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General
This website ("Pigsback.com website") is provided by Empathy Marketing Limited with registered offices at 3016 Lake Drive, City West Business Campus, Saggart, County Dublin (hereinafter referred to as "Pigsback.com")
Participation in the Pigsback.com Programme is governed by terms and conditions which are outlined in the terms and conditions area of the Pigsback.com website. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email Pigsback.com at memberservices@pigsback.com.
Acknowledgement and acceptance
This Agreement ("the Agreement") outlines the terms and conditions governing your participation in the Pigsback.com Programme and it is your responsibility to read and understand them. Through enrolling and/or using the Pigsback.com Programme you become a member of the Pigsback.com Programme ("Member") and you agree to be bound by these terms and conditions. Participation in the Pigsback.com Programme is offered at the sole discretion of Empathy Marketing Limited who own and operate Pigsback.com (hereinafter referred to as "Pigsback.com").
Pigsback.comreserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Members understand and acknowledge that most recent version of this Agreement will be located on the Pigsback.com website at [terms and conditions area]. Members non-termination or continued use of the Pigsback.com Programme constitutes an affirmative acknowledgement by the Member of any modification to this Agreement and consent to be bound by its terms. A Member may terminate his/her membership at any time if he does not agree with the terms of this Agreement.
Pigsback privacy promise
It is Pigsback.com's policy to respect the privacy of its members. Pigsback.com will not monitor, edit or disclose any personal information about you without your prior consent. In the course of the Pigsback.com Programme, Pigsback.com may acquire personal data and information about you which you have registered with us. In this regard, Pigsback.com undertakes to only use your data in complete accordance with the following conditions: We will not rent or sell any data which may personally identify you to any third party.
We may aggregate your data for disclosure to advertisers or business associates for promotion and marketing purposes. By way of example, we may disclose to an advertiser the percentage age groups of our members but in such an event we undertake to ensure that no such data could be used to personally identify you.
We may access your lists and related communications for technical processing and to address technical problems or service complaints.
Certain data such as your password will never be disclosed. You are responsible for keeping your password confidential and for all activities that occur under your password or account. Please let Pigsback.com know of any unauthorised use of your password, or any other breach of security.
We will clearly state why we are collecting personal information and how it will be used. At your request we will allow you inspect and edit any personal data relating to you.
We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing) we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believe necessary or appropriate.
Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder Pigsback.com from complying with its legal obligations as to disclosure or otherwise under the Data Protection Act 1988.
By joining the Pigsback.com Programme you agree to allow Pigsback.com to communicate with you via email regarding PiggyPoints earning and redemption opportunities. Pigsback.com will always use this communication method responsibly.
Terms of participation
The Pigsback.com Programme is for the use of residents of Ireland and the United Kingdom. , Residents of other countries may be able to register on the Pigsback.com Programme, but may not be able to participate fully as a non
Ireland or non UK resident.
Each Pigsback.com account must only be accessed by the Account Holder, and may not be accessed by any other user, without the express permission and authorisation of Pigsback.com.
No more than 1 Pigsback.com account can be held by any one individual. Pigsback.com can demand proof of identity in the event of a dispute.
In the event of access by another user, Pigsback.com reserve the right to freeze both accounts until both users are in contact with Pigsback.com. The user shall retain access to Pigsback.com but will not have any access or permission to spend PiggyPoints, until the Account Holder has personally been in touch with Pigsback.com Member Services.
In the event of regular access by a user other than the account holder with the purpose of earning PiggyPoints, Pigsback.com reserve the right to reclaim all PiggyPoints earned by access of the unauthorised user and freeze the account, for which the member will have no recourse against Pigsback.com.
Members may earn PiggyPoints for enrolling in the Pigsback.com Programme; taking advantage of PiggyPoints earning opportunities on the Pigsback.com website and other third party websites; reading or responding to offers from participating advertisers and partners; and complying with the terms of other offers or programmes from Pigsback.com or other companies.
Unless otherwise specifically notified, PiggyPoints can only be earned through following all and any instructions regarding earning PiggyPoints. A member's failure to correctly follow any required instructions or procedures may result in no PiggyPoints being earned, for which the member will have no recourse against Pigsback.com.
PiggyPointsearned are recorded against your account, however any PiggyPoints earned are never available for redemption until the member has sufficient PiggyPoints and the participating companies have sent Pigsback.com confirmation that the member has accrued sufficient PiggyPoints.
Pigsback.com is not responsible for changes to, or discontinuance of any PiggyPoints earning opportunity through third party companies, nor are we responsible for the inaccurate communication of PiggyPoints earned through a linked site, by that participating company.
Pigsback.comreserves the right to change the range of products, services and offers available for the redemption of PiggyPoints, as well as the number of PiggyPoints required to make any such redemption from time to time and any such change will be communicated via the Pigsback.com website.
PiggyPointsmay not be transferred to other accounts nor pooled together in any manner and the sale or barter of PiggyPoints is strictly prohibited. PiggyPoints have no monetary value, and cannot be used for any purpose other than redeeming designated rewards. At no time will rewards be available to be refunded for their cash value.
Unless specifically notified otherwise, all rewards supplied to us in return for PiggyPoints are provided solely by the named third party, and Pigsback.com makes no warranty or representations in respect to any reward. Members must exchange defective products or goods by following the supplier-designated procedures.
Pigsback.commay from time to time adjust a member's account upwards or downwards in respect to accounting errors, non-payment from third parties, refunds issued or suspected fraud, for which we have full authority.
Pigsback.com reserves the right to suspend any account that has been dormant for a period of 6 months or more. Pigsback.com will attempt to contact the member, via their nominated email address, if their account is at risk of suspension through inactivity. In the absence of a satisfactory response, the account will be suspended, and any accrued PiggyPoints forfeited.
PiggyPoints will not expire on an active account. An inactive account is deemed to be one which is not visited for a period of 6 continuous months.
Links to third party sites
Links included within the Pigsback.com website may let you leave the Pigsback.com website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of Pigsback.com and Pigsback.com is not responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Pigsback.com is not responsible for webcasting or any other form of transmission received from any linked site. Pigsback.com is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Pigsback.com of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the Pigsback.com website are solely between you and such advertiser. You agree that Pigsback.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Pigsback.com website.
Intellectual Property
You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Pigsback.com website (hereinafter referred to as "Intellectual Property") are solely owned by Pigsback.com. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Pigsback.com (Empathy Marketing Limited). These do not include logos and graphics which are the property of Pigsback.com partners. ALL RIGHTS RESERVED.
Submissions to Pigsback.com
Where you are invited to submit any contribution to Pigsback.com (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting Pigsback.com a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Pigsback.com policy.
Also by submitting your contribution to Pigsback.com you declare that your submission is your own original work and that you have the right to make it available to Pigsback.com for all the purposes specified above.
You declare that the submission is not defamatory and does not infringe any law and indemnify Pigsback.com against all legal fees, damages and other expenses that may be incurred by Pigsback.com as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on Pigsback.com and the purposes specified above.
If you do not want to grant to Pigsback.com the rights set out above, please do not submit your contribution to Pigsback.com.
Limitation of Liability
Pigsback.com shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in the Pigsback Programme. Under no conditions and in no event shall Pigsback.com be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Pigsback.com.
Although rigorous protocols are applied to the website Pigsback.com does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
Pigsback.com does not accept any liability for any losses or claims arising from any inability to access the Pigsback.com website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified Pigsback.com its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Pigsback.com website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Pigsback.com website, your connection to the Pigsback.com website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Pigsback.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pigsback.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Pigsback.com website or the Pigsback Programme.
Disclaimer
The materials contained in the Pigsback.com website may contain inaccuracies and typographical errors. Pigsback.com does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Pigsback.com website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pigsback.com reserves the right in its sole discretion to correct any errors or omissions in any portion of the Pigsback.com website.
The Pigsback.com website, the information and material on the Pigsback.com website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose.
Pigsback.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies participating in the Pigsback Programme.
Pigsback.com shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Assignment
Pigsback.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If Pigsback.com exercises this right it shall name the assignee or subcontractor on the main screen of the Pigsback.com website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of Pigsback.com assign or dispose of your obligations under this Agreement whether in part or in whole.
Term and Termination
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless Pigsback.com terminates, suspends or otherwise limits access.In the event that a Member expressly requests to leave the Pigsback Programme, no further communication will be entered into between Pigsback.com and the Member. The Member will have thirty days to redeem any PiggyPoints they may have collected subject to this Agreement. After this date, any unused PiggyPoints will be forfeited.
Pigsback.com reserves the right to terminate the Pigsback Programme at any time. In the event of this, you will have thirty days from the notice date of the Pigsback Programme's termination to redeem any PiggyPoints in accordance with this Agreement. Unless specified otherwise, no additional PiggyPoints will be able to be accrued during this termination period.
Pigsback.com will make every effort to communicate to all Members the termination period, however they will not be held responsible for failing to notify any Member regardless of the reasons. The Member acknowledges that even if his or her account is terminated, he or she may receive emails from Pigsback.com for a period of thirty days thereafter.
Any fraud or abuse of the Pigsback.com website, Pigsback Programme etc. will result in the immediate termination of that Member's account and total forfeiture of any PiggyPoints accrued.
Any fraud or abuse of the Pigsback.com website, Pigsback Programme etc. or any reason deemed appropriate by Pigsback.com at its sole discretion will result in the immediate termination of that Member's account and total forfeiture of any PiggyPoints accrued.
Modifications to Pigsback.com website
Pigsback.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Pigsback.com website and/or the Pigsback Programme (or a part thereof) with or without notice. You agree that Pigsback.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Pigsback.com website or Pigsback Programme. Pigsback.com shall not be liable to any Member or third party should Pigsback.com exercise its right to modify or discontinue the Pigsback Programme.
Notices
All notices given by Pigsback.com to you will be given by e-mail from memberservices@pigsback.com or by postal mail from:
Empathy Marketing Limited,
3016 Lake Drive
CityWest Business Campus,
Saggart,
County Dublin.
Ireland
or
Empathy Marketing UK Ltd
100 Dean Street,
London W1D 3TF
United Kingdom
or
by general posting on the Pigsback.com website.
Entire Agreement
This Agreement constitutes the entire Agreement between you and Pigsback.com and supercedes any prior agreements, arrangements, statements and understandings between Pigsback.com and you.
Waiver
A waiver by Pigsback.com of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of Pigsback.com to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members and no third party company will have the right or ability to create any obligation on Pigsback.com's behalf.
Governing Law
This Agreement shall be governed by Irish law and the Member consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
Invalidity
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Disputes
All questions or disputes regarding the Pigsback.com Programme, including without limitation, questions regarding participation and eligibility must be submitted in writing within 90 days of the query where applicable, to Empathy Marketing Limited, 3016 Lake Drive, City West Business Campus, Saggart, County Dublin or Empathy Marketing UK Ltd, 100 Dean Street, London W1D 3TF. In the event of an error by Pigsback.com, your sole recourse will be the crediting of any disputed PiggyPoints.
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