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1 Acknowledgment & Acceptance

By enrolling and/or using the MutualPoints Programme ("Programme"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in the Programme shall conform to its terms and conditions.

The Programme is operated by MutualPoints Limited ("MutualPoints")

MutualPoints Programme members ("Members") may earn points ("Points") for enrolling in Programme; taking advantage of point-earning opportunities on the Programme and other third party Web sites; reading and responding to offers from participating advertisers and partners via email; and complying with the terms of other offers or programmes from MutualPoints or other companies.

MutualPoints reserves the right to send members messages from time to time for which they will not be rewarded. Such messages may include MutualPoints system updates; flash bulletins; order confirmations; administrative announcements; special requests and so on - and may be sent via email or regular mail.

MutualPoints is under no obligation to provide members with any particular number of Point-earning opportunities or send messages to them.

MutualPoints reserves the right to limit Programme enrolment at any time.

2 MutualPoints Programme Privacy Policy

MutualPoints promises to maintain the privacy of members' personal information. The full extent of our commitment can be found by visiting our Privacy Policy.

3 Terms of Participation

Only individuals 18 years or older and residing in the United Kingdom may enrol in the MutualPoints Programme and become members.

Corporations or other business entities are not eligible to become members.

Programme membership and its right to use is limited to one individual per Programme account and to use of one email address per Member.

Member agrees to provide only true and accurate information to the MutualPoints Programme (including to its advertisers and partners) at all times.

Member agrees to comply with the terms of all the Programme and MutualPoints Programme advertiser and partner offers, promotions, and programmes at all times.

Member agrees not to abuse Programme privileges by conduct which is detrimental to the interests of MutualPoints, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of the Programme, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Programme award links, etc.

4 Users Conduct and Points reward and redemption

Points have no cash value and may be spent only on rewards as offered through the Programme at the time of redemption.

Members must accrue 3,000 "Available" Points before they may spend Points for their first redemption; For details, please refer to the MutualPoints Redeem Points area as conditions for redemption may be modified by MutualPoints at its sole discretion from time to time so please check this regularly.

MutualPoints reserves the right to limit the redemption of specific rewards and limit the number of rewards available at any particular Point-spending level.

Points will be subtracted from Member's account immediately a redemption is submitted. Once used to claim a reward, Points will not be reinstated to Member's account.

Member shall ensure that Member's personal profile is up-to-date and accurate. Member agrees to promptly notify MutualPoints of any change in Member's address (mail or email) or personal profile by updating his or her personal information at the My Account section of the Customer Services area of the MutualPoints Programme Web site.

MutualPoints reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive.

Member's discontinued participation in the Programme or failure to notify MutualPoints of any address (mail or email) or profile changes as soon as possible may result in the termination of Member's membership and forfeiture of Member's unredeemed Points.

Unredeemed Points will expire on December 31st of the second calendar year following the calendar year such Points are first deemed "Available." Example: If not spent, Points earned in May of 2001 will expire at the end of December 31, 2003.

5 Termination of Membership

MutualPoints reserves the right to cancel or disable any membership if that Member has been inactive for a period of 12 consecutive months. "Inactive" shall be defined as lack of one of the following: Web site visit (click through); survey completion; profile update; or any Point-earning or spending transaction.

MutualPoints reserves the right to terminate or disable, at MutualPoints sole discretion, any Programme membership if MutualPoints reasonably believes such Member has violated or acted inconsistently with the rules of the Programme or this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.

MutualPoints shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.

Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the Programme if and to the extent that such participation is permitted by such laws, rules, and regulations. MutualPoints may refuse to enrol Member, or to restrict, modify, or terminate Member's participation in MutualPoints Programme, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in MutualPoints Programme could violate any law, rule, or regulation.

6 Disclaimer of Warranties

Member expressly agrees that use of the MutualPoints Programme is at the member's sole risk.

The Programme and all services offered therein are provided on a strictly "as is" and "as available" basis. MutualPoints MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE PROGRAMME OR THROUGH PROGRAMME ADVERTISERS OR PARTNERS; THAT PROGRAMME WILL MEET MEMBERS' REQUIREMENTS; OR THAT THE PROGRAMME WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES MutualPoints MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PROGRAMME OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PROGRAMME.

MutualPoints expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MutualPoints shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Programme advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from MutualPoints or through the Programme shall create any warranty not expressly made herein.

7 Limitation of Liability

MutualPoints SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAMME.

MutualPoints is not responsible for damages or losses that result from participating or inability to participate in the Programme, or reliance on or use of information, services, or merchandise provided on or through the Programme.

Member acknowledges and agrees that MutualPoints neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

MutualPoints is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.

In no event shall MutualPoints' liability, either jointly or severally, exceed £100. MutualPoints however does not limit its liability for death and personal injury resulting from its negligence.

8 Participation in Promotions of Advertisers and Partners

Member's correspondence with or participation in promotions of MutualPoints Programme advertisers and partners are solely between corresponding Member and the advertiser or partner. MutualPoints assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

Member understands that, in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to MutualPoints for such crediting of Points. MutualPoints will not be responsible or liable for the delay or failure to credit Points in such event.

9 Termination

AT ANY TIME EITHER MEMBER OR MutualPoints MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.

Termination of Member's membership by Member is effective upon Member submitting an email requesting termination to MutualPoints Customer Services Manager and Member receiving a message from MutualPoints Programme confirming termination. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. MutualPoints shall use reasonable endeavours to stop such emails as soon as possible. Member may not earn Points after termination.

Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with MutualPoints Programme, Member's only recourse is to immediately discontinue participation in the Programme and properly terminate his or her membership.

MutualPoints reserves the right to terminate the membership of any Member who appears to be using the Programme in a manner inconsistent with this Agreement, or any Programme rules.

10 Non-Transferability

Member's right to use MutualPoints Programme is non-transferable. Member's membership will terminate immediately in the event of Member's death. MutualPoints Programme accounts and Points are not transferable upon death or otherwise by operation of law.

Points are non-transferable and are void if transferred. Points and/or rewards may not be bartered or sold.

11 Proprietary Rights to Content

Member acknowledges that Programme content (including but not limited to text, sound, photographs, graphics, or other material contained in any MutualPoints Programme communication, advertisements, or messages, whether by MutualPoints or MutualPoints' advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, service, or software as expressly authorised by MutualPoints, its advertisers and partners, as the case may be.

Member agrees not to forward any Programme offers or promotions to others without first obtaining the express written permission of MutualPoints.

12 Modifications

MutualPoints reserves the right to change this Agreement, and/or any part thereof, at any time. Any change to the Agreement shall be effective upon posting the modified Agreement on the MutualPoints Programme Web site in the Customer Services area under Terms & Conditions and MutualPoints notifying the posting of the modified agreement on the home page of this site for a period of 30 days. Member's non-termination or continued use of Programme after this period shall be deemed acceptance of the modified agreement.

MutualPoints reserves the right to modify or discontinue the MutualPoints Programme service with or without notice to Member. MutualPoints shall not be liable to Member or any third party should MutualPoints exercise its right to modify or discontinue the MutualPoints Programme service.

13 Notices

All notices given by MutualPoints to you will be given by email, postal mail, mobile text message or by general posting on the MutualPoints Programme Web site.

14 Indemnification

Member agrees to indemnify and hold MutualPoints, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, (including reasonable legal fees) relating to your breach of this Agreement and your posting of any material on this site.

15 Miscellaneous

This Agreement will be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

This Agreement constitutes the complete and exclusive understanding between MutualPoints and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

MutualPoints' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MutualPoints in writing.

16 Privacy Policy

MutualPoints takes your privacy very seriously in particular in relation to the MutualPoints Programme ("Programme"). Any personal information you give us is held with care and security. Please read the following policy to understand how your personal information will be treated. This policy may change from time to time so please check back on a regular basis.

17 How We Gather Information

We will NEVER release your personal information to any other party without your express permission except for the sole purpose of data verification and supplementation.

When we give information to the companies that participate in the Programme, it is in the form of grouped statistics based on members' information while participating in the Programme. The Programme is designed to make it impossible for outside companies to extract personal information without your consent.

We follow rigorous security protocols within our company to safeguard any personal information you share with us.

18 Security Guarantee

Through enrolment forms, registration and surveys, we collect personal information from you including names, addresses, email addresses, demographic information and other personal information when you voluntarily enrol in the Programme.

The information requested from members includes basic contact information (name, address, email), general statistics (household size, age, gender) and various interests and preferences (sports, finance, music, etc). In addition to registration we may ask you for personal information at other times including (but not limited to) when you complete surveys, redeem Points and make purchases.

When you log on to the web site, our server automatically recognises you by a "cookie". Cookies are files that your Web browser places on your computer's hard drive. A cookie ensures that only you can access your own personal information. Generally, we use cookies to accurately credit your account with Points and direct you to earning and spending opportunities that are most relevant to your interests. We do not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly and willingly provide such information.

For each visitor to our web site, our web server automatically recognises the following:

None of this information is stored on any individual who does not register.

You may set your browser software to reject cookies, but if you do you will not be able to use all of the features of the Services. If you wish to block cookies, please follow the relevant link below for instructions. Take care to ensure that the instructions you select match the type and version of your browser software.

For Netscape Navigator 3:
http://www.allaboutcookies.org/manage-cookies/netscape-navigator3.html

For Internet Explorer 3:
http://www.allaboutcookies.org/manage-cookies/internet-explorer3.html

For Netscape 4:
http://www.allaboutcookies.org/manage-cookies/netscape4.html

For Internet Explorer 4:
http://www.allaboutcookies.org/manage-cookies/internet-explorer4.html

For Internet Explorer 5 (and greater):
http://www.allaboutcookies.org/manage-cookies/internet-explorer5-plus.html

For Netscape 6 (and greater):
http://www.allaboutcookies.org/manage-cookies/netscape-6-plus.html

19 How We Use Information

The personal information you provide is used to customise your Programme experience. For example, we can offer the Point-earning opportunities that best fit the profile of each member. We will use your information to provide you with suitable opportunities to earn Points on the web site and through specific MutualPoints email offers and also for the internal administration of your account. Information is also used to fulfil Point spending requests.

We may do research and provide reports on our users' demographics, interests and behaviour based on the information provided to us upon registration, during a promotion or from surveys. This research only relates to groups in general and will never identify you individually. We may share these general statistics with advertisers or partners to enable them to better provide offers to members in their areas of interest.

We may for storage and aggregation purposes need to send your personal information internationally, including to countries outside the European Economic Area. For example, your information may be stored in a MutualPoints computer centre in the USA. However, any information stored outside the UK will not be disclosed to any other party. It will be kept confidential and in accordance with this Privacy Policy.

20 How We Share Information

We do not sell or rent your information to anyone. Your personal information will not be released to any third party without your express permission except in special circumstances such as when the law requires it or under the circumstances described below.

In order to provide you with a wide choice of Point-earning and Point-spending opportunities, it is necessary for us to share some of your personal information with partner companies. Partner companies participating in the Programme may require certain limited information to ensure that a Point transaction is appropriately reflected in your account.

Partner companies may also collect additional information through surveys and forms for their own marketing purposes. When you provide information while visiting partner sites, it's the partner site that collects your personal information. The information practices of these partner companies, advertisers and web sites linked to MutualPoints Programme are not covered by this privacy policy. Please note that the privacy policies of partner sites may differ from those of the Programme.

We may share our group statistical research and reports with advertisers or partners (see point 19 - How We Use Information).

Occasionally, third parties are utilised for the purpose of data verification and supplementation. For example, we may check that members are living at the address they give by verifying the information provided by members against information available for that purpose from other sources (e.g. electoral rolls). We may, also, target offers to you by comparing your information with other statistics to determine whether an offer is likely to be relevant to you. When third parties are employed for these purposes, the confidentiality of your personal information is maintained in strict conformity with this Privacy Policy and Terms of Use. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.

21 Changing, Correcting and Updating Information

Members opt-in to receive email at enrolment. If, at any time, you do not want to receive emails, simply unsubscribe to any mail you receive or email MutualPoints Customer Services Manager.

Members also have choices with respect to cookies. You have the choice to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you choose to reject all cookies you will be unable to use all Programme services that require registration in order to participate.

You can also opt-in to receive postal mail or mobile marketing offers from advertisers and partners where this is available. At any time during participation in the Programme, you can enable or disable this opt-in by updating your personal profile in the Update Account Information section in Customer Services area.

22 Member Choices For Use Of Information

Members can update their own personal account information at any time by submitting changes at My Account Information in the Customer Services area. Members may also contact MutualPoints Customer Services Manager.

Your Programme account can be cancelled or unsubscribed, but doing so will result in not being able to access any member-only area of the Programme site. Please contact MutualPoints Customer Services Manager for further instructions about cancelling or unsubscribing your MutualPoints Programme account. Residual information will remain within our archive records.

A member may discontinue participation in the Programme at any time by submitting a termination request through contacting MutualPoints Customer Services Manager

23 Consent

By disclosing your personal information on the MutualPoints web site, you consent to the collection, storage and processing of your personal information by the MutualPoints Programme in the manner set out in this privacy policy. Any questions or concerns regarding our Information Practices should be directed to MutualPoints Customer Services Manager. You may also send enquiries to:

   Customer Services
   MutualPoints Ltd
   2nd Floor
   69-73 Theobalds Road
   London
   WC1X 8TA

   020 7440 9310
   Business hours: 9 to 17.30, Monday to Friday

24 Information Practices

How We Gather Information
Through enrolment forms and surveys, we collect names, addresses, email addresses, demographic information and other personal information from visitors who voluntarily enrol in the MutualPoints Programme.

The information requested from members includes basic contact information (name, address, email), general statistics (household size, age, gender) and various interests and preferences (sports, finance, music, etc.).

When you log on to the web site, our server automatically recognizes you by a "cookie." This ensures that only you can access your own personal information. It also allows us to accurately credit your account with Points and directs you to earning and spending opportunities that are most relevant to your interests. No information about your visit to our site or any other participating sites is ever stored.

For each visitor to our web site, our web server automatically recognizes the following:

None of this information is stored on any individual who does not register.

How We Use Information
The information provided is used to customise the experience of each member. For example, we can offer the Point-earning opportunities that best fit the profile of each member. While participating members have the opportunity to earn Points on the web site, partners' sites, and through MutualPoints email offers, members may also opt-in to earn Points through offers via postal mail or mobile marketing. Information is also used to fulfil Point spending requests.

Companies participating in the Programme may collect and use information to ensure that a Point transaction is appropriately reflected in your account. These companies may also collect additional information through surveys and forms for their own marketing purposes. When you provide information while visiting partner sites, it's the partner site that collects the information. Please note that the privacy policies of partner sites may differ from those of the Programme.

How We Share Information
Your personal information will not be released to any third party without your express permission. For example, a member may request his or her name and address be provided to an advertiser in order to facilitate an order placed through the Programme.

Other data shared with advertisers is in anonymous group statistical form only. This allows advertisers to participate more effectively in the system by providing offers targeted to the interests of our various member groups. For example, an advertiser may be notified that 10,000 members have expressed an interest in receiving offers relating to windsurfing.

Third Party Data Practices
Occasionally, third parties are utilised for the purpose of data verification and supplementation. Example: We may receive census data files in order to determine the percentage of residents in a select area who own their own homes. We employ these processes to provide members with offers and content that best meet their specific interests. When third parties are employed for such purposes, confidentiality of members' personal information is maintained in strict conformity with the Privacy Policy and Terms of Service.

Control the Flow of Information
Mail members can opt-in to receive communications regarding the Programme and its marketing partners via postal mail. At any time during participation in the Programme, a member can enable or disable this opt-in by contacting MutualPoints Customer Services Manager.

Email members opt-in to receive email at enrolment. At any time, members may adjust the maximum level of email received by contacting MutualPoints Customer Services Manager.

Cancel Account: A member may discontinue participation in the Programme at any time by submitting a cancel request to MutualPoints Customer Services Manager.

Changing, Correcting and Updating Information
Members can update their own personal account information at any time by submitting changes at My Account in the Customer Services area. Members may also contact MutualPoints Customer Services Manager to update their account.

Any questions regarding our Information Practices should be directed to MutualPoints Customer Services Manager. You may also send enquiries to:

   Customer Services
   MutualPoints Ltd
   2nd Floor
   69-73 Theobalds Road,
   London
   WC1X 8TA

   020 7440 9310
   Business hours: 9 to 17.30, Monday to Friday

25 RewardMail

Rewardmail is our regular members only email that features exclusive discounts and deals as well as a numer of reward opportunities. *By submitting your email address you are actively agreeing to receive this regular correspondance from us* via the email address that you give us. You can easily unsubscribe or reduce the number of emails you receive from us from any email that we send you or by visiting the 'MyAccount' page after sign up'