General Terms and Conditions Effective date: 12/06/2020
Use of Disco Website and Disco Services shall be governed by these Terms and Conditions. User must read these Terms and Conditions before using Disco Services or Website. Continued use of Disco Services or Website constitutes User's acceptance and consent to be legally bound by the Terms and Conditions. If User does not wish to accept and be bound by the Terms and Conditiosn, User is advised to discontinue use of Disco Website, its information, and Disco Services. 1. Definitions:
"Disco Toolbar Extension
" or "Software
" means the software application designed to work with the internet browser installed on the User's computer and including any versions, updates, patches or other modifications as may be installed from time to time;
" means the end user of the Disco Software and Services, individual of at least 18 years of age and resident in the UK or the EEA;
" means Get Disco Ltd, a company incorporated in England and Wales with the registered address at 2 Seething Lane, 7th Floor, London, England, EC3N 4AT;
" means an online store that offers goods and/or services on its website(s) and provides Discount to Users of Disco based on the affiliate advertising program;
" means cashback in the form of instant discount on the price of the products offered by Merchants to Disco User;
" means provision of Disco Toolbar Extension (including updates, amendments, patches, and revisions as may be provided by Disco from time to time) and enabling User to receive Discount at Merchants' websites;
" means Cardpay Ltd, a company incorporated in Cyprus, authorized by the Central Bank of Cyprus to operate as an Electronic Money Institution, issuing Virtual Card to User in accordance with these Terms and Conditions;
" means a virtual debit payment card issued by the Issuer to the User for performing payment transactions with Discount at Merchants' websites in accordance with the terms of these Terms and Conditions;
" means getdisco.com 2. General:
2.1. Use of Disco Services is governed by these Terms and Conditions. By accessing and using Disco Services, User accepts and agrees with these GTC. In case User disagrees with any provision of the GTC, User must discontinue the use of Disco Services immediately.
2.2. Terms and Conditions may be amended and changed without prior notice at the sole discretion of Disco. The effective version of Terms and Conditions shall be available to Users at Disco Website at all times. User's continued use of Website shall imply awareness and acceptance of the amendments and changes.
2.3. Disco Services enable User to purchase products on the Merchants' websites with Discount in accordance with the GTC.
2.4. In order to access and use Disco Services, User will be required to download and install Disco Toolbar Extension (Disco Software). User's rights and obligations regarding Disco Software are set forth in the End User License Agreement, incorporated herein by reference.
2.5. User undertakes to use Disco Services exclusively for bona fide retail purchases on Merchants' websites. Any use that is unlawful, misleading, or not expressly permitted by the GTC is prohibited. Disco reserves the right to terminate User's account and provision of Services at any time without prior notice in case User fails to comply with the provisions of Terms and Conditions.
2.6. User shall comply with Terms and Conditions and other documents incorporated herein by reference. User shall use Disco Website and Services only as expressly permitted hereunder and in a way that does not limit or inhibit third parties' right to use the Website. 3. Setting up Disco Account:
3.1. Subject to the acceptance of Terms and Conditions and other documents incorporated herein by reference, in order to have access to Disco Services, User must create Disco account and install Disco Toolbar Extension.
3.2. During account registration, User will be required and undertakes to submit information for the purpose of providing Disco Services, including name, contact details (email and mobile phone number) and payment information; User will further be required to complete know-your-customer (KYC) procedure, submitting information and documents for identifying and verifying User's identity. User hereby undertakes to submit valid and accurate information and documents to Disco.
3.3. Disco may apply varying KYC requirements to User in accordance with the User's spending limit specified for each level of User identification:
(i) For Level 1 account, the User shall be required to provide first and last name; date of birth; confirmed email address; confirmed mobile telephone number. Level 1 account shall have the spending limit of EUR 150 per month;
(ii) For Level 2 account, the User shall be required to provide first and last name; date of birth; confirmed email address; confirmed mobile telephone number; proof of residence; government-issued ID. Level 2 account shall have the spending limit of EUR 10,000 per month.
3.4. Disco reserves the right to change its KYC requirements and/or account spending limits in its sole discretion. Disco is further entitled to request additional information or documents.
3.5. User shall provide payment information that shall be linked to Disco account of User, including User's debit/credit card, which shall be further use for making payment transactions at Merchants' websites. User must submit details of a valid card issued in the User's name. It is the responsibility of User to update the details of User's debit/credit card, if necessary.
3.6. Each User may register a single Disco account. Registering multiple Disco accounts for a single User is prohibited. 4. Use of Disco Services and Payment for User's Purchases:
4.1. Upon successful registration of Disco account and in order to commence use of Disco Services, User shall download and install Disco Toolbar Extension. Subject to completion of the installation and enabling applicable functionality in the internet browser, Disco Toolbar Extension will appear in the User's internet browser as a toolbar or an icon.
4.2. Disco will inform User of availability of Discount in the web browser or on the Merchant's website. When the User enters Merchant's URL or searches Merchant's website via a search engine, Disco Toolbar Extension will cause information on available Discounts to appear in the form of information bar or other alert message indicating the availability of Discount on Merchant's products.
4.3. User must click on "Activate Discount" bar or other alert message displayed by Disco Toolbar Extension in order to be eligible for the indicated Discount. User will then be redirected to the Merchant website through the Disco's Website and shall only be eligible for the indicated Discount on purchase made during that browsing session. For avoidance of doubt, in case User fails to follow the instructions provided herein, Discount may not be provided to User.
4.5. After successful activation of Discount as set out herein, User will be able to complete the purchase of the selected product with Discount applied; User may then proceed to the checkout page in order to pay for the purchase.
4.6. User may not use Disco Services to make multiple purchases at Merchant's website within a short period of time; such actions may cause the account to be identified as fraudulent and may lead to rejection of Discount to User or to account suspension or termination.
4.7. Disco reserves the right to investigate User's transactions on Merchant's websites. In case Disco identifies in its sole discretion any abusive or fraudulent use of Disco Services, Disco shall be entitled to terminate User's Disco account.
4.8. User expressly agrees that the only cashback provided through Disco Services shall be in the form of Discount. Disco shall not provide any other cashback or payouts other than as expressly provided for herein.
4.9. User may receive Discount only on the price of the product purchased at Merchant's website. Any other fees or charges incurred in connection with the purchase (e.g. shipping, tax, gift-wrapping, extended warranty, or other additional charges) are expressly excluded from Disco Services and shall not qualify for Discount.
4.10. In case amount paid for purchase is refunded to User for any reason whatsoever, User shall receive the refund of amount paid for the product (i.e. price of the refunded product with Discount) to the debit/credit card linked to Disco account. Product returns and refunds shall be governed by the terms and conditions of the respective agreement between User and Merchant. 5. Virtual Card:
5.1. User shall submit all information and documents and shall follow the respective instructions for issuing of Virtual Card by Issuer. Subject to compliance with the foregoing, Virtual Card will be issued to User for performing payments with Discount at Merchants' websites. User shall receive the details of Virtual Card by text message(s) at the mobile telephone number provided for that purpose, including a card number, expiration date, and a CVV. Delivery, activation, and use of Virtual Card shall be subject to the respective terms and conditions determined by the Issuer.
5.2. Virtual Card must be used as a form of payment for User's purchase at Merchant. Virtual Card may be used exclusively in connection with Disco Services and for transactions contemplated herein; User may not use Virtual Card for any other transactions or payments to other merchants.
5.3. Upon termination of Disco account and/or termination of Disco Services for any reason whatsoever Virtual Card shall become inactive and may no longer be used.
5.4. During the checkout process, User shall enter the details of Virtual Card as the payment information required by Merchant for completing the purchase. The provision of Discount to User is subject to the use of Virtual Card as a payment method for the purchased product.
5.5. User will authorize crediting the debit/credit card linked to User's Disco account with the Discounted payment amount. Upon authorization of the payment by User, User's debit/credit card will be charged for the transaction amount. The transaction will not be completed and User will not be eligible for Discount if User's debit/credit card has insufficient balance of funds. 6. Warranty and Liability
6.1. Any products purchased by User at the Merchant's website are purchased directly from Merchant and not from Disco. Merchant shall be solely responsible for all customer related issues regarding Merchant's products and services purchased by User and subject to transactions contemplated herein. Disco does not offer any warranty and shall not be responsible for the sale, delivery, or quality of the products, or any other aspect of Merchants' businesses.
6.2. Disco is not responsible for the contents or functionality of Merchants' websites or any other third party websites accessed by User through the use of Disco Services. Disco shall not be liable for any technical failure of any Merchant's or third party's website, including, without limitation, failures leading to Discount cancellation or User's data loss.
6.3. Disco shall not be liable to User for any changes in the affiliated programs or the complete removal or withdrawal of any Merchant store from such affiliated program. Disco is not responsible for any program changes or Merchant's decisions affecting availability of Disco Services at Merchant's store.
6.4. Disco Services provided on "as is" basis and with no warranty regarding Disco Website or Services, including its accuracy, completeness, availability, or timeliness. To the maximum extent permitted by applicable law, Disco disclaims all warranties or representations, express or implied, regarding Disco Website or Services. Disco provides no guarantee that use of Disco Services will be free of errors or interruptions; Disco further disclaims any liability for omissions, deficiencies and errors, even in case of gross negligence.
6.5. In no event shall Disco be liable for any damages, including without limitation direct, indirect, special, incidental, consequential, punitive or exemplary damages, financial losses, expenses and lost profits, arising in connection with use of, inability to use and/or access to Disco Website or Services. 7. Intellectual Property rights
7.1. Disco and/or its licensors own the copyright for the content of Disco Website including, but not limited to trademarks, logos, graphics, designs, texts, images, products and services offered by Disco.
7.2. User may not modify, publish, reproduce, transmit, transfer, distribute, present or use the content of Disco Website or Services in any other way for commercial purposes.
7.3. User may copy, print and store information obtained from Disco Website for personal use only provided User complies with the following conditions:
- Such personal use must not violate third parties' intellectual property rights;
- User clearly and distinctly indicates Disco as the source of information;
- The user explicitly states, if the information has been modified in any way. 8. Termination of Disco Account and Services:
8.1. User may terminate its Disco account at any time, provided there are no outstanding obligations to Disco.
8.2. Disco may terminate User's account and access to Disco Services at any time in its own discretion and without prior notice to User.
8.3. Disco reserves the right to suspend or terminate User's Disco account and/or access to Disco Services at any time without prior notice to User in case: (i) User is in breach of any provision of Terms and Conditions; (ii) Disco has reasonable suspicion that User is involved in fraud or abuse of Disco Services; or if User provides any information that is false or misleading. 9. Miscellaneous:
9.1. Use of Disco Website and Services shall be governed by the applicable laws and regulations of England and Wales.
9.2. User shall not be entitled to transfer or assign any of its rights under these Terms and Conditions to any other party without the prior written consent of Disco, which may be withheld for any reason whatsoever or for no reason. Any transfer or assignment that contravenes this provision shall be invalid. The rights and obligations of Disco under these Terms and Conditions may be assigned, in whole or in part and in the sole discretion of Disco and without prior consent of User.
9.3. Failure on behalf of Disco to enforce due performance of any provision of Terms and Conditions shall not be construed as a waiver of any provision or right, nor shall the same serve as a limitation on the availability of any remedy available to Disco.
9.4. If any provision of Terms and Conditions is deemed invalid or unenforceable by any court or other governmental authority, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Terms and Conditions, as may be modified or amended from time to time, constitute the entire agreement between Disco and User with respect to Disco Services.
9.5. User may submit any questions or complaints to Disco using Disco's contact form at https://getdisco.com/