Terms of Services - Cleever Shoppers

CLEEVER TERMS OF MEMBERSHIP AND CLEEVER MEMBERSHIP AGREEMENT.

Please read these terms of service (“terms”, “terms of service”) carefully before using our Service (as defined below) operated by Processing Technology Limited, under its trademark Cleever (the “Company”, “us”, “we”, “our”).

The use of our Service is subject to the terms of this agreement at all times, together with the additional terms and information contained in:

Our Privacy Policy, which sets the terms on which we process any personal data we collect from you, or that you provide to us. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted use and prohibited uses of our Service. When using our Service, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our site.

Together, these documents form your agreement (the “Agreement”) with us. By using our Service, you confirm that you agree with and accept these terms of service. If you do not agree to these terms, you must not use our Service.

Definition:

Member: an individual who has entered into the Agreement with the Company for the purposes of purchasing the Service.
Membership fees: as defined in section 7.
Cleever Checkout Service: a payment technology service provided by the Company to Retailers.
Retailer: a company or other business to which the Company provides the Cleever Checkout Service.
Service: the service supplied by the Company to a Member consisting of a promise to make certain payment of money on the terms and conditions set out in the Agreement for the benefit of a Member.

Cleever service description

The Company operates a membership programme (the “Membership” and the “Programme”), under which the Company, in consideration for the Membership Fee, makes a promise to each Member to pay for the benefit of such Member a fixed amount of money (on the terms and conditions set out herein).

How Cleever works – the Promise

When purchasing goods or service from a Retailer, an individual customer will be offered at the point of “checkout” to pay using the Cleever Checkout Service. At checkout, when clicking on the link representing the Cleever Checkout Service to pay for their purchase, that individual customer will be offered the opportunity to become a Member.

A Member will pay the Membership Fee as consideration for the Company’s promise that on each occasion when the Member places an order with a Retailer, the Company will pay a sum of money for the benefit of the Member to be used by that Member exclusively towards that Member’s payment of the consideration for that Member’s order (the “Promise”).

On each call by a Member on the Promise, the payment by the Company shall amount to a fixed amount of £5 for the benefit of the Member.

We reserve the right to change the amount payable by the Company on each occasion a Member calls on the Promise and will give you 30 days advance notice before doing so.

Members are not allowed to transfer their rights under the Agreement to any other person.

During the trial period, a Member can only call upon the Promise for the Company to pay a total aggregate amount of not more than £25.00.

After the trial period, and subject to the effective payment of the Membership Fee, Members can call upon the Company’s Promise to pay, an unlimited number of times, but always subject to the Acceptable Use Policy.

In the event of fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your Membership.

A Promise can only be called, and the Company can only be held liable to fulfil the Promise to pay, where a Member has made a successful purchase with a Retailer, in relation to which the Retailer has utilised the Cleever Checkout Service.

When called, the amount representing the Promise will be deducted from the total amount due from the Member to the Retailer at the point of checkout in respect of the purchase, reducing the total price to be paid by the Member to the Retailer.

The Member hereby agrees and authorizes the Company to pay the amount representing the Promise directly to the Retailer with whom the purchase order was processed, on behalf of the Member.

The Company hereby confirms and the Member agrees that the Promise is not and does not represent the issue of a voucher provided by or redeemable with the Company or any Retailer.

A Promise cannot be called, and Cleever will not be deemed liable for a Promise to pay if:

The effective payment of the purchase order on which the Promise
Purchase orders made with the intent to be cancelled after.
Purchase orders refund

Cleever Payment Protection

Cleever will issue a full refund in the event of an unauthorised card transaction on one of Cleever’s current merchant partners for Cleever members. Members won’t be held liable for unauthorised purchases on Cleever’s retail network made from the card registered under the member’s membership account. Cleever will refund the total price of the purchase and shipping costs in the instance this happens.

Cleever Payment Protection is subject to change without notice. Cleever reserves the right to deny a claim to prevent fraud or abuse, or to ensure the integrity of the Cleever website.

To make a claim, please contact Cleever to shopper@cleever.com.

Cleever Best Price Guarantee

Cleever members are given 100% of the price difference and shipping costs under the Cleever Best Price Protection.

Guidelines are as follows:

The item is a product bought within the Cleever network. It has to be brand new and still unopened;
The claim is made by a Cleever active member that has paid his membership on time , has not cancelled their membership and made their purchase using the £5 discount.
The Cleever member makes a claim under the Cleever Best Price Protection up to 30 days after the purchase of a qualifying product on the Cleever network;
The product is sold on a Cleever retail partner website at a lower price than the same item in question;
A Cleever customer service employee will make sure that the two same products are sold on the Cleever retail network, in brand new condition and are the same products from a universal product identifier point of view. Both have to be in stock and available on the two websites;
The price difference between the 2 products will not exceed more than £500;
A member can only price match one item per week;

Not covered:

Refurbished, opened and non packaged products.
Products outside of the Cleever retailer network.
Prices on after applicable rebates, free offers, coupons, or one-time-only discounts from an Approved Competitor’s website, or specific offers based on group pricing, volume, or lot promotions.
Purchases during the weeks of Cyber Monday, Black Friday, Thanksgiving and any solded items.
Items in the following categories: motors, gift cards.

Cleever Best Price Protection is subject to change without notice. Cleever reserves the right to deny a claim to prevent fraud or abuse, or to ensure the integrity of the Cleever website. The Cleever Best Price Protection has a quantity limit of one claim per user per week. Cleever provides all rights if the shopper or merchant, individually or in consultation with others, attempts to circumvent these Terms of Use, commit fraud, or abuse the Best Price Guarantee protection.

To make a claim, please contact Cleever to shopper@cleever.com. Please attach the following information for the claim to be handled more efficiently: your order details, the name and link of the “better price” website, link or picture of the amount quoted for the same product, any relevant files or additional information.

Trial period

The Membership is offered with a trial period. During the trial period, a Member can cancel its Membership at any time, as described in section 10. We reserve the right to increase or decrease the length of the trial period.

Minimum purchase amount

To be able to call on the Promise in relation to any order placed with a Retailer, the Member must make a minimum purchase of £10 with a Retailer. The minimum amount excludes any applicable taxes (including, for the avoidance of doubt value added taxes). Minimum purchase amounts are subject to change without notice.

Express checkout

Cleever provides the Cleever Checkout Service to Retailers. To operate our express checkout, Cleever stores your personal information and payment method, in a secured environment. Members are responsible to ensure that all information populated during the enrolment process is correct before you submit an order. Cleever is not responsible for any problems or loss in connection with ordering from any Retailer resulting from incorrect or out of date account information provided to us. By joining our Cleever Membership Programme, you agree to have any such information stored.

Cleever membership and usage

By joining the Cleever Membership Programme, you confirm that you are UK resident aged 18 or over and legally able to enter into a binding contract.
One Membership is allowed for each individual Member at any given time.
Each Member agrees that the Service may only be used for his/her own personal benefit and is subject to our Acceptable Use Policy.
The legal owner of the email address used to sign up to the Service is deemed the account owner. Any Promise called upon by a third party using the account will be credited back to the Company using the payment method recorded during the enrolment process.

Cleever membership fee

The Membership Fee will be charged on an annual basis (unless stated otherwise during the enrolment process). The payment of your Membership Fee is charged automatically, as authorised by you, on the payment method used during the enrolment process, unless the agreement is cancelled or terminated by the Company. We reserve the right to increase or decrease the membership fee for each renewal term effective at renewal of your Membership and will give you a 30 days advance notice before doing so.

Cleever membership renewal

Cleever Membership will automatically renew each year for annual memberships, unless your Cleever Membership has been cancelled or terminated. You authorise us to charge the renewal membership fee on the payment method during enrolment. We reserve the right to change the frequency of your Cleever Membership Fee, and will give you 30 days advance notice before doing so.

Cancellation and termination

Cancellation or termination by the Member:

You can cancel your membership at any time, and without having to justify the reason. You can cancel your membership simply by requesting it using the following ways:
- By requesting it on our website via our online cancellation service available at www.cleever-checkout.com/shopper/unsubscribe
- By email at contact@cleever.com
- By chat with our Customer Service representative at www.cleever-checkout.com
In the event of a cancellation, Member will continue to have access to the Service until the end of his membership period.

Cancellation or termination by Cleever:

Cleever keeps the right to terminate your membership at any time, without having to justify the reason.
In the event of a fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your account. Unfair Cleever usage includes, but is not limited to, doing multiple purchase on the same website on the same day to cumulate multiple discounts for an order which could have been made as one.

Refund policy

All fees are non-refundable.

Liability

We will exercise reasonable care and skill in performing our obligations to you but we do not guarantee that the Service will meet your requirements.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to clause b., we do not accept any responsibility or liability for any loss or damage you may incur:
- for any loss of revenue, business, anticipated savings or profits;
- any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;
- resulting from any transaction via the Site with any retailer;
- in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
- arising from an inability to access our Site, from any use of the Site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
- in connection with any voucher codes that you obtain via our Site.
Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Promises called upon by you and other benefits you received during the previous 12 month period from when a claim is brought.
Except as expressly stated elsewhere in these terms, all representations, warranties, conditions and other terms whether express or implied are hereby excluded to the fullest extent permitted by law.

Governing law and disputes

The Agreement and the Terms of Cleever Membership shall be governed and construed in accordance with English Law.

Data protection

Your personal details will be held by us and used by us for Cleever Membership administration. We may also contact you regarding offers and rewards from Cleever partners for you to get the most value out of your membership. We will only disclose your details to any people involved with the processing of the Cleever Membership services. We shall always require the recipients of your information to keep it confidential and not to disclose to any unauthorised parties. Further details can be found within our Privacy Policy. By becoming a Cleever Member you expressly consent to this.

Reservation of rights

We reserve the right to eliminate, add, change and substitute benefits and vendors without notice. We further reserve the right to change the terms and conditions of this agreement and any Cleever Membership policies at any time without prior notice.

Fraud preventions

We reserve the right to investigate any transactions that you make using our Service. If we believe that abuse or suspect any fraudulent usage of our Service, we reserve the right to terminate your Membership and shall forfeit all future usage of our Service