Terms and Conditions

1. Key definitions

1.1 "Platform" is the proprietary online platform (or app) provided by Whitelabel Partners Limited to allow the customer to provide employee benefits to employees, also referred to as Reward the Staff

1.2 "Employees" means employees of the customer who are registered on the platform

1.3 "Intellectual Property Rights" all copyright and other Intellectual Property Rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade names, trademarks, service marks, database rights, design rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world

1.4 "Commission" means the amount of money the merchants pay on purchases

1.5 "Cashback" means the amount of money offered to members for using making purchases after referral from the platform

1.6 "Referral bonus" is an incentive amount paid to members for referring other members

1.7 Words importing the singular shall include the plural and vice versa, words importing any gender shall include all other genders, words importing persons shall include bodies corporate, unincorporated associations and partnerships and vice versa and references to the whole shall include the part and vice versa

2. Purpose

2.1 We will make the Reward the Staff employee discount scheme available to you and your employees. Depending on your subscription tier, this may include access to cashback offers, online voucher codes, high street vouchers and a money saving review service or any other services we may decide to offer or add in the future

3. Intellectual Property

3.1 We retain the Intellectual Property rights for the contents of the platform, excluding logos and branding of the client

3.2 We retain all IP for any modifications or additions made to the site for the client, and all prices reflect that any such functionality might also be used by other clients

4. Commissions

4.1 Commissions from our retailers will be provided to your employees in the form of cashback

4.2 It is acknowledged that the payments from networks are not immediate and some purchases made by employees will be reversed by networks. We will not be liable for delays caused by merchants or member activities

4.3 We will make payments to employees when they claim their cashback and their cleared cashback total reaches £25

4.4 If an employee leaves your firm, they may claim their cashback total within 28 days. There is no minimum cashback requirement to make this claim

5. Term and termination

5.1 You may cancel this agreement with one month’s notice

5.2 We may cancel this agreement with one month’s notice

5.3 Upon termination, each party agrees to provide the other with all outstanding payments (if any)

5.3 In the event of the client owning the domain name where the employee benefit scheme is hosted, the client undertakes the responsibility to make sure the domain name is renewed, and it points to the firm’s server

6. Modifications to the Service and Prices

6.1 We maintain the right to change the service which may involve adding or discontinuing services without notice

6.2 We shall not be liable to you, a member of your staff or to third parties for any modifications we make to the service

7. Limitations of liability

7.1 Neither party shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with this Agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); and any loss of goodwill or reputation; or any special, indirect or consequential losses

8. Renumeration

8.1 A monthly access, maintenance and support fee is payable via a monthly automatic payment method. The first payment when you agree to these terms and conditions

9. Confidentiality

9.1 cknowledge their own responsibilities under General Data Protection Regulation (GDPR) for keeping all client personal data secure

9.2 WithIn respect of the maintenance of confidential information, both parties a regards to GDPR regulations, we are the data processor and you are the data controller

9.3 We maintain a valid Data Protection License and as such agree to comply with the Data Protection Principles of the Information Commissioner's Office (ICO)

10. Rights of third parties

10.1 Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement

11. Special clauses

11.1 The Platform will include a link to rewardthestaff.co.uk

11.2 We have the right to promote the platform for purposes of advertising the platform and the firm’s own Whitelabel services

12. Force majeure

12.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities and strikes of employees. Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it

12.2 If a default due to force majeure shall continue for more than 6 weeks, then the party not in default shall be entitled to terminate this agreement

12.3 Neither party shall have any liability to the other in respect of the termination of this agreement because of force majeure

13. Entire agreement

13.1 This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

13.2 Additions to this agreement agreed separately shall not be binding on the parties unless made by a written instrument and signed by a duly authorised representative of each of the parties

13.3 We may update or change these terms and conditions at any time. We will notify you of those changes either through your staff benefits portal or by email

13.4 Both parties agree to cooperate with the other party to satisfy legal imposed by current or future law and legislation

13.5 A failure or delay by either party in enforcing its rights under this agreement is not an implied waiver of such rights or of any other rights in the future

13.6 If any of the provisions of this agreement are held or made invalid by a court, statute or rule or otherwise, the remainder of this agreement shall remain in full force and effect

13.7 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of such third party which exists or is available apart from that act