Terms of service

TERMS OF SERVICE

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OVERVIEW

This website is operated by Ego Pharmaceuticals (UK) Ltd ('Ego'). Throughout the site, the terms “we”, “us” and “our” refer to Ego. Ego offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. By placing an order, it does not guarantee that the order will be filled or dispatched. Orders for products are for personal use only and products are not to be re-sold or exported. We may determine that your order is not for personal use or is likely to be re-sold or exported and may reduce the quantity or cancel the order. We may exercise this right on a case-by-case basis. If we are unable or unwilling to fulfil an order or part of an order, we will advise you and refund any monies paid for the order or part of the order. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall QV Skincare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ego and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info.uk@egopharm.com.

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 “QV TRY ME FOR FREE CASH BACK CAMPAIGN” 

TERMS AND CONDITIONS 

SCHEDULE 

General 

1. The promoter Ego Pharmaceutical (UK) Limited of Building 4 Foundation Park, Roxborough Way, Maidenhead, United Kingdom, SL6 3UD (“Promoter”). 


2. The Promotion is the ‘QV Try Me for Free Cash Back Campaign’ (‘Promotion’). 


Promotion 

3. The Promotion will occur at the following selected pharmacies: (i) Well Pharmacy – in store and online; and (ii) Independent Pharmacies – in store and online (‘Promotion Locations’). 

4. The Promotion commences at 9:00 am (GMT) on 30 March 2023 and ends at 11:59pm (GMT) on 10 May 2023 (“Promotional Period”). 

5. All claims must be submitted and received by the Promoter on or before 11:59pm (GMT) on 17 May 2023. 

6. If eligible, customers will be notified with confirmation of their submission. 

7. The Cash Back will be subject to verification of the customer receipt. 


Entry Particulars 

8. Entry is only open to UK residents who are eighteen (18) years and over. 

  1. 9. To be eligible to enter, individuals must purchase any of the Participating Products as set out below (“Participating Product”) in a single transaction from the Promotion Locations during the Promotional Period (“Qualifying Transaction”), and subject to product availability. Each transaction will be one (1) Qualifying Transaction regardless of the number of Participating Products purchased in that transaction. It is the customer’s responsibility to request a purchase receipt if one is not automatically provided at the time of the Qualifying Transaction. a. QV Gentle Wash 500g UK (MD); and 
  2. b. QV Cream 500g UK (MD). 
  3. a. Purchase a Participating Product from a Participating Location (including participating online stores) within the UK during the Promotional Period; 
  4. b. The Customer will need to visit the QV Try me for Free Cash Back Campaign website page (qvtrymeforfree.co.uk) and complete the online claim form by: 


The eligible Participating Products are as follows: 

10. Limit of one (1) Qualifying Transaction per customer. 

11. To enter (online claim): 

      1. (i) Following the prompts to the Try me for Free Cash Back Campaign Promotion page; 
      2. (ii) Input the requested details by completing all the fields within the entry form including but not limited to full name, email address, mailing address, mobile number, date of purchase, store type, purchase price, and product purchased; and 
      3. (iii) Confirm the submitted mobile number and email address. 

      5. c. Answer the survey question: “Please provide feedback on the product you have purchased in fifteen (15) words or more.” 
      6. d. Upload a scanned, legible, and full image of the purchase receipt; 
      7. e. Accept the Terms and Conditions; 
      8. f. Accept the Privacy Policy; 
      9. g. Accept or decline to receive marketing communication; and 
      10. h. Submit the fully completed online entry form, prior to 17 May 2023.12. Entry is conditional on provision of the personal information as requested. 

13. All entrants upon submission will receive an on screen “submission success pending validation” receipt. 


Proof of Purchase 

14. Eligible Customers must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase for an entry when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to Cash Back. Purchase receipt must clearly specify the store of the Qualifying Transaction, date of purchase, Participating Product, purchase amount, and that the Qualifying Transaction was made during the Promotional Period but prior to entry. 


Cash Back Details 

15. A valid entry will receive the Try me for Free Cash Back (each a “Eligible Customer”). 

16. Approved Eligible Customers will receive their Cash Back via UK bank transfer. 

      1. 17. Eligible Customers will receive a Cash Back equal to the sum paid by the Eligible Customer for the purchase of one (1) Participating Product, to the value as shown on the Eligible Customer’s purchase receipt. In the event that the Eligible Customer has purchased more than one (1) Participating Product, then the Cash Back shall be to the value of the lowest Participating Product. a. It is noted that the RRP for each Participating Product is as follows: (i) QV Gentle Wash 500g UK (MD) £9.99; and 
      2. (ii) QV Cream 500g UK (MD) £11.99; 

however, the Cash Back shall be equal to the actual amount paid for the Participating Product in the Qualifying Transaction. 18. Allow up to fourteen (14) business days from end of the Promotional Period to receive Cash Back. 

Verification 

19. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 

20. Incomplete, indecipherable, or illegible entries will be deemed invalid. 


TERMS AND CONDITIONS 

21. Information on how to enter forms part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions. 

22. By entering this Promotion, the entrant agrees that the decisions of the Promoter in all matters regarding the Promotion are final and binding. 

23. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid, at Promoter’s discretion. 

24. The Promoter’s decision is final and no correspondence will be entered into. 

25. The Try me for Free Cash Back Campaign is not transferable or exchangeable. All Cash Back must be taken as and when offered. 

26. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to a pandemic, epidemic, technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate; or (c) change supersede or extend these offers at is discretion. 

27. The Promoter assumes no responsibility for: a. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; 

b. any theft, destruction or unauthorised access to, or alteration of such communications; 

c. any problem with, or technical malfunction of, any computer system, internet malfunction, or other equipment used for the conduct of the Promotion or prevents the participant from entering the Promotion; 

 

    1. d. any incorrect or incomplete information which may be communicated in the course of the administering this promotion (whether as a result of one of the foregoing causes or otherwise); or 
    2. e. any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a Cash Back. 

28. Any cost associated with accessing the Promotion website is the entrant’s responsibility and is dependent on the Internet Service Provider used. 

29. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the under the Promotion and Consumer Rights Act 2015 (UK) or similar consumer protection laws, as well as any other implied warranties contained at law (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion. 

30. To the extent that any term or condition of this Promotion is void or prohibited by law it shall be severable and the balance of Terms and Conditions shall be subject to all relevant legislative requirements, including, without limitation, federal and state laws and regulations. 

31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); 

b. any theft, unauthorised access, or third party interference; 

c. any entry or claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; 

d. any variation in Cash Back value to that stated in these Terms and Conditions; 

e. any tax liability incurred by an Eligible Customer or entrant; or 

f. use of the Cash Back Promotion. 

32. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to United Kingdom regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be located at which can be viewed at Privacy Policy | QV Skincare or Online Privacy Policy | Ego Pharmaceuticals. These Privacy Policy(s) also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about any suspected breach of the Data Protection Act (“DPA”), the GDPR, or any other applicable law and how those complaints will be dealt with. The Promoter shall at all times comply with its obligations as a Controller (as defined in the DPA) as obligated pursuant to the DPA, and further agrees that it shall use best endeavours to ensure that any processor contracted by the Promoter shall at all times also comply with the DPA and any other regulatory obligations as required at law. All entries become the property of the Promoter. The Promoter may disclose PI to an overseas service provider, for example a cloud data centre or a customer information call centre, provided only that such disclosure is in compliance with the Promoter’s obligations as set out in the DPA and as otherwise required at law. 

33. An Entry Fee is not required or charged by the Promoter with respect to entering the Promotion. 

34. As a condition of accepting a Cash Back, the Eligible Customer may be required to sign any legal documentation as and in the form reasonably required by the Promoter. 

35. Any questions regarding the promotion or claim process can be submitted via email to support@qvtrymeforfree.co.uk 

36. Cash Back will be awarded to the person named in the respective entry and any entry that is made on behalf of the claimant or by a third party will be invalid. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant. 

37. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the Cash Back or acceptance of the Cash Back. 

38. In the event that an Eligible Customer is unable to satisfy these Terms and Conditions, forfeits, or does not claim or accept the Cash Back within fourteen (14) days of being notified by the Promoter that they are an Eligible Customer of the Cash Back, the Entrant agrees and acknowledges that they forfeit their entitlement to claim the Cash Back. 

39. In the event of any non-compliance, including but not limited to fraudulent activity, misrepresentation, criminal activity, and/or any non-compliance of the Terms and Conditions, by an Entrant, or any person attempting to defraud or in any way tamper with this Promotion will be ineligible for prizes and may be prosecuted to the full extent of the law. 

40. By participating and entering the Promotion, the Eligible Customer agrees that the Promoter and those involved in the development, production (including Cash Back suppliers), implementation and distribution of this Promotion and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or Promotion (hereinafter collectively called "Promoters"), shall not be liable for any claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Promotion, including entry and participation in this Promotion and acceptance, possession, use or misuse of the Cash Back. All participants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to such participant’s participation in this Promotion, such participant will indemnify and hold the Promoter and the Promoters harmless from and against any and all such claims, including reasonable legal fees related thereto. 

41. The Promoter reserves the right, in its sole discretion, to cancel or suspend this Promotion should viruses, bugs or other causes beyond its control corrupt the proper administration or security of the Promotion. The Promoter reserves the right to modify the rules of the Promotion in any way or at any time, as long as reasonable notice is given. 


Force Majeure 

42. For the purpose of these Terms and Conditions, a Force Majeure Event means an event, or factors, occurring that is outside the control of the Promoter and therefore effects its ability to undertake performance in accordance with these Terms and Conditions. 

43. A Force Majeure Event includes riots, acts of God (natural disaster, earthquake), global pandemic, act of war, hostilities, terrorism, civil disorder, and / or other unforeseeable circumstances beyond the control of the Promoter, against which would have been unreasonable to take precaution and which the Promoter cannot avoid even by using its best efforts. 

44. Where the Promotion is postponed or cancelled because of consequences resulting from a Force Majeure Event and the Promoter is not capable of fulfilling its obligations, the Promoter reserves the right, in its sole discretion to: (i) Suspend the Promotion to a later date; or (ii) Terminate the Promotion. And any such suspension or termination shall be subject to relevant regulations. 

45. The Promoter is not deemed to be in breach of its obligations within these Terms and Conditions nor shall the Promoter incur any liability to the Eligible Customer for any losses and damages, of any nature whatsoever, incurred or suffered because of, or actions imposed, by the Force Majeure Event.