Terms of business

1. (a)
   these Terms of Business;
2. (b)
   the earnr Cashback and Withdrawal Policy, which is part of these terms as if it were written out in full here. It explains when cashback becomes yours, how and when you can withdraw it, our limits and checks, holds, reversals and what happens to your balance if your account closes. Please read it: it contains some of the most important rules about your money; and
3. (c)
   the conditions of any individual offer, discount code or promotion, as shown in the app when you use it.

1. (a)
   If these terms conflict with the Cashback and Withdrawal Policy on a matter the policy covers, the policy applies.
2. (b)
   An individual offer’s conditions apply only to that offer. They cannot take away rights you have under these terms or the policy.

• account means your earnr membership account.
• available cashback (also called confirmed cashback) means cashback that you can withdraw, as explained in the Cashback and Withdrawal Policy.
• bank connection means the read-only access to your bank transaction data that you give through our Open Banking provider.
• Earni is earnr’s automated assistant, on the website, in the app and on WhatsApp.
• eligible purchase means a purchase that meets section 7.
• identified spending means spending from before you switched cashback on. It is not cashback (section 7.6).
• network means an affiliate network or cashback provider that sits between us and a retailer.
• pending cashback means cashback we have recorded but which the retailer or network has not yet confirmed.
• payout account means the UK bank account we pay your withdrawals into.
• promotional credit means a bonus or referral reward whose conditions have not yet all been met.
• retailer (also called a merchant) means a business with a live cashback offer on earnr.

1. (a)
   be 18 or over;
2. (b)
   live in the UK;
3. (c)
   hold a UK bank or building society account in your own name;
4. (d)
   have a UK mobile number that is yours and that you control; and
5. (e)
   be acting for yourself and not for a business or anyone else.

1. (a)
   the account stays inactive until you sign in and accept these terms. Until then there is no contract between us for earnr, and we will not treat you as a member;
2. (b)
   when you first sign in, we will show you the details we hold and ask you to check them. You can correct anything that is wrong, or ask us to delete the account and your details instead; and
3. (c)
   our Privacy Policy explains where these details came from, why we hold them, and your right to object.

1. (a)
   keep your phone secure, for example with a screen lock;
2. (b)
   never share a sign-in code with anyone. We will never ask you for one, whether by message, on the phone or through Earni; and
3. (c)
   tell us straight away if:

   • your phone is lost or stolen;
   • your number changes; or
   • you think someone else has signed in to your account.

1. (a)
   If someone uses your account without your permission, you are not responsible for what they do, unless:

   • you acted fraudulently; or
   • you deliberately or with gross carelessness failed to keep your phone or codes secure, for example by giving a code to someone else.
2. (b)
   If cashback was paid out because of our failure to follow our own security checks, we will restore it to your account.

1. (a)
   You give your consent to the provider on its own screens.
2. (b)
   You then approve the connection with your bank.
3. (c)
   The provider’s own terms apply to its service, and we will show them to you when you connect.

1. (a)
   we cannot move money into or out of your account;
2. (b)
   we cannot make payments from it; and
3. (c)
   we never see your banking login.

1. (a)
   we stop collecting new transactions;
2. (b)
   no new cashback can be tracked; and
3. (c)
   cashback already recorded is not affected.

1. (a)
   If you connect a joint account, you must have the other account holder’s agreement.
2. (b)
   We will only award cashback for purchases on a joint account to the member who connected it.

1. (a)
   cashback is switched on for your account; and
2. (b)
   the account you paid from is connected.

1. (a)
   it is made after cashback was switched on and the account you paid from was connected;
2. (b)
   it is made with a retailer that has a live earnr offer at the time, and meets that offer’s conditions as shown in the app. Examples of conditions are a minimum spend, the channel you use (in store or online) or excluded products;
3. (c)
   it appears in the transaction data we receive through your bank connection and can be matched to the retailer;
4. (d)
   it is a genuine purchase for your own personal use; and
5. (e)
   it is confirmed by the retailer or network.

1. (a)
   cash withdrawals;
2. (b)
   gift card or voucher purchases;
3. (c)
   purchases paid for with store credit;
4. (d)
   the part of a purchase covered by a discount you did not pay for;
5. (e)
   delivery charges, taxes and fees; and
6. (f)
   purchases made from an account that was not connected when you paid.

1. (a)
   Confirmation is not instant. It usually takes around 30 days, and sometimes longer.
2. (b)
   A retailer or network may sometimes decline a purchase. If it does, we will tell you why, as far as we know.

1. (a)
   It is not a discount from the retailer.
2. (b)
   It is not a separate payment from us.

1. (a)
   Single-use codes are issued to you personally and must not be shared, published or sold.
2. (b)
   Shared codes can be used by anyone, under the retailer’s conditions.
3. (c)
   A code is an offer from the retailer. The retailer decides whether it is accepted, and its terms apply.

1. (a)
   which amounts can be withdrawn;
2. (b)
   the limits on withdrawals;
3. (c)
   the rules for your payout account;
4. (d)
   when we check your identity;
5. (e)
   when we may place a hold, for how long, and how to challenge it;
6. (f)
   how reversals and negative balances work; and
7. (g)
   what happens to your balance if your account becomes dormant or closes.

1. (a)
   Share your link only with people you know, or in places where sharing is allowed.
2. (b)
   Do not send spam, bulk messages or unsolicited messages, and do not say anything misleading about earnr.
3. (c)
   You are responsible for making sure the people you contact are happy to hear from you.

1. (a)
   We will never hold you to something Earni said that was wrong.
2. (b)
   We will not treat Earni’s mistake as a promise to pay cashback you had not earned.

1. (a)
   your card numbers, PINs, passwords, banking logins or sign-in codes; or
2. (b)
   sensitive personal information that Earni does not need.

1. (a)
   Your network’s usual message and data charges apply.
2. (b)
   WhatsApp is provided by Meta under its own terms.

1. (a)
   do anything described as abuse in section 11 of the Cashback and Withdrawal Policy. That includes:

   • running more than one account;
   • self-referral;
   • buying things in order to return them;
   • using bots or other automation;
   • hiding your location to get round our rules;
   • misusing discount codes; and
   • colluding with others;
2. (b)
   use anyone else’s bank account, phone number or identity;
3. (c)
   interfere with earnr, including by:

   • trying to get round its security;
   • introducing malicious code;
   • overloading it; or
   • scraping or copying data from it;
4. (d)
   use earnr for anything unlawful; or
5. (e)
   threaten or abuse our staff or other people.

1. (a)
   we reasonably need to, to protect your account or our systems after a security event;
2. (b)
   we reasonably suspect fraud, abuse or financial crime;
3. (c)
   the law, a court or a regulator requires it;
4. (d)
   you have not completed a check under the Cashback and Withdrawal Policy; or
5. (e)
   there is a technical problem that means your account cannot be used safely.

1. (a)
   what we have done;
2. (b)
   why, as far as the law allows; and
3. (c)
   what you can do about it.

The time limits and appeal route in section 8 of the Cashback and Withdrawal Policy apply to any hold on your cashback.

1. (a)
   Your available cashback is money we owe you under these terms. We pay it from our own funds.
2. (b)
   It is not a deposit, it is not electronic money, it is not held in a safeguarded or trust account, and it is not protected by the Financial Services Compensation Scheme.
3. (c)
   If we became insolvent, you would be an unsecured creditor for your available cashback.
4. (d)
   Once withdrawals launch, you can withdraw available cashback at any time, subject to the Cashback and Withdrawal Policy.

1. (a)
   the goods or services themselves;
2. (b)
   their delivery, quality or safety; or
3. (c)
   refunds.

1. (a)
   You need to tell us within 120 days of the purchase so we can raise it with the retailer or network, which set their own deadlines.
2. (b)
   We will try to recover the cashback for you, but the final decision is the retailer’s or the network’s. We will tell you the outcome.

1. (a)
   death or personal injury caused by our negligence;
2. (b)
   fraud or fraudulent misrepresentation;
3. (c)
   cashback that is properly due to you; or
4. (d)
   anything else that cannot be limited or excluded by law, including your rights under the Consumer Rights Act 2015.

1. (a)
   £100; and
2. (b)
   the total cashback credited to your account in that period.

1. (a)
   the retailer’s goods, services or conduct;
2. (b)
   an offer being changed or withdrawn before you make a purchase; or
3. (c)
   delays or faults caused by banks, our Open Banking provider, networks, retailers or messaging providers, where we have acted reasonably.

1. (a)
   we pay out all available cashback, whatever the amount; and
2. (b)
   pending cashback confirmed within 120 days is also paid to you.

1. (a)
   with at least 60 days’ notice, for a valid reason;
2. (b)
   with 14 days’ notice, if you have seriously or repeatedly broken these terms; or
3. (c)
   immediately, where we reasonably conclude after a review that you have committed fraud, or where the law requires it.

The Cashback and Withdrawal Policy explains what happens to your cashback in each case. Genuinely earned cashback is paid out unless the law prevents it or it must be set off against money you owe us.

1. (a)
   our obligation to pay you cashback that is due;
2. (b)
   your obligation to repay a negative balance; and
3. (c)
   the terms about liability, complaints and law.

1. (a)
   a change in the law or regulator guidance;
2. (b)
   a change to how earnr works;
3. (c)
   a change in how our partners work with us; or
4. (d)
   to deal with fraud or security risks.

1. (a)
   For changes that are to your disadvantage, we will give you at least 30 days’ notice in the app and by message.
2. (b)
   For other changes, we will tell you when they take effect.
3. (c)
   We may make a change sooner where it is urgently needed for security or legal reasons. If we do, we will explain why.

1. (a)
   the data we get from your bank connection, including any data that was imported when your account was created; and
2. (b)
   your rights, including your right to object.

1. (a)
   We will acknowledge your complaint within 5 business days.
2. (b)
   We aim to give you a full response within 15 business days, and we will always do so within 8 weeks.
3. (c)
   If we need longer than 15 business days, we will tell you why.

If your complaint is about a hold, reversal or closure, you can also ask for a review under section 19 of the Cashback and Withdrawal Policy.

1. (a)
   refer your complaint to a certified alternative dispute resolution provider, which we will name before withdrawals launch, free of charge to you; or
2. (b)
   go to court.

1. (a)
   The transfer will not reduce your rights or your cashback.
2. (b)
   If you are unhappy with it, you can close your account and be paid out under the Cashback and Withdrawal Policy.

You may not transfer your rights to anyone else.

1. (a)
   in the courts of England and Wales; or
2. (b)
   if you live in Scotland or Northern Ireland, in the courts of the part of the UK where you live.