Participant Licence

HAVEYOUSEEN LIMITED, a company registered in England and Wales under company number 08732329, whose registered office is at The Town House, 114-116 Fore Street, Hertford, England, SG14 1AJ hereinafter referred to as "HYS" or "We" set out the following terms and conditions upon which HYS offers a HYS Member herein referred to as "You" and "Your" a licence to use www.haveyouseen.com (the "Site") and the services to participate in the HYS Program which enables HYS Members to share HYS Shared Links and earn potential HYS Commissions ("HYS Services") (the "Terms"). These Terms incorporate our Cookie Policy, Website Terms of Use and Privacy Policy by this reference (collectively called the "Licence"). These Terms shall remain in full force and effect to the extent that a HYS Member makes use of the Site and the HYS Services (including during which any UGC remains displayed on, or stored by, the Site) unless terminated by You or by HYS in accordance with the Terms herein.

1. DEFINITIONS

The definitions to be read with these Terms are set out in full at Clause 20.

2. GENERAL

2.1
By using any of the HYS Services and the Site, You expressly agree to be bound by these Terms and all applicable Legislation and Codes governing the Site and the HYS Services. These Terms form a legally binding agreement between You and HYS in relation to Your use of the HYS Services and applies to all HYS Members as applicable who may also be contributors of UGC posted on the Site.
2.2
You should read these Terms carefully and ensure that You understand the effect before proceeding to use the HYS Services. If You disagree with any part of these Terms, do not use the Site for the purpose of the HYS Services. If You violate these Terms, HYS may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
2.3
HYS reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that HYS will treat Your use of the Site and/ or the HYS Services as acceptance of the these Terms including Your continued use subsequent to any changes being posted on the Site.
2.4
Words denoting an obligation on a HYS Member to do any act, matter or thing includes an obligation to procure that it be done and words placing a HYS Member under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

2. GENERAL

First-party cookies are cookies set by the specific website You visit i.e. the website displayed in the URL window.

3. THE HYS PROGRAM

3.1
As an intermediary host advertiser and provider of the HYS Platform and subject at all times to You not being in breach of any of these Terms, HYS is dedicated to facilitating an exclusive online venue whereupon HYS Members can view Products on the Site which are advertised by HYS Retailers and then have the opportunity to share certain HYS Shared Links recommending those Products to family, friends or colleagues who in turn can either click on the HYS Shared Link and be transported to the HYS Retailer Site to browse and/ or complete a purchase of one or more Products and/ or further recommend the HYS Shared Links by sharing them with others.
3.2
Subject to acceptance of the HYS Licence terms, a HYS Member has the potential to earn a HYS Commission in respect of a Qualifying Purchase made by an End User. See Clause 5.4 for what constitutes a “Qualifying Purchase”. All HYS Members have the potential to earn a HYS Commission if they are members of the relevant HYS Sharing Chain which results in a Qualifying Purchase. For the avoidance of doubt, You must be a registered HYS Member in order to:
  1. share HYS Sharing Links; and,
  2. earn HYS Commissions

4.4.REGISTRATION

4.1
To make optimum use of the Site and the HYS Services to enable a HYS Member to access the HYS Platform in order to share HYS Shared Links and earn HYS Commissions, You must complete an online registration form to activate a HYS Member Account and a HYS Login by providing HYS with inter alia, Your email and name and chosen password.
4.2
It is in HYS’s absolute discretion to decide if You qualify (or continue to qualify) as a HYS Member who is eligible to participate in the HYS Program. You must comply with all requests that HYS may make for e.g. proof of identity. HYS reserves the right to decline any application for HYS Membership to the HYS Program and to terminate Your HYS Membership at any time, with or without notice or cause and in its entire sole discretion. The Personal Data including payment information that You provide must be true, accurate and complete at all times.

5. HAVEYOUSEEN’S ONLINE USE OF COOKIES

Cookies on our Site are used for many purposes including but not limited to:

  1. enabling a HYS Member to register on the Site (be verified) and to have such details remembered for later by utilising a HYS Login;
  2. enabling a HYS Member to avail of the HYS Services;
  3. enabling a HYS Member to participate in the HYS Program and to potentially earn HYS Commissions;
  4. recognising Your computer when You visit our Site;
  5. improving the Site’s usability;
  6. analysing the use of our Site;
  7. administrating the Site;
  8. preventing fraud and improving the security of the Site;
  9. personalising our Site for You
  10. to analyse the use of our Site through analytics software such as Google Analytics: We use Google Analytics, a popular web analytics service provided by Google, Inc. The information generated by the cookie about Your use of our Site (including Your IP address) will be transmitted to and stored by Google on servers in the United States. Google Analytics will use this information for the purpose of evaluating Your use of our Site, compiling reports on Site activity and behaviour – such as the typical length of stay on the Site or the average number of pages a user views or for the purpose of providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google undertakes not to associate Your IP address with any other data held by Google. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.

Below is a full list of the cookies used by www.haveyouseen.com along with which cookie category they slot in to, whether they are first or third party, what their purpose is and when they expire on Your device:

COOKIE NAME TYPE OF COOKIE FIRST OR THIRD PARTY PURPOSE EXPIRE
STRICTLY NECESSARY
FUNCTIONALITY & PROFILE
TARGETING
PERFORMANCE
We keep our Cookie Policy under regular review. This Cookie Policy was last updated on 23 June 2014.