This United Kingdom Membership Agreement (“UKMA”) is made between

PARTIES 1) Lyoness Europe AG incorporated and registered in the Canton of St Gallen Switzerland under Company Register Number CH 170.3.026.427-4, whose registered office is at Bahnhofstrasse 22, CH-9470 Buchs Switzerland (“Lyoness”) and

2) the person identified in the Registration Form (“MotoGP™ Cashback Program Member”)

BACKGROUND: This agreement should be read in conjunction with the annexed General Business Terms and Conditions (GTCs) for MotoGP™ Cashback Program Members. The MotoGP™ Cashback Program is a trading scheme within Part XI Fair Trading Act 1973. This UKMA contains information and terms that Lyoness as Promoter is required to give participants pursuant to the Trading Scheme Regulations 1997.

1. INTERPRETATION
1.1 The defined terms set out in Appendix 1 to the annexed GTCs for MotoGP™ Cashback Program Members and the following rules of interpretation apply in this agreement.

1.2 Clause, schedule and paragraph headings will not affect the interpretation of this agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person‘s legal and personal representatives, successors and permitted assigns.

1.4 The schedules, the background and appendices form part of this agreement and will have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the schedules, the background and the appendices. References to clauses and schedules are to the clauses and schedules of this agreement.

1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6 A reference to writing or written includes faxes and e-mail.

2. COMMENCEMENT, MEMBER’S CAPACITY AND GENERAL BUSINESS TERMS
2.1 This agreement will commence on the date of its signature by the MotoGP™ Cashback Program Member unless Lyoness rejects the MotoGP™ Cashback Program Member by notice within fourteen (14) days of such commencement.

2.2 The MotoGP™ Cashback Program Member warrants to Lyoness that he is at least 18 years old on the date of signature of this agreement.

2.3 Lyoness may fulfil its obligations under this agreement through Lyoness UK or any other subsidiary.

2.4 The annexed GTCs form part of this agreement, including the defined terms. In the case of any conflict between the GTCs and this UKMA, this UKMA will prevail.

2.5 Lyoness will have the right to make reasonable changes to the GTCs from time to time provided that such changes either:
(a) do not significantly reduce the benefits or significantly increase the burden of this agreement for the MotoGP™ Cashback Program Member or
(b) are required by law or regulation or
(c) are reasonably necessary as a consequence of external circumstances.
Any such variation will be published on the Site and Lyoness will also alert the MotoGP™ Cashback Program Member by email to such variation which will take effect thirty (30) days after such email.

3. PAYMENT FROM MEMBER
3.1 Membership of the MotoGP™ Cashback Program is free of charge and a MotoGP™ Cashback Program Member is not obliged to make any payment to Lyoness at any time except in respect of Purchases he decides to make. Further a MotoGP™ Cashback Program Member will not make payments to Lyoness exceeding £200 until at least seven (7) days have expired from the date the MotoGP™ Cashback Program Member signs the Registration Form. Any payment to Lyoness that a MotoGP™ Cashback Program Member wishes to make will be made to the Lyoness bank account detailed on the Registration Form.

3.2 The above is the full extent of any financial obligation on the part of a MotoGP™ Cashback Program Member during the period of 12 months from the commencement date of this agreement.

3.3 A MotoGP™ Cashback Program Member agrees to comply with this UKMA and the GTCs in all respects.

4. MEMBER’S RIGHT TO CANCEL
4.1 Within fourteen (14) days of signing the Registration Form, the MotoGP™ Cashback Program Member may cancel this agreement without penalty by giving written notice to Lyoness in accordance with Clause 9.

4.2 In the event of such notice being given:
(a) the MotoGP™ Cashback Program Member will be entitled to a refund in full of any monies paid to either of the Promoters or any other MotoGP™ Cashback Program Member in connection with his participation in the MotoGP™ Cashback Program and such refund will be paid to the MotoGP™ Cashback Program Member’s bank account within twenty one (21) days of such cancellation;
(b) the MotoGP™ Cashback Program Member may return to Lyoness UK any Vouchers, any Lyoness Vouchers or any other goods the MotoGP™ Cashback Program Member has purchased within fourteen (14) days of signing this agreement from either of the Promoters or any other MotoGP™ Cashback Program Member and which remain unsold, provided that such unsold goods remain in the condition they were in at the time of purchase, whether or not their external wrappings have been broken, and neither the Promoters nor any other person who has supplied the goods will be entitled to make any handling charge in respect of such returned goods and the price paid for such goods will be refunded by payment to the MotoGP™ Cashback Program Member’s bank account within twenty one (21) days of such return;
(c) apart from the operation of the MotoGP™ Cashback Program which is free of charge to MotoGP™ Cashback Program Members, the Promoters do not provide services to MotoGP™ Cashback Program Members and accordingly the MotoGP™ Cashback Program Member’s right to cancel services purchased from the Promoters cannot arise; and
(d) the MotoGP™ Cashback Program Member will immediately and without further notice cease to be a MotoGP™ Cashback Program Member.

5. TERMINATION
5.1 The MotoGP™ Cashback Program Member may terminate this agreement at any time without penalty by giving fourteen (14) days’ written notice to Lyoness in accordance with Clause 9.

5.2 Without prejudice to any other rights or remedies which it may have, Lyoness may terminate this agreement at any time without liability to the MotoGP™ Cashback Program Member :
(a) on giving eight (8) weeks’ written notice to the MotoGP™ Cashback Program Member; or
(b) immediately on giving written notice to the MotoGP™ Cashback Program Member if the MotoGP™ Cashback Program Member commits a breach of any of the following terms of this agreement and of the GTCs: Clause 2.2 of the UKMA and Clauses 2.3, 2.4, 2.5, 3.3, 3.4 and 10.3 of the GTCs. Any such notice will be in accordance with clause 9.

5.3 In addition and without prejudice to the right of Lyoness to terminate this agreement in accordance with clause 5.2 above or otherwise, Lyoness may by notice require a MotoGP™ Cashback Program Member in breach of contract to rectify such breach within fourteen days of such notice and if he fails to do so, Lyoness will have the right to terminate the contract with immediate effect, by notice in accordance with clause 9.

5.4 In the event that the either party terminates the contract in accordance with clauses 5.1, 5.2 or clause 5.3, the MotoGP™ Cashback Program Member will immediately cease to be a MotoGP™ Cashback Program Member and the provisions of the GTCs dealing with termination will apply.

6. RIGHT TO RETURN GOODS TO PROMOTER ON TERMINATION
If this agreement or any agreement entered into in consequence of this agreement is terminated, the MotoGP™ Cashback Program Member will have the right to be released from all future contractual obligations and to return to either of the Promoters or any other MotoGP™ Cashback Program Member at Lyoness UK Limited, 12-14 Mason’s Avenue, London EC2V 5BT any goods the MotoGP™ Cashback Program Member has purchased from them under the MotoGP™ Cashback Program within a period of 90 days prior to such termination and which remain unsold and to recover from the Promoter or such other MotoGP™ Cashback Program Member who supplied the goods:
(a) where the MotoGP™ Cashback Program Member has terminated the agreement, the price (inclusive of VAT) which the MotoGP™ Cashback Program Member paid for them less (i) in the case of any goods the condition of which has deteriorated due to an act or default on the part of the MotoGP™ Cashback Program Member, an amount equal to the diminution in their value resulting from such deterioration and (ii) a reasonable handling charge;
(b) where either of the Promoters (or any other MotoGP™ Cashback Program Member) has terminated the agreement the price (inclusive of VAT) which the MotoGP™ Cashback Program Member paid for them together with any costs incurred by the MotoGP™ Cashback Program Member for returning the goods to the Promoter or any other MotoGP™ Cashback Program Member;
(c) on terms whereby the purchase price is payable upon delivery of the goods or, if the goods are already held by either of the Promoters, forthwith; and
(d) on terms whereby the goods not already held by either of the Promoters will be delivered within 21 days of such termination at the Promoter‘s expense to the address stated in the agreement.

7. RECOVERY OF COMMISSION
If this agreement or any agreement entered into in consequence of this agreement is terminated, the MotoGP™ Cashback Program Member will be entitled to retain any commission paid under the MotoGP™ Cashback Program unless:
(a) the commission was paid in respect of goods returned to either of the Promoters or another MotoGP™ Cashback Program Member who paid the commission;
(b) the Promoters have refunded all monies due to the MotoGP™ Cashback Program Member under this agreement in respect of goods returned to the Promoters by the MotoGP™ Cashback Program Member;
(c) the commission payment is claimed within one hundred and twenty (120) days of the date of having been made; and
(d) the Promoter has entered into an agreement with the MotoGP™ Cashback Program Member that complies with the requirements in regulation 5 of the Regulations and that agreement and any subsequent agreement contains a statement describing when commission becomes repayable to the Promoters and the terms upon which recovery of that payment may be made; and
(e) the Promoters recovers the commission payment in accordance with the terms referred to in sub-clause (d) above.

8. ENTIRE AGREEMENT
8.1 This agreement consists of this UKMA, the Registration Form and the GTCs annexed to it. These documents form the entire agreement between Lyoness and the MotoGP™ Cashback Program Member and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.

9. NOTICES
9.1 Any notice required to be given under this agreement, will be in writing in English and will be delivered or sent by email to each party required to receive the notice at its address as set out below: (a) if to Lyoness: Lyoness Europe AG, c/o Lyoness UK Limited, 12-14 Mason’s Avenue, London EC2V 5BT, or if by email to uk-service.motogp@cashback.net; (b) if to the MotoGP™ Cashback Program Member: to the postal address or the email address shown for the MotoGP™ Cashback Program Member in the Registration Form or to such other address specified by the relevant party by notice in writing to the other party.

9.2 Any notice will be deemed to have been duly received: (a) if delivered personally, when left at the address referred to in this clause; or (b) if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; (c) if delivered by commercial courier, on the date and at the time that the courier‘s delivery receipt is signed; or (d) if sent by email, twelve (12) hours after it is sent.

9.3 The provisions of this clause 9 shall not apply to the service of any process in any legal action or proceedings.

10. VAT AND SALES TAXES
All payments made by and benefits received from Lyoness are inclusive of VAT and sales taxes (if any). 

GENERAL BUSINESS TERMS AND CONDITIONS FOR MOTOGP™ CASHBACK PROGRAM MEMBERS

Amended: March 2017

Preamble
Lyoness Europe AG, a company registered in the Canton of St. Gallen, Switzerland, under Company Register Number CH 170.3.026.427.4 (Lyoness) operates the MotoGP™ Cashback Program that enables a MotoGP™ Cashback Program Member (“MotoGP™ Cashback Program Member”) to receive MotoGP™ Cashback Card Benefits (“MotoGP™ Benefits”) by making a Purchase from a Loyalty Merchant. A MotoGP™ Cashback Program Member’s contract is with Lyoness and is subject to these General Business Terms and Conditions for MotoGP™ Cashback Program Members (GTCs). In the United Kingdom, Lyoness is represented by Lyoness UK, a company registered in England and Wales, under Company Number 6932198.

Any term or condition that appears in italics can be found in Appendix I, a glossary of defined terms. These GTCs are legally binding.

1. Object of the Contract
1.1. A MotoGP™ Cashback Program Member’s Purchases are recorded under the MotoGP™ Cashback Program. A MotoGP™ Cashback Program Member can use one of three different methods to make Purchases:
MotoGP™ Cashback Card
Loyalty Merchant Vouchers
• Online Shop accessed via Lyoness’ online platform.

See Clause 4.3 for more information on the methods for recording Purchases.

1.2. In accordance with these GTCs, a MotoGP™ Cashback Program Member is authorised to participate in the MotoGP™ Cashback Program and to receive MotoGP™ Benefits. A MotoGP™ Cashback Program Member is not entitled to obtain financial gains through the recommendation of the MotoGP™ Cashback Program to other shoppers and the resulting registration of new MotoGP™ Cashback Program Members. A MotoGP™ Cashback Program Member is not authorised to recommend the MotoGP™ Cashback Program to companies (see Clause 3.4.4).

2. Basis of the Contract
2.1. Upon acceptance by Lyoness of an application to register, the applicant will become a MotoGP™ Cashback Program Member and receive a personal, non-transferable Membership ID. This entitles him to participate in the MotoGP™ Cashback Program (though does not constitute membership of an association, see Clause 17.2).

2.2. In order to complete the contract, a MotoGP™ Cashback Program Member must apply to be registered using a MotoGP™ Cashback Card Friendship Flyer or online registration form provided by Lyoness.

2.3. A MotoGP™ Cashback Program Member warrants that the information that he has provided to Lyoness is correct and indemnifies Lyoness against any accuracies in this information. A MotoGP™ Cashback Program Member undertakes to inform Lyoness without undue delay of any changes to the personal data provided at the time of registration (in particular address, e-mail address, bank account details, telephone number etc.).

2.4. Each natural person or legal entity is only permitted to register once (i.e. only one Membership ID). For registration, a MotoGP™ Cashback Program Member must enter a home or business address (registered office). If a MotoGP™ Cashback Program Member attempts to register more than once with the aim of obtaining extra MotoGP™ Benefits, Lyoness reserves the right to terminate the contractual relationship with good cause and revoke any MotoGP™ Benefits obtained in this manner. If a MotoGP™ Cashback Program Member registers more than once, the most recent Membership ID shall be deleted and any MotoGP™ Benefits shall be revoked.

3. Legal Relationship

3.1. Participation in the Loyalty Programme is a MotoGP™ Cashback Program Member’s sole responsibility and is legally independent of Lyoness. Participation by a MotoGP™ Cashback Program Member in the MotoGP™ Cashback Program constitutes only a contractual relationship between the parties; nothing in any agreement between a MotoGP™ Cashback Program Member and Lyoness shall render a MotoGP™ Cashback Program Member an employee, servant, worker, agent, shareholder or partner of Lyoness (and in particular these agreements shall not constitute membership of any association).

3.2. A MotoGP™ Cashback Program Member is entitled only to receive MotoGP™ Benefits. A MotoGP™ Cashback Program Member is not entitled to any remuneration extending above and beyond this. A MotoGP™ Cashback Program Member is not entitled to the reimbursement of any expenses.

3.3. A MotoGP™ Cashback Program Member is not authorised to represent Lyoness in any way and must not make representations regarding the MotoGP™ Cashback Program when discussing it with other MotoGP™ Cashback Program Members; likewise, he must not take as fact any such representations made by other MotoGP™ Cashback Program Members. A MotoGP™ Cashback Program Member is not entitled to receive money or collect funds on behalf of Lyoness. In the event of any breach of this Clause 3.3 Lyoness may terminate the MotoGP™ Cashback Program Member’s contract forthwith and with good cause.

3.4 Participation in the MotoGP™ Cashback Program does not result in any form contractual relationship between the MotoGP™ Cashback Program Member and Dorna Sports, S.L., Principe de Vergara, 183, 28002 Madrid, Spain or any of its affiliated companies.

3.5. Without prior written consent from Lyoness, a MotoGP™ Cashback Program Member is not entitled to:

3.5.1 use logos, writing, trademarks, slogans, domains, other symbols and similar content from Lyoness, a Loyalty Merchant or companies affiliated with Dorna;

3.5.2 create business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, brochures, websites, advertising material, bulk emails, mail shots, homepages or any similar media concerning Lyoness or the MotoGP™ Cashback Program, to distribute them in written or electronic form or in any other miscellaneous manner or to make them publicly accessible (e.g. on internet sites such as Facebook or YouTube);

3.5.3 organise and run events, such as information events, workshops, seminars, etc., concerning Lyoness or the MotoGP™ Cashback Program; or

3.5.4 introduce retailers, wholesalers, other miscellaneous traders, or other companies which offer goods or services for final consumers, including fuel stations, franchisees and department stores as Loyalty Merchants or MotoGP™ Cashback Program Members, to conduct negotiations or preliminary discussions or to pursue advertising campaigns of any kind, in particular on the premises or in the vicinity of such a company.

4. MotoGP™ Cashback Program
4.1. By making a Purchase from a Loyalty Merchant, a MotoGP™ Cashback Program Member acquires MotoGP™ Benefits in accordance with these GTCs. The MotoGP™ Benefits and their respective conditions are described in more detail in Clause 8.

4.2. To be able to grant MotoGP™ Benefits, Lyoness enters into contracts with Loyalty Merchants. Current Loyalty Merchants and the associated MotoGP™ Benefits are listed at MotoGP-Cashback.com.

4.3. A MotoGP™ Cashback Program Member can use one of the follow methods to record his Purchase:

4.3.1 MotoGP™ Cashback Card;

4.3.2 Voucher; see Clause 6 for more information on the use of Vouchers; or

4.3.3 Online Shop; to make a Purchase from an Online Shop, a MotoGP™ Cashback Program Member should

4.3.3.1 log in at MotoGP-Cashback.com using his access data and then select the Online Shop of his choice, or

4.3.3.2 access the Online Shop from another online channel provided by Lyoness to record purchase data.

To enable the Purchase to be recorded, a MotoGP™ Cashback Program Member must make sure that cookies are enabled and that advertisement or script blockers are disabled during the Purchase process. See Clause 5 for more information on shopping online.

4.4. For the methods described under Clauses 4.3.1 and 4.3.3, the Loyalty Merchant sends all Purchase and/or billing data to Lyoness for the calculation of the resulting MotoGP™ Benefits. The same procedure applies to Clause 4.3.3 in the case of a Voucher bought from a Voucher Selling Point. If the Voucher is bought from Lyoness, Lyoness records this data and uses it to calculate the MotoGP™ Benefits.

5. Online Shopping
5.1. The MotoGP™ Cashback Program Member is recommended to read the Online Shopping section in the FAQs at MotoGP-Cashback.com.

5.2. The MotoGP™ Cashback Program Member is entitled to withdraw from an online purchase without cause within 14 days (cancellation period under the Consumer Contracts Regulations). For Vouchers and other online Purchases, this period begins on the day on which the MotoGP™ Cashback Program Member takes possession of the item in question.

5.3. For a MotoGP™ Cashback Program Member to be credited with MotoGP™ Benefits, the cancellation period under the Consumer Contracts Regulations must have expired (as described in Clause 7.4.) and the MotoGP™ Cashback Program Member must not have cancelled the Purchase.

5.4. A MotoGP™ Cashback Program Member who makes a Purchase at an Online Shop is entitled to MotoGP™ Benefits only if his address registered with Lyoness and that of the Online Shop are in the same country. The Online Shops available in each country are listed under MotoGP-Cashback.com.

5.5. Lyoness has no influence over the design of the Online Shops and is not responsible for these websites in any way. Lyoness expressly distances itself from any content on these websites that may be illegal or immoral.

6. Purchasing Vouchers
6.1. A Voucher can be used to make a Purchase only from the Loyalty Merchant which issued the Voucher. The value of the Voucher is shown on the Voucher itself. Loyalty Merchants are not permitted to exchange the Voucher for cash, either in whole or in part.

6.2. A MotoGP™ Cashback Program Member can buy a Voucher from Lyoness by writing, by telephone or online, or in person from a Voucher Selling Point (MotoGP-Cashback.com). Lyoness will issue the Voucher to the MotoGP™ Cashback Program Member once he has paid for it in full. Sales of Vouchers by Lyoness to MotoGP™ Cashback Program Members are subject to the terms and conditions stipulated by Lyoness, including Lyoness’ right to reject a Voucher sale.

6.3. When buying a Voucher, the MotoGP™ Cashback Program Member must stipulate to Lyoness for which Loyalty Merchant the Voucher is required. The Voucher will be identified with the name of that Loyalty Merchant. When redeeming a Voucher, the MotoGP™ Cashback Program Member enters into an agreement with the Loyalty Merchant only. Lyoness is not liable for any claims arising from such agreement.

6.4. A Voucher bought from Lyoness cannot be returned and payments cannot be refunded, subject to the following three exceptions:
6.4.1 Lyoness guarantees that the Voucher bought by a MotoGP™ Cashback Program Member can be redeemed at and/or used to pay for a Purchase from the Loyalty Merchant; if, for good reason, this is not possible, the MotoGP™ Cashback Program Member can exchange the Voucher for a Voucher from another Loyalty Merchant; the MotoGP™ Benefits may change depending on the contract with the Loyalty Merchant (see Clause 7.3.); if the MotoGP™ Cashback Program Member does not want a Voucher for a different Loyalty Merchant, he can request reimbursement of the amount paid; any MotoGP™ Benefits that have been granted must be returned;

6.4.2 A MotoGP™ Cashback Program Member who has bought a Voucher is entitled to cancel the transaction under the Consumer Contracts Regulations; or

6.4.3 A MotoGP™ Cashback Program Member is entitled to return the Voucher pursuant to Clauses 4.2 or 6 of the UKMA.

6.5. Lyoness assumes no liability for the redemption of a lost or stolen Voucher, unless the MotoGP™ Cashback Program Member reported the loss or theft to Lyoness and Lyoness, where possible, failed to implement reasonable measures to prevent wrongful redemption.

6.6. A Voucher bought by a MotoGP™ Cashback Program Member can be transferred to another person free of charge, e.g. as a gift. A MotoGP™ Cashback Program Member is not permitted to resell a Voucher for payment.

7. MotoGP™ Benefits
7.1. A MotoGP™ Cashback Program Member who makes a Purchase is eligible for MotoGP™ Benefits. The MotoGP™ Benefits are based on the conditions agreed in the contract between Lyoness and the Loyalty Merchant; they therefore vary according to the Loyalty Merchant, sector and country in question. MotoGP™ Benefits comprise Cashback (see Clause 7.1.1) and Shopping Points if applicable (see Clause 7.1.2).

7.1.1. Cashback: A MotoGP™ Cashback Program Member will receive up to 5% Cashback for each Purchase. A higher Cashback rate may be granted in some cases. The rate granted by each individual Loyalty Merchant is listed at MotoGP-Cashback.com (log-in area). Cashback payments are made in accordance with Clauses 7.4. to 7.6.

7.1.2. Shopping Points: In addition, a MotoGP™ Cashback Program Member will receive Shopping Points for a Purchase from a Loyalty Merchant that uses Shopping Points. A MotoGP™ Cashback Program Member can use Shopping Points to obtain a discount on a Purchase described in the special offers listed by MotoGP-Cashback.com (see Clause 9).

7.2. With regard to special offers, Lyoness reserves the right to deviate from the provisions of these GTCs. In order to bring to its MotoGP™ Cashback Program Members as wide a range as possible of Loyalty Merchant offers, Lyoness makes special discount agreements with its Loyalty Merchants and passes on comprehensive MotoGP™ Benefits to its MotoGP™ Cashback Program Members. These special offers will be listed on the Loyalty Merchant page at MotoGP-Cashback.com (see also Clause 7.3).

7.3. The MotoGP™ Benefits granted by each Loyalty Merchant are listed at MotoGP-Cashback.com. A MotoGP™ Cashback Program Member is recommended to check the Lyoness website on a regular basis to keep up-to-date with the conditions offered by each Loyalty Merchant. In the event of a change to the conditions offered by a particular Loyalty Merchant, Lyoness reserves the right to amend the MotoGP™ Benefits for this Loyalty Merchant. In such a case Lyoness is required to give two weeks’ notice. A MotoGP™ Cashback Program Member’s entitlement to MotoGP™ Benefits is based on the conditions in place at the time when the Purchase was paid for in full.

7.4. For the MotoGP™ Benefits to be credited, a MotoGP™ Cashback Program Member must have paid for the Purchase in full and not have cancelled it under the provisions of the Consumer Contracts Regulations or otherwise. Provided these criteria are met, and the Loyalty Merchant confirms the Purchase to Lyoness, Lyoness will invoice the Loyalty Merchant for amounts due to Lyoness and the MotoGP™ Benefits will be credited to the MotoGP™ Cashback Program Members at 11pm each Sunday. Lyoness requires the Loyalty Merchant to settle its invoice within two months of the criteria set out in sentence 1 of this Clause 7.4 being met. If a MotoGP™ Cashback Program Member has bought a Voucher, MotoGP™ Benefits will be credited as soon as the above-mentioned criteria are met.

7.5. Once each week, Lyoness will transfer MotoGP™ Benefits to the bank account registered by the MotoGP™ Cashback Program Member. The MotoGP™ Cashback Program Member must be in credit for at least £9.00 for a transfer to take place.

7.6. If a MotoGP™ Cashback Program Member makes a Purchase from a Loyalty Merchant in another country (either in person or online), the MotoGP™ Benefits may initially appear in the MotoGP™ Cashback Program Member’s Cash Account in the currency of that country. Once the Purchase has been confirmed by the Loyalty Merchant, the transaction will be converted automatically, using an appropriate exchange rate, into the MotoGP™ Cashback Program Member’s local currency and shown in his Personal Members Area. The validity of Clause 5.4. shall remain unaffected, i.e. a MotoGP™ Cashback Program Member is only entitled to receive MotoGP™ Benefits for an international Purchase made using the channels (e.g. Online Shops) listed on MotoGP-Cashback.com.

8. Lyoness Shopping Points
8.1. A MotoGP™ Cashback Program Member may be eligible to receive a certain number of Shopping Points for a Purchase.

8.2. The number of Shopping Points granted (if granted at all) depends on the amount spent and conditions agreed with the particular Loyalty Merchant. The MotoGP™ Cashback Program Member is referred to the Loyalty Merchant’s page on MotoGP-Cashback.com, where the number of Shopping Points granted by the Loyalty Merchant for a Purchase worth £90 is shown.

8.3. Shopping Points have no fixed monetary value. Their value is determined by the discount granted upon redemption at the Loyalty Merchant in question. Shopping Points cannot be paid out in cash and must not be transferred to another person for a fee. A MotoGP™ Cashback Program Member is also not permitted to transfer Shopping Points to another MotoGP™ Cashback Program Member.

8.4. A MotoGP™ Cashback Program Member can track his Shopping Points in his Personal Member Area. These can be used to secure a discount for certain special offers listed at MotoGP-Cashback.com. The Member can use only the number of Shopping Points specified for the particular offer.

8.5. If a MotoGP™ Cashback Program Member uses Shopping Points to make a Purchase, MotoGP™ Benefits will also be granted. MotoGP™ Benefits are allocated in accordance with the price after deduction of the discount granted through the use of the Shopping Points.

8.6 Shopping Points will expire at the end of the third calendar year following the year in which they were earned.

9. Online Office & Services
9.1. Lyoness will provide each MotoGP™ Cashback Program Member with his own Personal Member Area at MotoGP-Cashback.com free of charge. Once a MotoGP™ Cashback Program Member has entered his username and password, he can view his Purchases and MotoGP™ Benefits. Should the Lyoness websites and log-in area at MotoGP-Cashback.com become unavailable, Lyoness’ liability is governed by the terms of Clause 13.

9.2. A MotoGP™ Cashback Program Member must retain securely and confidentially his access data for his Personal Member Area (user name, password and PIN). Third parties must not be given access to this information. A MotoGP™ Cashback Program Member is able to amend his personal settings at any time at MotoGP-Cashback.com.

9.3. A MotoGP™ Cashback Program Member undertakes to notify Lyoness without delay of any improper use of access to his Personal Member Area. Access to a MotoGP™ Cashback Program Member’s account will be blocked immediately and new access data will be sent to the MotoGP™ Cashback Program Member by text message, e-mail or post. Should a MotoGP™ Cashback Program Member suffer loss as a result of improper use of his access data, Lyoness’ liability is governed by the terms of Clause 14.

10. Change of a Recommender
A MotoGP™ Cashback Program Member who has not made a Purchase or acquired any Lyoness Vouchers for a period of at least six months can nominate another MotoGP™ Cashback Program Member as his Recommender. The newly-nominated Recommender must give his consent to this change.

11. Data Protection
11.1. As the party responsible under data protection law, Lyoness collects, stores and processes MotoGP™ Cashback Program Member data, insofar as this is necessary to operate the MotoGP™ Cashback Programme, i.e. calculating MotoGP™ Cashback Card Benefits. With the MotoGP™ Cashback Program Member’s consent, Lyoness can also use the MotoGP™ Cashback Program Member’s data to provide personalised information about offers and products from Lyoness and Loyalty Merchants.

11.2. Before passing any shopping data, e.g. date, sales total, currency, onto Dorna Sports S.L., Lyoness always will anonymise it. With the MotoGP™ Cashback Program Member’s express consent, Lyoness may also pass personal data onto Dorna Sports N.L., namely the MotoGP™ Cashback Program Member’s first and last names, title, gender, date of birth, email address, postal address, address coordinates (latitude and longitude), telephone number(s), fax number, Member ID and data regarding their purchases in the form of purchase, date, purchase total, currency, invoice number and location of purchase.

11.3. All enquiries regarding the amendment and deletion of data can be submitted direct to Lyoness or Lyoness UK.

11.4. Further data protection regulations relevant to the use of the Lyoness website can be found in the data protection declaration at MotoGP-Cashback.com.

11.5. Lyoness uses established security equipment and methods to protect its MotoGP™ Cashback Program Members’ data from unauthorised access. Lyoness’ liability for the security of data transmitted on the internet is governed by Clause 13.

11.6. Declaration of Consent under data protection legislation:

11.6.1 Under the MotoGP™ Cashback Program Member‘s participation in the MotoGP™ Cashback Program, Lyoness collects and processes the MotoGP™ Cashback Program Member‘s personal data (first and last names, title, gender, date of birth, email address, postal address, address coordinates, telephone number(s), fax number, Member ID) and data concerning his purchasing behaviour and purchases (date, time and location of purchase, total purchase amount, currency, items purchased, sector, purchase method (online, offline, at SME; at key account, with Vouchers, with Cashback Card). Lyoness may also request Lyoness Group AG (Grazbachgasse 87-93, 8010 Graz, Austria) and Lyoness UK Limited (12-14 Mason’s Avenue, London EC2V 5BT, UK) to process this data on its behalf. The MotoGP™ Cashback Program Member hereby agrees that Lyoness may collect this personal data and may use this information to contact the MotoGP™ Cashback Program Member, either in person or by post, to send him personalised information and to advertise the MotoGP™ Cashback Program and Loyalty Merchant offers. Lyoness may also use it in anonymous form to conduct statistical analyses for Lyoness and Dorna Sports S.L.

11.6.2 Furthermore, the MotoGP™ Cashback Program Member hereby agrees that Lyoness may transfer the aforementioned data to Dorna Sports S.L., Principe de Vergara, 183, 28002 Madrid, Spain and that Dorna Sports S.L. may use this data for the following marketing purposes: contacting the MotoGP™ Cashback Program Member electronically (e.g. email or SMS), via social media (Facebook, etc.), or by fax, telephone or letter to inform him about Dorna Sports S.L. products and offers, identifying offers that match the MotoGP™ Cashback Program Member’s interests, or conducting satisfaction surveys. Dorna Sports S.L, may also use the data in anonymous form for statistical purposes.

The MotoGP™ Cashback Program Member may withdraw his consent in writing or by email to uk-service.motogp@cashback.net at any time with immediate effect or exercise his right to view, amend or delete data as provided under data protection law. A notice of withdrawal should be submitted in writing to Lyoness UK Limited, 12-14 Mason’s Avenue, London EC2V 5BT.

12. Disruptions to Service
12.1. The scope of services offered by Lyoness is restricted to the operation of the MotoGP™ Cashback Program as described in these GTCs.

12.2. The rights and obligations related to a Purchase shall apply solely to the Loyalty Merchant. Following the completion of a contract with a Loyalty Merchant, Lyoness assumes no warranty obligations or liability for the Loyalty Merchant’s service obligations, in particular for the Loyalty Merchant’s failure to fulfil obligations, in whole or in part.

12.3. Should a Loyalty Merchant fail to fulfil its obligations, the MotoGP™ Cashback Program Member is not entitled to make any claims against Lyoness for the full or partial reimbursement of the value of the Voucher redeemed, the issuance of a new Voucher, a cash payment or any other form of compensation or remuneration. The Loyalty Merchant is solely responsible for all claims resulting from its failure to fulfil its obligations or failure to fulfil obligations correctly.

13. Liability
13.1. Nothing in this agreement shall operate to exclude or limit Lyoness’ or its subsidiaries’ liability for (a) death or personal injury caused by its or their negligence (b) fraud or (c) any other liability which cannot be excluded or limited under applicable law.

13.2. Subject to Clause 13.1, Lyoness and its subsidiaries shall not be liable to a MotoGP™ Cashback Program Member for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

13.3. Subject to Clause 13.1, Lyoness and its subsidiaries accept no liability and shall not be liable to a MotoGP™ Cashback Program Member for the failure for any reason of a Loyalty Merchant to sell or supply the goods or services required by the MotoGP™ Cashback Program Member.

13.4 Subject to Clause 13.1 and without prejudice to Clauses 13.2 and 13.3, Lyoness and its subsidiaries’ aggregate liability to a Member in respect of claims arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances take into account any losses or potential losses arising after a period of three (3) months from the date of the event giving rise to the claim.

14. Costs
14.1. Registration and participation in the MotoGP™ Cashback Program is free of charge for MotoGP™ Cashback Program Members.

14.2. A MotoGP™ Cashback Program Member receives a MotoGP™ Cashback Card free of charge as part of the registration process.

15. Termination by the MotoGP™ Cashback Program Member
15.1.The MotoGP™ Cashback Program Member is entitled to terminate his contract with Lyoness in writing at any time. The MotoGP™ Cashback Program Member is not obliged to make Purchases or perform any other activities under the current contractual relationship.

15.2. On termination of the contract, a MotoGP™ Cashback Program Member is entitled only to the MotoGP™ Benefits that were applicable at the time when the contract was terminated, i.e. Cashback arising from Purchases already made. All accumulated Shopping Points will be forfeited on termination of the contract. However, should the MotoGP™ Cashback Program Member terminate the contract due to a material breach by Lyoness, the MotoGP™ Cashback Program Member will be able to redeem any Shopping Points as described in Clause 8 within a period of eight weeks following the termination of the contract.

16. Termination by Lyoness
16.1. Lyoness is able to terminate the contractual relationship with eight weeks’ notice or with immediate effect for good cause. Good cause may refer to significant damage to the financial interests of Lyoness or a Loyalty Merchant, as well as material breaches of the MotoGP™ Cashback Program Member‘s obligations under Clauses 2.3, 2.4, 3.3 and 3.5.

16.2 In cases of culpable breach of these obligations, the MotoGP™ Cashback Program Member shall indemnify Lyoness and hold it harmless. This also applies to any costs incurred by the defence of any such third party claims. Furthermore, Lyoness reserves the right to claim damages from the MotoGP™ Cashback Program Member as a result of the MotoGP™ Cashback Program Member’s breach of his obligations, including any legal costs.

16.3. On termination of the contract, a MotoGP™ Cashback Program Member is entitled only to the MotoGP™ Benefits that were applicable at the time when the contract was terminated, i.e. Cashback arising from Purchases already made.

16.3. Should Lyoness terminate the contract without good cause, the MotoGP™ Cashback Program Member can redeem his Shopping Points in accordance with Clause 8 within a period of eight weeks following the termination of the contract. Any Shopping Points will otherwise be forfeited upon termination of the contract.

17. General Provisions
17.1 Without the prior written approval of Lyoness, the agreement between Lyoness and the MotoGP™ Cashback Program Member is not assignable by the MotoGP™ Cashback Program Member.

17.2 Participation in the MotoGP™ Cashback Program represents solely a contractual relationship between the parties and therefore does not constitute a partnership between the MotoGP™ Cashback Program Member and Lyoness, and in particular does not constitute membership in an association.

17.3 Individual agreements always take precedence over these GTCs. All such agreements must be made in writing or confirmed in writing by Lyoness. It is assumed that the parties have not entered into any verbal agreements. Lyoness is further entitled to forward any contractual declarations and information necessary for the execution of the contract to the MotoGP™ Cashback Program Member by text message or email, provided that the MotoGP™ Cashback Program Member has disclosed the relevant contact details and does not object to this.

17.4 Any amendments to these GTCs communicated to a MotoGP™ Cashback Program Member in writing and other any contractual agreements between the MotoGP™ Cashback Program Member and Lyoness are deemed to have been accepted by the MotoGP™ Cashback Program Member unless the MotoGP™ Cashback Program Member opposes their validity within thirty days following receipt of the amendment notification. The MotoGP™ Cashback Program Member must have actually received notification of the amendment for this provision to be valid. If the MotoGP™ Cashback Program Member opposes the amendment before the end of the thirty-day period, the rights granted in the event of termination with notice shall be automatically granted.

17.5 Words in the singular will include the plural and vice versa. A reference to one gender will include a reference to the other gender.

17.6 Should any provision of these GTCs be completely or partially invalid or unfeasible, the validity of the remaining provisions will not be affected.

17.7 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.8 A MotoGP™ Cashback Program Member must be at least eighteen years old in order to register and participate in the MotoGP™ Cashback Program.

17.9 A MotoGP™ Cashback Program Member is responsible for all charges, fees, taxes etc. accrued by the MotoGP™ Cashback Program Member as a result of receiving MotoGP™ Benefits.

Appendix 1

Glossary of defined terms

“Cashback” is a MotoGP™ Benefit up to 5% of the value of a Purchase made by a MotoGP™ Cashback Program Member at a Loyalty Merchant (see Clause 7).

“Consumer Contracts Regulations” means the Consumer Contracts Regulations (Information, Cancellation and Additional Charges) Regulations 2013.

“General Business Terms and Conditions / GTCs” are these General Business Terms and Conditions for MotoGP™ Cashback Program Members as varied from time to time.

“Loyalty Merchant” is a business with which Lyoness has entered into a contract for the purpose of creating a Benefit for a Member when he makes a Purchase.

“Lyoness” is a company―Lyoness Europe AG―incorporated and registered in the Canton of St. Gallen, Switzerland, under Company Register Number CH 170.3.026.427.4 , whose registered office is at Bahnhofstrasse 22, CH-9470 Buchs, Switzerland.

“Lyoness UK” is a company―Lyoness UK Limited― incorporated and registered in England and Wales, under Company Number 6932198, whose registered office is 12-14 Mason’s Avenue, London EC2V 5BT.

“Lyoness Vouchers” are electronic vouchers created by Lyoness that can be redeemed only to purchase Loyalty Merchant Vouchers and certain goods from Lyoness. They cannot be used to purchase goods or services direct from Loyalty Merchants. Lyoness Vouchers can be purchased and redeemed at www.Lyoness.com .

“MotoGP™ Benefit” is the benefit that a MotoGP™ Cashback Program Member receives or is eligible to receive by making a Purchase. MotoGP™ Benefits comprise Cashback and Shopping Points, if applicable.

“MotoGP™ Cashback Card” is a plastic or paper card used in the MotoGP™ Cashback Program to record a MotoGP™ Cashback Program Member’s Purchase from a Loyalty Merchant. It cannot be used as a means of payment. The MotoGP™ Cashback Card is also available in electronic form through the use of the Cashback mobile app.

“MotoGP™ Cashback Program” is the shopping community provided by Lyoness that enables a MotoGP™ Cashback Program Member to receive MotoGP™ Benefits when he makes a Purchase from a Loyalty Merchant.

“MotoGP™ Friendship Flyer” is the means of registering a new MotoGP™ Cashback Program Member offline. Once completed the document must be sent to Lyoness UK for registration.

“MotoGP™ Cashback Program Member” is a person who has entered into a contract with Lyoness in accordance with these GTCs and remains as such until the contract has been terminated.

“Membership ID” is a unique number allocated by Lyoness that serves to identify the MotoGP™ Cashback Program Member and is used to record his Purchases.

“Online Shops” are online Loyalty Merchants that have entered into a contract with Lyoness to provide MotoGP™ Benefits when a MotoGP™ Cashback Program Member makes a Purchase.

“Personal Member Area” is a MotoGP™ Cashback Program Member’s personal log-in area of the Lyoness website provided by Lyoness to enable a MotoGP™ Cashback Program Member to view his Purchases and information about the Benefits of the MotoGP™ Cashback Program.

“Promoters” are Lyoness and Lyoness UK.

“Purchase” is the acquisition by a MotoGP™ Cashback Program Member of goods or services from a Loyalty Merchant.

“Registration Form” is the registration form at the end of this booklet or on the Site to be completed and signed by the member upon applying for membership of the MotoGP™ Cashback Program.

“Shopping Points” are a MotoGP™ Benefit whose redemption value is determined by the discount granted by a Loyalty Merchant. Shopping Points have no fixed monetary value.

“Site” is www.Lyoness.com.

“UKMA” is the United Kingdom Membership Agreement to which these GTCs are annexed.

“VAT” is value added tax chargeable under VAT Act 1994 and any similar replacement or additional tax.

“Voucher” is a paper or plastic voucher, plastic gift card or electronic voucher (to be printed out or downloaded as an online voucher code) issued by a Loyalty Merchant for the value shown and valid only at that Loyalty Merchant for the payment of a Purchase made by a MotoGP™ Cashback Program Member for a limited period of time. Lyoness refers expressly to the availability of Vouchers in advance at MotoGP-Cashback.com.

“Voucher Selling Point” is a Loyalty Merchant authorised by Lyoness to buy Vouchers from Lyoness and to resell them to MotoGP™ Cashback Program Members; these Loyalty Merchants are listed at MotoGP-Cashback.com
* The margin benefits are dependant on the products purchased and the Loyalty Merchant. All hereto information on this website is therefore without guarantee.