Registration Terms
Introduction
The UNiDAYS Sample Society enables you to receive product samples from brands. The UNiDAYS Sample Society (which, in this document, we’ll also refer to as “the Service”) requires people to interact with each other (us included) within some kind of framework designed to keep everybody safe and free from harm. In essence, that framework is provided by these Registration Terms, which we’ll refer to as “the Terms”.
UNiDAYS Sample Society, available at sampling-gb.myunidays.com, sampling-us.myunidays.com and sampling-de.myunidays.com, is delivered by Myunidays Limited (MYUNIDAYS LTD, “we”, “our” or “us”), a company located at 2 Castle Boulevard, Nottingham, Nottinghamshire, NG7 1FB, under registered number 07552253.
We use a third party called SoPost Limited ("SoPost"), a company incorporated in England under registered number 08216668, to manage and administer the Service and deliver the product samples to you. SoPost Limited’s registered office is at Floor 12 Bank House, Pilgrim Street, Newcastle-Upon-Tyne, NE1 6QF.
When we use words like "you" and "your", we are referring to you, who, we hope, will soon be a registered user of the Service. When we refer to the “Website” we are referring to one that we host at sampling-gb.myunidays.com, sampling-us.myunidays.com and sampling-de.myunidays.com, and any subdomains that we create.
These Terms govern your use of the Service. Please read the Terms carefully.
To be eligible to create a UNiDAYS Sample Society account, you must be an existing member of the UNiDAYS platform at myunidays.com. Please note that these Terms do not apply to your membership of the UNiDAYS platform, the applicable terms governing your membership of the UNiDAYS platform can be found here.
Prior to creating a UNiDAYS Sample Society account, we will use the OAuth 2.0 authorisation protocol embedded in our UConnect services to verify your identity and eligibility as a UNiDAYS member. With your explicit consent, we will share certain personal data (name, email address and student status) with SoPost for the specific purpose of enabling you to create an account on the Website. For more information on how UNiDAYS handles your personal data as a member of the UNiDAYS platform at myunidays.com, please see the UNiDAYS Member Privacy Policy here.
Please note that any personal data collected directly from you by SoPost during the account creation process on the Website (e.g. account profile questions, marketing preferences), and any further subsequent processing relating to the handling and fulfilment of samples, will be subject to SoPost’s Privacy Notice available here. Both UNiDAYS and SoPost act as independent data controllers of your personal data in relation to your membership of the UNiDAYS Sample Society.
As part of your membership of the UNiDAYS Sample Society, SoPost will also share your personal data with UNiDAYS to enable UNiDAYS to personalise your experience further in relation to your membership of the UNiDAYS platform. For more information on how UNiDAYS handles this personal data, please see the UNiDAYS Member Privacy Policy here.
In order to request a sample, you need to be aged 18 or over and register to create a UNiDAYS Sample Society account. If you register, you must do so on the basis of these Terms. So, if you want to request a sample, you must register and to register you will have accepted these Terms as they are set out in this document.
Acceptance; Your Registration
Registration is simple. Just complete a form on our Website with your personal details including a postal address to which we can send your samples, and tell us a little about your lifestyle and beauty preferences so we can send you the most relevant products and updates. SoPost will handle this personal information in accordance with SoPost’s Privacy Notice.
You will also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to complete your registration. But if you do check the box and submit your registration to us, please bear in mind that you will be bound by these Terms.
If you register and subsequently decide not to use the Service, there’s nothing you are required to do. If you wish, you can have your registration terminated by deleting your account, which you can do in the account area under ‘Edit’ then ‘Account’.
Once you register with us, we suggest you print off a copy of these Terms for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time.
Your Registration Account Details
We must be able to identify you as an individual from the information contained within your profile and to that extent at least, and by agreeing to these Terms, you confirm that your account information is truthful, complete and accurate and that you will keep it up to date. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these terms of use may result in immediate termination of your registration without notice to you.
You are responsible for maintaining the confidentiality of access to your account, including, but not limited to, the restriction of access to your device and/or your account login details. You agree to accept responsibility for any and all activities that occur under your registration, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your registration. It is your sole responsibility to control the dissemination and use of your authorised link, control access to and use of your registration, and notify us when you desire to cancel your registration on the Website. You may not use anyone else’s authorised link or account at any time on the Website. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Website if your failure to keep your account information secure and confidential results in someone else’s use of your registration or registration information. If you know of or suspect that anyone other than you knows your account login details, you must promptly notify us at info@myunidays.com.
Other registration and entry conditions
You must confirm that you are at least 18 years of age and capable of entering into binding contracts. Assuming then that you are aged 18 or over, your registration on these Terms governs the relationship between you and us. You may not transfer or sell your rights under these Terms to anybody else nor may you use it as security for anything. The nature of running a Service like UNiDAYS Sample Society means that we may, for some reason, have to ‘assign’ the Service to another business (for example, as part of a restructure or if UNiDAYS Sample Society is bought by another company).
The UNiDAYS Sample Society community is currently only available in. i) the 50 United States, as well as the District of Columbia, and you will only be able to register with an address for delivery in these locations; ii) Mainland UK, and you will only be able to register with a mainland UK delivery address (which shall exclude the Isle of Wight, Isle of Man, Outer Hebrides, Scottish Islands and Northern Ireland); iii) Germany, and you will only be able to register with an address for delivery in that location.
With occasional exceptions where a fee will be requested, e.g. to fund postage, all samples are free to claim. However, you are expected to pay your own costs of connecting to the Service and Website
All sample campaigns may be subject to additional rules. These will be listed in the special terms and conditions buttons on the campaign entry page.
How you can terminate your Account
You can terminate your registration at any time. To terminate your registration, please log in to your account (go to "Settings" -> "Privacy" -> "Delete account") and submit the deletion request. From here, your account will be deleted and you will no longer be able to access or use the Service.
Your Use of UNiDAYS Sample Society: How You May Use the Website and the Service
As a platform technology, UNiDAYS Sample Society is what its users make it. That said, there are core purposes for it (as outlined in the Introduction above) that encompass everything that we and our users do with it.
You agree that you will abide by these Terms and our purposes and, if you are a registered user of the Service, you agree that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes outlined above.
The Website and the Service are for your personal, non-commercial and lawful use only. Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, licence, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Website or the Service or any content, information, software, products or services obtained from the Website or the Service, for any commercial purpose or enterprise. You may not use the Website or the Service, or any content within the Website or the Service, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of MYUNIDAYS LTD, or other individuals or entities.
The Service
We are delighted when our users share offers they find through the Service with their friends and we encourage you to do that. However, whilst sharing with friends is great, piggybacking on the services we provide in order to build your own business is very much not and is not permitted. You agree that whilst you may share offers with friends for personal purposes, you will not share our offers on a commercial scale and/or for business purposes, whether within a closed group or list of individuals or to the public at large. If you do so nonetheless, you acknowledge that we may pursue legal action in order to recover from you damages for the losses that we or our brand partners have suffered at your hands.
You will not use your registration for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as ‘spam’. Spam is a real nuisance and it makes us and our users very unhappy, so if you distribute spam through UNiDAYS Sample Society, we’ll terminate your registration immediately and won’t allow you to use our Service in the future.
Finally, we only allow one sample per person per campaign and where necessary, we may need to impose a limit of one sample per household per campaign. So, if you’re using an email address to claim a sample, you warrant that the email you’re using is your own, which you created in the regular course of things - specifically, we’re talking here about using multiple accounts and/or multiple identities for the purpose of requesting multiple product samples. Doing this sort of thing is in breach of these Terms and deprives others of a fair chance to receive samples they would like to request so if you do it, we’ll ban you from using UNiDAYS Sample Society and we may pursue you for damages should your actions harm a campaign we are running for a brand partner. To counteract this, you promise only to open and use one account for the duration of your relationship with us.
If you use the Service for commercial purposes without engaging with us formally as a brand partner or authorised distributor, we will terminate your registration immediately (which would mean you can no longer access or use the UNiDAYS Sample Society) and we reserve the right to commence proceedings against you.
Emails
As part of the Service, SoPost will send you emails on our behalf to make claiming product samples easier. You will only receive these emails with your explicit consent when you create your account. However, you may choose not to accept the sample offers. If you do not give your explicit consent to receive the emails, we won’t alert you when new samples are available for you but you can still claim samples directly through your account area on the UNiDAYS Sample Society website.
We will also send you emails requesting your opinion on samples you received,as your feedback is extremely helpful to the brands whose products we send you.
When claiming a sample, you will be given the option to opt in to receive marketing communications from the third party product sample brand who is providing the sample. This does not affect your ability to claim a product sample and is completely optional. If you do opt in to receive such information, your contact details will be passed to the product sample brand for this purpose.
Reviews
In using the Service, you’ll have the chance to write reviews. You may also choose to share content and offers that you like and in doing so, you may add your own comments or post to your social media accounts. In doing so, you promise that the content you upload won’t deliberately offend. What we are chiefly concerned with here is content that is offensive, obscene, abusive, libellous, false, deliberately misleading, or is otherwise illegal. For short, let’s call this "Unlawful Content".
If you do use UNiDAYS Sample Society to distribute Unlawful Content, we reserve the right (at our complete and sole discretion) to remove any such content immediately and to suspend or terminate your account and we may take such action without notice to you. If you behave in this way, you may leave us with no alternative but to refer the incident to the authorities.
Unless specifically otherwise stated, you agree that by submitting reviews to us, (i) such reviews shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid- up, irrevocable, transferable, worldwide right and licence to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such reviews, without compensation, acknowledgement or notice to you. You waive any moral rights you have in respect of our use of the content you submit on the Website. You also represent and warrant to us that: (a) you have the necessary permissions and rights to provide such reviews to us (b) you are sole responsible for the review you submit and we do not screen your content prior to publication on the Website and therefore any opinion submitted by you will be accurate and/or genuinely held.
Intellectual Property
We confirm to you that we own and control or are the licence holder of all intellectual property rights in the Website, the framework and content that makes up the UNiDAYS Sample Society. These works are protected by intellectual property laws and treaties around the world. All such rights are reserved. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics that you use in making use of your registration (in accordance with these Terms). We will build databases that contain details of the offers that we circulate, the people to whom those offers are circulated and the people to whom we subsequently deliver samples. We invest a lot of time and money into building and maintaining those databases and making sure that the data within them is as correct as it can possibly be. They are the subject of database rights that are owned by us and which we licence to you for the sole purpose for you to make use of our services for your own personal use. You will not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Website or the Service, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or the Service, or any features or functionality of the Website or the Service, to any third party for any reason, including, without limitation, by making the Website or the Service available on a network where it is capable of being accessed by more than one device at a time.
Samples
Samples that you receive via the UNiDAYS Sample Society community are for your personal use only. To be completely clear, USING THE UNiDAYS SAMPLE SOCIETY FOR COMMERCIAL PURPOSES IS COMPLETELY FORBIDDEN - unless you are one of our brand partners or one of our authorised distributors.
Nothing in these Terms should be interpreted so as to apply any form of legal obligation or duty upon us to supply samples (or any particular sample) to you. You acknowledge that the receipt of samples is a “gratuitous benefit” - in other words, it’s something for which you’ve paid nothing and for which we are not contractually obliged to you to sprovide.
SoPost may not be able to deliver a sample that you request and this could be for a number of reasons. It may be that there was limited stock and you didn’t request it before they ran out. Or maybe they thought they had more than they did, perhaps because they realised that some of their stock was damaged in some way. Or maybe the brand in question withdraws a whole campaign and all samples related to it or fails to provide the products at all. Or it may simply be that you don’t fit the profile of the types of consumers that the brand in question has asked SoPost to target. If SoPost is unable to deliver a sample to you, they will let you know that they are not going to be able to deliver the sample as soon as they can within reason.
Our ability to terminate your Account
If at any time, we have any reason to believe that you have breached these Terms, or in your use of the Service you have infringed the intellectual property rights or other rights of any third party or breached any applicable laws, we may suspend your profile without notice to you while we investigate and if we deem necessary (in our sole and complete discretion) we may terminate your Account which will mean that you can no longer access or use the Service
Businesses
If you wish to engage with the UNiDAYS Sample Society as a business, we have other terms and conditions that apply to that. Contact us at info@myunidays.com to find out more on this or have a look elsewhere on the Website.
Updates to the Service; Changes to these Terms
SoPost is always working on new features and occasionally and may want to replace older features with new ones. From time to time, SoPost may provide new features or functionality. SoPost reserves the right to add or remove functionality and features. If this happens, SoPost will try to give you some advance notice of this but from time to time, this might not be possible.
These Terms may be amended from time to time. If we do have to amend the Terms, SoPost will send you an email to notify you of this and the date upon which the new versions will be effective. If you choose to continue to use your UNiDAYS Sample Society account after that, you will do so on the basis of the new Terms which you are deemed to accept through your continued use.
Limitations of Liability; Warranty Disclaimers
To the maximum extent permitted by law, MYUNIDAYS LTD WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) IN CONNECTION WITH THE WEBSITE OR THE SERVICE, HOWEVER THAT LOSS, DAMAGE OR EXPENSE MIGHT ARISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR DELAY IN CONNECTION WITH THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. Without limitation, this might include a failure of an internet service provider to deliver notifications to you
Your use of the Website and Service is at your sole risk. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) THE WEBSITE OR THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO THE WEBSITE’S OR THE SERVICE’S COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE WEBSITE OR THE SERVICE AT ANY TIME, FOR ANY REASON.
In signing up to these Terms, you acknowledge that the UNiDAYS Sample Society is a platform through which consumers may get access to product samples for free. We’re not responsible for any of the product samples, product descriptions and instructions for use (the "Product Materials") that SoPost makes available and delivers to you. If you have a concern with the nature, quality or content of any Product Materials that SoPost deliver for a brand partner, you should address any such issue to the brand partner on whose behalf the Product Materials are being delivered.
These limitations and exclusions of liability will survive the termination of your registration.
WE WILL NOT BE LIABLE FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE UNiDAYS SAMPLE SOCIETY OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PARTIES.
Waiver
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we choose to and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist on your compliance.
Electronic Communications
From time to time, we will have to give you information relating to your use of the Service. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms, the UNiDAYS Member Privacy Policy or the SoPost Privacy Notice. We will send this information to you in the form of notifications via our Website. We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up- to-date) or in some other form of electronic communication. The communications between you and us use electronic means, whether through the Website or via email. You agree to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Notices
If, for some reason, you need to communicate with us, you can send UNiDAYS an email at the following email address - info@myunidays.com.
Information that we send to you or you send to us we’ll call “Notices” for the purposes of these Terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you by way of notification through an app will be deemed as having been served immediately. A Notice sent by us to you via a notification sent to your account via our Website only or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up.
Severability
If at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable, You and we acknowledge that the rest of the Terms will remain in place between the parties and will survive intact with the unenforceable element removed.
Entire Agreement
Everything relevant to our relationship with you with respect to our Website and the Service is set out either in these Terms, the UNiDAYS Member Privacy Policy and the SoPost Privacy Notice. You acknowledge that in registering to use the UNiDAYS Sample Society, you haven’t relied upon any statement made or promise given by us, whether stated or implied, from our conduct. These Terms, and any rights and licences granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by MYUNIDAYS LTD without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
Governing Law, Jurisdiction and Venue
These Terms will be governed and construed in accordance with the laws of England and Wales.
Contact Us
If you have any questions about the Service, please contact us at info@myunidays.com. For privacy or data related questions, please email the Data Protection Officer at dpo@myunidays.com with details of your query or request.