tuck.

Platform Terms

 

1          About our terms

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1.1       The terms and conditions of use (“Terms”) set out here, explain how you may use this website and any of its content (“Site”), and the tuck. app, as applicable (as defined below) (each and collectively, the “Platform”, as applicable). These Terms apply between Tuck Technology Limited (“we”, “us” or “our”) and you the user; the person accessing or using the Platform (“you” or “your”).

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1.2       You should read these Terms carefully before using the Platform. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately, otherwise any liability incurred is your own and tuck. will not be liable.

 

1.3       If you download the tuck. app from the Google App Store or Android App Store or through any other application store (each and collectively the “tuck. app” or “Software”, as applicable), the terms and conditions below will apply.

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1.4       Our Privacy Policy shall govern how we will process any of your personal information, which is in line with the UK GDPR, as set out here. (“Privacy Policy”).

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1.5       Our Acceptable Use Policy details the acceptable use of the Platform, as set out here (“Acceptable Use Policy”), it is understood the Acceptable Use Policy form part of these Terms.

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2          About us

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2.1       We are Tuck Technology Limited (trading as "tuck."), a company registered in England and Wales under company registration number 12857517. Our registered office is at Tuck Technology, St Martins House, 7 Peacock Lane, Leicester, LE1 5PZ.

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2.2       If you have any questions about the Platform, please contact us by email at support@tuckapp.co.

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3          The tuck. app

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Your use of the tuck. app is subject to the following procedure (each and collectively the “Procedure”, as applicable):

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3.1       The tuck. app can be downloaded from either the Apple or Google Play Store or through any other application store;

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3.2       After downloading the tuck. app, you must register your user profile (“Profile”, or “Account”, as applicable) and register your details and link your desired bank account/s with your debit and/or credit card, using our ‘Open Banking Technology’ via our third-party supplier, Plaid, Plaid Financial Ltd, New Penderel House, 4th Floor, 283-288 High Holborn, London, United Kingdom, WC1V 7HP (“Plaid”) (“Linked”, or “Link”, as applicable), it is understood that you can link multiple bank accounts (“Registration”);

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3.3       Following Registration you can use the tuck. app to search for businesses which are listed and which may or may not be offering rewards on the tuck. app (each and collectively “Merchants”, as applicable) based on your interest or location and purchase a product from them via their website, their own application or in-store, and you will be able to pay for your purchase using your Linked card (each and collectively “Purchase”, as applicable). Should you have more than one Linked card, you will be able to select which card you intend to use for the relevant purchases;

 

3.4       Earning Cashback is always subject to the Standards (as defined below) and our Approval (as defined below);

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3.5       You will be notified of your cashback earnings that have become payable to you based on your Purchase in accordance with tuck.’s procedure. The balance indicator in your Profile (each and collectively, “Cashback” or “Funds”, as applicable) will indicate cashback earnings payable subject to the communication and confirmation by tuck. with the relevant particular Merchant from time to time (each and collectively “Rewards Plan”, as applicable);

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3.6       After a minimum of £10 (ten pounds sterling) accumulated from the use of the tuck. app in relation to the Rewards Plan with a Merchant or Merchants (“Available Cashback”) in your Account and £3 or more by spending with our partner businesses, you will be entitled to request a Withdrawal. The Withdrawal requested will be based on the limit of the Available Cashback accumulated, subject to the minimum amount above and Clause 3.7 below and it will be payable subject to tuck.’s digression. It is understood that any payment of your Cashback to your Linked bank account or any other account will be made via BACS; and

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3.7       In consideration of and exchange for your use of the tuck. app, we shall retain 20% (twenty percent) which is subject to change of any Cashback that become due and payable hereunder (the “Fee”), it being understood that we shall always deduct the Fee from any Cashback that becomes due and payable to you (“Fee Set-off Procedure”). tuck. retains the right to change this percentage during yearly reviews. If such change were to take place, you will be duly informed either through the tuck.app or the Site;

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4          Membership and usage of the tuck. app

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4.1       You are only entitled to set-up one Account, and the legal owner of the email address used to Register shall be deemed to be the Account owner.

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4.2       We reserve the right to refuse any Registration and or terminate any Account in accordance with these Terms.

 

4.3 Should tuck. suspect or be alerted to illegal activity, your Account will be terminated within a reasonable time pending investigation based on tuck.’s internal policy.

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5          Approval

 

You acknowledge and agree that any Cashback in your Account will only be paid to you if we approve it internally first, on the understanding that we shall only approve your Cashback if the Standards (as defined below) have been satisfied (each and collectively “Approval” or “Approve”, as applicable).  For the avoidance of doubt and notwithstanding any other provision contained in these terms and conditions, you agree and acknowledge that in all circumstances the payment of Funds to you is at our discretion and we may refuse to pay Funds to you for any reason, it is understood that in such cases, no Fee will be payable either, for the avoidance of doubt.

 

6          Earning Cashback

 

Subject to the Fee Set-off Procedure (for the avoidance of doubt), the Parties agree that (each and collectively the “Standards”, as applicable):

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6.1       every Purchase is a direct purchase with a Merchant, tuck. is only a facilitator of the reward system herein;

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6.2       the value of your Cashback will depend on the applicable terms of the Merchant’s offer, which will be detailed on the Platform from time to time (the “Merchant’s Cashback Terms”); 

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6.3       when you make a Purchase, it will be tracked through the use of ‘Open Banking Technology’ which allows us to validate and identify details of the Purchase, and after the Purchase has been verified and Approved by us, your Account will be updated with your Available Cashback, it is understood that our ‘Open Banking Technology’ must successfully identify the Purchase transaction between you and the Merchant (“Identification”), otherwise there will be no Available Cashback for that transaction;

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6.4       any Purchase must be a genuine Purchase, and we shall determine in our absolute discretion whether a Purchase is genuine on the understanding that we will confirm with the applicable Merchant the facts relevant to our determination and in accordance with Clause 6.3;

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6.5       the Purchase with a Merchant must be made via the Linked card, for the avoidance of doubt, in order to be eligible for any offers or Cashback;

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6.6       if the Merchant you make a Purchase from offers a returns or exchange policy or anything similar which entitled you to return the product of your Purchase (each and collectively the “Products”, as applicable) after your Purchase during a period of time (“Returns or Exchange Policy Period”) (each and collectively “Returns Policy”) then your Cashback will only become available after the Returns or Exchange Policy Period has come to an end. It is understood that your Cashback will in the meantime, display the status as ‘pending cashback’ within the tuck. app until such Returns or Exchange Policy has expired;

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6.7       we aim to update your Cashback balance within a reasonable period of time, within the application, after our Approval, it is understood that such processing may take longer from time to time, as we depend on data and verification from your Linked bank (each and collectively “Processing” or “Process”, as applicable);

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6.8       after our Processing and if you have accumulated £10 or more of Available Cashback and £3 or more by spending with our partner businesses,, you will be entitled to withdraw your Funds via BACS in accordance with any pay-out terms and conditions applicable at the time of pay-out (each a “Withdrawal”) in accordance with Clause 3.6;

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6.9       you will only be entitled to make a Withdrawal if we have the necessary details to enable the same, which include: ‘Payee Name’; ‘Bank Name’; ‘Bank Account Number’; and ‘Bank Sort Code’, and you must withdraw all your Funds at the time of the Withdrawal, on the understanding that the ‘Payee Name’ must match the name provided on the Account during Registration;

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6.10     if your Account is terminated or disabled by us for any reason then any Cashback will be forfeited and it will not paid to you and it will be retained by tuck.;

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6.11     we will decline your Cashback if all or part of your Purchase order is returned, amended or cancelled, it is understood that in the event of a partial return, amendment of cancellation of your Purchase (“Partial Cancellation”) we will decline only that part of the Cashback that is associated with the Partial Cancellation, however, this will be at tuck.’s full discretion;

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6.12     If you notify us that a Cashback has not been reported in your Account pursuant to a Purchase (each and collectively a “Claim”, as applicable) we will use reasonable endeavours to investigate such Claim with the applicable Merchant subject always to our right to cease investigations at any point at our absolute discretion;

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6.13     our decision is final in relation to the Approval;

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6.14     we will use reasonable endeavours to Process your Funds subject to our Approval, however we cannot guarantee that we will successfully Process your Cashback (“Processing Failure”), it is understood that:

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6.14.1  a Processing Failure can occur for a range of reasons including and without limitation to instances where we do not receive a Commission for the Purchase from the applicable Merchant or if you have submitted incorrect Registration details; and

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6.14.2  in the event Funds are sent to an incorrect address due to a Processing Failure such Funds may not be recoverable and/or may be subject to a recovery fee should you request a recovery.

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6.15     we reserve the right to reclaim any Funds paid to you in error, including without and limitation to technical errors on our part;

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6.16     you acknowledge and understand that we will and do not at any point operate any form of custodial or banking service; therefore, the Cashback in your application Account are not owned by you until any Processing, where applicable is fully complete, and the legal title to any Funds only transfers to you after the Processing is complete and approved, and the Withdrawal amount is reflected in your Linked bank account or any other account;

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6.17     you are only entitled to request one Withdrawal in any 24-hour period; and

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6.18     we reserve the right to suspend Processing at any time without notice to you if we reasonably suspect fraudulent activity or any other illegal activity in relation to the use of the tuck. app pursuant to the transactions.

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7          Cashback Top Up

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7.1       From time to time, we may create and pass on Additional Rewards scheme. The Additional Rewards received in line with this scheme, even though it may be reflected in your Cashback Account will not be treated as Cashback and may if agreed within the terms of the scheme, be subject to withdrawal. The restriction in Clause 3.6 will still apply in line with tuck.’s Cashback scheme. These Additional Rewards are subject to approval by tuck. and it is entirely in tuck.’s discretion to provide such rewards.

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8          Managing your account

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8.1       You agree to keep your Account up to date with your current email address to ensure that you do not miss out on any important information regarding your Account and in support of proper Processing, on the understanding we are entitled to terminate your Account if the email address provided in your Registration is not serviceable.

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8.2       You shall be provided with some functionality in the tuck. app to manage your Account and Profile, through which you will be able to adjust and/or edit the use of ‘Push’ and ‘Email’ notifications and Location Sharing, on the understanding that you must not unsubscribe to service emails which we deem to be essential to use the tuck. app. Please refer to our Privacy Policy for detailed information on how we process your personal information.

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8.3       If you turn off your ‘Location Settings’ we will be unable to send you personalised cashback offers based on your location, as further detailed in our Privacy policy.

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8.4       You agree to ensure the username you use on the tuck. app is not offensive or used in any way which may represent any trademarks or brand names, on the understanding that if we detect any usernames contravening this provision we shall contact you and request that you update your username; and a failure by you to respond within 14 days from our contact, your Account may be terminated and any earnings thus far forfeited. Please refer to our Acceptable Use Policy for further information on what we deem acceptable use of the Platform.

 

8.5 You agree that in the event that you have not used or logged into the tuck.app within six months, tuck. reserves the right to close your account and forfeit any cashback earned thus far.

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9          Voucher codes

 

9.1       We do not guarantee that any voucher code (also known as a discount code or coupon code) for a Merchant product (“Voucher Code”) that is advertised on the Platform is valid and we shall not be held liable in any way whatsoever if a Voucher Code fails to apply a discount to your Purchase, and you agree that use of a Voucher Code in conjunction with a Cashback offer may result in us not Approving the Cashback and you failing to receive the Funds.

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9.2       In addition to the foregoing voucher codes whether obtained from the Platform but used in conjunction with a Cashback offer will likely result in your Funds not being Processed.

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10        Using the Platform

 

10.1     The Platform is for your personal and non-commercial use only.

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10.2     You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.

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10.3     We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative, risk and are responsible for compliance with local laws where they apply.

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10.4     We will try to make the Platform as accessible as possible, and if you have any difficulties using the Platform you should contact us using the contact details at the top of this page and we will attempt to reply within a reasonable time.

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10.5     As a condition of your use of the Platform, you agree to comply with our Acceptable Use Policy available here and agree not to:

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10.5.1  misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

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10.5.2  attempt to gain unauthorised access to our Platform, the server on which our Site is stored or any server, computer or database connected to our Site or the tuck. app.

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10.6     We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.

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11        Infringing content

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11.1     We will use reasonable efforts to:

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11.1.1  delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

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11.1.2  identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy, when we are notified, but we will not be responsible if you have failed to provide us with the relevant information.

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11.2     If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

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12        Your privacy and personal information

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12.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here (“Privacy Policy”), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

 

12.2 The tuck. app will provide the Merchant information about you but only subject to limited details of the first six letter of your name when verifying each transaction and its legitimacy. Other information is strictly confidential.

 

12.3 tuck. may from time to time use an affiliate programme which allows for your information to be shared with the affiliated members to identify and confirm transactions made in association with them. The affiliated members may list on the tuck. app which allows you to purchase from it.

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13        Ownership, use and intellectual property rights

 

13.1     The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (“Content”) are owned by us and our licensors.

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13.2     We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

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13.3     Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site, the tuck. app or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site , the tuck.app or the Content.

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13.4     Trademarks: are our trademarks or those of our Merchants or other partners. Other trademarks and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.

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14        The tuck. app restrictions

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14.1     If you download the tuck. app, you will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).

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14.2     You will be made aware of any terms and conditions that apply to the Software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.

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14.3     You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under the Consumer Rights Act 2015), your legal responsibilities when using the tuck. app, our legal responsibilities and any limitations on our legal responsibilities to you.

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14.4     The tuck. app is solely for your personal, non-commercial use.

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14.5     Using the tuck. app in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties and/or actions.

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15        Submitting information to the Platform

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15.1     While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.

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15.2     Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit subject and in line with the UK GRPR.

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16        Accuracy of information and availability of the Platform

 

16.1     We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

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16.2     We may suspend or terminate access or operation of the Platform at any time as we see fit.

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16.3     Any Content on the Site and information on the tuck. app is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites and Merchants that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform.

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16.4     While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.

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17        Hyperlinks and third party sites

 

The Platform may contain hyperlinks or references to third party advertising and websites other than the Site and the tuck. app. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site and is at your own risk.

 

18        Limitation on our liability

 

18.1     Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

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18.1.1  losses that were not foreseeable to you and us when these Terms were formed;

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18.1.2  losses that were not caused by any breach on our part;

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18.1.3  business losses; and

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18.1.4  losses to non-consumers.

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19        Events beyond our control (Force Majeure)

 

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

 

20        Rights of third parties

 

No one other than a party to these Terms has any right to enforce any of these Terms. No third party rights are allowed pursuant to the Third Party Rights Act 1999.

 

21        Variation

 

21.1     No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this Clause 21.

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21.2     We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

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22        Disputes

 

22.1     We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

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22.2     If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.

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22.3     You can submit your dispute to Comms ADR or any other ADR body decided by tuck. at the time by going to their respective website. Currently, Comms ADR is the ADR provider we use, subject to change and is approved by the government to provide ADR services.

 

22.4      The ADR procedure that will be used is arbitration, unless otherwise decided by tuck., however, prior to this, negotiations should be employed to resolve the issue first. If negotiation and arbitration fail to deliver an acceptable award for either parties, the last resort would be for litigation.

 

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22.5     The applicable law regarding any disputes will be governed by the laws of England and Wales and will apply to these Terms. If you intend to conduct court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms but this is subject to Clause 22.4.

 

 

PRECEDENT TERMS (To be added later on, as and when necessary):

 

You authorise that the data collected which is subject to tuck.’s cookies and privacy policy may be used for sale to advertising or other relevant third party companies as and when tuck. decides to. Should you intend for this not to happen, you may close your account and delete the tuck.app accordingly.