Terms and Conditions
Last Modified: May 29, 2019
Acceptance of Agreement
The Service is made available by the Company subject to your acceptance of this Agreement. Any reference in this Agreement to “Kerching and Win”, “Company”, “We”, “Us” or “Our” refers to Kerching and Win Ltd and any reference to You, Your or User, refers to you, a Website Visitor or Registered User.
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, AND THE COMPANY. BY CONTINUING TO USE THE WEBSITE, YOU REPRESENT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY IT.
Unless expressly stated otherwise any reference to the following terms shall hold the meaning as defined hereunder:
“Retailer/s” – refers to all participating businesses that are listed on the Website.
“Product/s” – refers to any product or service offered for sale or membership by Retailers listed on the Website.
“Customer/s” – refers to any registered Website User who makes a qualified purchase/transaction from a Retailer listed on the Website.
“Credits” – refers to points that a Customer earns for each qualified purchase/transaction from retailers listed on the Website. Please note that any purchase/transaction of less than £1.99 (excluding shipping and handling charges) does not earn any Credits.
“Qualified Purchase” or “Qualified Transaction” – refers to a purchase made by a Customer from a Retailer through their User Account on the Website provided that such purchase does not result in any cancellation or refund being issued by the Retailer to the Customer.
“Prize” – refers to tangible goods, as showcased on the Website, that a Customer stands a chance to win if they enter into a prize draw using their Credits.
“Prize draw” – refers to all prize draws on the Website that a Customer can enter using their available Credits.
“User” – refers to all website visitors and registered Website account holders.
“Services” – refers to the Website as well as the Services as defined in Article 5 below.
The Website is not available to Users who have previously been banned by the Company.
You must be a UK resident with a UK mainland Address.
To be eligible to use the Website, you must at the time of account registration:
- be at least eighteen (18) years of age or older;
- have the capacity and authority to enter into a legally binding agreement;
- agree to abide by all the provisions of this Agreement;
- agree not to violate any applicable laws or regulations;
- be a UK mainland resident;
IF YOU ARE UNDER THE AGE OF THIRTEEN (13) YEARS, YOU ARE EXPRESSLY FORBIDDEN FROM PROVIDING ANY PERSONAL INFORMATION TO US THROUGH OUR WEBSITE.
Affiliate Marketing Disclosure
We participant in various affiliate marketing programs that enable us to earn a small amount of revenue when you purchase a product from participating Retailers using our affiliate link. The affiliate links on our Website will redirect you to third-party websites that offer products which are neither owned nor controlled by us. When you click on these links, a cookie is placed on your browser to track any purchases that you make. We are unable to offer you any warranties of any nature whatsoever for any products that you purchase from these Retailers. Just as with any other purchase decision, in a different environment, you are advised to exercise your own best judgement when making any financial decisions to purchase any product. The Company will not assume any liability for any loss, damage or claim arising from the purchase of any products from Retailers listed on our Website.
The Company enables Customers to earn Credits when they make a qualified purchase from Retailers listed on our Website, and use these Credits to enter into prize draws on the Website.
Users can start by registering a free account on the Website as set out in article 6 of this Agreement. Once the user account registration is successfully completed, Users can log into their account and select the Retailer that they wish to purchase a product from and complete their qualified purchase. Once the transaction is complete, the Credits will appear in the Customer’s account within 5 days from the time of purchase. Please note that the number of Credits that a Customer receives for a specific transaction is determined independently by each Retailer and is visible to the Customer on our Website before they click the link to be redirected to the Retailer website. Where a Customer purchases a monthly or annual subscription from a Retailer with recurring payments, the Customer will only be eligible to receive Credits on the first payment the Customer makes. Any subsequent subscription payments will not result in of any Credits.
Please note that we are unable to issue Credits for any transactions that are not completed through the Website. If you wish to reserve and collect an item, you understand and agree that we can only offer you a Credit if the product was paid for by signing into your Website Account.
Rules of Participation in Prize Draw
Entering the Prize Draw
To enter a Prize Draw, you must be signed into your account. You can use your current Credits to enter any Prize Draw of your choice by visiting the Prize Draw page on the Website. Once you have successfully entered a Prize Draw, we will send you an email to confirm entry.
Results of Prize Draw
Prize Draw results are announced after the draw expires. Most Prize Draws are active for seven days. Once the draw expires, you will be notified by email. The results are usually announced every Saturday. However, we encourage you to be proactive and log into your user account to view the status of your current entries and to ensure that you claim your Prize within the claim period.
Please note that we reserve the right to withdraw a Prize in the event a Retailer declines the transaction. This would usually occur in the event where you returned an item/requested a refund for the purchase or otherwise cancelled the transaction.
Claiming your Prize
All Prizes must be claimed within seven calendar days from the date of Prize Draw result. We will notify the winners by email and request them to check their account. Please note that if you do not claim your prize within the allocated claim period, you waive your right to claim the prize at a later stage. To claim your Prize, you will be required to provide us with your contact details and delivery address.
You are only eligible to receive the Prize that you win. We do not offer any substitute for Prizes such cash, vouchers or alternative products.
Delivery of your Prize
All Prizes will be shipped to the shipping address provided by the Winner at the time when they claim the Prize. The title and the risk passes to the Customer upon delivery of the Prize. All Prizes will be dispatched within 40 days from the date of results. We are unable to assume any responsibility for any delay in delivery.
We only ship to mainland UK. In the event that a UK mainland address cannot be provided within 7 days of winning, we reserve the right to withdraw the Prize in question.
If you are the Winner of a Prize Draw but a Retailer declines your transaction we will investigate the issue. If our investigation reveals that your transaction was declined due to no fault on your part, we will honour the Prize Draw result and send you the Prize regardless of the incomplete transaction.
ALL PURCHASES MADE BY A CUSTOMER USING A RETAILER LINK ON THE WEBSITE ARE GOVERNED BY RETAILER’S OWN TERMS AND CONDITIONS. IT IS SOLELY THE CUSTOMER’S RESPONSIBILITY TO REVIEW THE RETAILER’S TERMS PRIOR TO MAKING ANY PURCHASE. THE COMPANY WILL NOT BE A PARTY TO ANY SALE/PURCHASE AGREEMENTS BETWEEN THE RETAILER AND THE CUSTOMER. UNDER NO CIRCUMSTANCE WILL THE COMPANY BE A PARTY TO ANY DISPUTES BETWEEN THE CUSTOMER AND THE RETAILER ARISING FROM ANY SALE/PURCHASE AGREEMENT.
The Company only enables Customers to find Retailers and earn Credits which they can use to participate in Prize Draws on the Website. The Company is not responsible for the accuracy of the information as described by Retailers on their Website or for any loss or damage suffered by a Customer as a result of a purchase of any product from the Retailer. We do not control the quality, legality, or timely delivery of any products offered by any Retailer listed on our Website. The Company cannot be held liable for any misrepresentation by any Retailer or for any actions or omissions whatsoever of any Retailer. ACCORDINGLY, ANY DECISION TO USE THE SERVICE WILL BE MADE BY CUSTOMERS AT THEIR OWN RISK.
ANY CONTENT OR INFORMATION INCLUDING ANY RETAILER PROFILE INFORMATION ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE VIEWED AS AN ENDORSEMENT BY THE COMPANY.
Replacements and Warranties
It is solely your responsibility to carefully inspect the Prize and ensure that it is in good working condition before you accept delivery. If at the time of delivery you discover that the Prize is not in good working condition, you must refuse delivery and contact the Company within 24 hours at firstname.lastname@example.org. We will make our best effort to send you a replacement Prize after we receive the refused delivery Prize.
Your acceptance of the Prize delivery is deemed to be an acknowledgment of the Prize being in good working condition. If you discover any faults with the Prize after you accept delivery, you must notify the Company within 24 hours of accepting delivery. Please note that you will be required to provide the Company with a detailed description of the fault as well as clear pictures and/or videos of the fault by email at email@example.com.
After you receive a confirmation email from the Company, you will be expected to ship the defective Prize back.
You will become liable for return shipping costs for sending the Prize back to the Company.
Please note that you can only return a Prize for a replacement if the following conditions are met:
- You won the Prize that you wish to return through www.kerchingandwin.co.uk;
- You have received an email confirmation from the Company approving your replacement request;
- The returned Prize must be in its original packaging, not damaged in your care and must include all original items such as any accessories, manuals, tags, etc.;
- The return shipment must be securely packaged to prevent any damage to the Prize during shipping.
After we receive the returned Prize, we will inspect it to ensure that it complies with the aforementioned conditions. We reserve the right to refuse any replacement Prize where we are of the view that the Prize was damaged in your care.
Any defect claims and replacement requests received by the Company after the 24 hours has lapsed will be disregarded.
Apart from the manufacturer’s warranty offered by the manufacturer, the Company does not offer any warranties for any Prizes won through the Website. If you have any issues, claims, or questions regarding a Prize warranty, you should direct them to the manufacturer.
Account Set-up and Security
To create a User account, you will be required to provide us with all requested personal information. You agree that you will only provide us with true and current information when registering your User account. In the event of any material change in your personal information, you should immediately notify us at firstname.lastname@example.org with the words “Account details” in the subject line. Please note that the Company only allows one account per person. You may not create multiple user accounts using different personal information as it will be a material breach of this Agreement.
Please note that we reserve the right to refuse registration of a User account in our sole discretion without providing any reasons. You agree to keep your login credentials confidential, and you accept that you are solely responsible for any activity that occurs under your account. Please do not use another User’s account without their express consent. If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us at email@example.com.
Termination by User
You may terminate your User account at any time by accessing the account settings or by contacting us at firstname.lastname@example.org with the words ‘account termination’ in the subject line. Please take note that all your data including any Credits in your account will be permanently removed upon deletion of your account. You will not be able to reactivate your account at a later stage after you have deleted it however you will be able to create a new account.
Termination by Company
The Company reserves the right to terminate this Agreement or your access to the Website at any time without giving any notice to you if we find that:
- You have violated the terms of this Agreement;
- You have violated any applicable laws;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
If you have been previously banned from using the Service or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
- Creating a new account with different sign-up information;
- Try to acquire access to another User’s account;
- Try to gain access to the Service through any other unauthorised mechanism.
Third-party Website Links
All content made available by the Company through the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, its participating Retailers and other licensors reserve ownership and copyright in their respective intellectual property published on the Website.
Unless expressly stated otherwise, you agree not to reproduce any Company Content without the express written consent of the Company and/or its Licensors. Any unauthorised use of the Company Content may result in suspension or termination of your User Account and forfeiture of any credits in your user account.
Any use of our proprietary trademark for any product or service that is not owned or operated by us is strictly prohibited. Any trademark that appears on the Website but which is not owned by the Company is the intellectual property or such trademark owner.
The Company reserves the right to add new features to the Website, amend any provision of this Agreement as well as the right to discontinue the service in our sole discretion. Any changes in Website features will become effective from the date of implementation. When we make any amendments to this Agreement, we will amend the last updated date on the top of this Agreement which will qualify as notice to our Users. However, if we make any amendments to this Agreement that materially impact your rights and obligations, we will notify you of such changes by sending you a policy update email before such amended agreement becomes effective. It is solely your responsibility to review these Terms and only use the Service if you agree with all the provisions of this Agreement.
If you encounter any issues during your use of our Service, you can contact our support team by sending an email at email@example.com. Please note that it can take up to 48 hours for your purchase Credits to appear in your User Account. If the 48 hour period has lapsed and the Credits are still not appearing in your account, please contact us at the email provided above with a detailed description of the transaction, including the Retailer you purchased the product from as well as the date and time of your transaction.
Disclaimer of Warranties
The Website and Service is provided to you on an “AS-IS” and “AS AVAILABLE” basis and the Company expressly disclaims all warranties of any kind, expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and satisfactory quality. The Company disclaims all warranties that the Website/Service will be uninterrupted, error-free or secure; that any defects will be corrected; or any specific results from the use of the Website/Service.
The Company assumes no liability for:
- errors, omissions, or inaccuracies in any Content on the Website;
- Any misrepresentation by any Retailer of any nature;
- any unauthorised access to or use of our Service;
- any loss or damage of any kind incurred as a result of your use of the Service, whether based on contract, tort, or any other legal theory.
ACCORDINGLY YOUR DECISION TO USE THE WEBSITE/SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, LOSS OF ANY DATA OR DAMAGE TO YOUR COMPUTER. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, ARISING FROM OR ASSOCIATED WITH THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PROVISION OF THIS AGREEMENT, YOUR SOLE REMEDY IS TO CEASE THE USE OF THE SERVICE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR LINKED TO THIS AGREEMENT SHALL EXCEED TEN POUNDS (£10)
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your account, of any third-party’s rights.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English Law. The Company and the User hereby irrevocably submit to the exclusive jurisdiction of the courts of England to settle any disputes arising out of or linked with this Agreement.
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.