Soldato
Lodge a dispute with your credit card company.
rewardsnow.co.uk - anyone been scammed by them :/
- Thread starter subbytna
- Start date
OP - can you give more details of exactly how it happened?
According to your first post you signed up for something, and then cancelled it. That's what you would expect to do on a free trial.
You then claim they had something hidden in the T&Cs that signed you up for something else?
According to your first post you signed up for something, and then cancelled it. That's what you would expect to do on a free trial.
You then claim they had something hidden in the T&Cs that signed you up for something else?
Associate
- Joined
- 2 Jan 2010
- Posts
- 2,307
This.
Soldato
Reward snow for good behaviour.
Soldato
WOT? Similar program to Rapport?
Permabanned
I was scammed in that way by experian and freecreditreport.com.
I was at experian website and then it said i can check my credit report for free and it did not say anything about signing up or auto renewal or that i have to cancel it. So i signed up and looked at my credit report. pretty uneventful, not something that i would pay money for, especially not every month
Then i receive an email from freecreditreport.com and i deleted it without reading it because i thought it was spam. Then end of the month they take £7 from my account. I phone them up and the guy on the phone sounded like nearly every call he takes was from someone who they just stole £7 from.
Irony of it... credit check agency that is meant to prevent credit fraud, ripping people off.
oh but it was my fault i should have known that signing up at experian.com was going to create a auto renewal at freecreditreport.com and yea i found out that the freecreditreport.com is not free.
I was at experian website and then it said i can check my credit report for free and it did not say anything about signing up or auto renewal or that i have to cancel it. So i signed up and looked at my credit report. pretty uneventful, not something that i would pay money for, especially not every month
Then i receive an email from freecreditreport.com and i deleted it without reading it because i thought it was spam. Then end of the month they take £7 from my account. I phone them up and the guy on the phone sounded like nearly every call he takes was from someone who they just stole £7 from.
Irony of it... credit check agency that is meant to prevent credit fraud, ripping people off.
oh but it was my fault i should have known that signing up at experian.com was going to create a auto renewal at freecreditreport.com and yea i found out that the freecreditreport.com is not free.
This
I signed up for a free credit check...to see how my file looked....then the next day I cancelled as per their agreement. Hidden deep in some T&C's I "agree to sign up to rewardsnow.co.uk" and the only way to stop them taking out 19.95 is to call them directly and cancel...which I didn't do as I didn't know I'd signed up for rewardsnow.co.uk in the first place.
http://forums.moneysavingexpert.com/showthread.php?t=1836087
their parent company Adaptive runs at least 5 more companies from the same building!!! with the sole aim to take 19.95 from you each month. I still think I've been scammed
I thought my fiancee had ordered something hence the first 19.95 payment that I didn't bother looking at...when I saw it again I asked what it was she she didn't know hence me finding out I'd been scammed.Replies say that I was stupid to sign up but I signed up for a credit search, I never wanted nor asked to sign up for a 19.95 a month rewards scheme(SCAM more like) The fact I had cancelled the credit thing was sufficient imo
anyway I've reported them to watchdog and hope they get done!
20 is about the right amount for them to rely on the vast majority of people not to bother fighting to get back.
Certainly it's far different than the position I imagined - I thought you'd signed up for Experian and then not cancelled.
Someone further up the thread (Energize)said that the small print is the place for clarification, not the place to hide charges. I would say those T&C are unenforcable. But for £20 I'd not bother trying.
Certainly it's far different than the position I imagined - I thought you'd signed up for Experian and then not cancelled.
Someone further up the thread (Energize)said that the small print is the place for clarification, not the place to hide charges. I would say those T&C are unenforcable. But for £20 I'd not bother trying.
TERMS OF MEMBERSHIP FOR
THE Credit Score Matters MEMBERSHIP PROGRAMME
(“AGREEMENT”)
THIS PAGE SETS OUT THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY SERVICES TO MEMBERS OF THE MEMBERSHIP PROGRAMME.
ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS.
IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE ADVISORS ON 0845 872 5624 OR WRITE TO Credit Score Matters, PO BOX 587, EDGWARE, HA8 4DX.
WHEN WE SAY “WE”, “OUR” OR “US” IN THESE TERMS AND CONDITIONS, WE MEAN THE PROVIDER OF THE MEMBERSHIP PROGRAMME AS DETAILED BELOW.
1. WHO YOU ARE AND GENERAL NOTICES TO YOU
1.1 You are a potential/actual member of the membership programme (called the “Scheme“) as described in this document. If you enrol in the Scheme (called “Membership“) you will become a member of the Scheme (called a “Member“).
1.2 Importantly, a Member must be a human person who is:
1.2.1 an adult (i.e. aged 18 and over); or
1.2.2 enrolled with an adult’s express approval or on behalf of that adult at his/her express instruction.
1.3 A person who does not qualify as described in paragraph 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is aged 18 years or older or is acting at the express instruction or with the express authority or approval of an adult.
1.4 A person may not become a Member unless they are based in the United Kingdom (this does not include the Channel Islands or the Isle of Man), as this is the area we service. A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.
1.5 All general notices from us to Members will be displayed on the Scheme website from time to time or sent by email or letter.
2. MEMBER BENEFITS
Discounts and other benefits
2.1 A Member is entitled to access discounts and/or other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these discounts and/or other benefits, “Benefits“). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for limitations.
2.2 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to discounts, offers and promotions in respect of those products and services of third party vendors/providers).
Credit Reporting Service
2.3 A Member is entitled to access the credit service supplied by Callcredit Ltd (whose registered office is at One Park Lane, Leeds, West Yorkshire, LS3 1EP registered number 3961870 (the “Credit Service Provider“) (and the details of that credit service are set out on the Scheme website or in the Credit Service Provider’s own end user agreement (the “Credit Reporting Service“)), provided that:
2.3.1 the Member accepts the Credit Service Provider’s own end user agreement before first use of the Credit Reporting Service – and that end user agreement forms a contract between the Member and the Credit Service Provider;
2.3.2 the Credit Service Provider is able to properly validate the identity and address details of the Member, which validation is at the absolute sole discretion of the Credit Service Provider;
2.3.3 the Credit Service Provider accepts the Member as a person eligible to receive the Credit Reporting Service, which is at the absolute sole discretion of the Credit Service Provider;
2.3.4 the Member first properly registers on the Credit Service Provider’s website; and
2.3.5 the Member complies at all times with the Credit Service Provider’s own end user agreement. Breach of the Credit Service Provider’s own end user agreement may terminate entitlement to receive the Credit Reporting Service.
2.4 Members should note that the terms of the Credit Service Provider’s own end user agreement permit the Credit Service Provider to suspend or terminate the Credit Reporting Service under the circumstances listed in the Credit Service Provider’s own end user agreement.
3. ACCEPTANCE AND TERM OF MEMBERSHIP
3.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by verbally indicating affirmative consent to join the Scheme, or by clicking the “YES“ button on the Scheme enrolment page or by otherwise using the Scheme’s website. Once this affirmative consent is otherwise given there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).
3.2 Membership starts from the earlier of a) the time we notify you of your Membership number and b) the time you provide affirmative consent to join the Scheme.
3.3 Membership lasts until your Membership terminates as detailed in paragraph 6.
4. MEMBERSHIP RULES
4.1 Membership is non-transferable.
4.2 Membership cannot be used by persons other than the Member.
4.3 You shall ensure that no other persons have access to your Member details.
4.4 Other persons in the same household shall not access the Scheme, the Benefits or the Credit Reporting Service using the identity of the Member and the Member shall be responsible to ensure this is upheld.
4.5 Benefits, access to, and information from, the Credit Reporting Service are not for resale.
4.6 A Member must promptly notify us on becoming aware of any unauthorised use of the Membership number or if the Membership number is lost or stolen.
4.7 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift will be required to be an active member of the Scheme at the time the gift claim is processed. An Active Member is a Member that has successfully registered to the Scheme and has a valid Membership Number.
5. MEMBERSHIP RENEWAL
Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in paragraph 6, that Member’s Membership will be renewed automatically and that Member will be charged the then-current Membership Fee, which will appear on that Member’s monthly billing statement.
6. TERMINATION OF MEMBERSHIP AND RIGHTS TO CANCEL
6.1 A Member may terminate this Agreement (i.e. cancel Membership) at any time by:
6.1.1 Emailing us or calling us on the telephone number listed on the Scheme website; or
6.1.2 By notifying us in writing at: Credit Score Matters, PO Box 587, Edgware, HA8 4DX.
6.2 Further, and only where applicable, under the United Kingdom’s Distance Selling Regulations, Members have the right to terminate this Agreement within a period of 7 days, beginning with the day after the day on which this Agreement is sent (whether by email, fax or post) to the Member.
6.3 We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member’s account any sum deducted by us from the Member’s credit card/debit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
6.4 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member’s cancellation request or our notice to the Member.
6.5 On termination:
6.5.1 If the termination is within the Trial Period (as to which please see paragraph 7.1 below), then no Membership Fees will have been payable and no Membership Fees will be payable by the Member;
6.5.2 If the termination is at any time after the Trial Period, then the Member will not owe any further Membership Fees other than what has already become payable (and the Member will not be entitled to refund of any past fees charged to the Member’s account); and
6.5.3 Entitlement to access, make use of or benefit from, the Membership Programme (including the Credit Reporting Service) shall cease.
7. MEMBERSHIP FEES
7.1 A Member is entitled to a trial period, details of which are set out (depending upon the sign up method used by the Member) in the Welcome Pack sent to a Member by post, listed on the relevant website and/or shown or notified to the Member when they are presented with details of the Scheme (the “Trial Period“). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.
7.2 After the Trial Period, a monthly Membership fee (i.e. the “Membership Fee“) of currently no more than £29.95 (inc. VAT), payable in advance, will be automatically charged by a direct charge to the billing source authorised by the Member.
7.3 We may increase or decrease the Membership Fee on 30 day’s notice on the Scheme website or by notice by email or letter to the Member. If the Member does not agree with any such change, the Member may terminate this Agreement under paragraph 6.1 before any such change takes effect.
8. WARRANTIES, BENEFITS & DISCLAIMERS
8.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.
8.2 The Benefits and the Credit Reporting Service have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits (or the Credit Reporting Service) will be available therefore to all Members.
8.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits and the particular services offered within the Credit Reporting Service are continually changing and we do not and cannot represent or warrant that any particular Benefits or elements of the Credit Reporting Service will be available at any particular time. We reserve the right to eliminate, add, change and substitute Benefits and/or elements of the Credit Reporting Service from time to time without notice to any or all Members.
8.4 A Member agrees that we are not responsible or liable for any Benefits provided by providers or for the Credit Reporting Service provided by the Credit Service Provider and, if a Member has any claims relating:
8.4.1 to Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit; and
8.4.2 to the Credit Reporting Service, the Member will make a claim against the Credit Service Provider providing (or purporting to provide) the relevant Credit Reporting Service.
8.5 Please note that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.
8.6 Other than as expressly set out in these Terms of Membership, we make and give no conditions, warranties or other terms, express or implied (including the conditions or warranties as to satisfactory quality, fitness for purpose) with respect to any Benefits, to the Credit Reporting Service or in respect of any information provided to a Member.
8.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits (or the Credit Reporting Service) which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain a Member’s sole responsibility or that of the provider of the Benefits or the Credit Reporting Service, as the case may be.
9. LIABILITY
9.1 This paragraph 9 prevails over all other paragraphs and sets forth our entire Liability, and your sole and exclusive remedies in respect of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and the Member; or b) otherwise in relation to the contract between us and the Member or the entering into or performance of the contract between us and the Member; or c) a Member’s use of or participation in the Scheme or any Benefits or the Credit Reporting Service.
9.2 We do not exclude or limit our Liability for things we are not allowed to by law i.e. (i) fraud; (ii) death or personal injury; (iii) any breach of obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
9.3 Except for the matters in paragraph 9.2, we do not accept and we exclude any Liability for Breach of Duty other than any such liability arising under the terms of the contract between the Member and us or under these terms and conditions.
9.4 Except for the matters in paragraph 9.2, we shall have no Liability for: i) loss of revenue; ii) loss of actual or anticipated profits; iii) loss of contracts; iv) loss of the use of money; v) loss of anticipated savings; vi) loss of business; vii) loss of opportunity; viii) loss of goodwill; ix) loss of reputation; x) loss of, damage to or corruption of data; or xi) any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, sections (i) to (x) of the foregoing sentence are excluded whether such losses are direct, indirect, consequential or otherwise.
9.5 Save as provided in paragraph 9.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £15; or b) 110% of the Membership Fees payable by the Member to us in the 12 month period prior to any particular cause of action arising.
9.6 The limitation of Liability under paragraph 9.5 has effect in relation both to any Liability expressly provided in these Terms of Membership (or the contract between the Member and us) and to any Liability arising by reason of the invalidity or unenforceability of any provision of these Terms of Membership (or the contract between the Member and us).
9.7 In this paragraph 9, “Breach of Duty“ means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and “Liability“ means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the contract between Member and us (or the use of the Scheme website), including, without limitation, liability expressly provided for or arising by reason of the invalidity or unenforceability of any provision of these terms and conditions or the contract between the Member and us (and for the purposes of this definition, all references to the “contract between the Member and us“ shall be deemed to include any collateral contract).
10. TRADE MARKS, BRANDS ETC.
We are the operator of the Scheme and responsible for the production of the Scheme website. All trademarks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.
12. INVALID PROVISIONS
If any part of these Membership Terms or the contract between the Member and us is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part will not be affected.
13. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Membership Terms (or the contract between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. ENTIRE AGREEMENT
14.1 These Membership Terms, together with our privacy policy, set out the whole of our agreement relating to the Scheme and Membership. Nothing said by any sales person on our behalf should be understood as a variation of these Membership Terms or as an authorised representation about the nature or quality of the Scheme or Membership. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
15. NO WAIVER
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.
16. WHO WE ARE AND HOW YOU CAN CONTACT US
We are Adaptive Affinity Limited, registered in England. Our registered office is: Adaptive Affinity Ltd., Cavendish House, 369 Burnt Oak Broadway, Edgware, Middlesex, HA8 5AW. All notices from you to us must be by email response as set out in these Membership Terms or by post to Credit Score Matters, PO Box 587, Edgware, HA8 4DX. Our telephone number is: 0845 872 5624.
17. GOVERNING LAW
The Scheme operates for the United Kingdom only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.
Last updated November 2010
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I wrote this reply to them....
....Your Terms and conditions clearly state that "ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS."
There is NO mention in these T&C's that I was to sign up for rewardsnow.co.uk. I followed the agreement of me cancelling within the agreed time frame and cancelled the account. You did NOT have the ability to sign me up for something that is clearly NOT in your terms and conditions. I would therefore ask for my money back and I walk away and don't bother you again...failing this I will be contacting the authorities to have the company investigated for breaches of consumer law in applying different terms and conditions than advertised, thus a breach of contract on your part!
I await my refund
Mr McCaw
THE Credit Score Matters MEMBERSHIP PROGRAMME
(“AGREEMENT”)
THIS PAGE SETS OUT THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY SERVICES TO MEMBERS OF THE MEMBERSHIP PROGRAMME.
ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS.
IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE ADVISORS ON 0845 872 5624 OR WRITE TO Credit Score Matters, PO BOX 587, EDGWARE, HA8 4DX.
WHEN WE SAY “WE”, “OUR” OR “US” IN THESE TERMS AND CONDITIONS, WE MEAN THE PROVIDER OF THE MEMBERSHIP PROGRAMME AS DETAILED BELOW.
1. WHO YOU ARE AND GENERAL NOTICES TO YOU
1.1 You are a potential/actual member of the membership programme (called the “Scheme“) as described in this document. If you enrol in the Scheme (called “Membership“) you will become a member of the Scheme (called a “Member“).
1.2 Importantly, a Member must be a human person who is:
1.2.1 an adult (i.e. aged 18 and over); or
1.2.2 enrolled with an adult’s express approval or on behalf of that adult at his/her express instruction.
1.3 A person who does not qualify as described in paragraph 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is aged 18 years or older or is acting at the express instruction or with the express authority or approval of an adult.
1.4 A person may not become a Member unless they are based in the United Kingdom (this does not include the Channel Islands or the Isle of Man), as this is the area we service. A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.
1.5 All general notices from us to Members will be displayed on the Scheme website from time to time or sent by email or letter.
2. MEMBER BENEFITS
Discounts and other benefits
2.1 A Member is entitled to access discounts and/or other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these discounts and/or other benefits, “Benefits“). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for limitations.
2.2 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to discounts, offers and promotions in respect of those products and services of third party vendors/providers).
Credit Reporting Service
2.3 A Member is entitled to access the credit service supplied by Callcredit Ltd (whose registered office is at One Park Lane, Leeds, West Yorkshire, LS3 1EP registered number 3961870 (the “Credit Service Provider“) (and the details of that credit service are set out on the Scheme website or in the Credit Service Provider’s own end user agreement (the “Credit Reporting Service“)), provided that:
2.3.1 the Member accepts the Credit Service Provider’s own end user agreement before first use of the Credit Reporting Service – and that end user agreement forms a contract between the Member and the Credit Service Provider;
2.3.2 the Credit Service Provider is able to properly validate the identity and address details of the Member, which validation is at the absolute sole discretion of the Credit Service Provider;
2.3.3 the Credit Service Provider accepts the Member as a person eligible to receive the Credit Reporting Service, which is at the absolute sole discretion of the Credit Service Provider;
2.3.4 the Member first properly registers on the Credit Service Provider’s website; and
2.3.5 the Member complies at all times with the Credit Service Provider’s own end user agreement. Breach of the Credit Service Provider’s own end user agreement may terminate entitlement to receive the Credit Reporting Service.
2.4 Members should note that the terms of the Credit Service Provider’s own end user agreement permit the Credit Service Provider to suspend or terminate the Credit Reporting Service under the circumstances listed in the Credit Service Provider’s own end user agreement.
3. ACCEPTANCE AND TERM OF MEMBERSHIP
3.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by verbally indicating affirmative consent to join the Scheme, or by clicking the “YES“ button on the Scheme enrolment page or by otherwise using the Scheme’s website. Once this affirmative consent is otherwise given there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).
3.2 Membership starts from the earlier of a) the time we notify you of your Membership number and b) the time you provide affirmative consent to join the Scheme.
3.3 Membership lasts until your Membership terminates as detailed in paragraph 6.
4. MEMBERSHIP RULES
4.1 Membership is non-transferable.
4.2 Membership cannot be used by persons other than the Member.
4.3 You shall ensure that no other persons have access to your Member details.
4.4 Other persons in the same household shall not access the Scheme, the Benefits or the Credit Reporting Service using the identity of the Member and the Member shall be responsible to ensure this is upheld.
4.5 Benefits, access to, and information from, the Credit Reporting Service are not for resale.
4.6 A Member must promptly notify us on becoming aware of any unauthorised use of the Membership number or if the Membership number is lost or stolen.
4.7 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift will be required to be an active member of the Scheme at the time the gift claim is processed. An Active Member is a Member that has successfully registered to the Scheme and has a valid Membership Number.
5. MEMBERSHIP RENEWAL
Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in paragraph 6, that Member’s Membership will be renewed automatically and that Member will be charged the then-current Membership Fee, which will appear on that Member’s monthly billing statement.
6. TERMINATION OF MEMBERSHIP AND RIGHTS TO CANCEL
6.1 A Member may terminate this Agreement (i.e. cancel Membership) at any time by:
6.1.1 Emailing us or calling us on the telephone number listed on the Scheme website; or
6.1.2 By notifying us in writing at: Credit Score Matters, PO Box 587, Edgware, HA8 4DX.
6.2 Further, and only where applicable, under the United Kingdom’s Distance Selling Regulations, Members have the right to terminate this Agreement within a period of 7 days, beginning with the day after the day on which this Agreement is sent (whether by email, fax or post) to the Member.
6.3 We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member’s account any sum deducted by us from the Member’s credit card/debit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
6.4 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member’s cancellation request or our notice to the Member.
6.5 On termination:
6.5.1 If the termination is within the Trial Period (as to which please see paragraph 7.1 below), then no Membership Fees will have been payable and no Membership Fees will be payable by the Member;
6.5.2 If the termination is at any time after the Trial Period, then the Member will not owe any further Membership Fees other than what has already become payable (and the Member will not be entitled to refund of any past fees charged to the Member’s account); and
6.5.3 Entitlement to access, make use of or benefit from, the Membership Programme (including the Credit Reporting Service) shall cease.
7. MEMBERSHIP FEES
7.1 A Member is entitled to a trial period, details of which are set out (depending upon the sign up method used by the Member) in the Welcome Pack sent to a Member by post, listed on the relevant website and/or shown or notified to the Member when they are presented with details of the Scheme (the “Trial Period“). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.
7.2 After the Trial Period, a monthly Membership fee (i.e. the “Membership Fee“) of currently no more than £29.95 (inc. VAT), payable in advance, will be automatically charged by a direct charge to the billing source authorised by the Member.
7.3 We may increase or decrease the Membership Fee on 30 day’s notice on the Scheme website or by notice by email or letter to the Member. If the Member does not agree with any such change, the Member may terminate this Agreement under paragraph 6.1 before any such change takes effect.
8. WARRANTIES, BENEFITS & DISCLAIMERS
8.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.
8.2 The Benefits and the Credit Reporting Service have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits (or the Credit Reporting Service) will be available therefore to all Members.
8.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits and the particular services offered within the Credit Reporting Service are continually changing and we do not and cannot represent or warrant that any particular Benefits or elements of the Credit Reporting Service will be available at any particular time. We reserve the right to eliminate, add, change and substitute Benefits and/or elements of the Credit Reporting Service from time to time without notice to any or all Members.
8.4 A Member agrees that we are not responsible or liable for any Benefits provided by providers or for the Credit Reporting Service provided by the Credit Service Provider and, if a Member has any claims relating:
8.4.1 to Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit; and
8.4.2 to the Credit Reporting Service, the Member will make a claim against the Credit Service Provider providing (or purporting to provide) the relevant Credit Reporting Service.
8.5 Please note that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.
8.6 Other than as expressly set out in these Terms of Membership, we make and give no conditions, warranties or other terms, express or implied (including the conditions or warranties as to satisfactory quality, fitness for purpose) with respect to any Benefits, to the Credit Reporting Service or in respect of any information provided to a Member.
8.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits (or the Credit Reporting Service) which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain a Member’s sole responsibility or that of the provider of the Benefits or the Credit Reporting Service, as the case may be.
9. LIABILITY
9.1 This paragraph 9 prevails over all other paragraphs and sets forth our entire Liability, and your sole and exclusive remedies in respect of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and the Member; or b) otherwise in relation to the contract between us and the Member or the entering into or performance of the contract between us and the Member; or c) a Member’s use of or participation in the Scheme or any Benefits or the Credit Reporting Service.
9.2 We do not exclude or limit our Liability for things we are not allowed to by law i.e. (i) fraud; (ii) death or personal injury; (iii) any breach of obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
9.3 Except for the matters in paragraph 9.2, we do not accept and we exclude any Liability for Breach of Duty other than any such liability arising under the terms of the contract between the Member and us or under these terms and conditions.
9.4 Except for the matters in paragraph 9.2, we shall have no Liability for: i) loss of revenue; ii) loss of actual or anticipated profits; iii) loss of contracts; iv) loss of the use of money; v) loss of anticipated savings; vi) loss of business; vii) loss of opportunity; viii) loss of goodwill; ix) loss of reputation; x) loss of, damage to or corruption of data; or xi) any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, sections (i) to (x) of the foregoing sentence are excluded whether such losses are direct, indirect, consequential or otherwise.
9.5 Save as provided in paragraph 9.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £15; or b) 110% of the Membership Fees payable by the Member to us in the 12 month period prior to any particular cause of action arising.
9.6 The limitation of Liability under paragraph 9.5 has effect in relation both to any Liability expressly provided in these Terms of Membership (or the contract between the Member and us) and to any Liability arising by reason of the invalidity or unenforceability of any provision of these Terms of Membership (or the contract between the Member and us).
9.7 In this paragraph 9, “Breach of Duty“ means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and “Liability“ means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the contract between Member and us (or the use of the Scheme website), including, without limitation, liability expressly provided for or arising by reason of the invalidity or unenforceability of any provision of these terms and conditions or the contract between the Member and us (and for the purposes of this definition, all references to the “contract between the Member and us“ shall be deemed to include any collateral contract).
10. TRADE MARKS, BRANDS ETC.
We are the operator of the Scheme and responsible for the production of the Scheme website. All trademarks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.
12. INVALID PROVISIONS
If any part of these Membership Terms or the contract between the Member and us is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part will not be affected.
13. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Membership Terms (or the contract between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. ENTIRE AGREEMENT
14.1 These Membership Terms, together with our privacy policy, set out the whole of our agreement relating to the Scheme and Membership. Nothing said by any sales person on our behalf should be understood as a variation of these Membership Terms or as an authorised representation about the nature or quality of the Scheme or Membership. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
15. NO WAIVER
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.
16. WHO WE ARE AND HOW YOU CAN CONTACT US
We are Adaptive Affinity Limited, registered in England. Our registered office is: Adaptive Affinity Ltd., Cavendish House, 369 Burnt Oak Broadway, Edgware, Middlesex, HA8 5AW. All notices from you to us must be by email response as set out in these Membership Terms or by post to Credit Score Matters, PO Box 587, Edgware, HA8 4DX. Our telephone number is: 0845 872 5624.
17. GOVERNING LAW
The Scheme operates for the United Kingdom only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.
Last updated November 2010
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I wrote this reply to them....
....Your Terms and conditions clearly state that "ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS."
There is NO mention in these T&C's that I was to sign up for rewardsnow.co.uk. I followed the agreement of me cancelling within the agreed time frame and cancelled the account. You did NOT have the ability to sign me up for something that is clearly NOT in your terms and conditions. I would therefore ask for my money back and I walk away and don't bother you again...failing this I will be contacting the authorities to have the company investigated for breaches of consumer law in applying different terms and conditions than advertised, thus a breach of contract on your part!
I await my refund
Mr McCaw
Ok, I've gone straight from reading the OP to this reply so forgive me if anything I'm about to say has already been covered.
I work as a fraud/disputes investigator for a large bank, every day I deal with a fair few people who have been caught out by these types of companies - they're not scams, it is in the small print but they are very dodgy, usually operating just within the law.
Assuming the procedure for all banks is similar then the process you need to go through to get this stopped is roughly as follows:
Call your bank's fraud/disputed payments line and make them aware of the situation, they will likely ask that you contact the company directly to resolve it - always worth a try if you've not done so already.
Tell them you have done this, they will then likely advise you that they're sending a cancellation order to the dodgy site, this gives the company 30 days in which to cancel the payment - unfortunately there is nothing your bank can do in the mean time to stop any payments (don't argue, it's just the law).
Hopefully this will be the end of it (or at least it will be in 30 days time, as I already said, these places operate just within the law, they will take as much time as they have) but if any payments do continue to leave the account your bank now has a legal footing to take action.
Don't cancel your cards thinking it will stop it, even though it shows as a card payment its actually a continuous card payment (evil offspring of a hard to cancel direct debit and a card payment) and continuous card payments will just move onto the new card - there's nothing your bank can do about this either I'm afraid.
If I think of anything else I'll report back.
I work as a fraud/disputes investigator for a large bank, every day I deal with a fair few people who have been caught out by these types of companies - they're not scams, it is in the small print but they are very dodgy, usually operating just within the law.
Assuming the procedure for all banks is similar then the process you need to go through to get this stopped is roughly as follows:
Call your bank's fraud/disputed payments line and make them aware of the situation, they will likely ask that you contact the company directly to resolve it - always worth a try if you've not done so already.
Tell them you have done this, they will then likely advise you that they're sending a cancellation order to the dodgy site, this gives the company 30 days in which to cancel the payment - unfortunately there is nothing your bank can do in the mean time to stop any payments (don't argue, it's just the law).
Hopefully this will be the end of it (or at least it will be in 30 days time, as I already said, these places operate just within the law, they will take as much time as they have) but if any payments do continue to leave the account your bank now has a legal footing to take action.
Don't cancel your cards thinking it will stop it, even though it shows as a card payment its actually a continuous card payment (evil offspring of a hard to cancel direct debit and a card payment) and continuous card payments will just move onto the new card - there's nothing your bank can do about this either I'm afraid.
If I think of anything else I'll report back.
Soldato
Had this. Ring your bank they shall refund you the money.