Terms & Conditions on MyBigMoneyTree

Table of content

1. GENERAL PROVISION

2. BECOMING A MEMBER AND REGISTERING ON THE WEBSITE 

3. USING INFORMATION ON OUR WEBSITE

4. MEMBER CONDUCT

5. MBMT'S PROPERTY RIGHTS

6. AVAILABILITY OF SERVICES 

7. LINKING TO OR FROM OUR SERVICES

8. TERMINATION/CANCELLATION 

9. COPYRIGHT INFRINGEMENT POLICY 

10. DISCLAIMER OF WARRANTIES

11. LIMITATIONS OF LIABILITY

12. INDEMNIFICATION

13. CHOICE OF LAW AND VENUE

14. COPYRIGHT AND TRADEMARK NOTICE

15. PATENTS/INTELLECTUAL PROPERTY

16. PRIVACY POLICY

17. USER CONTRIBUTIONS

18. MISCELLANEOUS TERMS

19. BIGGEST SAVER PAYMENT

20. RECOMMEND A FRIEND PROGRAMME


1. GENERAL PROVISION

Welcome to MY BIG MONEY TREE Ltd (“MBMT”). By accessing and using the MBMT website (www.mybigmoneytree.co.uk) (“Website”) and associated MBMT services made available or accessed in any manner whatsoever, including but not limited to by means of a computer, cellular telephone, personal digital assistant or any other apparatus (collectively “Services”), you are agreeing to the following Terms of Use (“Terms of Use”). MBMT is owned and run by My Big Money Tree Limited, our address is Suite C, Lower Road, Garsington, Oxford, OX44 9DP, company registration number 07255973. MBMT is also registered under the Data Protection Act No Z2714560. We encourage you to review these Terms of Use, along with the Privacy Policy (Section 16 Privacy Policy), which is incorporated by reference, as they form a binding agreement between MBMT and you. In addition, because MBMT may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website.  Please note that the changes become effective immediately at the time of posting. Remember that these Terms of Use apply only to the Website and to matters related to MBMT, and do not apply to the content or services of third parties. Subscription to the Services is void where not in accord with these Terms of Use.

MBMT is not responsible for any problems or technical malfunction of any computer, handset manufacturers’ equipment, telephone service, telecommunications carriers, or failure due to technical problems or traffic congestion on the Internet or combination thereof.

In addition, when using particular Services, you and MBMT shall be subject to the Additional Terms and any posted guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If any terms contained in these Terms of Use conflict with any terms contained within such guidelines or rules, or the Additional Terms, then the provisions of this agreement (“Agreement”) shall control. 

If you have any questions regarding the use of the Website please refer first to the Help Section. All other questions or comments about the Website or its contents should be directed to the MBMT “Contact MyBigMoneyTree” link on our Website.

NOTE:

We make every effort to ensure that the information on our Website is correct but we cannot guarantee that it is free of inaccuracies, errors and omissions.  

The contents of the Services, such as text, graphics, images, and other material published to you through this Service are for informational purposes only. The Services are provided on an “AS IS” basis.

We urge you to conduct your own research prior to making any decisions relating to information available on our Website or purchasing any of the products or services referred to on our Website to ensure the accuracy and relevance of the information, and its possible impact on you and others with respect to whom you are making decisions. To the full extent permitted by law we make no warranties of any kind, whether express or implied in relation to any goods or service purchased from us or any third party referred to on our Website.

All actions taken by you on our Website are your responsibility and we cannot make any guarantees that any information is correct or be held liable for any actions based on the product and pricing information provided.  We do not provide any financial advice on our Website.

While we work to ensure that product information is correct, on occasion manufacturers may alter their images. Neither MBMT  nor the merchants assumes any liability for inaccuracies or misstatements about deals or vouchers. Reliance on any information provided by the Services, MBMT and/or its licensors is solely at your own risk.


2. BECOMING A MEMBER AND REGISTERING ON THE WEBSITE

(a) Accessing the Site and Becoming a Member. THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THIS WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD. While there may parts of the Website that are available only to individuals who become members and get access to membership and services, there is no cost to view certain non-restricted areas on our Website or use our non-fee based services. If you are merely surfing or browsing through the Website and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. The specific Services available to you will vary depending upon whether you register as a member and choose to use our membership or service, and log-in. Your use of the Services may also be subject to additional terms outlined elsewhere in this Agreement (the "Additional Terms"). Please review these Additional Terms as they also form a binding part of our agreement with you. Once you register with us as a MBMT member, we consider you a "member" of the MBMT community. Your membership and password are only valid for your personal, non-commercial use of the Services.

(b) User Information. When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, address, user name, postcode, date of birth, telephone number, e-mail or other electronic address, and applicable billing information (collectively, "User Information"). Please review our Privacy Policy (Section 16: Privacy Policy) for clarification on how we may use User Information and other information that you may provide or submit while using the Website and our Services.

For your part, you agree that all User Information that you provide to us or post on the Website is complete, accurate and up to date. You will notify us of any changes to User Information. If you fail to update your User Information or if all or part of your User Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Website and Services, without refund to you of any fees paid.

Without limiting any of the foregoing, you are responsible for ensuring that the e-mail address  you submit to the Website as part of your registration and during the course of your membership is valid and that the services, software or systems you use to access your e-mail ("e-mail Systems") do not block or filter MBMT communications. Please note that your work e-mail may be subject to additional limitations placed on its use by your employer. We ask that you use your personal e-mail address when registering as a member. If you choose to register with your work e-mail, or use an e-mail System that interferes with the delivery of MBMT communications, we may not be able to provide you with certain Services.

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, User Information, IP address and traffic information, usage history, and content you have posted on the Website.  Our right to disclose any such information shall govern over any terms of our Privacy Policy (Section 16: Privacy Policy).

YOU ARE RESPONSIBLE FOR PROVIDING COMPLETE, CORRECT AND ACCURATE DATA AND INFORMATION, AND CHECKING THAT SUCH DATA AND INFORMATION REMAINS CORRECT.

(c) Your Sign-In Information. During the registration process you will provide us with a unique e-mail address. We will also ask you to create a password. Because any activities that occur under your e-mail address or password are your responsibility it is important for you to keep your e-mail address and password secure. Notify us immediately if you believe that someone has used your e-mail address or password without your authorisation. 

(d) Communications. From time to time we will send you communications, in keeping with our Privacy Policy (Section 16: Privacy Policy) and as otherwise permitted in these Terms of Use. Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of e-mail Systems that may use filtering or blocking techniques that are intended to block e-mail. MBMT is not responsible for the actual delivery or your actual receipt of these communications.


3. USING INFORMATION ON OUR WEBSITE

(a) Accuracy of Information. MBMT posts information on vouchers, deals, pictures, media and other information online. Merchants and other businesses are continuously updating and revising this information. While we do our best to keep this information, vouchers, deals, pictures, media and other information current, there will be times when the information posted will be outdated. Prices, availability, date of vouchers, suitability of vouchers and deals and all other information (even whether or not the merchant or business is even in business anymore) are not guaranteed for accuracy. Whether or not you decide to visit or purchase product from any company displayed on our website is up to you.

The Website does not warrant any information displayed nor do we guarantee your satisfaction in any way. MBMT is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials by suppliers presented. We always encourage you to call the merchants to verify information.  See also: Disclaimer of Warranties, Limitation of Liability, and Indemnification.

(b) Intent to Purchase or the Purchase of Product. Your decision to contract with or place any online orders, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such decisions or transactions, is solely between you and the suppliers thereof (or third-party company). You agree that MBMT shall not be liable for any costs, loss or damages you may incur resulting from your decision (or intention) to do business with any company and/or merchant, directly or indirectly. The Website does not guarantee your satisfaction in any way from use of our Website. See also: Disclaimer of Warranties, Limitation of Liability, and Indemnification.

(c) Grant of Licence. We (or our licensors) grant you a non-exclusive, revocable, non-transferable licence to use our Website software (“Software”) for the purpose of using the Service. Using the Service and our Website allows you to obtain information held on our Website or from the websites of third party providers. When you use the Service, you may cause our Software to send a request to the third party providers for information regarding goods and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our Software, you do so on your own behalf and that you have not appointed us to act as your agent.  We simply make our Service and Software available to you by which you may access such third party sites.


4. MEMBER CONDUCT

(a) Community Guidelines. The Services might contain areas that enable members of the community to vote and/or review vouchers or deals and other information (“Review Tools”). When you use the Review Tools, you may have the opportunity to disclose, post, or otherwise upload to publicly accessible portions of the Services, or share with other members and website visitors, information and other content, including but not limited to biographical information and stories. While we may provide you with these tools and opportunities, we also wish to remind you that you should choose carefully which information you post on the Services and that you provide to other members.

You are required to use the Review Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the content that you post or send through the Services. We have established some “Community Guidelines” that we hope will increase your awareness of your responsibilities to others when using the Review Tools and will enhance your enjoyment of our Services. These Community Guidelines are incorporated by reference into these Terms of Use. We may update these Community Guidelines from time to time.  In addition to your adherence to the Community Guidelines, you specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United Kingdom or the country you reside in.

The following Community Guidelines apply to and govern your use of the communication tools available to you: 

  • Contribute responsibly;
  • Treat others in both the user community and the Merchants with respect;
  • Let us know if you come across content that you find offensive, possibly unlawful, or that you believe otherwise violates these Community Guidelines;
  • Don't upload, post, e-mail, transmit or otherwise make available ("Provide") any content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Don't provide any content that encourages a criminal offence or violates the rights of any party;
  • Don't impersonate anyone else or misrepresent your affiliation with a person or entity;
  • Don't participate in any unauthorized or unsolicited promotions, advertising, ’junk mail‘, ’spam‘, ’chain letters‘, ’pyramid schemes‘ or any other form of solicitation, or otherwise use the website for a commercial purpose;
  • Don't violate any applicable local, state, national and international law or regulation;
  • Don't provide any correspondence from MBMT or another party without such party's permission;
  • Don't interfere with, interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
  • Don't harass others;
  • Don't try to gain unauthorized access to the Services, other members' accounts, or computers connected to the Services; and
  • Don't post telephone numbers, street addresses, last names, URLs or e-mail addresses in content that is publicly accessible on the Services.

(b) Monitoring and Enforcement. We do not actively monitor the Review Tools or the content that is posted or provided through such tools, nor are we obligated to do so. Since we do not do so, and may not have the ability to, control or actively monitor the content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Services, you may be exposed to content that you find offensive or objectionable. You can Contact MyBigMoneyTree via the “Contact MyBigMoneyTree” link on our Website to let us know of content that you find objectionable.  We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Website that exposes you to something that you are uncomfortable with.  Under no circumstances will we be liable in any way for any content, 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, access to, or denial of access to any content.


5. MBMT'S PROPERTY RIGHTS

The Services (and all of the material that they contain) are owned by MBMT or its third party licensors/merchants (as the case may be) and is protected by intellectual property and other laws throughout the world. Nothing found on the Services may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of MBMT. In addition, the trademarks, logos and service marks displayed on the website are the property of MBMT or its licensors. If you are aware of material on the Website that infringes copyright, please Contact MBMT through the Copyright Infringement Policy process, which is described below. 

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SERVICES IS PROHIBITED.

Nothing contained in the Terms of Use or in the materials on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of MBMT or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. 


6. AVAILABILITY OF SERVICES

MBMT does not provide you with access to the Internet or the equipment necessary to access the Internet or the Website or Services. You are responsible for the fees charged by other parties to obtain access to our Website and/or Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Website and/or Services. From time to time MBMT may modify, suspend or discontinue any of the Services without notice to you. MBMT shall not be liable to you for any modification, suspension or discontinuance of Services. MBMT may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of e-mail messages, review postings or other content that can be sent through our Services and the number of days that these items will be retained on our systems. MBMT has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.



7. LINKING TO OR FROM OUR SERVICES

7.1 You cannot link to our Services without our prior written consent. While our Services may have links to the websites and services of other companies and parties, MBMT has no control over those websites or services. MBMT is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites and services. MBMT is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
6.2 Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through any of the services contained on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) MBMT shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on www.mybigmoneytree.co.uk, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Website are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.  Any dispute or dissatisfaction with the quality of any products, services, information, or other material purchased or obtained by you through our website will be exclusively between you and the provider of such products services, without recourse to MBMT.

7.3 MBMT may provide, or third parties may provide, links to other World Wide Web sites or resources or newsfeeds from a variety of sources.  Because MBMT Limited has no control over such sites, newsfeeds and resources, you acknowledge and agree that MBMT Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advice, content, advertising, products, or other materials on or available from or within such sites, newsfeeds or resources. You further acknowledge and agree that MBMT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site, newsfeed or resource. You agree to recognise the appropriate copyright restrictions applicable to content appearing in newsfeeds or on third party websites.

7.4 A third party and other service providers will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone and you must only use any functionality offered by the Service or Website that does not put you in breach of those terms and conditions. You must also only use any functionality offered by the Service or Website in such a manner that it does not put you in breach of those terms and conditions.



8. TERMINATION/CANCELLATION

You may terminate your registration at any time by contacting us using our “Contact MyBigMoneyTree” link on our Website. If you have a dispute with us relating to the Website or the Services, you may cancel your registration on the Website or cease use of the Services. The cancellation of your membership or ceasing all use of our Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request. From time to time certain members do not comply with the terms and conditions in the Terms of Use. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership. Upon any termination or cancellation of your membership, we may immediately deactivate or delete your membership and all related information and/or bar any further access to your membership or information. Any cashback earned will be paid out at MBMT’s discretion.


9. COPYRIGHT INFRINGEMENT POLICY

MBMT has established the procedure outlined below to address alleged copyright infringement on the Website or with respect to the Services. If you believe that your work has been copied and has been posted to the Website or otherwise used with respect to the Services in a way that constitutes copyright infringement, you may provide MBMT with notice of your complaint by providing MBMT's Managing Director (through the "Contact MyBigMoneyTree" link on our Website) with the following information in writing:

(a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(b) identification of the copyrighted work that you claim has been infringed;

(c) identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit MBMT to locate the material;

(d) your name, address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To be effective, your notification must be in writing and include the above information. After receiving a notification, MBMT will process and investigate the notification and will take appropriate actions under applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the requested information set forth above, MBMT will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MBMT will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material. 

If you are subject to a notification, you may provide us with a counter notification by providing contacting MBMT through "Contact MyBigMoneyTree" link on our Website, and marking your notification for the attention of the MBMT Managing Director, including the following information in writing:

(a) your physical or electronic signature;

(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of England and that you will accept service of process from the person who provided the initial notification of alleged infringement. 
Upon receipt of a proper counter notification, MBMT  will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it. 


10. DISCLAIMER OF WARRANTIES

10.1 YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FOR GENERAL INFORMATION AND INTEREST ONLY AND IS SUBJECT TO CHANGE WITHOUT NOTICE. MBMT DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE AND/OR SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND MBMT  MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS. MBMT DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.MBMT DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON WWW.MYBIGMONEYTREE.CO.UK TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES.

10.2 The provisions of this Section 10 shall survive termination of these Terms of Use.


11. LIMITATIONS OF LIABILITY

11.1 YOUR USE OF THE WEBSITE AND/OR SERVICES IS ENTIRELY AT YOUR SOLE RISK. MBMT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICES, EVEN IF MBMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.2 If notwithstanding clause 11.1, MBMT is held liable to you by a court of competent jurisdiction for losses arising out of our breach of these terms and conditions and/or our negligence in relation to your use of our Website, you agree that our liability to you is capped at £50 (subject to the following paragraph).

11.3 MBMT does not exclude or in any way limit liability for fraud, death or personal injury caused by our negligence or any liability to the extent the same may not be excluded or limited as a matter of law.

11.4 The provisions of this Section 11 shall survive termination of these Terms of Use.


12. INDEMNIFICATION

12.1 You shall indemnify and hold harmless, and at MBMT's request defend, MBMT, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website and/or Services, your submission, posting or transmission of information or content, or any breach of your obligations set forth in this Agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

12.2 The provisions of this Section 12 shall survive termination of these Terms of Use.


13. CHOICE OF LAW AND VENUE

13.1 The Terms of Use, your access and use of the Website and/or Services and the relationship between you and MBMT is governed by the laws of England, without giving effect to its conflict of law provisions.

13.2 MBMT and you both agree to submit to the personal and exclusive jurisdiction of the courts of England.

13.3 You are responsible for complying with local laws, if and to the extent local laws are applicable.

13.4 Notwithstanding the foregoing, MBMT shall have the right to commence and prosecute any legal or equitable action or proceeding before any English court of competent jurisdiction to obtain injunctive or other relief in MBMT ' sole discretion.

13.5 Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.6 The provisions of this Section 13 shall survive termination of these Terms of Use.


14. COPYRIGHT AND TRADEMARK NOTICE

Website and its contents Copyright © 2011 MBMT Limited. All rights reserved. MBMT, www.mybigmoneytree.co.uk, and all the brands of other MBMT products and services shown herein are the trademarks or registered trademarks of MBMT Limited. Other trademarks belong to their respective owners. The provisions of this Section 14 shall survive termination of these Terms of Use.


15. PATENTS/INTELLECTUAL PROPERTY

15.1 THE ALGORITHMS USED FOR VARIOUS OPERATIONS ON THE MBMT WEBSITE ARE PATENT PROTECTED, (PATENT NUMBER 1108541.2) INCLUDING THE RECOMMEND/REFER A FRIEND SERVICE WHERE CASH REWARDS ARE PAYABLE TO MEMBERS ON MULTIPLE LEVELS.

15.2 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the ’look and feel‘ and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, (subject to Clause 15.4) information content on the Website or accessed as part of the Service (including, without limitation), any database operated by us, Software and all the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and Software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

15.3 None of the material listed in Clause 15.1 may be reproduced or redistributed without our prior written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

15.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or third party and may be protected by applicable copyright or other law. These Terms of Use give you no rights to such content.

15.5 The provisions of this Section 15 shall survive termination of these Terms of Use.


16. PRIVACY_POLICY

Go to Privacy Policy.

17. USER CONTRIBUTIONS

17.1 Where you are invited to submit any contribution to MBMT (including any information, text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant MBMT a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in MBMT’s Privacy Policy. If you do not want to grant to MBMT the rights set out above, please do not submit your contribution to MBMT.

17.2 In addition, by submitting your contribution to MBMT you warrant that your contribution is your own original work and that you have the right to make it available to MBMT for all the purposes specified above; that your contribution is not defamatory; and does not infringe any law; and you agree to indemnify MBMT against all legal fees, damages and other expenses that may be incurred by MBMT as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on compaeringfood.com and the purposes specified above.

17.3 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you (including, without limitation, comments posted by you as part of the merchant review Service) ; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.


18. MISCELLANEOUS TERMS

18.1 Our relationship is not one of agency or partnership and neither you nor MBMT  shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services.

18.2 You may not assign or transfer your rights to any third party. We may assign our rights and obligations under these Terms of Use. This Agreement will inure to the benefit of MBMT's successors, assigns and licensees.

18.3 The terms and conditions in these Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18.4 If MBMT Limited fails to enforce any provision of these Terms of Use it shall not constitute a waiver of such provision. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

18.5 These Terms of Use may be modified only by MBMT posting changes to these Terms of Use on the Website. Each time you access the Services, you will be deemed to have accepted any such changes on the Website in effect at the time of access.

18.6 Unless expressly provided in this Agreement, no term of this Agreement are enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

18.7 These Terms of Use, any Additional Terms below, the attachments thereto, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same, whether oral or in writing.

18.8 No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms of Use except as expressly stated in these Terms of Use. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform under these Terms of Use) and that party's only remedies shall be for breach of contract as provided in these Terms of Use.

18.9 Unless otherwise stated within these Terms of Use, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or pre-paid post to the User at the address supplied to www.mybigmoneytree.co.uk or to its address as specified on the Website. Notices may not be given by SMS (text) messages.

18.10 The provisions of Clauses 5, 9, 14, 16, 17, 18.2, 18.4, 18.8, and 18.9, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Use.


19. BIGGEST SAVER PAYMENT

19.1 Each week MBMT pays out one hundred pounds to a MBMT “Biggest Saver” member who saves the most money using the MBMT website.The definition of the “Biggest Saver” is a member who uses MBMT merchant vouchers to save money from the MBMT website and the affiliation fee is paid by the merchant to MBMT as cleared funds. 

23.2 The competition runs every Monday at 12.01 am until Sunday 12.00 am, each week.

19.3 Whatever member has saved the most money using vouchers conditional that MBMT has received cleared merchant affiliation fee funds between the competition week hours, that member will automatically receive a one hundred pound payment to their MBMT account. In the event that two or more members have saved equal amounts, the one hundred pound payment will be equally divided between the two or more winners.

19.4 The winner will be notified via e-mail.


20. RECOMMEND A FRIEND PROGRAMME

20.1 These Terms & Conditions govern your participation in the MBMT Recommend a Friend Programme. By participating in The Programme you accept, and agree to, the content of these Terms & Conditions. We reserve the right to change these Terms & Conditions at any time and it is your responsibility to check regularly. This does not affect your statutory rights.When a MBMT member recommends a friend, they will receive 20% from MBMT on all the cash rewards that recommended friend (User B) receives from merchants.In addition, If User B recommends a friend (User C), MBMT will pay user B 20% on all the cash rewards that recommended friend (User C) receives and 20% to user A of what user B receives. We pay out cash rewards upto a maximum of seven levels/tiers.

20.2 Recommended customers must be new to MBMT. And those recommending must be UK based. They must use your Recommend a Friend Programme email when signing up. You will need to have a valid email address registered on your account because all communication from us in respect to The Programme will be by email. You can change your contact email address by signing into Your Account and clicking on "Change Your Email Address".The Programme is subject to an approval process. We will let you know in your “Forrest” account section  when a new customer places an order using your or your recommended friends Programme Code. We reserve the right to alter, modify, suspend or terminate this Programme at any time without notice. 

This offer is only open to original recipients of a Refer a Friend e-mail from an existing MBMT member. Only members joining MBMT for the first time and who do not have a member account at the time the refer a rriend e-mail is sent will be eligible.

Residents outside the UK are excluded from participation in MBMT Refer a Friend promotion. Referrals by members from the UK referring friends from outside the UK will not be processed.
This offer cannot be used in conjunction with any affiliate offer. Members who have received a Refer a Friend invitation but joined using an affiliate link will not be eligible.

For a member to view their recommendations in the account section, the member must have at least five recommendations, either directly or indirectly through other members in their recommendation group.
To qualify for the cash rewards, members or their recommended friends must make a purchase from a merchant using our code or voucher. Twenty percent of the fee received from the merchant will go to purchaser. 

There is no maximum amount of money that can be awarded as a cash reward for joining MBMT through our refer a friend programme.

The minimum threshold for payments from your MBMT account to your bank account or Paypal account will be £25.00. 

MBMT can at any time suspend or void this promotion for any reason at our absolute discretion. Any liability from MBMT to you shall immediately cease upon you being informed of such action. In the event of any dispute, the decision of MBMT management will be final and binding.

MBMT reserves the right, in its absolute discretion, to exclude you from the promotion and from the MBMT website if it believes you have tried to benefit from this promotion by engaging in fraudulent activity that indicates referrals are not made in good faith but for the purpose of abusing the terms and/or spirit of this promotion. In such instance, you shall not be entitled to participate in the promotion and MBMT shall not be obliged to prove a reason to you for such exclusion.