Membership Terms of Service
Last modified date: November 10th, 2011
THIS MEMBERSHIP AGREEMENT for My Time Rewards (the "Agreement") is made
between Webloyalty International Limited, a company incorporated in England and Wales
(Company No. 05922626) with its registered office at Webloyalty International Limited,Sentinel House Airspeed Road Portsmouth, Hampshire PO3 5RF
("WL") and the person specified on the "Member Profile" of this website (the "Member") with respect to Member's participation in My Time Rewards (the "Service"). Webloyalty reserves the right, at its sole discretion, to refuse
any person from becoming a Member.
The Service consists of WL making available to Member a portfolio of
benefits from third party suppliers that are designed to make the Member's
dining, leisure and entertainment
experiences more attractive. Benefits of the Service are always subject to
availability and subject to change without notice. Member may contact the "Customer
Service Department" through the electronic mail address or the free phone number that
appears on the My Time Rewards website in order to check whether a particular benefit is
available at that time. WL may revise these Terms of Service from time to time. WL will
notify Member by web notice or email if revised Terms of Service apply. Members are
encouraged to read any revised Terms of Service.
WL agrees to make the Service available to the Member for the term
of this Agreement. WL will endeavour to make the Service available through the website 24
hours a day, 7 days a week. However, there may be times when WL is unable to make the
Service available for technical, operational reasons, such as scheduled maintenance
shutdowns, or for other commercial reasons. Membership in the Service is not transferable.
Member agrees that the Services may only be used for his/her own personal benefit. Any
printed material and software provided by WL is (as between WL and Member) the exclusive
property of WL. Member is responsible for his or her use of this Service and will promptly
notify WL of any unauthorised use of the Service. Member agrees not to publish, retransmit,
broadcast or otherwise reproduce in any medium any information or software that is made
available as part of the Service other than for the purpose of receiving the Service. In order
to use the Service and to qualify for any benefit associated with the Service, Member must
be 18 years or older and a resident of the United Kingdom Members may join this Service
through a single retailer and may not accumulate benefits and/or cash back premiums
through different retailers. Any individual may only hold one membership in this Service at a
Member acknowledges that use of any particular benefit may be subject to additional terms
and conditions ("Product Specific Terms of Service") and information in the Frequently Asked
Questions ("Product Specific FAQs") that Member will be required to agree to prior to the
provision of, or access to, any such benefit. Member's use of the Service requires a user
name and password to gain access to and use of the Service. Member agrees to keep
Member's user name and password private so that it cannot be used by any other person.
WL will not be liable for any damages, losses or expenses suffered by Member or any third
party as a result of any unauthorised person gaining access to any of the "Member only"
areas where WL is not at fault.
Please note that [Webloyalty is/we are] not responsible for making any payment or other
settlement in respect of a claim but only for making a claim under the relevant insurance
policy if you request us to do so in accordance with this procedure.
Where any benefits relate to event booking, hotel reservation,
hotel fire and theft, journey delay, delayed, lost and damaged baggage,
lost and damaged baggage protection or other protection of Members WL may in relation to such protection either
use reasonable endeavours to take out insurance in its own name with a
third party insurer and allow members to benefit indirectly from such insurance
and claims made by WL under it (in which case WL shall be the sole
policyholder and person entitled to claim and any initiation of a claim by
the Member shall operate as a request to WL to make such a claim) or use reasonable endeavours to take out insurance under which Members
are also beneficiaries (in which case any claim shall be made by the Member).
WL shall not be responsible for providing that protection or making any payment
or providing services to the Member in relation to it and the Member shall have
sole responsibility for making disclosure of all relevant information
and providing supporting documentation and evidence in relation to any claim.
Member will be charged a monthly, bi-monthly (every two months),
quarterly or annual membership fee. The amount of this fee and its frequency is explained to
Member at the time that Member joins My Time Rewards (the "Membership Fee"). The
Membership Fee will be billed automatically to Member's designated payment vehicle, which
may include credit or debit card, ISP account, DDA account, debit account, mortgage
account, and/or other or charge account(each a "Billing Device") during the initial
membership term and each renewal term. WL may from time to time change the
Membership Fee during any renewal term (but will not change the Membership Fee in
relation to the initial term). Member will be notified at least twenty eight (28) days in advance
of any revised charge applying.
This Agreement will commence immediately on Member joining My Time Rewards
and will conclude on the first day of the month following the Member's respective current
term (monthly, bi-monthly, quarterly or annual as applicable) or following the Member's
respective current term after the end of the Member's trial period, if such a trial period exists,
until terminated as provided in Section 6. by either party.. Any time-related restrictions on
benefits will be calculated from Member's join date.
Unless Member notifies WL of his/her intention not to renew and/or to cancel as
set forth in Section 7, the membership and this Agreement will be renewed automatically,
effective the first day following the conclusion of the then-current term. Member authorises
WL to bill the membership fee for each renewal term to the most current Billing Device which
WL has in its files for Member.
WL has the right to terminate an individual's membership in the Service at
any time for any reason and in such event WL will refund to the Member the pro-rata amount
of the Membership Fee paid for the then-current term (monthly, bi-monthly, quarterly, annual,
or as appropriate). Moreover, WL has the right to terminate this Agreement if Member
provided an invalid Billing Device at the time that he/she signed up. An invalid Billing Device
may include a lost or stolen card; a card that is not billable (a closed account or an account
over its spending limit, for example); or an invalid account number. A Member has the right
to terminate his/her membership at any time for any reason by providing notice to WL. Such
notice may be provided as follows: oral notice to WL's customer service department, in
writing in a letter (offline) to the customer service department, in writing via email to the
customer service department, via an online cancel centre (if available through the Member
profile area of the Site) and/or via an interactive voice response unit (if available via
The cancelling Member has the option to request a pro-rata refund of the amount of the
Membership Fee paid for the then-current term and immediately discontinue use of or
receive any benefits of the Service; or the Member will be entitled to use any benefits of the
Service for the remainder of the then-current term, owe nothing further and will not receive a
refund of the amount of the Membership Fee paid for the then-current term. The refund of
the Membership Fee, if any, will be made by WL by (1) crediting the cancelling Member's
Billing Device to which Member's initial Membership Fee was billed or to the current Billing
Device that WL has in its files for Member or (2) issuing, or having issued, a cheque and
mailing it to the address indicated in the records from which the Member is billed. A
cancelling Member choosing to receive a refund will not receive or be entitled to use any
benefits or discounts of the service after the cancellation date. A cancelling member is
prohibited from re-enrolling in the service for at least six (6) months.
Member acknowledges that while
WL may be the provider of some Services, some Services are provided directly by third party
suppliers (each a "Supplier") to Member. Member acknowledges that, in such
circumstances, WL has no control over the quality, safety or legality of services advertised by
Suppliers, the truth or accuracy of the listings or the ability of Suppliers to sell services and
that orders placed by Members through the Service and communicated to Suppliers are
offers by Members to purchase services from such Suppliers. WL cannot and does not
control whether or not Suppliers will accept such offers or complete the sale of services they
offer. With respect to services provided by Suppliers, WL will have no liability to Member
arising out of: (i) the failure of any participating Supplier of any services to supply any such
services on the terms offered; (ii) any delay in delivery of any services, regardless of the
cause of such delay, or (iii) any defective or non-conforming services.
Member expressly agrees that use of the Service, and any product or service acquired
through the Service, is at its sole risk and that the Service is provided on an "as is" and "as
WL makes no representation or warranty whatsoever, express or implied, with respect to the
Service, including that the Service will meet Member's requirements, or that Member's
access to the Service will be uninterrupted, timely, secure or error-free and WL provides no
express or implied representations, warranties or conditions of participating merchants,
ability or fitness for a particular purpose whether arising by usage of trade, course of dealing,
course of performance or otherwise.
Member acknowledges and agrees that other than as expressly set forth in this Agreement
there are, with respect to services, no express or implied representations, warranties or
conditions of retailer ability, fitness for a particular purpose, whether arising by usage of
trade, course of dealing, course of performance or otherwise. Member acknowledges that
he/she is not relying on WL's skill or judgment in selecting the Services available to the
WL will not in any circumstance in any connection with this Agreement, including with respect
to any services, be liable for any special, punitive, consequential, incidental or any other
indirect damages whatsoever, nor for any loss of profits or revenue (whether direct or
indirect), legal fees or costs or any other economic loss whatsoever, however caused and
whether or not foreseeable, or for contribution or indemnity in respect thereof, even if WL
has been informed in advance or ought reasonably to have known of the potential for such
The entire liability of WL, including awarded legal fees and costs, and the exclusive recourse
of the Member, in the event of any claim(s) for which WL may properly be held liable under
and in any connection with this Agreement, regardless of the form of action or basis of
liability (including statue, contract, tort, negligence, gross negligence, strict liability, breach of
a fundamental term), shall, except to the extent expressly stated otherwise in any applicable
Product Specific Terms of Service or Product Specific FAQs, be limited in the aggregate
(regardless of the number of claims) to the actual proven direct damages suffered by the
Member and shall not exceed the Membership Fees paid. No legal action or proceeding
arising out of this Agreement, regardless of form or basis in law, may be brought by the
member against WL more than twelve (12) months after the Member becomes aware of the
facts giving rise to the cause of action or ought to have become aware of such facts giving
rise to the cause of action. The limitation of liability provisions of this Agreement reflect an
informed voluntary allocation of the risks (known and unknown) that may exist in connection
with the performance by WL of its obligations and responsibilities hereunder and such
voluntary risk allocation represents a material part of the agreement reached between the
Member and WL in respect of the Service.
Member hereby authorises WL to deliver any and all communications
("Communications"), including but not limited to membership information, procedures on use
of the Service, changes in Service benefits, and change in fee to Member's electronic mail
address or mailing address at WL's discretion. Member further authorises WL to deliver any
Communication by sending in lieu of such Communication (the "Underlying
Communication"), a notice that directs Member to an address on the World Wide Web
("Web") where the Underlying Communication is posted. Member agrees that the sending of
a notice of delivery by Web posting shall constitute delivery whether or not Member actually
accesses the Underlying Communication via the Web. Member agrees that he/she will not,
for any reason, alter any Communication delivered electronically or otherwise. WL does not
guarantee Web access, however WL offers Member various ways of communicating with its
customer service staff.
All sales, use and withholding taxes and duties, if any, due and payable on the
Service or any benefit will be paid by Member or the Supplier, as the case may be, and WL
will have no liability for such taxes. However, if WL or any authority determines at any time
that it is necessary for WL to collect such taxes or duties, Member authorises WL to bill the
amount of such taxes and duties, including back taxes and duties, to Member's most current
Billing Device which WL has in its files for Member.
In order to provide the Service to Member, WL must collect and use and, in some cases provide to
third parties, certain personal information provided by Member. We may also disclose your personal
information to the marketing partner that provided you with details of our offer to enable them to
track the offer that you accepted from us. Member hereby consents to the collection, use and disclosure
of such personal information in accordance with and subject to the terms of WL's
By becoming a member of the Service I agree to Webloyalty requesting and
obtaining my updated card / account information and related data from my
nominated account provider or card issuer from time to time for the purpose
of billing my account for membership fees.
This Agreement, any Product Specific Terms of Service, any Product
Specific FAQs, the Offer Details and any documents referred to in any of these documents,
constitute the entire understanding and agreement of the parties with respect to the subject
matter hereof and will supersede any and all prior oral or written communications,
representations or agreements, other than with respect to the initial Membership Fee and
membership term to which Member agreed at the time of his or her enrolment. Nothing in
this Agreement is intended to exclude liability for fraud or fraudulent misrepresentation.
If any of the terms or provisions of the Terms of Service, Product Specific Terms of
Service and/or the applicable Product Specific FAQs hereof will be held to be invalid or
unenforceable, the remaining terms and provisions hereof will not be affected thereby. WL's
failure to insist upon or enforce strict performance of any right or provision of this Agreement
shall not constitute or be construed as a waiver of any right or provision.
Member must notify WL of any change to his/her address, electronic mail address
and/or Billing Device. The address, electronic mail address and the free phone number for
the Service's Customer Service Department are available on the Web site.
This Agreement may be assigned in whole or in part by WL at any time in its discretion. This Agreement may not be assigned by Member.
This Agreement including these Terms of Services, Product
Specific Terms of Service and the applicable Product Specific FAQs, will be governed by and
construed in accordance with the laws of England and Wales. Member agrees to settle any
disputes regarding Supplier products directly with the applicable Supplier and not involve WL
in a dispute between Member and a Supplier. With respect to any disputes between WL and
Member concerning the Service or any WL supplied services, or with respect to disputes
involving all of WL, Member and a Supplier, WL and Member hereby agree to irrevocably
submit to the resolution of any such dispute to binding arbitration in London administered by
the London Court of International Arbitration ("LCIA") under the LCIA Rules then in effect.
Nothing herein will deprive Member of the benefits of any applicable consumer protection
laws, except to the extent lawfully excluded or waived by the terms hereof. Payment of the
Membership Fee or acceptance or use of any of the benefits or services of the Service will
constitute the Member's acceptance of all of the terms and conditions of this Agreement.
The parties hereto have requested that this Agreement and all
correspondence and all documentation respecting this Agreement be
written in the English language.
This Agreement does not confer any rights on any person or party (other than WL and the Member) under the Contracts (Rights of Third Parties) Act 1999.
Any omission to exercise, or delay in exercising, any right or remedy under this Agreement
shall not constitute a waiver of that, or any other, right or remedy. The waiver by any party to
this Agreement of any of its rights or remedies arising under this Agreement or by law shall
not constitute a continuing waiver of that right or remedy or a waiver of any other right or
This Service is provided by Webloyalty International Limited.