Flux Offers Terms Of Use #

Dated September 2022

1. Flux Offers #

   1. In addition to offering paperless receipts, Flux Systems Limited (“We”, “Us”, “Our”, “Flux”) operates a service whereby linking your account at https://web.tryflux.com (“the Site”) allows you to activate offers we are promoting and enables you to receive cashback on qualifying transactions with participating retailers (“Offers Service”).
   2. By using the Site, you confirm that you agree with and accept the terms and conditions contained on this page (“the Terms”). You cannot access the Offers Service if you do not accept the Terms.
   3. Please note that in addition to the Terms, our General Terms and Conditions also apply to the Offers Service, by way of Flux’s receipt service being a precondition to accessing the Offers Service. If there is any inconsistency between the General Terms and Conditions, and the Terms, the Terms shall take precedence.

2. Qualifying Transaction #

   1. The Offers Service enables you to receive cashback on purchases with selected retailers (“Retailers”) that meet the requirements of any offer you activate via our Site (“Qualifying Transaction”). Each offer has its own terms and conditions explaining what criteria must be met for a purchase to be a Qualifying Transaction. These will be communicated to you when you activate the offer.
   2. When you make a Qualifying Transaction, the Retailer may provide Flux with a commission for both promoting the Retailer via the Offers Service and providing anonymised details of the transaction. Flux in turn makes cashback available to you in exchange for redeeming the promotion via the Offers Service and for your having let us use the data about your transactions to operate the Offers Service.
   3. Once we have verified that a purchase is a Qualifying Transaction, we will make a cashback payment to the bank account you paid with or via your preferred payment method (should that option be available). The cashback amount will be as presented in the offer. This payment will be made within the timeframe agreed in the individual offer.
   4. Flux is entitled to stop providing the Offers Service to you:
      1. for any legal or regulatory reasons;
      2. if a Retailer has failed to pay Flux’s fees for promoting the offer to you; or
      3. for any misuse by you of these Terms, the General Terms and Conditions and/or the Offers Service.

3. Your Privacy #

   1. We only use personal data We collect through your use of the Offers Service in the ways set out in our Offers Webapp Privacy Policy
   2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Offers Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

4. Technical Requirements #

   1. In order to use the Offers Service and receive cashback on Qualifying Transactions, you are required to have internet access and a device with the relevant mobile banking application and online banking or electronic money account (“Banking App”). Your device will need to meet the necessary minimum specifications set to operate the Banking App.
   2. You must ensure that your device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use.

5. Availability #

   1. We will try to ensure that the Offers Service is available for use at all times. However, the Offers Service is provided over the internet and mobile networks and as part of the relevant Banking App and so its operation and availability may be affected by factors outside of Our control at any time for any reason. We do not guarantee that use of or access to the Offers Service will always be available and/or uninterrupted, or that it will always be error free.

6. Conditions of Use #

   1. In return for your agreement to the Terms you may access and use the Offers Service for your personal purposes only.
   2. Your right to use the Offers Service is personal to you. You may not otherwise transfer access to the Offers Service to anyone else for any reason.

7. Restrictions #

   1. Unless you have requested and received Our prior written consent or unless expressly permitted in these terms, you must not:
      1. Copy any part of the Offers Service;
      2. Distribute, sub-license, assign, share or otherwise transfer the Offers Service or your right to use the Offers Service;
      3. Circumvent, disable, or otherwise interfere with security-related features of the Offers Service or features that prevent or restrict use or copying of any part of the Offers Service;
      4. Use the Offers Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by making a Qualifying Transaction solely to collect cashback and then returning the relevant goods immediately;
      5. Infringe any rights (including intellectual property rights) belonging to Us or any third party in relation to your use of the Offers Service;
      6. Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Offers Service;
      7. Use the Offers Service in a away that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; or
      8. Use the Offers Service in any manner not expressly authorised by these Terms.
   2. You must comply with any applicable individual terms and conditions of a specific offer that you activate as part of the Offers Service.

8. Our Liability #

   1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our being in breach of these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable.
   2. We will only be liable to you up to the value of the cashback which is due in relation to any loss or damage which you have suffered that is foreseeable, and to the extent that We have caused that loss or damage.
   3. Nothing in our Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
   4. If Our provision of support for the Offers Service is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but you may terminate these Terms by ceasing to use the Offers Service.
   5. The Offers Service, which is available through the Site and relevant Banking App, is controlled and offered by Us from Our facilities in the United Kingdom. We make no representations that the Offers Service is appropriate or available for use in other locations.

9. Third Party Websites #

   1. You acknowledge that the Offers Service may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result We do not accept responsibility for the availability, suitability, reliability or content of such third party websites.

10. Support #

    1. If you wish to contact us regarding the Offers Service, please email Our customer service team at help@tryflux.com

11. Changes to the Offers Service #

    1. From time to time We may automatically update the Offers Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you do not install such updates or if you opt out of automatic updates for your Banking App, you may not be able to continue using the Offers Service.

12. Our right to make changes #

    1. When we need to make changes to these Terms, we reserve the right to do so in any of the circumstances listed below, by uploading a suitably updated version of these terms and conditions to this current webpage:
       1. For legal, regulatory or security reasons;
       2. To implement reasonable technical adjustment and improvements; or
       3. Necessary changes for the provision of the Offers Service.
    2. If we make any material changes to these terms and conditions, we will provide you with at least one full month’s notice of the material change(s) concerned, by posting an update on the Site or by other reasonable means, such as email. By continuing to use the Offers Service after the one month notice period, you are accepting such changes to these Terms.
    3. We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

13. Transfer of Rights #

    1. We may transfer Our rights and obligations under these Terms to another organization. We will always tell you in writing or by email if this happens and We will ensure that the transfer will not affect your rights under these Terms.

14. Termination #

    1. We may terminate these terms and your use of the Offers Service, or suspend your use of the Offers Service, immediately by written notice to you if:
       1. We consider that you gave used the Offers Service in violation of these terms;
       2. In our reasonable opinion We believe that there has been unauthorised access to the Offers Service; or
       3. We have a legal or regulatory obligation imposed on us, which requires us to cease providing the Offers Service.
    2. We may terminate these terms and your use of the Offers Service, or suspend your use of the Offer Service, by written notice to you for any other reason provided that we give you two months’ written notice by email, SMS or via an electronic communication via the Site or Banking App.
    3. You can terminate these Terms by ceasing to use the Offers Service and contacting Us by email on help@tryflux.com asking for your access to the Offers Service to be terminated.

15. General #

    1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to allow anyone other than you or Us to enforce any term of these Terms or the Privacy Policy.
    2. By accessing the Offers Service, you confirm you are over 18 years of age.
    3. If you choose to register a payment card in connection with payment monitoring, you authorise us to share your payment card information with Mastercard so they know you enrolled. You authorise Mastercard to monitor transactions on your registered card(s) to identify qualifying purchases, and for Mastercard to share such transaction details with us to enable your card-linked offer(s) to be implemented, and to target other offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by contacting us at: DPO@tryflux.com
    4. Even if We delay in enforcing these Terms, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.
    5. These Terms are governed by English law (including non-contractual disputes or claims) and you can bring legal proceedings in respect of these Terms and the Offers Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and the Offers Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and the Offers Service in either the Northern Irish or the English courts.
    6. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms which will remain in full force and effect.