Terms & Conditions
TERMS AND CONDITIONS
The DataBase Group ("DBG") manages and operates the ShopMyWay Mall website and program (the "Program") enabling members of Loyalty Rewards Programs to earn Rewards® Points ("Points") for qualifying purchases made through the ShopMyWay Mall website located at mrewards.shopmyway.com. The Program and awards are made available strictly on an "as is" and "as available" basis. DBG makes no warranties express or implied that the Program will be uninterrupted or error-free.
Please read these Terms and Conditions (the "Agreement") carefully before enrolling in the ShopMyWay Mall program. These terms and conditions constitute the agreement between you, on the one hand, and DBG ("we" or "us"), on the other hand, governing membership in the Program (the "Terms and Conditions") and it is your responsibility to read and understand the Terms and Conditions before accepting. By enrolling as a member in the Program (a "Member") you agree to be bound by the Terms and Conditions. Enrollment is defined as providing the ShopMyWay Mall program with your first and last name, Loyalty Rewards number and making a qualified purchase. Participation in the Program is at the discretion of DBG.
You agree and acknowledge that we have no control over and are not responsible for the content of, or claims made on, the websites of participating or direct merchants. The terms, conditions, warranties and representations associated with any transactions between you and a participating or direct merchant of the Program are solely between you and the merchant.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, CONDITIONS OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR ALL IMPLIED WARRANTIES AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A DEALING OR USAGE OF TRADE REGARDING THE SERVICES, MATERIALS, OR GOODS, ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH A MERCHANT PARTICIPATING IN THE PROGRAM EITHER DIRECTLY OR INDIRECTLY. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND PURCHASE OF GOODS OR SERVICES FROM A MERCHANT ARE AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING ANTICIPATED REVENUE, SAVINGS OR GOODWILL, LOSS OF PROFITS, LOSS OF REVENUE OR OTHER ECONOMIC LOSS, ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH AN EVENT.
Please refer to each Merchant's website for all terms and conditions relating to the merchant transaction, including but not limited to, guarantees, warranties, payment terms, shipping, delivery, taxes, return policies and processing of returns. We make no warranties and disclaim responsibility for fulfillment of the transaction between you and a participating or direct merchant. DBG will make reasonable efforts to respond to any inquiries made by you within 30 days.
You acknowledge and understand that we may audit all transactions initiated via the ShopMyWay Mall website to verify that transactions were completed, have not been canceled and qualify for an award as outlined in this Agreement. You understand and acknowledge that if we suspect fraud, that we may investigate and report any evidence, including personally identifiable information to law enforcement and other governmental or judicial authorities. We, at our sole discretion, may suspend and/or cancel a Member's account or login, or deny access to the links to participating merchants with or without cause at any time.
ACCRUAL OF REWARDS POINTS
We will award Loyalty Rewards Points for qualifying purchases through participating merchants on the ShopMyWay Mall website. DBG is not responsible for purchases made through a direct merchant as identified within the ShopMyWay Mall website. All qualifying purchases will accrue Points per the points-earning schedule displayed for each merchant. Members should read each point offer carefully as certain exclusions may apply. Purchases by customers with a billing address outside the United States, or which involve shipment of items outside of the United States, may not qualify for Point awards. Points offer not valid with any other offer unless expressly stated and permitted by the Merchant. Points shall be awarded only on the net purchase amount, which is reported by the participating merchant (less any taxes and/or shipping charges). Awards shall be posted to the Rewards members account no sooner than 45 days and no later than 60 days from the date of shipment. We reserve the right to reverse any Points awarded to a Member without limitation; (i) upon notification by a participating merchant of the Member's failure to fulfill the requirements of a qualifying purchase, (ii) return; in whole or in part, any goods or service previously the subject of a qualifying purchase, or (iii) if you make a purchase at a participating merchant with the intent to defraud. We will use reasonable efforts to respond to any inquiries made by you within 30 days.
DBG reserves the right to change or discontinue the program at any time. DBG is not responsible for changes to, or discontinuance of, any Merchant, any Merchant's withdrawal from the program, or for any effect on accrual of awards caused by such changes. We are also not responsible for changes to, or discontinuance of, any special offer or coupon at a Merchant's website. It is the Member's responsibility to make sure that all Merchant offers are valid and that awards for special offers are posted to the Member's account. If a participating merchant files for bankruptcy or is unable to pay for an award, DBG will take the following steps: 1) The merchant will be removed from the web site; 2) Any awards that are unpaid by merchant will be suspended indefinitely and Members will not receive Points for their purchases; 3) In the future, if the merchant or subsequent operating entity pays for the suspended award, it will be released and posted. Awards that have already posted to your account will not be reversed in the case of bankruptcy.
DBG RESERVES THE RIGHT TO MODIFY ANY OFFER AT ANY TIME WITHOUT NOTICE.
To earn and ensure receipt of Rewards Points for your purchases you must:
- Be logged into the ShopMyWay website;
- Use only valid links within ShopMyWay website to enter a Participating Retailer's website. Add selected items into your shopping cart to complete your transactions within any session generated when clicking a valid link.
- NOT purchase any items specifically excluded by the Participating Retailer, as identified in the Retailer exclusions.
- Use only coupons or promotion codes located on the ShopMyWay website.
- If you make any changes to your online purchase, either over the phone or at the time of in-store pick-up, your order will not be credited to the ShopMyWay program.
- If you return an item and wish to replace it, you must go back through the ShopMyWay site to the retailer to make the replacement purchase. Exchanges done over the phone will not be eligible to earn points.
Please note that offers may not include taxes, shipping or other fees. See specific offer for details. For some offers, such as free shipping, you may need to enter a coupon code at checkout to receive the offer.
We cannot award Loyalty Rewards Points for any purchase made through a secondary merchant within a participating merchant's website. If in doubt about whether or not you are in a valid session you should reenter the ShopMyWay Mall website and then click on the "shop now" link for the merchant that you wish to shop at directly from within the Program website, then complete your transaction. Only purchases reported to DBG by a participating merchant qualify for an award.
We reserve the right to cancel or change the ShopMyWay Mall program at any time without notice. We may endeavor, but will not be obligated, to notify you of changes or cancellation but disclaim responsibility for failure to do so or any errors in attempting to contact you.
We are not responsible for your inability to connect to the Internet, access the ShopMyWay Mall website or access a participating merchant's website. Points accrued via the ShopMyWay Mall Program are non-transferable. Any violation of the aforementioned Terms and Conditions may cause the Member's account to be cancelled and any or all points pending or awarded may be forfeited.
The design, content and subject of this website are copyright © 2017 The DataBase Group, Inc.
The DataBase Group, DBG, DBG powered, and the DBG powered logo are marks of DBG Partners, Inc.
We reserve the right to modify or change the ShopMyWay Mall program at any time without notice.