Custard Terms & Conditions

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These Terms and Conditions were last updated on: 19 ^th September 2024

In these Terms and Conditions (“Terms”), any references to “you” means the customer who hereby agrees to follow these Terms and the expressions “we”, “our”, or “us” means Custard, a brand wholly owned by Submission Technology Ltd whose registered office and trading address is The Beater House, Turkey Mill, Maidstone, Kent, ME14 5PP, website https://www.joincustard.co.uk / (company number 04456811).

By registering to use our mobile application (“App”), platform, services or website, you agree to these Terms, which should be read in conjunction with our Privacy Notice. These policies may be amended from time to time so please check back regularly. We will let you know if the updates manifestly change how we process your data or you use our services.

1. Custard Services

1.1 We provide an online service (“Service”) where you can register for an account via our website or IOS/Android App to

1.1.1 purchase digital gift cards for various Participating Retailers and may be eligible to receive cashback relating to purchases of digital gift cards (“Gift Cards”); and,

1.1.2 complete offers from Participating Retailers to earn a cash reward (“Reward”) as part of our Rewards Programme.

1.2 You expressly agree that your use of our Service is at your own sole risk. You understand that your purchase of or participation with Participating Retailer Goods/Services and, or Gift Cards is subject to the terms and conditions of Participating Retailers and not these Terms. These Terms do not affect those of your statutory rights which cannot be amended or excluded in law and the exclusions and limitations of liability contained in them shall be construed and applied accordingly. We exclude, to the fullest extent permissible by law, all representations and warranties including as to title, fitness for purpose, merchantability and/or satisfactory quality regarding goods and/or services obtained from Participating Retailers through our Service.

1.3 We will use reasonable endeavours to ensure advertisements are correct. We are not responsible for incorrectly advertised Participating Retailer Goods/Services.

1.4 Your failure to correctly follow these Terms or instructions given by Us may result in no Rewards being credited to your account for which you will have no recourse against Us or Participating Retailers.

1.5 You agree that our Service is provided on a strictly “as is” and “as available” basis. We make no warranty that our Service will meet your requirements or that it will be uninterrupted, timely or error free nor do we make any warranty as to the results that may be obtained from the use of our Service or as to the accuracy or reliability of any information obtained through it.

1.6 You understand that your contractual relationship for our Service is with Us. You shall contact Us only and shall not directly contact Participating Retailers in connection with any aspect of our Service, whether for the purposes of raising a query, seeking further information or making a complaint/claim.

1.7 Our failure to enforce your strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.

1.8 The personal data you provide to Us will be processed in accordance with our Privacy Notice.

2 Custard Gift Cards

2.1 The App and our website will show you details of the digital gift cards available to purchase, including which retailers they can be used with where used. Depending on the retailer, the digital gift cards can be used in the applicable retailer’s app, online on the applicable retailer’s website or in applicable retailer stores. This is controlled by the retailer and not us and the retailers are responsible for the accuracy of this information.

2.2 Before placing an order to purchase a digital gift card, please refer to the applicable retailer’s website for restrictions on the use of the digital gift card to ensure it is suitable for your intended purpose.

2.3 Sometimes we reject an order to purchase or registration for a user account, for example because:

2.3.1 we can't verify your age (you must be over 18 years old);

2.3.2 you are located outside the UK (you must live in the UK);

2.3.3 you are not accessing the App on your own behalf; or

2.3.4 the digital gift card you wish to purchase is not available.

2.4 When this happens, we will let you know as soon as possible.

2.5 We will contact you by email, and in the App, to confirm receipt of payment and acceptance of your order. The digital card will then be sent to you via the App and should appear in your account within 2 minutes of the acceptance of your order having been confirmed to you by email or in App. If you do not receive your digital gift card within 2 hours of confirmation of acceptance of your order, please contact info@joincustard.com

2.6 If you experience any issues with using the digital gift card please refer to the applicable retailer’s terms and conditions on their website or contact their customer services.

2.7 We will charge your chosen method of payment for your digital gift card when we confirm acceptance of your order.

2.8 By purchasing a digital gift card from Custard, you acknowledge and agree that the digital gift card will be supplied immediately upon confirmed settlement of purchase. Be aware that because the digital gift cards can be used as soon as they are provided to you, there is no right to cancel the purchase and the purchased digital gift card will not be refunded, except in accordance with your statutory rights or as set out in these Terms.

2.9 In the event that you are entitled to a refund, we will endeavour to agree a refund with the issuer of the digital gift card if the card has not been used. Please allow 14 days for the cancellation process. If the issuer of the digital gift card declines the refund request, no refund can be provided.

2.10 If the digital gift card is faulty you will be entitled to receive a refund or a replacement card. Please contact info@joincustard.com if you experience any such issues.

3 Custard Rewards Programme

3.1 When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Retailers then you will be entitled to a Cash Reward in accordance with the terms of the Participating Retailer’s promotion.

3.2 Rewards shall be owned by Us and held in your Custard Account. Only Rewards obtained from Approved Transactions shall be credited to your Account.

3.3 You may only withdraw funds from your Account when you have earned £10.00 and all of your transactions have been Approved.

3.4 Whilst many Participating Retailers report credits within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Cash Reward is not pending as a credit to your Account, then in order to resolve it, your only option is to raise a ticket with supporting evidence to our Helpdesk as a result of which We will then attempt to make recovery from the Participating Retailer. Whilst We shall use reasonable endeavours to recover Rewards for non-tracked transactions We shall have no responsibility or liability for such delay or failure.

3.5 We cannot support Untracked Offer support requests where the transaction occurred more than 90 days ago.

3.6 If at any point a previous Offer that you have completed becomes rejected, you can provide us with Evidence that you took that Offer and it may lead to the Offer being approved. If the offer is not approved, you will not be paid for this Transaction.

3.7 Transactions that are marked with a validating status in your account are awaiting final confirmation from the retailer. This is an automatic process and there is little we can do to expedite the process.

3.8 You are not entitled to a Cash Reward in respect of Approved Transactions for which We do not receive the whole of the commission due from the Participating Retailer.

3.9 You warrant to Us that whilst a participant in the Rewards Programme, all the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief. You are required to use the Rewards Programme in an ethical manner. Providing incorrect or inaccurate information for the purpose of misleading others is committing fraud. We reserve the right verify your identity ourselves or by using a third-party service. We provide further information about this in our Privacy Notice. Should we suspect your misuse of the Rewards Programme, we reserve the right to terminate your Account without warning.

3.10 We reserve the right to adjust the balance of your Account in respect of non-payment from Participating Relaters, refunds or returned products, suspected or actual dishonesty, and/or mistakes including, but not limited to, accounting errors. You understand that running a Rewards Programme can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.

3.11 You shall indemnify and hold us our affiliates, officers and employees harmless from any claim, demand, expense or damage (including reasonable legal fees) relating to your breach of these rules.

3.12 You are responsible for the security of your Account. From time to time we may ask you to update your Account password as part of our security measures. Please follow the steps when asked, if you have any queries or concerns, please raise a ticket via the Helpdesk. You will be able to raise a ticket with the Helpdesk even if you are signed out of your Account.

3.13 We will constantly review the balance of Rewards credited to your Account. When you are eligible to cash out your Rewards a ‘Withdraw Balance’ button will appear and once clicked you will be sent a payment via Bank Details or PayPal™, or any other electronic method we may use in the future, in an amount equivalent to the then balance of your Account, subject to each of the following criteria being met:

3.13.1 You have at least £10.00 in your payable balance;

3.13.2 You have activated your Account; and

3.13.3 you have provided us with your own personal Bank Details or PayPal™ details that match the name of your Custard account. We do not make payments to 3rd parties.

3.14 As part of our dedication to counter fraud, when sending your payment via PayPal™ and on your initial payment, we may make a small validation payment of £0.01 to your PayPal™ account to confirm compliance with these Rules. We reserve the right to withhold payment if there is a suspected breach of these Rules. If we believe you are breaching the Rules of the Rewards Programme we will ask you for proof of ID which will be processed in accordance with our Privacy Policy.

3.15 You agree that you will not transfer your Rewards to any other person or third party, barter them for goods or services or deliberately or negligently enable any other person to obtain the benefit of Rewards awarded to you with or without your consent and that you will keep your Account details private and secret from others. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else.

3.16 If you request your payment direct to your nominated bank account, you acknowledge that in the event that you provide incorrect bank account details your payment cannot be re-issued. Neither We nor Participating Retailers accept any liability in respect of you providing incorrect bank account details.

3.17 Without prejudice to clause 3.19, you are permitted to raise a dispute regarding a missed payment for up to 3 months after the date that you request to cash out. If you raise a dispute within the 3 month period, we will investigate and reply to you within 10 working days. After 3 months, we will not accept disputes for missed payments and we will not be held liable for missed payments.

3.18 Upon remittance of the payment to you, the balance of your Account in respect of which it has been issued will be void regardless of whether or not the payment is safely received by you. We reserve the right to close your Account at our convenience. We may close your Account at any time where:

3.18.1 You are in breach of the terms of these Rules; or,

3.18.2 We suspect that your Account has been accessed without your Authorisation.

3.19 You will not register with the Rewards Programme under an identity more than once without first terminating your current registration and you will not concurrently hold more than one account opened with any partner service under any identity.

3.20 If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with the Rewards Programme again, whether using the same or a different identity to that under which you originally registered.

3.21 If your Account remains inactive for a period of 6 months your Account will be closed. Unless we determine otherwise in our absolute discretion and on a case-by-case basis, the balance of your Account shall be void and you will no longer be able to access your Account. In this instance, you may re-join the Rewards Programme with a different email address so long as you meet the eligibility criteria outlined in Section 9.

3.22 At any time, we reserve the right to amend, suspend or terminate the Rewards Programme, any part of it or any feature within it, and/or restrict the hours of availability of the Rewards Programme without cause or liability and without your consent. Your continued use of the Rewards Programme shall indicate your agreement to the amended Rules. We will notify you of any changes to these Rules but it is your responsibility to check back here regularly for updates.

3.23 You acknowledge and agree that regardless of the size of the balance of your Account, the Rewards standing to its credit, or to be credited to it shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:

3.24 If We should experience any event or process forming part of an insolvency, administration, receivership or winding up;

3.25 If joincustard.co.uk or the Rewards Programme should cease operations; or,

3.26 If for any reason, We should be unable to continue further funding of the Rewards Programme, in whole or in part and whether as regards some or all participants in it.

3.27 It is possible that during the period with which you are registered for the Rewards Programme the Partner, through whose website you registered, ceases to be a Rewards Programme Partner ("Partner Closure"). We will post a page, notifying you if and when that happens, providing you with details of how you may continue to participate in the Rewards Programme.

3.28 We operate a programme in connection with the Rewards Programme called Refer a Friend. It offers you the facility to refer new users in consideration for a Cash Reward. Once your referred friend has registered to the Rewards Programme using the unique link, you will earn £5.00 (GBP), providing the following criteria is met:

3.28.1 You have earned £10.00 (GBP) or over;

3.28.2 Your referred friend successfully completes the Offers from a different IP address;

3.28.3 Your referred friend’s Offers are Approved;

3.28.4 Your referred friend has earned £10.00 (GBP) or over;

3.28.5 Your referred friend uses the unique tracking link; and,

3.28.6 Your referred friend meets the eligibility criteria in section 9.

3.28.7 You must not use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from the Refer a Friend Programme.

3.29 Libellous, defamatory, obscene, threatening, or abusive language will not be tolerated towards our employees or other members of the website and may result in your account being permanently closed.

3.30 Where You refer a friend, who is not identified by the Reward Programme database as being referred via your original customised refer a friend link, no refer a friend bonus payment will be paid. We are not responsible for the failure of the Refer a Friend tracking links to accurately log your referrals.

3.31 In the advent that we run a promotion whereas a "Welcome Bonus" is given, this bonus will only be payable when you have reached the £10 payable threshold pay out.

3.32 Please note, Custard does not make payments to the following bank accounts: Monzo, Transferwise, Clear Junction, Payoneer, Prepay Technologies & Wirecard Card Solutions.

3.33 You have the opportunity to participate in our daily onsite free draw. You can spin the wheel once per day and one winner will be selected at random to be our daily winner. If you win, your first name will be published on the winners page. The standard daily prize is £10.00 which will be added to your Custard balance but this can vary during campaigns and promotions run by Custard; this will be stated by Custard in these instances. We reserve the right to change this value, withhold payments, and reverse payments if necessary. The reward cannot be withdrawn until you have reached the standard £10.00 cashout threshold. The reward is non-refundable and non-exchangeable.

3.34 These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.

3.35 Please ensure you are not using a VPN, adblocker or iCloud Private Relay as this can stop your tasks from tracking and we will not be able to update these for you. To ensure tasks track correctly and to protect our advertisers/partners from fraud, no payments will be made to users using a VPN.

3.36 We run several Offers per Participating Retailers. We may also repeat certain Offers from Participating Retailers over the years. Please read the Terms and Conditions of each Offer you wish to take, carefully. You will only be eligible to receive a Cash Reward from one Offer per Participating Retailer, and you must be a new customer of the Participating Retailer. Taking more than one Offer per Participating Retailer will make your subsequent Offers void. They will be marked as duplicates and you will not be eligible for a Cash Reward.

4 Custard App

4.1 The requirements for these operating systems may change and you must download the IOS/ Android updates to keep using the App. This will be the same for any subsequent systems which we may decide to extend the availability of the App to.

4.2 To ensure the App works correctly please ensure your operating system and our App is the most current version available.

5 Registering a User Account

5.1 You must register an user account before you can use our Service.

5.2 To register a user account with Custard, you must:

5.2.1 Have full legal capacity to enter into a contract;

5.2.2 Use your true legal identity for the Rewards Programme, Gift Cards and third party Offers;

5.2.3 You are over 18 years of age;

5.2.4 Your permanent place of residence is at an address in the UK; and,

5.2.5 You maintain with Us a valid and subsisting email address.

5.3 When registering with Custard to use the App you must provide accurate and current information about yourself when requested.

5.4 You must ensure that the email address and phone number that we hold for you is accurate and up to date so that you can access your account and stay up to date with important information relating to Custard. If you need to make a change to either, you can contact us at members@joincustard.com. Failure to keep these details up to date may result in a termination of your account.

6 Limit of Liability

6.1 We will always be responsible to you for the following:

6.1.1 death or personal injury arising from our negligence; or

6.1.2 our fraud or fraudulent misrepresentation; or

6.1.3 any other liability that cannot be excluded or limited under applicable law.

6.2 We are not responsible to you for any damages, losses or costs relating to your use of our services and the Service in a way that is not permitted under these Terms or relevant laws.

6.3 We do not make any guarantees that the Service, its content and functionality will be fully available at all times. We will not be responsible for any losses suffered by you as a result of the App not being fully available at all times.

6.4 We are not responsible to you for any products or services provided by any third parties including our partners and third party retailers as they have separate terms and conditions of supply of their products which we have no control over.

6.5 We are not responsible for losses you suffer in the following circumstances:

6.5.1 Where our supply of your product is delayed by an event outside our control.

6.5.2 You purchase a digital gift card and:

6.5.2.1 you fail to use it before the expiry date. It is your responsibility to check the expiry dates applicable on each card;

6.5.2.2 you no longer want or intend to use the gift card;

6.5.2.3 an item or service you wish to purchase from the retailer is not in stock or unavailable; or

6.5.2.4 the Participating Retailer you have purchased a gift card for ceases trading.

6.5.3 You are unhappy with the product or service purchased from the retailer. You must liaise with the retailer if they wish to return, replace or receive a refund for any items or services purchased from them.

6.5.4 Any charges you may incur from your mobile service provider, or other third party, if you use the App outside of an area with Wi-Fi. If you are not the bill payer for the device on which you are using the App, we will assume you have received permission from the bill payer.

6.5.5 For something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

6.5.6 If it relates to your use of a product or service for the purposes of your trade, business, craft or profession.

6.5.7 If there is an error in the reflected cashback percentage on the app.

6.6 You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures that are reasonably necessary to protect your computer systems and other devices from such matters.

6.7 We are only responsible to you for any damages, losses or costs which result from us not performing our obligations under these Terms and which could have been reasonably foreseen by us and you when entering into these Terms.

6.8 Your intended usage of the gift card is subject to the brands own terms and conditions or terms of use so please check this prior to purchasing.

6.9 The App may from time to time include links to third-party websites, applications or features (“Third Party Services”). These links are provided for your information only. Custard does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

7 Changing, suspending and withdrawing services and products

7.1 We can make any changes to our services after giving you reasonable notice. If you do not agree to the changes, you can cancel your user agreement before they take effect. By continuing to use our services you will be treated as accepting the changes.

7.2 We may also make changes to our services at any time:

7.2.1 to reflect changes in relevant laws and regulatory requirements;

7.2.2 to implement technical adjustments and improvements. These can include changes that don't affect your use of the service or where a change is required immediately for example if there is a security issue; or

7.2.3 to update digital content. We might ask you to install these updates.

7.3 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Service.

7.4 We may suspend the supply of our service at any time:

7.4.1 to deal with technical problems or make minor technical changes;

7.4.2 to update the service to reflect changes in relevant laws and regulatory requirements; or

7.4.3 to make changes to the service.

7.5 Where possible, we will contact you in advance to tell you we're suspending the service, unless the problem is urgent or an emergency.

7.6 We may stop providing our services to you, for example if we decide to no longer support your device’s operating system. We will provide you with at least one month’s written notice in advance if this happens.

7.7 We can stop providing a particular product at any time, such as a digital card for a particular retailer.

8 Termination of your user account

8.1 You can cancel your user account and end this agreement at any time without charge. You can delete your user account from within the App or by emailing us at members@joincustard.com with the email address registered on your user account. This will terminate these Terms and our obligations under any agreements shall immediately cease. All Rewards accrued but not cashed out will be removed and no longer available to you. All digital gift cards that you have purchased will no longer be available. We shall have no liability to you under any agreements or these Terms and we will no longer use your personal data as set out in our privacy policy.

8.2 We can terminate your user account and end these Terms with you in the following circumstances and any Cashback Points on your user account will be removed:

8.2.1 you have been inactive on Custard for 12 months;

8.2.2 you have been abusive to a member our team, or submitted inappropriate and/or offensive content;

8.2.3 we suspect you may be undertaking fraudulent activities;

8.2.4 we find out or have reason to believe you are breaching, or have breached, these Terms in a material way; or

8.2.5 we think your security may have been breached, or your privacy could be at risk. We will inform you after cancelling your user account and tell you the reasons why we have done this, unless this compromises reasonable security measures. We will allow you to re-make a user account as soon as practical after the threat ceases to exist.

8.2.6 In any other circumstance we may terminate your user account and end these terms by giving you reasonable notice in writing, which will be at least 14 days.

9 Disputes

9.1 If you wish to make a complaint in respect of the services we have provided to you then please let us know by emailing members@joincustard.com. We will do our best to resolve any problems you have with us. If you think the App is faulty or wish to contact us for any other reason please email our customer service team at members@joincustard.com .

9.2 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

10 Important terms of the contract

10.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product or services without reducing your guarantees under these Terms. We'll notify you in writing to let you know if we plan to do this. If you have any issues with the transfer, you can contact us at members@joincustard.com. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

10.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

10.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

10.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

10.5 You must:

10.5.1 not use our Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any service or any operating system;

10.5.2 not infringe our intellectual property rights or those of any third party in relation to your use of our Service (to the extent that such use is not licensed by these terms);

10.5.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any service;

10.5.4 not use the App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

10.5.5 not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

10.6 All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or our website other than the right to use them in accordance with these Terms.