Terms of use & Terms of service

Terms of Service

Last updated on June 10, 2024

These Shopmium terms of service (the "Agreement" or the "Terms of Service") are a legal agreement between you ("you," “member” or "your") and CB Neptune Holdings, LLC d/b/a Neptune Retail Solutions, a Delaware limited liability company” ("Shopmium", "we", "our" or "us").

Shopmium may provide services including but not limited to the Shopmium Cash Back Credits Program (the "Program") as more fully described below (collectively, the "Services"), via our websites and mobile applications (collectively, the "Sites") to you subject to these Terms of Service. Please read these Terms of Service carefully before using the Services. By accessing or using the Services, you explicitly agree to comply with and be bound by these Terms of Service and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms of Service, do not use the Services.

The Services are for your own personal use only. You may not resell, lease or provide them in any other way to anyone else. You must be at least sixteen (16) years old to use our Services, provided, however, that if you are under eighteen (18) years old, you must have legal parental or guardian consent. You may not use the Services if you have been previously suspended, removed or deactivated from using the Services.

These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Shopmium or its affiliates for products, services or otherwise unless expressly incorporated by reference into them. Also, these Terms of Service are in addition to the privacy policy found here.

Our Services are currently offered free of charge (subject to any Account Management Fees as per Section 3 below), but we may decide to change this policy at a later stage. In such cases, we shall inform you in advance by email and you will then be able to decide if you want to continue using the Services on our Sites.

If you have any questions about these Terms of Service, please contact us via this email address contact.uk@shopmium.com

1. Privacy Policy

Please refer to Shopmium's privacy policy (the "Privacy Policy") for information on how Shopmium collects, uses and discloses personal data from its users. The Privacy Policy can be found here.

2. Cash Back Credits Program

As part of the Program, Shopmium lets members accumulate Cash Back Credits by buying certain products with an associated Cash Back Credits value (a "Shopmium Offer"). Each Shopmium Offer describes the associated products and certain restrictions or limitations that apply to the Shopmium Offer.

You may also accumulate Cash Back Credits for taking other actions, participating in marketing challenges or referring a friend as further described in the Referral Program per Section 5 below.

You become eligible to exchange Cash Back Credits for an equal amount of money once your Cash Back Credits balance is equal to or greater than the established minimum distribution amount of GBP 10.00 (“Minimum Distribution Amount”) on the date you request a distribution. Shopmium reserves the right to change the Minimum Distribution Amount at any time. Shopmium will notify you by email to the address in your Registration Data before we change the Minimum Distribution Amount. Note that your Cash Back Credits balance must be at least equal to the Minimum Distribution Amount each time you are able to request an exchange and distribution. You may also accumulate Cash Back Credits in an amount greater than the Minimum Distribution Amount which will be held in your Cash Back Credits balance. See Section 3 below for how to request your Cash Back Reward (as defined below).

You will only be able to view and redeem Shopmium Offers available for the country specified in your Registration Data and which remain valid pursuant to the Shopmium Offer terms.

3. Cash Back Credits

General

When you upload a receipt to the Shopmium mobile App or the website and we determine in our sole discretion that you have purchased a product with an associated Shopmium Offer during the time the Shopmium Offer is valid and in accordance with the Offer terms (each a “Claimed Offer”), you will accumulate the Cash Back Credits value described in the Shopmium Offer (on our Sites, we refer to this as accumulating "Cash Back").

When your Cash Back Credits balance reaches the Minimum Distribution Amount, you may request (a "Distribution Request"), as described in the next subsection as “Payment,” that your Cash Back Credits balance be redeemed for an equal amount of money (a "Cash Back Reward"). You may elect to receive your Cash Back Reward either by bank transfer or via an approved third-party electronic payment method such as PayPal, in accordance with the payment terms described below, or you can leave your Cash Back Credits balance to continue accumulating. If you do not make a Distribution Request, we are under no obligation to send you a Cash Back Reward as part of the Program. You are responsible for redeeming Cash Back Credits. There is no automatic redemption or periodic distribution of Cash Back Rewards. Cash Back Credits balances have no cash, monetary or other value prior to being accumulated in full (reaching the Minimum Distribution Amount) and redeemed pursuant to a valid Distribution Request made in accordance with these Terms. No interest is paid on Cash Back Credits balances. Members have no property rights or other legal interest in the Cash Back Credits for any purpose. All Cash Back Credits remain the sole property of Shopmium until distributed per these Terms of Service. Your Cash Back Credits balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding, or death, and cannot be combined with Cash Back Credits of any other member in the Program.

Your Cash Back Credits balance reflects the value of Cash Back Credits for Claimed Offers within the United Kingdom. In other words, if you switch your specified country your account will reflect balances only for the Claimed Offers that are available for the specified country. You cannot combine Cash Back Credits balances from different countries.

Cash Back Credits that have expired (see below) are no longer redeemable.

Payment

When you make a Distribution Request, you must elect within the Site to receive your Cash Back Reward either via a bank transfer or via an approved third-party electronic payment method, such as PayPal. Your use of a third-party electronic payment method is subject to the terms and conditions of such third-party electronic payment provider, as the same may be modified by such third party from time to time. If you elect to receive your Cash Back Reward via PayPal, you authorise us to instruct PayPal to deposit the amount of your Cash Back Reward into your PayPal account.

Once a Distribution Request is approved and payment is authorised by us, your Cash Back Credits balance will be reduced by the amount of authorised payment. If you return any Products for which you accumulated Cash Back Credits, you must notify us and we reserve the right to deduct from your Cash Back Credits the value of the Offer related to such returned Products and/or terminate your account. Photos or scans taken through the Sites or which are emailed to Shopmium, must be of the original receipt issued by a retailer, which cannot have been altered in any way and must be the receipt from a purchase that you paid for personally. For online orders, you must upload a photo of an itemised packing slip to verify that you have completed the purchase and received the items purchased. We have no responsibility and assume no liability for any loss or delay of any Cash Back Reward, once we instruct PayPal or another approved third party electronic payment provider to deposit the amount of your Cash Back Reward in your account. We assume no liability and you are solely responsible for your account with PayPal or any other approved third-party electronic payment provider. Should we receive from PayPal or any other approved third-party electronic payment provider any funds that are part of a Cash Back Reward that was not distributed by PayPal, or any other approved third-party electronic payment provider, we will credit such amounts to your account. Should PayPal or any other third-party electronic payment provider overpay your Cash Back Reward, you authorise us to instruct PayPal or such other approved third-party electronic payment provider to deduct from your PayPal or other approved third-party electronic payment provider account the amount of such overpayment. If we cease providing the Program, we will notify you at the email address you provide in your Registration Data and we shall provide you with 30 days to make a Distribution Request (subject to our Minimum Distribution Amount of Cash Back Credits balance requirement described above). If you do not make a Distribution Request within such 30-day period, your entire Cash Back Credits balance expires. If you ever cancel your account, it will be your responsibility to make a Distribution Request (subject to our Minimum Distribution Amount of Cash Back Credits balance requirement described above) before cancelling. If you do not make a Distribution Request before cancelling your account, any Cash Back Credits balance in your account expires upon such cancellation.

If we determine that you have violated these Terms of Service, we may in our sole discretion and as permitted by law, terminate your account and any pending, current, or future Cash Back Credits balance you may have immediately expires. We will notify you of such termination at the email address you provide in your Registration Data, and such termination shall be effective immediately.

To Receive Payment You Must Maintain a valid account, email address and payment method.

4. Mobile Services

Shopmium offers mobile applications as a fast and easy way for our members to use the Services (the “Mobile Services”). If you download and access the Services through the Shopmium apps, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device, in accordance with our Privacy Notice and applicable law.

5. Referral Program

From time to time, Shopmium may introduce special bonuses or incentives for you to share with friends and family via a personal referral code or URL, which shall be governed by the current Referral Program terms. You shall not be eligible to earn these bonuses if you invite other users who share the same mobile device, if you create multiple accounts in an effort to earn referral bonuses for inviting yourself, or if you do not otherwise comply with the Referral Program terms applicable to such program. Such actions violate these Terms of Service and shall be grounds for Shopmium to terminate your account, rescind any referral bonuses, reverse or correct Cash Back Credits balances, or take other actions as appropriate. Where you cannot produce proof that referrals have been made in accordance with these Terms of Service, such as by examples of how referrals have taken place, including screenshots of where referrals were made, Shopmium reserves the right to terminate your account, decline to award referral bonuses, rescind bonuses, demand repayment of Cash Back Credits credited, or take other remedial actions.

6. Ownership of Content

Except as otherwise indicated, the Services, and all rights, title and interest in and to all intellectual property in text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Shopmium logo and all graphical designs, text, graphics, pictures, information, data, software, sound files, other files, the selection and arrangement thereof, goodwill and any rights of the same or similar effect or nature as any of the foregoing anywhere in the world (collectively, the "Content") are the exclusive property of Shopmium or its licensors. All rights to the Content are expressly reserved. Except as expressly granted under Section 8 of these Terms of Service, nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright, database rights or other intellectual property right owned or controlled by Shopmium or any third party without the prior written permission of Shopmium or such other relevant third party.

Any and all intellectual property rights created or otherwise arising in the course of providing or receiving the Services shall vest in Shopmium upon creation, and you hereby assign such rights by way of present assignment of future intellectual property rights to Shopmium. To the extent that the foregoing assignment is ineffective, you agree to execute all such documents as are reasonably necessary to give effect such assignment upon request.

7. Trademarks and Copyright

Shopmium, its trade marks, trading names, company names, service marks, logos, copyright (including moral rights and neighbouring rights), all software compilations, underlying source code and software (including apps) and any rights of the same or similar effect or nature as any of the foregoing anywhere in the world displayed on, communicated through, or used in the course of, the Services are the property of Shopmium or their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shopmium or the applicable rights holder. For the avoidance of doubt, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the intellectual property of Shopmium and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shopmium. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Shopmium.

8. Limited License to the Content

Shopmium grants you a limited, non-exclusive, royalty free, revocable, non-transferable, and non-sublicensable licence for the purposes of accessing and using the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trade mark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, web and/or data scraping, robots or similar data gathering or extraction methods for any purpose, including the training of AI; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Shopmium is strictly prohibited and Shopmium shall terminate the license granted herein with immediate effect. Shopmium shall have the right to revoke this license at any time.

Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence of intellectual property rights, whether by estoppel, implication or otherwise.
You represent and warrant that you will be personally responsible for your use of the Services, and that you will not use, introduce, or incorporate any intellectual property owned by a third party as part of your use of the Services, and will not infringe or violate the intellectual property rights of any other party. You expressly agree to indemnify Shopmium, its affiliates and their respective directors, officers, employees and agents, against any liability to any person (including, without limitation, any damages, losses, costs and expenses) arising out of the infringement of any third-party intellectual property rights used, introduced or incorporated into the Services by you. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

We further reserve the right to suspend or terminate the user’s access to the Services or parts thereof without any liability to the user on our part in the event the user breaches this Section 8.

You may contact Shopmium at the address set out at the bottom of these Terms to request permission for uses of Content not included in the foregoing licence.

9. Claims of Copyright Infringement

If you believe in good faith that materials available on the Services infringe your copyright, you (or your representative) may send us a notice in writing providing us with the following information:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner or otherwise permitted by law; and
A statement that the information in the notification is accurate and that you are either the owner or you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice that meets the above requirements, we will contact the alleged infringer, if known, and we may remove or disable access to the material that is alleged to be infringing if hosted on the Services. If we receive more than one notice of copyright infringement regarding a user, we may, in our sole discretion, deem the user to be a repeat copyright infringer and we may suspend or terminate the user’s access to the Services or parts thereof without any liability to the user on our part.

Notices submitted for the purposes of this Section 9 should be sent by email to copyright@neptuneretailsolutions.com.

10. Hyperlinks; Third Party Sites, Content and Services

The Services may contain links to third-party websites such as PayPal or other approved third-party electronic payment service providers ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Shopmium does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. A link to a Third-Party Site or Third-Party Content does not imply Shopmium's endorsement, adoption, or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

When you leave the Services, our terms and policies will no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Links to the Sites from Third Party Sites are permitted only upon approval from Shopmium. Please contact us at [contact.uk@shopmium.com] to seek such approval.

11. Registration Data, Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password and use of your account; and (c) promptly update the Registration Data and any other information you provide to Shopmium, and to keep it accurate, current and complete. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current. If you suspect a security vulnerability on Shopmium, including that your account may have been accessed or used without authorisation, we encourage you to report it to us via the contact information provided in Section 21 below.

12. Limitations of Liability

You have certain rights under the law. Nothing in these Terms of Service is intended to affect these rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.

Shopmium does not guarantee that the Services will meet your requirements. Shopmium shall be liable as expressly provided in these Terms of Service, but shall have no other obligation, duty, or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

Shopmium is not responsible for:

(i) any indirect, special, or consequential loss, damage, costs or other claims, howsoever caused or arising, or other non-performance of this Agreement that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to these Terms of Service, both we and you knew it might happen;

(ii) damage which you could have avoided by following our advice to apply an update offered to you free of charge;

(iii) damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us; and

(iv) any business losses. We only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude liability for death or personal injury caused by our negligence or that of our employees and agents nor for fraudulent misrepresentation by us or our employees or agents.

13. User Communications

Except as set forth in our Privacy Notice, any information and materials you submit to us via the Services, email, or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein are voluntary, non-confidential, gratuitous and non-committal. You agree that we are free, consistent with the Privacy Notice, to use, reproduce, modify, distribute, display, perform, broadcast, sublicense, and disclose any information you provide in any manner, in any form or medium, without any obligation, express or implied, to you, without any notification, payment or attribution to you. Shopmium shall own the exclusive rights, including all intellectual property rights, to any work it creates or has created from your submitted content or any similar idea of its own.

14. Your Obligations

You agree that:

You will use the Services only as authorised by us.
You will comply with all applicable laws, rules, and regulations when using the Services.
You will not take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages or impairs the Services, any materials or information available through the Services, our systems, or our networks.
You will not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technology harmful.
You will not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
You will not reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Services (including but not limited to Content), including but not limited to using any software to suppress or alter the display of advertising through the Services, without our express prior written consent.
You will not transmit, upload, post, or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise inappropriate content.
You will not use the Services (including but not limited to Content) for any fraudulent, unlawful or unintended purpose.
You will not use any Content other than in accordance with this Agreement and any other terms and conditions applicable to such Content.
You will not attempt to gain unauthorised access to any portion or feature of the Services or Sites, to any other computers, databases, systems or networks connected to the Services and Sites, or to any of our servers by hacking, password mining, or any other unauthorized means.
You will only create and hold one account and only for your personal use. - You may not associate more than one user account with any mobile device.
You may not transfer, sell, combine, or otherwise share your account with any person.
You are responsible for updating and correcting your Registration Data and any other information you may provide via the Services.
You are responsible for your accounts with other services, such as PayPal, and any other information you may provide those third-party services.
You may not share your password with other persons. You will, upon our request and in our sole discretion, provide additional proof of purchase.

15. Your right to cancel your user account

You may request to cancel your user account at any time by emailing Shopmium at [contact.uk@shopmium.com.] Your user account will be deactivated within five (5) business days of Shopmium's receipt of your email. Any Cash Back Credit balance remaining in your account which has not yet been transferred to your PayPal account, or paid to you by bank transfer, will immediately be cancelled upon receipt of your email termination, and you will not thereafter be entitled to receive any payments whatsoever out of such user account. You should ensure that the Cash Back Credit balance in your user account (subject to the Minimum Distribution Amount and deduction of any Account Management Fees) has been paid to you before cancelling your user account.

16. Applicable Law and Venue

You and Shopmium explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of England & Wales. You and Shopmium both agree that the English Courts will have exclusive jurisdiction, except if you live in Scotland you may also bring legal proceedings in the Scottish courts and if you live in Northern Ireland you may also bring legal proceedings in the Northern Irish courts.

17. Dispute resolution

We expect that our customer service team will be able to resolve most issues you may have using the Services. You can contact our customer service team as described in Section 21 below.

18. Termination / Modification of License and Site Offerings

Termination

Shopmium reserves the right to, without notice, cancel any of your current or future Distribution Requests and/or terminate [or suspend] your user account if you breach these Terms of Service (or any other terms in place with us) and, to the extent permitted by law, any pending, current, or future Cash Back Credits balance in your account will expire as described in Section 3 of these Terms of Service.

The provisions of these Terms that are by their nature intended to survive termination (e.g., limitations of liability, indemnities, arbitration agreements, and class action waivers) shall survive.

If we terminate your account, you agree to not create another account without our prior, written authorisation.

Modification of License and Site Offerings

Shopmium may, from time to time, have to terminate or correct an offer and , credit, or otherwise adjust your account accordingly.

In addition, at any time and as permitted by law, we may review and, in our sole discretion, adjust, terminate, or reject your account, any offers that may be available to you via the Services, your Cash Back Credits balance, and any payments you have requested.

19. Miscellaneous

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Shopmium may assign the Terms and/or any or all of its rights and/or obligations hereunder to any party without your consent and without notice.

Assignment

You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Shopmium, and any such attempted assignment will be void and unenforceable.

Entire agreement

These Terms constitute the entire agreement between you and Shopmium regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Shopmium regarding your use of the Services. No term or condition of these Terms of Service is waived and no breach is excused unless the waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent to or waiver of a particular breach, whether express or implied, shall constitute a consent to or waiver of a different breach.

Force Majeure

Shopmium is not responsible for any failure to perform, or unreasonable delay in its performance of, any of its obligations herein that are directly or indirectly caused by or a result of, any events outside Shopmium's reasonable control, including, without limitation, war, terrorism, riots, natural disasters, labour strikes, and inability to obtain raw materials.

Third Parties

You and Shopmium shall be the only parties with any rights to enforce the Terms of Service and any documents expressly referenced herein.

Shopmium's rights to vary these Terms of Service

Shopmium has the right to revise and amend the Terms of Service from time to time. You shall be subject to the Terms of Service in force at the time you make a Distribution Request unless: (i) any change is required to be made by applicable law or governmental authority (in which case it may apply to the Distribution Requests previously made by you); or (ii) if Shopmium notifies you of a change to the Terms of Service prior to providing you with the Confirmation.

No Reliance

Shopmium makes no statements or guarantees that the Sites are or will be free of defects, errors, viruses, or other harmful components. Although we make reasonable efforts to update the information on our Sites, the pages on the Sites may contain technical inaccuracies, outdated information, and typographical errors.

You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software. Your use of the sites is entirely at your own risk, and you assume full responsibility and risk of loss resulting from the use thereof. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the sites.

We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Sites or Shopmium's computer systems

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS." SHOPMIUM DOES NOT MAKE ANY STATEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY RELATING TO NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTORY QUALITY, WITH RESPECT TO THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES. WE DO NOT PROMISE THAT DEFECTS ON THE SITES WILL BE CORRECTED.

20. Notices

We may issue notices and/or communications via various channels, including by distributing messages via our Services and/or sending emails to the address you provide in your Registration Data. You agree that such notices shall have legal effect. And you agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use the Services. By accepting these Terms of Service, you confirm that you are able to receive, access, and retain the notices and communications we may send.

You may have the right to withdraw your consent to receiving certain electronic communications, as outlined in our privacy policy. You may make such a request via the channels listed in Section 21 below.

21. QUESTIONS AND CONTACT

If you have any questions regarding these Terms of Service or your use of the Services, please contact us at contact.uk@shopmium.com.

If you believe you have found a security vulnerability on Shopmium, we encourage you to report it to us via this email address contact.uk@shopmium.com.

22. Additional Terms Which Apply Only If You Download the Shopmium Application from the Apple App Store

If you have downloaded the Shopmium application (the "App") from the Apple App Store, the following additional terms will apply:
You and we acknowledge that these Terms of Service are concluded between Shopmium and you only, and not with Apple, and that Shopmium is solely responsible for the App, its contents, and related maintenance and support services.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we acknowledge that Shopmium, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Without prejudice to any limits placed on our liability under these Terms of Service, you and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Shopmium, and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You promise that: (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof. Notwithstanding the above, our right to amend these Terms of Service is not subject to the consent of Apple's or Apple's subsidiaries.