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Platform Terms

1          About our terms

1.1       These terms and conditions of use (“Terms”) 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 person accessing or using the Platform (“you” or “your”).

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.

 

1.3       If you download the tuck. app from the Google App Store or Android App Store (each and collectively the “tuck. app” or “Software”, as applicable), separate terms and conditions will apply in addition to these Terms, as set out here.

1.4       Our Privacy Policy shall govern how we will process any of your personal information, as set out here. (“Privacy Policy”).

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

2          About us

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 Kemp House, 152-160 City Road London, London, London, England, EC1V 2NX.

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

3          The tuck. app.

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

3.1       The tuck. app can be downloaded from either the Apple or Google Play Store;

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 a applicable), it being understood that you can link multiple bank accounts (“Registration”);

3.3       Following Registration you can use the tuck. app to search for businesses that are listed and 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 or in-store, and you will be able to pay for your purchase using your Linked card (each and collectively “Purchase”, as applicable);

 

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

3.5       You will be notified of your cashback earnings that have become payable to you based on your Purchase in accordance with the procedure we communicate on the tuck. app for the particular Merchant from time to time (each and collectively “Rewards Plan”, as applicable) in the balance indicator in your Profile (each and collectively, “Cashback” or “Funds”, as applicable);

3.6       After a minimum of £5 (five pounds sterling) Available Cashback has been accumulated in your Account you will be entitled to request a Withdrawal it being understood that any payment of your Cashback to your Linked bank account will be made via BACS; and

3.7       In consideration of and exchange for your use of the tuck. app, we shall retain 20% (twenty percent) 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”);

4          Membership and usage of the tuck. app

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.

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

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 being understood that in such case 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):

6.1       every Purchase is a direct purchase with a Merchant;

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

6.3       when you make a Purchase, it will be tracked using ‘Open Banking Technology’ to allow 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 being understood that our ‘Open Banking Technology’ must successfully identify the Purchase transaction between you and the Merchant (“Identification”);

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;

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

6.6       if the Merchant you make a Purchase from offers a returns or exchange policy or similar under which you are entitled to return the product of your Purchase (each and collectively the “Products”, as applicable) after your Purchase (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 being understood that your Cashback will receive the status ‘pending cashback’ within the tuck. app until such point;

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

6.8       after our Processing and if you have accumulated £5 or more of Available Cashback, 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”);

6.9       you will only be entitled to make a Withdrawal if we have the details necessary 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;

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

6.11     we will decline your Cashback if all or part of your Purchase order is returned, amended or cancelled, it being 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;

6.12     If you notify us that an 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;

6.13     our decision is final in relation to the Approval;

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 being understood that:

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

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 if you request a recovery;

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

6.16     you acknowledge and understand that we will at no point operate any form of custodial or banking service, so the Cashback in your application Account are not owned by you until any Processing where applicable is fully complete, so that legal title to any Funds only transfers to you after the Processing and your Withdrawal are complete and you have taken possession of the Funds in your Linked bank account;

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

6.18     we reserve the right to suspend Processing at any time without notice to you if we reasonably suspect fraudulent activity has taken place.

7          Cashback Top Up

7.1       From time to time, we may pass on additional rewards to the Cashback where that is included in the Merchant’s Cashback Terms or where we are offering a separate rewards scheme (“Additional Rewards”), and if you are successful which such a scheme your Additional Rewards will be reflected in your Account, and these Terms will apply to such Additional Rewards as if they were Cashback, and it being understood that any such Additional Rewards are only available if approved by us in writing and in our discretion.

8          Managing your account

8.1       You agree to keep your Account up to date with your current email address to make sure you do not miss out on any important information about 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.

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 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.

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.

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 may result in your Account being terminated and any earnings forfeited. Please refer to our Acceptable Use Policy for further information on what we deem acceptable use of the Platform.

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.

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

10        Using the Platform

 

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

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.

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 and are responsible for compliance with local laws where they apply.

10.4     We try to make the Platform as accessible as possible, and if you have any difficulties using the Platform you should please contact us using the contact details at the top of this page.

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:

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

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.

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

11        Infringing content

11.1     We will use reasonable efforts to:

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

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 cannot be responsible if you have failed to provide us with the relevant information.

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.

12        Your privacy and personal information

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.

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.

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.

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 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 or the Content.

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.

14        The tuck. app

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’).

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.

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.

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

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.

15        Submitting information to the Platform

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.

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.

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.

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

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.

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.

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:

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

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

18.1.3  business losses; and

18.1.4  losses to non-consumers.

19        Events beyond our control

 

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.

 

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 16.

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.

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.

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.

22.3     You can submit your dispute to [insert name of ADR provider] by going to [insert website link]. [Name of ADR provider] is the ADR provider we use and is approved by the government to provide ADR services.

22.4     If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

22.5     Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.