Terms & Conditions
Revised: 20 March, 2011
SummaryThe legalese is below but in short you are agreeing to the following. Please note that any discrepancy between this summary and the formal legal part will be governed by the legal wording below.
1. IntroductionAsterion Software Ltd. is an Irish registered business (company number 417116) whose registered office is at Glenacre Lackenroe Glanmire Co. Cork.
The company operates the website and platform mycardmanager.co.uk ("The Website"). Please read these Terms and Conditions carefully before using the website or creating an account.
By accessing any part of this Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full, do not use the Website.
1. Asterion Software may revise these Terms and Conditions at any time with or without notice to you. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding to you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
Asterion Software shall provide the account management facilities to you in accordance with and subject to these Terms and Conditions. "You" means either (1) a user of the website at the domain name www.mycardmanager.co.uk. ("Website") (whether or not a registered user) not being a Minor, or (2) a parent, guardian, or educational supervisor that has allowed a Minor to visit or use the Website. In case (2) you will be held responsible for the acts of the Minor. "Minor" means any person under the age of 18, (Minors must seek the permission of their parent, guardian, or educational supervisor to use the Website).
2. These Terms and Conditions form the basis of the contract between you and Asterion Software ("Contract") for supply of the Account Management Services.
2. User Licence1. You are licensed to access and use this website solely for personal purposes in accordance with the Terms and Conditions.
2. Use for commercial purposes and any republication of the website or content on it is strictly prohibited.
3. You must be of a legal age to enter a binding contract to accept these terms. If you are not of such an age you must not use the site or create an account.
3. Consumer Rights1. You may cancel your account at any time through the methods provided on the website.
2. Cancellation may result in the loss of any points collected on the various cards you may hold and in your ability to redeem them.
4. Asterion Software's ObligationsWhilst Asterion Software will use reasonable endeavours to ensure continued availability of the Website, Asterion Software does not warrant or guarantee such availability will be uninterrupted or error free. Such availability does not include downtime arising from either scheduled outages or events that are beyond the reasonable control of Asterion Software.
5. Charges and PaymentThere is no charge for accessing the Website.
6. Website ContentAll intellectual property rights in and relating to the Website, the content displayed on the Website (other than contributions of users) is the property of Asterion Software and/or its licensors. All rights reserved.
7. Intellectual Property and Indemnity1. All intellectual property rights in the content and images on the Website are the exclusive property of Asterion Software unless expressly acknowledged otherwise.
2. No use may be made of intellectual property and copyright material unless expressly authorised by Asterion Software Ltd. in writing.
8. Programs, Points and ValueAsterion Software Ltd. provides the means and technology to businesses to operate their Programs. It does not specify or control the Terms, Conditions or Policies of those programs and businesses and encourages you to examine the Terms, Conditions and Policies of the business and program before deciding to register or use the card in a particular business. "Program" may refer to any use of a card by a business including but not limited to Reward Programs, Loyalty Programs, Gift Cards, Savings Clubs etc.
1. The operation of any Program is governed by the Terms and Conditions of that scheme as agreed between you and the operating business.
2. No terms within any Program agreement shall be taken to confer obligations on Asterion Software Ltd.
3. The operator of any individual Program may close or change the scheme according to the Terms and Conditions of that scheme. Any remaining points or value gathered by you within that scheme shall not be redeemable by Asterion Software Ltd.
4. Asterion Software Ltd. does not at any time hold or control value you may have provided to a business (for instance in purchasing a Gift Card). Any issues with the value must be resolved with that business according to the terms and conditions of their program.
9. Limitation of Liability1. Condition 9 sets out the entire financial liability of Asterion Software in relaton to your use of this site and the services.
2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
3. Asterion Software will not be held liable to redeem or otherwise reimburse you for any perceived or express value to points held on a card, either through technical error, action or inaction of Asterion Software or through action of the points issuer.
4. Nothing in the Contract limits or excludes the liability of Asterion Software: (a) for death or personal injury resulting from negligence; or (b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Asterion Software.
5. Subject to Condition 10.d: (a) Asterion Software shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits, business, goodwill, contract, anticipated savings, use and/or similar losses; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) Asterion Software's total liability in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to an amount equal to the total charges paid by you under the Contract in the period of 12 months considered retrospectively from the date of the relevant cause of action (or, if shorter, since the Commencement Date).
10. Data ProtectionAsterion Software warrants that, to the extent it processes any Personal Data on your behalf: (a) it shall act only on your instructions; and (b) it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
1. Asterion Software uses an advanced "cloud" cluster to operate the Website and store the data associated with it. The distributed nature of this system may require your information to be passed outside the EU. You expressly agree to this when signing up for an account. 2. We archive our database at regular intervals. Even if your data is removed from the live database it may remain in the archives. You agree that such archives may be retained.
11. Termination1. Without prejudice to any other rights or remedies which Asterion Software may have, Asterion Software may terminate the Contract and your access to the website without liability and without notice.
2. No refunds shall be provided to you upon termination.
12. Disclaimer of Liability1. With respect to documents or media available through the Website, neither Asterion Software nor any of its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product, or process disclosed.
2. Asterion Software is not responsible for any unauthorised use of your account or liable for any losses incurred as a result of use of the Website by you or others.
13. Links to and from other WebsitesLinks to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Asterion Software has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Asterion Software therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
14. Force MajeureAsterion Software shall have no liability to you under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Asterion Software or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
15. General1. Unless provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
2. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
3. Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
4. You will not, without the prior written consent of Asterion Software , assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
5. Asterion Software may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
6. Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
7. The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.