WYNGLE Terms and Conditions

These Terms and Conditions of Service (“Terms of Service”) govern your membership on WYNGLE.COM and its associated mobile sites (the “WYNGLE Sites”) and your purchases and use of products and services available through the WYNGLE Sites. The WYNGLE Sites are operated by WYNGLE, INC. and/or its subsidiaries and affiliates (collectively, “WYNGLE”). Your use of the WYNGLE Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference at the following location: https://www.wyngle.com/tou.html.

By establishing membership on the WYNGLE Sites, or purchasing or using products or services through the WYNGLE Sites, you become a WYNGLE Member and as such acknowledge and agree as follows:

 

1. GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and WYNGLE, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the WYNGLE Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and WYNGLE may be recorded.

 

2. PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by WYNGLE is located at the following location: https://www.wyngle.com/privacy.html.

You consent to any personal information we may obtain about you (either via the WYNGLE Sites, by email, telephone or any other means) being securily collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. WYNGLE may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

 

3. WYNGLE MEMBERSHIP

  • Establishing a Membership

    You may establish membership on the WYNGLE Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in WYNGLE’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Notice for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information. WYNGLE accounts are not transferable. Enrolment of several persons in a single account (joint account) and multiple enrolments by a single person are not allowed. WYNGLE reserves the right to refuse, merge or close additional accounts of any WYNGLE Member.

  • Use of Membership

    You shall not use your WYNGLE membership for any purpose competitive to WYNGLE. You will notify WYNGLE immediately by emailing cs [at] wyngle dot com of any unauthorized use of your WYNGLE membership or the WYNGLE Sites known to you, whether by you or a third party.

  • Membership Termination

    You may cancel your WYNGLE membership at any time. Termination is possible by clicking on the 'End Membership' option in the menu after being signed in or by contacting WYNGLE customer support as specified on the “Contact Us” page on the WYNGLE Sites. WYNGLE may terminate your membership and refuse any and all current or future use of the WYNGLE Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that WYNGLE determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if WYNGLE determines, in its sole discretion, that you are using your WYNGLE membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as WYNGLE deems appropriate in its sole discretion. Please note that termination by you or WYNGLE of your WYNGLE membership may result in the termination of your membership(s) in WYNGLE’s affiliated websites.

 

4. PURCHASES-CASH BACK ("WYNGLE CASH BACK")

You have the ability to earn cash back, rebates, and/or discounts ("WYNGLE Cash Back") for purchases transacted by you directly with WYNGLE participating merchants, or merchants picked by WYNGLE (“WYNGLE Merchants”). This section identifies the manner in which you may earn WYNGLE Cash Back, when you will be paid, what rights you have as a User to the WYNGLE Cash Back you have earned, and WYNGLE’s rights and responsibilities with respect to the WYNGLE Cash Back program.

  1. Program Overview.

    The WYNGLE Cash Back program (the "Program") allows you to shop from WYNGLE Merchants and earn WYNGLE Cash Back. The Program is free to you, and is conferred as a benefit of your membership with WYNGLE. You are under no obligation to participate or redeem your WYNGLE Cash Back.

    As a WYNGLE Member, WYNGLE Cash Back is automatically earned when you make a qualifying online purchase from a WYNGLE Merchant using your @wyngle.com email address. Some WYNGLE Merchant may have special requirements to earn WYNGLE Cash Back. Please make sure to carefully read any WYNGLE Merchant’s cash back offer for requirements and restrictions.

  2. Eligibility.

    The Program is offered for purchases made with WYNGLE Merchants. You must set up a working @wyngle.com email address and have access to the internet to be able to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.

  3. Earning WYNGLE Cash Back.

    To be eligible to receive WYNGLE Cash Back, you should make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:

    1. You must be 18 years of age or older;
    2. You must make a purchase from a WYNGLE Merchant;
    3. At time of purchase, you must provide the WYNGLE Merchant with your @wyngle.com email address as a primary address;
    4. If asked to enable cookies on your web browser, we recommend that you NOT ENABLE COOKIES. If the WYNGLE Merchant refuses to allow the transaction, please contact us immediately to resolve the issue. PLEASE NOTE, WYNGLE was created as a platform to deal with the problems and risks of enabling cookie functionality. WYNGLE Merchant have agreed that they will not require WYNGLE Members to enable cookies on their browsers; and
    5. You must complete your purchase transaction;

    Reasons why you will not earn WYNGLE Cash Back, include, but are not limited to, the following:

    1. You are under the age of 18;
    2. You did not provide the WYNGLE Merchant with your @wyngle.com email address as a primary address at time of purchase;
    3. You did not shop directly from the WYNGLE Merchant but from an affiliate or associate of the WYNGLE Merchant, other than WYNGLE;
    4. You did not complete your purchase transaction;
    5. You contacted the merchant and changed the initial order;
    6. You failed to abide by any cash back restrictions imposed by a WYNGLE Merchant;
    7. The WYNGLE Merchant failed to transmit to WYNGLE the commission corresponding to the transaction for any reason;
    8. If any commission transmitted to WYNGLE is required to be repaid by an order of any court of competent jurisdiction; or
    9. You have been notified by WYNGLE that you, or certain purchases, are not eligible for Cash Back.

    Determination of whether or not a purchase made with a @wyngle.com email address is a qualifying purchase is at the discretion of WYNGLE.

    WYNGLE shall not be held responsible for tracking problems resulting from incorrect usage of the WYNGLE site, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

    An account will be set up in your name for all WYNGLE Cash Back you earn. The appropriate WYNGLE Cash Back rebate will be shown in your account as "Purchase pending approval by Merchant" within forty-eight (48) hours from the moment on which WYNGLE has received the email confirmation of the participating Merchant. For a period of thirty (30) days thereafter (exceptions apply to certain products or services), the WYNGLE Merchant has the time to approve the purchase. This time period is in accordance with the WYNGLE Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of WYNGLE's commission in connection with a qualifying purchase made by you, the WYNGLE Cash Back rebate will be shown in your account as “Cashback confirmed but not yet added”. Once WYNGLE has received payment from the Merchant, WYNGLE will credit your account with the applicable WYNGLE Cash Back. Your WYNGLE Cash Back earned will be identified as "Purchase approved and cashback added". Once the available Cash Back reached a payout level, you can request a payment redeeming your WYNGLE Cash Back. You can view your balance and history by logging in to your account.

  4. Requesting Payment of Available WYNGLE Cash Back.

    You may request to redeem your earned WYNGLE Cash Back designated as "Available" in your account once it has reached the payout level required. You can find the required payout levels per currency at the following location: https://www.wyngle.com/payout_levels.html. WYNGLE reserves the right to update the payout levels without prior notice.

    To receive WYNGLE Cash Back, you must have an account at PayPal, and request payment electronically. The WYNGLE Cash Back will be distributed to the User within thirty (30) days of receipt of the User's request for payment. WYNGLE is not responsible for lost mail or any other event beyond the control of WYNGLE that would prevent a user from receiving their payment.

    You are solely responsible for redeeming WYNGLE Cash Back. There is no automatic or periodic redemption.

  5. Account Adjustments.

    WYNGLE Cash Back awarded to you is subject to adjustments for returns and cancellations, WYNGLE receipt of information and payments on such purchases/orders from WYNGLE Merchants. WYNGLE reserves the right to make adjustments to your cash back account at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of WYNGLE.

    WYNGLE is not responsible for changes to, or discontinuance of any WYNGLE Merchant, or any WYNGLE Merchant’s withdrawal from the Program, or for any effect on accrual of WYNGLE Cash Back caused by such changes, discontinuance or withdrawal.

  6. Termination of Program.

    WYNGLE reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your WYNGLE Cash Back from the date notice is transmitted by WYNGLE to the @wyngle.com email address associated with your account. After 60 days WYNGLE will cancel the account and the remaining Cash Back will be lost.

    WYNGLE will not be responsible for failing to notify you of Program termination where such failure is caused by your failure to check email online, or your failure to inform WYNGLE of a problem in accessing your WYNGLE account.

  7. You are responsible for any taxes that may be due on WYNGLE Cash Back redeemed by you.

    WYNGLE Cash Back has no cash value until such time as you request and receive a payment from WYNGLE and comply in all other ways with the restrictions and requirements set forth in this Section 4. You shall have no property rights or other legal interest in WYNGLE Cash Back.

 

5. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and WYNGLE regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue to be valid and enforceable in full force and effect.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance.

To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

 

6. SEVERABILITY

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it is nevertheless agreed that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Severability remain in full force and effect.

 

7. MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that WYNGLE may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of WYNGLE membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at the following location: https://www.wyngle.com/tos.html. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

 

8. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your WYNGLE membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

 

9. EFFECTIVE DATE

January 13, 2016