Terms and Conditions

Loyalty Pro Limited (LPL) – Customer Loyalty Rewards Programme

Customer Agreement

LPL is the owner and supplier of customer loyalty rewards programmes for traders and retailers. These terms and conditions (Conditions) are applicable to LPL’s loyalty rewards programmes and any participation in such programmes by a Member is subject to these Conditions.

Definitions:

Application: means any software application developed by LPL which enables the Member to securely access and use a Customer Loyalty Rewards Programme.

Customer Loyalty Rewards Programme: means a loyalty rewards programme administered by LPL as part of the Services it supplies to a Trader.

Data: means any data or information, in whatever form, including images, still and moving, and sound recordings, including (but not limited to) any Personal Data.

Data Controller, Data Processor, Data Subject, Personal Data and Appropriate Technical and Organisational Measures all have the meanings given in the Data Protection Legislation.

Data Protection Legislation means GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK.

GDPR means EU General Data Protection Regulation ((EU) 2016/679).

Loyalty Pro Limited (“LPL”): means Loyalty Pro Limited (registered in England and Wales under company number 05907642).

Mastercard: means Mastercard Europe S.A.

Member: means (a) customers of the Trader who subscribe for a Customer Loyalty Rewards Programme; and (b) customers of LPL - to whom a Loyalty Card or Application is issued and registered. All Members must be resident in the UK and aged 12 years and over in the case of debit cards and cash purchases (unless products and/or services are protected by law governing minimum age in which case the applicable law shall prevail) and, in the case of credit card purchases, 18 years or over.

Payment Provider: means a payment provider authorized pursuant to Condition 15.3.2 to provide Transaction Data to a TPP and includes, as at the date of these Conditions, Mastercard.

Privacy Policy: means LPL’s data protection and privacy policy.

TPP: Third Party Processors and subcontractors .

Trader: means a business who has engaged with LPL for the supply of a Customer Loyalty Rewards Programme.

Transaction: means a point of sale purchase made by a Member with an enrolled payment card with either LPL directly and/or a Trader.

Transaction Data: means data supplied via a Payment Provider relating to a Transaction including the following: Merchant ID; card token; date; time; and amount.

Terms & Conditions:

1. Following LPL’s acceptance of the Member’s application to join a Customer Loyalty Rewards Programme, Loyalty Pro and/or the Trader will supply the Member with a loyalty customer number, a card and or access to download the Application (”Loyalty Pro App”) with which the Member can obtain loyalty points or rewards and setup an accompanying Customer Loyalty Rewards Account into which such points and other benefits may be collected.

2. The loyalty card and/or Application registration account issued to the Member remains the property of LPL which may, at any time, terminate any Customer Loyalty Rewards Programme or alter or amend the conditions of operation of the Customer Loyalty Rewards Programme. The Member shall return the loyalty card to the Trader immediately upon demand. LPL may disable the Loyalty Pro App for either that Trader and/or all Traders in the Member’s account. The loyalty customer number and/or card is not transferable, cannot be copied and can only be used by the Member who is named and registered for the loyalty card.

3. Loyalty points and any other rewards are earned and credited to the Member’s Loyalty Rewards Account on production of the Loyalty Card or Loyalty Pro App when purchasing goods or services from the Trader.

4. The benefits and any local terms and conditions attaching to each Trader’s Customer Loyalty Rewards Programme may be found on the Member’s Loyalty Pro App at the time of application by the Member or at any time on the web by clicking here. These are subject to change from time to time and the Member will be notified of changes via the Loyalty Pro App.

5. A Member’s issued and accrued Loyalty Points or reward values cannot be exchanged for cash. The Member is responsible for the loyalty card and any rewards or other vouchers issued. The Member shall keep secure and confidential any username and password used in connection with the Loyalty Card, Loyalty Pro App and the Member’s Loyalty Rewards Account and shall not disclose such username and password to any third party. Neither the Trader or LPL can be held responsible for any loss arising from the Member’s failure to ensure the safe-keeping of these items or any account log-in details. Members are encouraged to use ”strong” passwords” (passwords that have a combination of upper and lower-case letters, numbers and symbols). If there are any concerns that login details for the Member’s Loyalty Rewards Account may have been misused, the Trader and/or LPL should be contacted as soon as possible.

6. Once a Member’s points or rewards vouchers have been redeemed they cannot be used again. The Member’s account will be updated to show transaction and redemption events.

7. In transactions where a redemption is made, points or rewards will not be awarded on voucher redemption transactions.

8. A Member’s participation in a Customer Loyalty Rewards Programme is personal to the registered Member and all points and/or rewards which may accrue are personal to the registered Member. Member’s accounts, loyalty cards, points and/or rewards cannot be transferred, bought, sold or in any way traded. In the case of an employee of a Member collecting rewards on behalf of a Member’s trade account – the normal ‘roll up’ of points and/or rewards will still apply up to the point of terminating the card/App for that employee.

9. Loyalty Points and associated rewards/vouchers shall be cancelled without any liability to the Member if:
9.1 the Member closes its account;
9.2. LPL ceases to operate the Customer Loyalty Rewards Programme; or
9.3 the Trader ceases to trade or terminates its agreement with LPL for the supply of the Customer Loyalty Rewards Programme and related services.

10. Any Loyalty & Reward Vouchers issued are valid only for such period as may specified on the voucher and/or in the specific terms and conditions applicable.

11. A Member’s Account may be declined, withdrawn or cancelled and a Trader (and/or LPL) may remove a Member from a Customer Loyalty Rewards Programme at any time where the Trader (and/or LPL) reasonably believes:
11.1 the Member has misused or attempted to abuse the Customer Loyalty Rewards Programme in any way;
11.2 there is or may be a breach or attempted breach of these Conditions and/or those relating to any optional elements of a Customer Loyalty Rewards Programme;
11.3 any behaviour relating to a Loyalty Rewards Programme that involves theft, misconduct, abusive or offensive behaviour or supplying false of misleading information;
11.4 that a Member has not collected any points for a period of 12 months, provided that LPL may first contact the Member regarding their continued participation in the Customer Loyalty Rewards Programme.

12. In the event of cancellation of a Member’s account or any associated rewards/vouchers under Conditions 9 or 11, a Member’s points and rewards/Vouchers which are or may have accrued shall be forfeited by the Member and neither the Trader nor LPL shall have any liability in respect of the same.

13. In the event that a reward voucher is for a higher value than the cost of the new transactional purchase, the full voucher points are deducted and no change or points credit is given, unless otherwise stated in the specific terms and conditions.

14. The Trader may, in its sole discretion, restrict the Member to the redemption of only one voucher against any one purchase.

15. Data Protection and Data Processing

15.1 The Member acknowledges that for the purposes of the Data Protection Legislation:
15.1.1 the Trader and LPL are the joint Data Controllers; and
15.1.2 the Trader and LPL are both Data Processors - in respect of any Personal Data processed by each of them under or in connection with these Conditions and any Customer Loyalty Rewards Programme.
15.2 LPL may authorise TPPs to process:
15.2.1 Personal Data; and/or
15.2.2 Transaction Data.
15.3 By subscribing for a Customer Loyalty Rewards Programme:
15.3.1 the Member consents to LPL processing the Member’s Personal Data in accordance with the Privacy Policy, in order that LPL may properly perform its obligations in respect of the Customer Loyalty Rewards Programme;
15.3.2 the Member consents to the Payment Provider:
15.3.2.1 monitoring activity on the Member’s payment card to identify, track and record Transactions; that qualify for a reward (“Qualified Transactions”); and
15.3.2.2 sharing Transaction Data with:
15.3.2.2.1 LPL;
15.3.2.2.2 a TPP (which includes, but is not limited to, Fidel Limited); and
15.3.2.2.3 any TPP which may be appointed in addition or substitution for Fidel Limited - to enable the Member’s card linked offer(s) and target offers that may be of interest to the Member. For information about LPL’s privacy practices, please see our Privacy Policy. You may opt-out of Transaction monitoring on the payment card(s) you entered at any time by emailing info@loyaltypro.co.uk.
15.4 the Member warrants that all Data supplied by him or her is (and will remain) accurate.
15.5 Transaction Monitoring. If you choose to register a payment card in connection with Transaction monitoring, you authorise LPL to share your payment card information with Mastercard so it knows you enrolled. You authorise Mastercard to monitor Transactions on your registered card(s) to identify qualifying purchases, and for Mastercard to share such Transaction details with LPL to enable your card-linked offer(s) to be implemented, and to target other offers that may be of interest to you. You may opt-out of Transaction monitoring on the payment card(s) you have registered by emailing info@loyaltypro.co.uk.

16. The Privacy Policy includes details about:
16.1 the Data LPL collects from Members;
16.2 the use LPL will make of that Data;
16.3 who LPL may disclose the Data to;
16.4 where LPL will store Member’s Data and, for how long; and
16.5 Member’s rights in respect of Data.

17. Members can choose to leave a Customer Loyalty Rewards Programme at any time. By leaving a Customer Loyalty Rewards Programme a Member forfeits the right to any points or vouchers already accrued or issued.

18. These Conditions replace all previous versions, are correct as of 1 November 2017 and shall be governed by and construed in accordance with the laws of England, and any disputes will be decided only by the English courts. LPL reserves the right to change these Conditions at any time on reasonable notice for legal, regulatory, business or policy reasons. Those Members who continue to participate in a Customer Loyalty Rewards Programme following such a change will be deemed to have accepted the updated terms and conditions. Changes to the Privacy Policy which may require your consent will be notified to you in advance.

19. A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Conditions, but this shall not affect any right or remedy of any third party which exists or is available apart from that Act.