Terms and Conditions

The Referrals Agency

Terms and conditions

  1. Definitions

The following terms when used in these Yontras End User Terms and Conditions, or any document referred to herein, shall have the following meaning. Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.

“Agreement” means these Yontras End User Terms and Conditions;

“Offer” means any of the individual offers comprised in the Marketplace;

“Marketplace” refers to the products and services listed on behalf of Rewards Partners and available for referrals by Agents and for redemption by customers via the relevant procedures detailed on the Website, consisting of information and advertising services, content and transaction capabilities provided by Yontras, Rewards Partners of Yontras, Agents and other third parties. Where applicable in this Agreement any reference to usage, receipt or provision of the Marketplace shall be deemed to include any access to and/or usage of the Website;

“Rewards Partner” means the provider of any Offer to the Marketplace;

“Referral Reward” means incentive given by the Rewards Partner to the Customer and the Agent for the successful Order. This could be in the form of cash, vouchers, free services or other rewards;

“Referrals Programme” means the referrals programme as operated by Yontras via the Website, consisting of the capabilities of the Agents to refer, promote and market, the Offers from Reward Partners listed on the Marketplace to potential Customers and Agents for a reward upon the redemption of the Offer, and the information and advertising services, content and transaction capabilities provided by Yontras, affiliates of Yontras, Reward Partners and other third parties.

“Agent” means an approved member of the Yontras Referrals Programme that is able and actively refers Offers to Customers;

“Customer” means a user of the Marketplace that redeems an Offer without signing up to become an Agent;

“Yontras ” means The Referrals Agency Limited, a company registered in England and Wales with registered office at 32 Cubitt Street, London WC1X 0LR, United Kingdom trading as Yontras;

“Membership” means the relevant levels of use of the Marketplace and Referrals Programme by Agents and Customers who have registered to the Website;

“Membership Fee” means the fee charged to Agents for the use of the Referrals Programme;

“Guest” means a Customer that makes an Order without registering for a Membership;

“Order” refers to any Offer as redeemed by the Agent or Customer from the Marketplace;

“Web” means the public internet;

“Website” means any of the websites operated by Yontras for the provision of the Offers, including, but not limited to www.yontras.com,  www.yontras.co.uk, www.thereferralsagency.co.uk and www.thereferralsagency.com.

“You” means you, the end user of the Marketplace, or the individual Offer. “Your” shall be construed accordingly.

 

  1. General

This Agreement sets out the terms and conditions that apply to the provision of the Marketplace by Yontras, and to any Order placed on the Website. You agree to fully comply with the Agreement by using the Website. You need to be 16 years or over to browse the Yontras Websites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Websites whether or not you’re a Membership.

You may only use this Marketplace if you are 18 years of age or older. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

 

  1. Registration

There is free Membership as a Customer. When you take on a Membership you get an account that is accessible from of our Website and you will get a username for use in the Referrals Programme. Your membership will allow you to redeem Offers on the Marketplace generally contribute to our ecosystem on Yontras that help people save and earn. Membership also gives you the opportunity to become an Agent and earn Referral Rewards.

There is a free Membership as an Agent and paid Membership for advanced levels which may be limited and are allocated at the discretion of Yontras. You are free to cancel the Membership at any time.

To register for Membership you must provide Yontras with information about you via the Yontras’s registration form. Yontras’s use of this information is set out in Yontras’s Privacy Policy, which can be found at http://www.yontras.com/privacy-policy.

You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, Yontras reserves the right to cancel your Membership without any further notice to you.

Registration requires a valid email address and a unique password. Please create a secure password: choose a password that uses a combination of letters, uppercase and lowercase, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use the necessary caution to keep your username and password confidential. If your username or password is subject to unauthorized access, you should immediately inform Yontras.

Your Membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Website including any activity that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password.

You must not share your username or password with any third party. Any unauthorized use must be reported to privacy@yontras.com as soon as you are aware of such use, and Yontras will, as soon as reasonably possible, cancel your user name and/or password and issue new login details to you.

Yontras may, for security or other reasons, require you to change your username and/ or password, or other information, which facilitates access to this Website or its services.

Yontras reserves the right to cancel your username and password without further notice if Yontras has reasons to believe that you have breached any of these Terms and Conditions.

You may redeem an Offer from the Marketplac as a Guest. Unless otherwise stated, these terms and conditions apply to Guests in the same way they apply to those with Memberships. Guests don’t receive a Yontras account, but can of course register for one at any time. If you buy items as a Guest, your access to our ecosystem will be limited.

 

  1. Charges and Payment

The Membership is free unless as an Agent Yontras offers you the chance to sign up for an advanced level, for which there will be a fee. In the latter case you will be charged the Membership Fee annually in advance for the next 12 months. Payment for all charges are payable upon registration or the relevant periodic payment date. The advanced level and the fees associated are explained further in the ‘Agent Terms and Conditions’.

Your Membership period begins on the date on which you register for the service and finishes on the day it is terminated.

 

  1. Marketplace Description

The Marketplace is where Offers can be found and redeemed by the Customer and Agents. These Offers are part of the Referral Programme and if Ordered, a Reward will be earnt as determined by the Rewards Partner.

 

  1. Offer Redemption

The Offer you redeem via the Marketplace is redeemable for the goods and/or services of a specific Rewards Partner. You acknowledge and accept that the Rewards Partner, not Yontras, is the seller of the goods and services and is solely responsible for providing any Offer you wish to redeem.

Your usage of Offers redeemed by you via the Marketplace shall be subject to the following additional terms and conditions:

(i) Terms and Conditions for All Offers

All Offers provided in the Marketplace are offered to you either with a Referral Reward attached or for a discount of the retail price and are subject to the terms and conditions of Referrals Programme, the Yontras site and the participating Rewards Partner.

Yontras shall retain full and final control over which Rewards Partners shall provide Offers in the Marketplace and participate in the Referrals Programme to the extent permitted by law.

(ii) This Agreement incorporates by reference the fine print and any additional terms and conditions set forth on the face of each Offer. In the event of any conflict between the terms and conditions expressly set forth in this Agreement and any terms and conditions set forth on the Offer itself, the express terms and conditions of this Agreement shall prevail.

(iii) The holder and issuer of an Offer is the Rewards Partner. As a holder and issuer of the Offer, the Rewards Partner is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Rewards Partner, as well as for any unclaimed property liability arising from unredeemed Offers. Offers are redeemable in their entirety only and may not be redeemed incrementally.

There is no issue of credit associated with any Offer unless otherwise required by law.

(iv) Reproduction, transfer or trade of an Offer is prohibited unless done so in compliance with the law and Yontras Terms and Conditions. Should a Customer or Agent attempt any of the above activities, Yontras retains the right to terminate the Membership without recourse to any refund of Membership fees paid if they were an Agent with the advanced level.

(v) Any attempted redemption not consistent with these terms and conditions will render the Offer null and void. Void to the extent allowed by law.

(vi) If you redeem the Offer for less than its face value, you will not be entitled to a credit, cash or a new Offer equal to the difference between the face value and the amount you redeemed, unless it is clearly stated as a Referral Reward by the Rewards Partner.

(vii) Offers may be applied only to merchandise sold by Rewards Partner, and may not be applied to shipping or handling charges.

Offers may not be combined with any other gift certificates, third party certificates, Offers, or promotions, unless otherwise specified by Rewards Partner.

(viii) Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

 

  1. Offer Delivery

Yontras will deliver the Offers redeemed in one of combination of the following methods:

  1. i) Mail the Offers via post at the customer mailing address provided at the time of the redemption of the Offer on Website. Any such delivery mechanism will be specified during the redemption on Website.
  2. ii) Phone redemption where Yontras will present a specific code and telephone number to the customer to redeem the Offer. Any such delivery mechanism will be specified during the redemption on Website.

iii) Link-based redemption where Yontras will offer a protected link within the Marketplace in order to help Customers redeem the Offer directly from their Accounts.

  1. iv) Email the Offer and a unique link to the customer email address provided at the time of the redemption of the Offer on Website. If the delivery mechanism stated in parts ‘i’ and ‘ii’ is not specified, it should be understood that Offers will be emailed, with a specific link to a static html page. 

Offers may have unique identification numbers or codes as specified by the Rewards Partner or the Referrals Prgramme. Authentication and uniqueness of the Offer in such section will be based on the type of service being redeemed, and Rewards Partner preference.  

 

  1. Cancellations and Refunds

Customers are free to cancel their Membership at any point during their annual Membership period.

Customers and Agents may lose access to the Reward benefits upon terminating their Membership. Upon termination of their Membership Yontras will notify any Rewards Partners providing an ongoing Offer as part of the Membership which may lead the Reward Partner to revoke the preferential pricing to the Customer or Agent who have terminated their Membership. This may mean that the Services setup with the Rewards Partner by the Customer will cease functioning or revert to an alternative price set by the Rewards Partner.

 

  1. Termination

These termination procedures apply to Customers of Yontras. Agents’ termination procedures are set out in the Agents Terms and Conditions.

Without prejudice to any remedy that Yontras may have against you, Yontras may terminate or suspend with immediate effect and without further notice your access to and use of this Website and your membership, if it:

  1. reasonably believes that you have breached any of these Terms and Conditions;
  2. is unable to verify the accuracy or validity of any information provided by you;
  3. suspects fraudulent, abusive or illegal activity by you.

Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, you may immediately discontinue to access or use this Website.

Customers may cancel their Membership by emailing us on referrals@yontras.com.

 

  1. Marketplace Availability

You acknowledge that interruptions in the Marketplace and/or other events may occur that are beyond the control of Yontras, and that Yontras shall not be responsible for any such interruption or any data lost while transmitting information on the Web or otherwise. While Yontras aims to make the Marketplace accessible at all times it may be unavailable from time to time for any reason including, but not limited to, routine maintenance. You acknowledge and accept that due to circumstances both within and outside of the control of Yontras, access to Marketplace may be interrupted, suspended or terminated from time to time.

 

  1. Changes to the Marketplace and Offers

Yontras shall have the right at any time to change or discontinue any aspect or feature of the Marketplace including, but not limited to, Offers, content, hours of availability and equipment needed for access or use. Further, Yontras may discontinue disseminating any portion or category of information, may modify or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Yontras reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to you. We will aim to give what we deem to be reasonable notice as such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this Agreement from time to time in order that you stay informed as to any such changes. If we make changes to this Agreement and you continue to use the Website, you will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon Yontras posting them on the Website. Any use by you of the Website after such notice shall be deemed to constitute acceptance by you of such modifications.

 

  1. Equipment, Account Management and Security

You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed to access and use the Website and you will be solely responsible for all charges related thereto. Yontras shall not be liable for any damage to your equipment resulting from your use of the Website.

You are required to create an account in order to use some parts of the Marketplace. This is required so we can provide you with easy access to print your Orders, view your past redemptions, modify your preferences, and to ensure permissible use of the Marketplace.

You are responsible for protecting the confidentiality of your password(s), if applicable.

 

  1. Your Use of the Website

You agree that your use of the Website will at all times be lawful. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Yontras’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Yontras’s sole discretion restricts or inhibits any other end user of the Website from using or enjoying the Website is strictly prohibited. You agree not to use the Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Marketplace to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Yontras.

You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make your Membership available to any third party, other than in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the service to process data on behalf of any third party Users; (c) modify, adapt, or hack the Website or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any sponsorship or association with Yontras, (e) use the Website, Marketplace or the Offers in any unlawful manner including, but not limited to, violation of any person’s privacy rights; (f) use the Website to send unsolicited or unauthorized junk mail, spam or other forms of duplicative or unsolicited messages;  (g) use the Websites to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Website in any manner that interferes with or disrupts the integrity or performance of the Website and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (j) use the Website to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (k) use the Website to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); or (l) try to use, or use the Service in violation of these Terms.

The foregoing provisions of this Section 13 apply equally to and are for the benefit of Yontras, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. Intellectual Property

All content located on or in the Website is the exclusive property of Yontras or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF YONTRAS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.

The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of Yontras protected by copyright. Yontras owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use or making referrals only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Yontras and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website shall not be deemed to be in the public domain but rather the exclusive property of Yontras, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Yontras, unless otherwise stated.

You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Yontras does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted Yontras the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant Yontras the right to edit, copy, publish and distribute any material made available on the Website by you.

The foregoing provisions of Section 14 apply equally to and are for the benefit of Yontras, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. No Warranties

You expressly agree that use of the service is at your sole risk. neither Yontras, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the service will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Website, or (ii) the accuracy, reliability or content of any information, Marketplace or merchandise provided through the Website.

The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

 

  1. Liability

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. you specifically acknowledge that Yontras is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

In no event shall Yontras, or any person or entity involved in providing the Referrals Programme, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Referrals Programme. You hereby acknowledge that the provisions of this section shall, without limitation, apply to all content in the Website.

Yontras shall not in any circumstances be liable (whether in contract, tort or otherwise) for loss or damage howsoever arising and of whatsoever nature (including, without limitation, any indirect or consequential loss or damage, loss of profits, loss of contracts, loss of data, loss of operation time or loss of use of any equipment or process) suffered or incurred by a Guest, Customer or Agent, or any of its employees or directors or any other third party by reason of the carrying out by Yontras of its obligations under this Agreement, save and to the extent that such loss or damage arises from the finally and judicially determined gross negligence or wilful default, fraud or material breach by Yontras of its obligations under this Agreement.

In addition to the terms set forth above, neither Yontras, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or lack of authenticity of, the information provided in connection with the Website, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

Yontras is not responsible for any content that you, another user, subscriber, or an unauthorized user may post on the website. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by Yontras. Furthermore, Yontras reserves the right to edit, change, alter, delete and prohibit any and all content that it deems unsuitable in its sole discretion.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Yontras, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of your use of the Website.

 

  1. Monitoring

Yontras shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Yontras, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Yontras shall have the right to remove any material that Yontras, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 

 

  1. Privacy

You acknowledge that all discussion for ratings, comments, bulletin board Website, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. Yontras does not control or endorse the content, messages or information found in any Community, and, therefore, Yontras specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you post to Yontras (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Yontras as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, you grant Yontras the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Yontras’s Privacy Policy. 

 

  1. License Grant

By posting communications on or through the Website, you shall be deemed to have granted to Yontras a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

 

  1. Termination

Yontras may terminate this Agreement and/or the provision of the Website at any time. Without limiting the foregoing, Yontras shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Yontras, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

 

  1. Third Party Content

Yontras, similar to any Web service provider, may distribute (and not a publisher) content supplied by third parties and End Users. Accordingly, Yontras has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Yontras. Neither Yontras nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its Rewards Partner’s ability or fitness for any particular purpose.

In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Yontras. Yontras neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Yontras by anyone other than authorized Yontras employee spokespersons while acting in official capacities. Under no circumstances will Yontras be liable for any loss or damage caused by your reliance on information obtained through Yontras. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Yontras.

The Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Yontras of the contents on such third-party sites and Yontras hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Yontras in its sole discretion reserves the right to revoke its consent to any link or any hyperlink to the Website from any other website, at any time.

 

  1. Miscellaneous

This Agreement, along with the terms and conditions set forth for the Agents and the terms and conditions set forth on the face of the Offer, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

This Agreement shall be governed by English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.