PLEASE READ THE FOLLOWING LEGAL INFORMATION (THE “AGREEMENT” OR “TERMS”) CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
(Last updated December 29, 2023)
By visiting this website or using the Service, as described below, and/or by using or by continuing to use the Service in the future, you acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by all of the terms and conditions herein. You also acknowledge that you have had an opportunity to review the Privacy Policy or that it has been made available to you, and that the Privacy Policy is expressly incorporated herein by reference. If you do not agree to all of the terms of these Terms and Conditions, then do not use the Service.
This Agreement constitutes a legally binding agreement between XenReviews., a UK-based organisation (“XenReviews”, “we” or “us”) and each individual (“you” or the “User”) who uses the Service, as described below.
These Terms and Conditions contain details about the relationship between you and XenReviews as it relates to your use of the Service. It is an express condition that you accept the terms of the Terms and Conditions in order to use the Service. By visiting this website or using the Service, you agree to these Terms and Conditions and that your use of this site and the Service is subject to these Terms and Conditions.
Service. XenReviews presents a wide range of online merchants and retailers (collectively, “Advertisers”) to our Users through the website www.XenReviews.co.uk (the “Website”) and an optional internet browser extension (the “Extension”) (“Software” refers to the Website and Extension, individually and collectively). When permitted by the terms of our relationship with an Advertiser, XenReviews will contribute a portion of the Commissions generated by a User’s Qualifying Activity (defined below) to the Carbon Offset project of that User choosing (collectively, with the Software, the “Service” or “XenReviews Service”).
License. Subject to this Agreement, XenReviews hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) for so long as you use the Service and adhere to these Terms and Conditions, to access this website, and to use the Service. You agree that you obtain no rights other than the rights and licenses expressly granted in these Terms and Conditions. As between the Parties, the Software, including without limitation the content, visual interfaces, interactive features, information, graphics, logos, design, compilation, computer code, products, software, services, and all other elements of the Software that are provided by XenReviews (“XenReviews Materials”) are owned and/or licensed by XenReviews. Except as expressly authorized by XenReviews, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Service or the XenReviews Materials. XenReviews may require updates to the Software from time to time, which may occur automatically when you use any part of the Service. XenReviews is not obligated to support the Software and may suspend or terminate this License and disable all or part of the Software at any time without notice. We reserve all rights not expressly granted in these Terms and Conditions. You shall not acquire any right, title, or interest to the XenReviews Materials, except for the limited rights set forth in these Terms and Conditions.
Fees. XenReviews does not charge any fee for using the Service. When you use the Service, XenReviews may earn Commissions (defined below) from Advertisers based on your Qualifying Activity (defined below). XenReviews retains a portion of these Commissions in order to operate the Service.
Policies. You agree to comply with these Terms and Conditions, and all other policies and rules as set forth in Service materials, including materials of Advertisers, anywhere in the Software or on an Advertiser’s website, as applicable (collectively, the “Policies”). The Policies, including any amendments or modifications that may be made from time to time, are hereby incorporated by reference into these Terms and Conditions. XenReviews may modify these Terms and Conditions or the Policies at any time. XenReviews will use its commercially reasonable efforts to post the updated Terms and Conditions and Policies as so amended promptly through the Software, and your continued use of the Service thereafter will constitute acceptance of any such amendment or modification. In addition, an Advertiser may amend its Policies on its website in its sole discretion from time to time, and such Advertiser’s Policies shall apply to any offer available from such Advertiser.
Third Parties. XenReviews is not an agent or partner any Advertiser. All Advertisers operate independently of, and are not under any control of, XenReviews with respect to the Service or otherwise. We are not responsible for the content, accuracy or opinions expressed on their websites, and such websites are not investigated, monitored or checked for accuracy or completeness by XenReviews. Inclusion of any linked website or Advertiser on this Website or through the Software does not imply approval or endorsement of the linked website or Advertiser by XenReviews. When you access third-party sites or Advertisers, you do so at your own risk. Always use caution and common sense.
User Obligations
Membership. All individual XenReviews Members must be at least 18 years old. Membership is not transferable and passwords shall be kept private. XenReviews reserves the right to refuse any User, Member or Advertiser.
No Unauthorized Use of the Service. You agree that you will not, and will not permit others to: provide any unauthorized third party with access to the Service or any XenReviews Materials by any means; modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of the Service; introduce into the Software any code intended to disrupt the Service, alter or delete any XenReviews Materials, access confidential XenReviews Materials or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Service.
Security. You will only allow use of the Service by authorized persons, and not by any network, expert system, electronic agent, “bot” or other automated means. Any use of the Service by a Registered User will be deemed to be use by the person who is the owner of the account associated with the Registered User. You will not permit any use of the Software that would damage, interfere with or unreasonably overload the Software. You acknowledge that XenReviews will not contact you to solicit your account information or any other personal information.
Compliance. Users are fully responsible for compliance with all federal, state, local and/or foreign laws, as well as rules and regulations applicable to the use of the Service and the information, content, material and services contained herein. By using the Service, you represent that you will comply with any such laws and regulations.
Third Party Content. You should be aware that content presented to you as part of the Service, including but not limited to advertisements and sponsored content, may be protected by intellectual property rights which are owned by the Advertisers who provide that content to XenReviews (or by other persons or companies on their behalf). The reproduction, distribution, transmission, display or use of such content is prohibited without the prior written consent of the owner.
Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice: discontinue transmitting all or any part of the XenReviews Materials related to the Service; change, discontinue or limit access to the Service or any functionality, feature or other component of the Service or Software; or suspend or terminate your use of or access to the Service upon giving you notice of such suspension or termination.
Advertiser Offers and Payment of Rewards
Plant Trees Rewards. As a result of your use of the Service you may be eligible to earn Carbon Offset Rewards™ (“Reward” or “Rewards”), a proprietary reward system managed by XenReviews to fund projects to plant trees on behalf of our Members. Advertisers may impose conditions or restrictions different from, or in addition to, those described by the Software or Service or in other promotional materials relating to a specific offer. XenReviews is not responsible for setting or maintaining the amount of the Reward offered by any Advertiser or for requirements of any Advertiser’s offer. Each Advertiser has reserved the right to change at any time, and without notice, the amount or percentage of any Reward it offers as well as the terms and conditions of any qualifying activity. You acknowledge that errors in the offer terms or conditions obtained through use of the Service may occur from time to time, whether caused by an Advertiser or otherwise, and XenReviews or the Advertiser will use its commercially reasonable efforts to promptly correct any such error, and you agree not to bring any action against us based on or related to such errors. Your continued use of the Service thereafter will constitute acceptance of such terms and conditions. XenReviews does not represent or warrant that any particular Advertiser will participate in the Service when you use the Service or at any time thereafter. For the purposes of this Agreement, a User’s activity using the Service is “Qualifying Activity” once all conditions of an Advertiser’s offer with respect to that purchase, including any applicable waiting periods, have been satisfied. A User must be a Member in order to earn Rewards. Users may only receive Rewards for Qualifying Activity completed by accessing an Advertiser through the Software. Some jurisdictions do not allow the exclusion or limitation of liability, so some of the above terms may not apply to you.
Notification of Rewards. You will be notified of your Rewards by the Software and may receive additional communications from us about your Rewards or information about your Rewards in your XenReviews account. Notification of Rewards is based on Advertiser’s delivery of eligible reward data. Generally, Rewards will be posted to your account within 15 days of notice to XenReviews from an Advertiser or their affiliate marketing network of your Qualifying Activity. However, we will not be liable for damages resulting from any failure to post Rewards to your account in a timely manner. You acknowledge and accept that you are solely responsible for checking your XenReviews account regularly to verify that Rewards have been properly posted. If you believe that a Reward has not been properly posted to your XenReviews account, then you must inform us within six (6) months of the qualified transaction for which you are claiming that a Reward should have been posted and must be able to provide proof of such transaction acceptable to us. XenReviews reserves the right, however, to determine, in its sole and absolute discretion, whether a Reward should have been posted to your account. You acknowledge that any such determination by XenReviews will be final and binding.
No Responsibility for Advertisers. You agree that XenReviews is not an agent of any Advertiser and that Advertisers operate independently of, and are not under the control of XenReviews, with respect to the Service, offers, transactions or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Advertiser will provide a Reward for any particular transaction even where such transaction would appear to qualify for such Reward under either XenReviews or the Advertiser’s offer terms or statements. We are not responsible for the failure of any Advertiser to pay Rewards in accordance with the terms of that Advertiser’s offer terms. Further, your participation in offers or promotions of, or correspondence with, any Advertiser is solely between you and that Advertiser. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Advertiser assumes any liability, obligation or responsibility for our conduct with respect to the Service. Qualifying Activity with participating Advertisers may not qualify if a separate coupon code or promotion is used. All offers are subject to the offer conditions as described in the applicable offer description for an Advertiser.
Earning Rewards. In the case of certain online Advertisers, the Advertiser has agreed to pay XenReviews Commissions when Users complete Qualifying Activity, such as purchasing goods or services from the Advertiser through the Software. Part of these Commissions are used to fund projects to plant trees as your Reward for using the Service. No Reward associated with any Qualifying Activity with an Advertiser will be earned by you unless and until the Advertiser has paid XenReviews. For your convenience, XenReviews may notify you of Pending Rewards through the Software (and may notify you by other means) prior to the payment of the associated Commissions to XenReviews. XenReviews reserves the right to cancel any Pending Reward in the event the applicable Advertiser does not make timely payment to XenReviews of the associated Commissions. XenReviews reserves the right to change any offer with respect to the amount of the Reward associated with any Advertiser at any time, but no such change will affect any Rewards earned prior to such change unless such change is due to an error in the applicable offer terms.
Canceling Pending Rewards. In our sole discretion, we may cancel Pending Rewards in order to make adjustments for returns and cancellations with respect to your Qualifying Activity. We reserve the right to cancel Pending Rewards and to bar further Rewards to, or terminate use of the Service if we believe, in our sole discretion, that any User is abusing or has abused the Service, including, without limitation, by engaging in a pattern of returning products after the corresponding Reward has been earned, by creating or attempting to create or participating in any market in Rewards, by promoting or encouraging abusive behavior by other Users, by engaging in or accepting any broad-based solicitation of Rewards, or by engaging in any other abusive or fraudulent activity related to the Service. The items above are provided as examples of unacceptable and prohibited usages and are not meant to be exhaustive or exclusive.
Miscellaneous
Termination; Expiration or Forfeiture of Program Accounts. These Terms and Conditions are effective when accepted by you, as described in the first paragraph of these Terms and Conditions, and will remain in effect and legally bind you and us until you or we terminate your use of the Service. You may terminate your use of the Service at any time in accordance with the procedures established on the Website from time to time. We may terminate these Terms and Conditions without cause immediately after notice to you of such termination.
Upon any termination of the Service or these Terms and Conditions, your right to use and access the Service and to receive Rewards will terminate. Subject to the limitations set forth in these Terms and Conditions, termination will not prejudice either your or our remedies at law or in equity.
The Parties’ rights and obligations under sections intended by their nature to survive including, without limitation, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this Agreement.
Certain Disclaimers; Indemnification.
- Disclaimer of Warranties.
THIS SERVICE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” XenReviews MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON BEHALF OF ITSELF NOR ON BEHALF OF ANY ADVERTISER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER XenReviews NOR ANY ADVERTISER, OR ANY OF THEIR RESPECTIVE THIRD PARTY VENDORS OR AGENTS, MAKES ANY WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION THAT OFFER TERMS WILL BE FREE OF ERRORS, AND DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADVERTISERS ARE SOLELY RESPONSIBLE FOR THE PRODUCTS AND SERVICES THEY OFFER, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY AND AVAILABILITY. XenReviews DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY AN ADVERTISER THROUGH THE SERVICE OR ANY LINKED SITE, OR FEATURED IN ADVERTISING ON THE SERVICE.
NEITHER XenReviews, NOR ANY OF THEIR RESPECTIVE THIRD-PARTY VENDORS OR AGENTS, GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY THIRD PARTIES. XenReviews DOES NOT VERIFY THE ACCURACY OF INFORMATION PROVIDED ON AN ADVERTISER SITE. RELIANCE ON SUCH INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY AND XenReviews WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING IN ANY WAY ANY TRANSACTION BETWEEN USERS AND ADVERTISERS.
- Exclusion of Certain Damages.
Neither XenReviews nor their respective third-party vendors or agents, will be liable for any damages, including indirect or consequential, arising from: any failure to screen Users of the Service; acts or omissions of any Users of the Service; materials posted by, or of, any party other than XenReviews, or any use thereof or reliance thereon; the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond the reasonable control of XenReviews, any Advertiser or their respective vendors, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
Indemnification.You agree to indemnify XenReviews and/or any Advertiser, as well as their respective officers, directors, employees, successors, contractors, third party vendors, agents, and affiliates, for any and all claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of these Terms and Conditions (including without limitation relating to a breach by you of Section 8). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. XenReviews reserves in its sole discretion the right to assume exclusive control over the defense and settlement of any matter which is subject to indemnification by you.
- Limitation of Liability.
NONE OF XenReviews, OR ANY ADVERTISER, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, THIRD PARTY VENDORS, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED IN THE SOFTWARE, OR (EXCEPT IN THE CASE OF THE APPLICABLE ADVERTISER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY ANY ADVERTISER IN CONJUNCTION WITH THE SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU FROM XenReviews AND/OR THEIR RESPECTIVE THIRD PARTY VENDORS OR AGENTS, FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE VALUE OR REWARDS EARNED BY YOUR USE OF THE SERVICE. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT WILL ANY OF SUCH PARTIES BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM THE CIRCUMSTANCES SPECIFIED IN SECTION 15(b) ABOVE.
You understand that by using this Website and the Service, you are subject to these Terms and Conditions set forth herein and accept and agree to be bound by all such terms and conditions.
If you do not agree to the terms and conditions herein, YOU MAY NOT use this Website and/or the Service.