can be found inside the Capital Perks site once you have registered.
  16. Our Details

    1. Reward Gateway (USA) Inc, 8 East 41st Street, 6th Floor, New York.

Updated August 2012


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