On completing an application form to become a member of X-Braand’s Added Value programme, the applicant will be deemed to have entered into an agreement with us.
The parties to the agreement are X-Braand Limited, and the Member.
The agreement is made on these Terms and Conditions immediately following and is governed by English law.
MEANINGS OF WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS.
‘You/Your/the member’ refers to the person joining the programme.
‘We’, 'us’, ‘X-Braand’ means X-Braand Limited, its assignees and its agents.
‘Membership’ refers to your affiliation to the programme upon acceptance of your application by us.
‘Programme’ refers to the Added Value programme.
‘Group’ refers to X-Braand and its associated companies.
‘UK’ refers to the United Kingdom.
'Competition' refers to any competitions, prize draws and games which X-Braand may run as part of the Added Value Programme.
'MonieOff Scheme refers to the scheme whereby Added Value Programme Members can obtain a cashback on specific goods and services
CONTACTING EACH OTHER.
We may contact you by post and telephone, mobile phone and computer, using the latest postal/e-mail address or telephone number you have given us.
It is the duty of members to notify us of any changes to the above details.
We may record or monitor telephone calls between us so that we can check instructions and make sure that we are meeting our service standards.
TERMINATION.
You may end this agreement and hence Membership at any time.
We reserve the right to terminate the Added Value programme at any time or to supplement, or amend the conditions surrounding the operation of the programme at any time.
ELIGIBILITY.
The Added Value programme is open to any individual aged 16 and over.
TERMS AND CONDITIONS.
We will not be liable for any equipment, system or power failure, strike or dispute, or any other circumstances affecting our obligations to you under these terms and conditions, where such matters are beyond our control.
It is the duty of the member to inform X-Braand of any change of address or contact details as well as matters which may affect the member’s eligibility to the programme.
You must not use this service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person assuming your rights as a member of the programme.
Being a member of the Added Value programme does not give the individual any rights or claims over the affairs/running of X-Braand Limited, and its Added Value programme.
On completing the application form for membership, or sending your details to us by e-mail, fax or text message, you agree that we may hold and process, by computer or otherwise, any information obtained about you as a consequence of doing so.
You also agree that:
We may include personal data about you in the X-Braand customer systems which may be accessed by other companies in the group, in order to identify products and services (including those supplied by third parties) which may be relevant to you and used by X-Braand to market such products and;
We may with your consent, permit other companies within the group to use personal data and any other information we hold about you in the X-Braand customer systems to bring to your attention products and services which may be of interest to you.
We will store and process information obtained by us or given by you in your dealings with us on X-Braand’s or its agents computers, and in any other way. This will be used by X-Braand and its agencies for assessment and analysis (including market and product analysis), so that we can develop, improve and market our services to you and other customers, as well as protect our interests.
We or our agents will inform you (by letter, telephone {including automated dialing}, computer), about products or services (including those of others) which may be of interest to you (although other members of the X-Braand group will only send marketing material to personal customers and individuals if we have their consent).
Members will consent to X-Braand obtaining relevant information about them from the preferred vendors.
X-Braand will disclose personal data outside of the group only:
For fraud prevention purposes;
Under a strict code of secrecy to sub-contractors or persons acting as X-Braand’s agents.
To any person who may assume X-Braand’s rights under this agreement; and
If we have a right or duty to disclose or are permitted or compelled to do so by law.
Otherwise we will keep any information about you confidential.
Neither X-Braand, its management nor employees shall be liable for any failings in the business operations of the preferred vendors on the programme or the companies/businesses supplying or providing the preferred vendors with goods and services. Failings in business in this sense includes but does not limit its meaning to, the failure by such companies/businesses to provide quality/un-defective goods and services to members of the public. Also, X-Braand is not a party to any contract /collateral contract for sale of any item through the programme. The sale of any item is a matter between the Seller (which is the company/business stated on the Actual receipt relating to the goods and services which have been provided to the Added Value programme member(s) and the Buyer (the Added Value Programme member) alone, and X-Braand makes no warranty regarding any item purchased or obtained through the programme.
Members consent to abide by the rules of any competition run by X-Braand as part of the Added Value Programme and will take X-Braand's decision as final on matters relating to the competition.
Neither this agreement nor any part or portion hereof may be assigned, sub-licensed or otherwise transferred by you. Should any provision of this agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure by X-Braand to enforce any provisions of this agreement does not constitute and should not be construed as a waiver of such provisions or of the right to enforce such provisions.