Terms and Conditions
Here are the terms and conditions related to the services you are subscribing to on Ecopence, by becoming a member of the Ecopence Platform. Further details regarding Ecopence and our concepts can be found on our website www.ecopence.com. Please read these terms and conditions carefully and make sure that you understand them, before joining Ecopence. By registering to Ecopence, you agree to be bound by these terms and conditions. Kindly save an electronic copy of these terms and conditions for future reference.
2. Information about us
Ecopence.com is owned by Pierre Azzopardi, as a sole trader registered in Malta with our registered office at 109, Triq it-Terz, Swieqi, SWQ 2274, Malta.3. Your status
By signing up to Ecopence through our website or mobile app, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old or possess legal parental or guardian consent. If any of the registration details change you must inform us immediately or update the info through the interface directly.
4. Contract between user and Ecopence
As soon as you sign up to Ecopence you will be eligible to use our system to gain loyalty points through purchases made on our site and / or participating merchants. You will also be able to recover free points through referrals and later through post likes, shares and adoptions. These free points will be mainly used for you to build up your account to higher levels and upon doing so, based on your performance, these will be validated and may be used as full points against discounts or purchases through our site and participating merchants. You will also gain rights to earn points for registering merchants, these points will immediately have full value and made available for purchases. At each level the minimum number of points will be blocked for you to be able to retain that user level status. Of course you may at anytime opt out of this and use the blocked points for purchases, but in this case you will lose all level statuses, all network rights and also all free points on account not validated.
Users will be solely responsible for claiming the percentage points against purchase when effecting an in person purchase with one of the participating merchants. User will need to log into his app at time of payment, key in the amount spent at the respective merchant, then ask cashier to validate the transaction of points on his device (smart phone).
5. Contract between merchant and Ecopence
We are committed to providing you with the most innovative ways to make your business succeed and in grading higher on our Eco-Grading which will mean that you would be moving in line with our mission of creating less of an impact on the planet. We will also use all our means to expose your products or services to our client database.
Merchants who show interest in registering with our system will undergo a grading process by one of our agents and based on this and the percentage discount they choose to operate at, they would get a fixed service fee. This service fee will be applied only when they redeem points for product through our loyalty scheme. Merchants registering on our system will need to purchase a block amount of points at start up and this will also include the setup fee. Merchants will then need to monitor their account levels and should their balance become low, will have the option to purchase more points at the related fee depending on amounts purchased. Merchants who experience a growth of points on their account may suspend point redemption for their product or service until the balance of points come back to normal level. They would also use these excess points to purchase products or services from other participating merchants. Finally merchants with excess points may also choose to change these back for cash with Ecopence at a guaranteed value of €0.10 per point.
6. Merchant Refund Policy
You have the right to cancel your initial registration with us within 14 days of your original purchase. This does not apply to subsequent renewals. To cancel your membership, you will need to send an email to firstname.lastname@example.org. If you cancel your registration you will be able to redeem all points left on account for cash directly with Ecopence at the guaranteed rate of €0.10 per point. Refunds will be subject to the return of all related merchandise, branding and promotional items and only affected upon return of such items. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
7. Participating Merchants and application of Ecopence
By registering with us and confirming their operational percentage discount, merchants guarantee to transfer related points in value to all our member users effecting purchases for their products or services through our site or directly at their outlets. The transfer of such points will be done automatically when purchases are done through our systems, but in case of in person purchases then cashier needs to confirm the purchase on the Ecopence user app (on his smart phone) and then authorise the related points by scanning a unique QR code for the particular merchant.
Users will of course have a clear indication of what percentage each participating merchant is operating at through their app and will be solely responsible to claim the related points from the merchant at check out.
Payment for our services and for purchasing Ecopence points to distribute as loyalty discounts to our members and to your clients, has to be made in full on confirmation of the subscription. Payment methods accepted include bank transfers, credit card payments as well as cheque payments. In case of pre-launch registration and Early Bird discounts you will be able to choose between paying in full or paying a deposit of 25% in order to secure your registration. The integration of the registered merchant onto our system will only become active once full payment is made. Should the merchant chose to stock up on our merchandise then all items ordered will need to be paid for in full prior to delivery.
If we fail to comply with these terms and conditions, in anyway we shall only be liable to refund the full value of points on account in the case of merchants at €0.10 per point.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
Loss of income or revenue;
Loss of business;
Loss of profits; or
Loss of anticipated savings.
Nothing in this agreement excludes or limits our liability for:
Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
10. Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Operations Manager at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14. Third party rights
A person who is not part to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
15. Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
16. Law and jurisdiction
This agreement shall be interpreted in accordance with Maltese law and subject to the non-exclusive jurisdiction of the Maltese Courts.