Frame 2610959

Terms of use 
for ITV Kerching Users

Group 2611045

Last updated 11th September 2024

Welcome to ITV Kerching, the discount thing!

Operated by Kindred

We're excited to have you here! This document describes our relationship and rules for using ITV Kerching, operated by Kindred.

Part 1: Our relationship

We'd like to start by describing how our relationship works.    

Who's who?
We are Kindred Soul Ltd (Kindred). Our registered address is PEM, Salisbury House, Station Road, Cambridge, CB1 2LA
This document will refer to you as, well, you. Nice and simple.
We provide you with the technology that gives you access to discount codes for various retailers as you shop online in your browser (the Kindred Service). ITV licenses the Kindred Service from us and we make it available to you as ITV Kerching. Kindred operates ITV Kerching and is responsible for the service you receive. When you activate ITV Kerching, you do so as a Kindred user.
If you want to get in touch with Kindred about the Kindred service or this agreement, email: itvkerching@kindredteam.com
This agreement
Your use of ITV Kerching is governed by these terms, which is a legal agreement between you and Kindred.
By activating ITV Kerching, you are accepting these terms.
Kindred may modify these terms to reflect changes in the law and the Kindred Service
The service
ITV Kerching allows Kindred to provide you with discount codes for various retailers via Kindred’s affiliate relationships with such retailers or by scanning the internet to retrieve potential available discount codes.
If you enable ITV Kerching on your mobile or desktop device, potential available discount codes will be presented to you when you visit various retailer websites on your device.

While Kindred endeavours to provide accurate discounts codes to you, we can only provide you discount codes provided to us by the retailers or those we’ve found for you via scanning the internet and therefore there are times when discount codes may not work or may have even expired without Kindred’s knowledge. Kindred tests discount codes daily and endeavours to remove invalid or expired discount codes as soon as possible, including if we hear from you that a discount code doesn't work.

Where Kindred has an affiliate relationship with retailers or through affiliate networks, Kindred will collect and process data when you visit certain retailer websites on your mobile or desktop device. This information is for Kindred to receive its affiliate commission. The commission Kindred receives does not cost you anything on any discount or offer that you may receive using ITV Kerching.

In addition, the discount codes presented to you may be subject to certain retailer conditions such as minimum spends or being a first time customer, before the discount code will be deemed valid. Other discount codes will also only be valid in relation to certain products on that retailers site e.g. on certain categories of products (such as clothing only or homeware only) or subject to a list of excluded categories (such as 20% off everything, except a certain brand or category).

The retailer will always be responsible for which discount codes work on their site and which conditions and restrictions apply to their use.

You will always have a direct buyer/seller relationship with the retailer. Neither Kindred nor ITV will get involved in any disputes between you and the retailer in relation to fulfilment of your purchase, payment, shipping, refunds, returns or discount codes.

Kindred does not endorse or provide any warranties regarding the products and services advertised by retailers, including as to their quality.

Kindred may modify ITV Kerching for legal or security reasons, to ensure it functions well, or to enhance its features. Updates will be installed automatically.

Part 2: How to activate and use ITV Kerching

This section describes how to activate ITV Kerching and important notices relating to your use of it.  

Step 1

Activate 

Add ITV Kerching - the discount thing, to your Android, iOS, desktop, or Mac by following the steps on itv.com/kerching  
 
The process of activation will vary slightly by device and you can activate on multiple devices.  

ITV Kerching is designed for desktop and mobile devices.   

On Apple phones and iPads (iOS) it’s available on Safari. On Apple desktop (MacOS) it’s available on Safari and Google Chrome.

On Android and Windows, it’s available on Google Chrome.  

On iOS and Mac, it’s available on Google Chrome and Safari.  

Whilst it may also work on other browsers, it is only officially supported on those browsers listed above.  

Mobile devices must support iOS version 15 (or iOS 16 for iPad) or Android version 5 (‘Lollipop’) or above. ITV Kerching is also available on certain tablets that support browser extensions. Please make sure that your device operating system and browser is up-to-date to experience ITV Kerching’s full functionality.  

You can also uninstall ITV Kerching at any time by following the steps in the FAQs  - https://event.kindred.co/kerchingfaq

Please follow the steps on itv.com/kerching

The process of activation will vary slightly by device and you can activate on multiple devices 

Step 2

Browse

As you browse or shop on your device, ITV Kerching will check for discount codes and affiliate links. For ITV Kerching approved websites, ITV Kerching will display discount codes from its database of offers as set out in the Service section above.

The discounts displayed to you are made available by the retailer. Kindred does not endorse or provide any warranties regarding the products and services advertised by retailers including as to their quality.

Step 3

Add the Discount Codes

Depending on your settings and the availability of ITV Kerching, potential available discount codes will either automatically be applied to your basket at checkout or you can copy and paste the discount code into the relevant box at checkout.

 

Any purchase and the associated offer is part of a direct relationship between yourself and the retailer. Fulfilment, payment, returns, and refunds is a matter between you and the retailer.

Step 4

Buy

Make your discounted purchase on the retailer's site.

The discount value is determined by the retailer and therefore outside of Kindred's control

 

Part 3: Responsibilities

This section describes Kindred's responsibilities and your responsibilities

Our responsibilities

 Your responsibilities

Kindred will provide you with access to ITV Kerching free of charge, enabling you to receive discounts at a large number of retailers. Please note that ITV Kerching is only available in the United Kingdom.

You must follow the acceptable use terms described in the Do's and Dont's section.

Kindred will use best endeavours to make ITV Kerching available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance.

Kindred will always aim to do any maintenance outside of business hours in the UK (9am-5pm on weekdays, excluding public holidays).

You are responsible for all data charges of your mobile device carrier incurred in using ITV Kerching.

Keep any personal information received from you confidential and in line with Kindred's obligations under its privacy notice and under relevant law.

Keep confidential any information you receive from Kindred regarding its business and technology.

Part 4: Do's and Dont's

Important rules relating to how you use Kindred's technology

Here are our rules for using ITV Kerching, which are your legal obligations whenever you use it. Think of these as important things you should and shouldn't do. They're all common sense. If you break these rules, Kindred has the right to terminate your use of ITV Kerching immediately.

Do
Use ITV Kerching in an appropriate way, for the purposes for which it is intended.
Respect the time and effort Kindred has taken to invest in its brand and technology, and treat Kindred support staff with respect.
Don't
Activate ITV Kerching if you are less than 18 years old. By using ITV Kerching, you represent that you are at least 18 years old.
Use or exploit the Kindred, ITV and ITV Kerching name and logo or any other Kindred, ITV or ITV Kerching intellectual property other than as permitted. This includes copying, reverse engineering, disassembling or decompiling any part of ITV Kerching, and distributing or selling any derivative works.
Circumvent any security features of ITV Kerching, or use any device or software to bypass any code or interfere with the normal working of ITV Kerching.
Use automated scripts or other technology to collect information from or otherwise interact with ITV Kerching.
Carry out any systematic retrieval of data from ITV Kerching to create or compile any collection, compilation, database or directory from the information you access on ITV Kerching. This includes any automated or manual process for monitoring, scraping or extracting data.

 

Part 5: Other legal things

This section contains statements about our liability to you if things go wrong, and other legal points. It's dull and it's unlikely to happen, but it helps our lawyers to sleep at night ; )   

As with most technology businesses, this means to manage certain processes and business operations and comply with our obligations under data protection law, we process your data. We do it only when necessary to provide ITV Kerching and we make sure there are contractual and other safeguards in place. If it requires transferring your data outside of the UK or Europe, we make sure that it's done under appropriate safeguards. If you want to understand more about how we use your data, see our privacy notice - https://event.kindred.co/itv-privacy-policy.

Limitation of liability

  • Kindred's total liability to you under or in connection with this agreement is limited to one hundred and twenty-five percent (125%) of the total fees paid by you under this agreement. If you have not paid any fees to Kindred under this agreement (which will usually be the case), Kindred's total liability to you will be one pound (£1).

  • Kindred will not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, arising out of any unavailability of or failure in ITV Kerching.

  • Nothing in this agreement excludes or limits Kindred's liability for death, personal injury or fraud, or any other liability which cannot be limited or excluded by applicable law.

Force majeure: Kindred will not have any liability for any failure to perform obligations under this agreement if such failure is caused by fire, flood, natural disaster, epidemic or government restrictions associated with epidemics, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Kindred.

Our relationship: Your use of ITV Kerching does not create any employment, partnership or agency relationship between you and Kindred or between you and any retailers.

Our agreement is only with you: Kindred's agreement with you in relation to ITV Kerching is personal to you. It is not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

Assignment of rights: You cannot assign, subcontract or otherwise transfer any of your rights or obligations under this agreement. Kindred does have the right to transfer or subcontract its rights and obligations under this agreement, which may be necessary to deliver ITV Kerching to you or to change how we organise our business.

Governing law: This agreement and any dispute or claim arising out of it (including non-contractual claims) is governed by the law of England and Wales.

Disputes: The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this agreement    

Well done for reaching the end!

We'd love you to be comfortable with how we collect and use your data. If you have any questions or suggestions, please email itvkerching@kindredteam.com