These Terms and Conditions of the “W1TTY Partners’ Cashback Program” set out terms and conditions for the customers of WITTY GLOBAL UAB who are eligible for special benefits hereunder.
- DEFINITIONS 1.1. The capitalised terms used in these terms and conditions shall have the following meaning: 1.1.1. App – the application developed by the Company and installed by the Client into his/her device (e. g. a smartphone). 1.1.2. Cashback – means cashback of the monetary value to be credited upon doing the Purchase as per the offer criteria and the terms and conditions hereunder. The Cashback is offered and paid only on the price of goods and services acquired by the Client upon doing the Purchase. The Cashback is not paid for delivery costs, currency exchange fees and other such amounts that may be paid by the Client upon doing the Purchase. 1.1.3. Card – means a payment instrument that is issued by the Company or its partner(s), and which the Client may use to perform Operations. 1.1.4. Client – an individual to whom the Company provides financial services under an agreement made between the parties and who is eligible for W1TTY Benefits under these T&Cs. 1.1.5. Company – WITTY GLOBAL UAB, a legal entity registered in Lithuania with its registration number 305433923, registration address Jogailos g. 9, Vilnius, Lithuania. Data on the Company is accumulated and stored in the Register of Legal Entities of the Republic of Lithuania. The Company might be contacted through: 1.1.6. E-Money – electronically stored monetary value as represented by a claim on the Company which is issued on receipt of funds for the purpose of making Transactions. 1.1.7. E-Money Account – an electronic record inside the System which allows to identify the Client, execute Transactions and contains information on the Transactions performed by the Client. 1.1.8. Operation – means using the Card to pay for goods and/or services or obtain information and/or cash withdrawal. 1.1.9. Program Validity Period – means a period of time during which the Client is entitled to the Cashback. The period begins on 18.11.2022 and expires on the day when the Company Valid from 18.11.2022 Version 1.0 1 announces its end and informs the Clients about that at least 24 hours in advance. The Company reserves the right to unilaterally terminate W1TTY Benefits at any time at its own discretion. 1.1.10. Purchase – means such a purchase of services and goods, which has been made by the Client using the Card in W1TTY Partners’ online stores (e-shops). 1.1.11. Session – means a period of time wherein the Client interacts with the App to make the Purchase. 1.1.12. T&Cs – these Terms and Conditions. 1.1.13. Void Operation – means any Transaction wherein the Transaction has taken place but has been cancelled by the merchant prior to settlement with the Company or its partner(s) that issued the Card. The Void Operation also means the Purchase that has been cancelled for whatever reason by a W1TTY Partner or the Client. 1.1.14. W1TTY Benefits – as described in Clause 3. 1.1.15. W1TTY Partner – the person that is indicated in the App as the Company’s partner that gives the Cashback on the Purchase made for services and goods in the person’s online store. Terms that are used but not defined in these T&Cs shall have the meanings ascribed to them in the WITTY GLOBAL UAB General Terms and Conditions.
- BINDING EFFECT 2.1. These T&Cs regulate the provision of W1TTY Benefits by the Company to the Client. 2.2. By receiving W1TTY Benefits, the Client undertakes to be bound by these T&Cs. 2.3. Any additional terms and conditions which regulate the relationship between the Company and the Client that are not stated in these T&Cs, as well as any additional services or products that the Company provides or makes available to the Client from time to time not covered by these T&Cs may be subject to a separate agreement or annex executed between the Company and the Client. In case of any conflict between these T&C sand separate agreements or annexes concluded between the Company and the Client, the terms of a separate agreement or annex shall prevail.
- W1TTY BENEFITS 3.1. “W1TTY Partners’ Cashback Program” 3.1.1. The Company cooperates with the W1TTY Partners that give the Cashback to the Company’s Clients. The Cashback is to be credited on the basis of the Purchase done using the Card by the Client in accordance with the following conditions: 3.1.1.1. 3.1.1.2. 3.1.1.3. 3.1.1.4. The Purchase is made by the Client using the Card in the online store (e-shop) that is managed by the W1TTY Partner; The amount of the Purchase, including VAT and other taxes, is 1 EUR or more; The Purchase is made during the Program Validity Period; The Purchase is made during one uninterrupted Session, which means that when the Client starts making the Purchase in the App, he must place an order and pay for it in one Session without any interruptions of whatever nature and reasons; 2
3.1.1.5. Additional terms and conditions (if applicable) that are set out in the App are satisfied by the Client. 3.1.2. The amount of the Cashback is set out in the App and varies depending on W1TTY Partner’s store where the Client makes the Purchase. The amount of the Cashback may be changed from time to time by the Company. 3.1.3. The Client is not entitled to the Cashback: 3.1.3.1. For Void Operations; 3.1.3.2. If the Client received (is eligible to receive) any benefit from a third person for the Purchase (for instance, if the Purchase has been initiated by using a third party’s affiliate link granting a discount for the Purchase, the Client is not entitled to the Cashback); 3.1.3.3. If the Session during which the Client was making the Purchase has been interrupted for whatever reason. 3.1.4. The Cashback is credited to the Client’s E-money Account within 90 calendar days since the date of the Purchase. However, the Company reserves the right to unilaterally extend this period for circumstances beyond the Company's control. 4. RIGHTS AND DUTIES OF THE CLIENT 4.1. The Client shall have a right to receive these T&Cs and other annexes, rules and regulations on W1TTY Benefit provided in paper form or in another durable medium. 4.2. The Clients are prohibited: 4.2.1. to use the services of the Company for any unlawful or illegal purposes; 4.2.2. to use the services of the Company in a manner that may violate any applicable laws. 5. REPRESENTATIONS AND WARRANTIES 5.1. Accepting these T&Cs, as well as any of their revised version, the Client represents and warrants on an ongoing basis that the Client: 5.1.1. information provided to the Company for the purpose of entering into these T&Cs is true and correct; 5.1.2. it has all rights, powers and authority to enter into these T&Cs and to fully perform its obligations hereunder; 5.1.3. use of the Services does not infringe the law of the state where the Client is registered; 5.1.4. does not perform, is not involved and has no intentions to use the services for any illegal purposes or prohibited activities under applicable laws. 5.2. The Company relies on the representations and warranties listed above when providing the services to the Client. 6. DATA PROTECTION 6.1. The Company and W1TTY Partners are independent data processors that process the Client’s personal data according to applicable laws (e.g. the EU General Data Protection Regulation) and internal company 3
procedures. The Company and W1TTY Partners can transfer to each other the Client’s personal data (e. g. the Card number, the details of the Purchase, etc.) in order to process the Cashback. 6.2. For more details regarding data protection and processing by the Company, please refer to the Privacy Policy of WITTY GLOBAL UAB. 6.3. W1TTY Partners process the Client’s personal data in accordance with the W1TTY Partners’ personal data procession rules. The Client undertakes to familiarize himself with the said rules before making the Purchase in the W1TTY Partners’ stores. 7. T&Cs CHANGES 7.1. Without prejudice to other provisions of these T&Cs, the Company reserves the right to unilaterally change these T&Cs at any time at its own discretion. 7.2. A revised edition of these T&Cs will be provided to the Client or the Client will be informed where a revised edition of T&Cs is available for familiarisation. 7.3. In the event that the Client disagrees with the proposed changes to these T&Cs, the Client has the right to terminate these T&Cs free of charge and with effect at any time until the date of their proposed date of entry into force. The Client’s notice rejecting changes to these T&Cs will be deemed as a notice of termination of these T&Cs. Upon termination of these T&Cs the Client loses his or her right to receive W1TTY Benefits. 7.4. The Client is not entitled to unilaterally change, amend or alter provisions of these T&Cs. 8. ASSIGNMENT 8.1. The Client may not novate, assign, transfer, sub-contract or otherwise grant any rights, obligations, claims or legal interest under these T&Cs. 8.2. The Company reserves the right to assign the rights and obligations under these T&Cs to any subsidiaries, affiliates or any third parties at any time without the Client’s consent, provided that such an assignment will be in compliance with the applicable laws and regulations. 9. NO WAIVER 9.1. Failure or delay by the Company to exercise any right, power or remedy under these T&Cs or to require or enforce strict performance by the Client of any provision of these T&Cs and any supplemental or incorporated documents or policies shall not be regarded as a waiver or relinquishment of any such right, power or remedy. 10. GOVERNING LAW 10.1. Unless the applicable laws provide otherwise, the construction, validity and performance of these T&Cs, as well as any rights, obligations, claims or disputes arising out of them shall be governed in all respects by the laws of the Republic of Lithuania without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.