TERMS AND CONDITIONS OF MEMBERSHIP (“MEMBERSHIP TERMS”)
1.WHO WE ARE AND WHAT WE DO
1.1 We are Smarta Rewards Limited (trading as Smarta Rewards), a company
registered in England and Wales. Our company registration number is
06333278 and our registered office is at North House, Elland Road,
Churwell, Leeds, West Yorkshire, LS27 7QZ (“we”, “us” or “our”).
1.2 We operate a website, available at the URL
1.3 We partner with listed retailers (“Partners”) to operate a network
which, subject to certain terms and conditions, offers a range of rewards,
discounts and vouchers (the “Rewards Network”).
1.4 These Membership Terms (and the additional conditions detailed in
clause 2) (“conditions”) form the basis upon which you, the person
accessing the website (“you”, “your” or in accordance with condition 3.5
“member”) are permitted to access the Rewards Network.
1.5 We offer a membership, which gives you full access to the Rewards
1.6 Membership is facilitated through our website and (for the payment of
an additional fee in accordance with condition 6) the use of a pre-paid
VISA card (the “Visa Card”), whereby points may be earned and redeemed as
you purchase goods and/or services from Partners in the Rewards Network
and/or facilitate the payment of points and/or cash to other members and/or
third parties (“Points”) (the “Membership”).
1.7 Our VAT number is 208812711.
1.8 To contact us, please email email@example.com or telephone our
customer service line on 0330 124 3190.
2. THERE ARE OTHER IMPORTANT TERMS THAT APPLY TO YOU
apply to your use of our website:
personal data we collect from you, or that you provide to us. By using our
website, you consent to such processing and you warrant that all data
provided by you is accurate;
b) our Cookies Policy, which sets out information about the cookies on our
c) the terms and conditions of our Partners in the Reward Network (see
condition 5.4); and
d) the terms and conditions of the Visa Card issuer (see condition 6.4 for
3. APPLYING FOR MEMBERSHIP
3.1 How to benefit from the Membership. You may benefit from the Membership
by signing up as:
a) an individual (“Personal Member”) (in which case, please pay particular
attention to condition 8.2, detailing your right to change your mind about
your Membership); and/or
b) a business, purchasing individual memberships for its employees
3.2 How to apply for Membership if you are a Business Member. Please see
3.3 How to apply for Membership if you are a Personal Member. You can apply
for Membership by entering your details on the application form contained
on the “New User” section of our website, and by confirming your acceptance
of these Membership Terms (your “Application”).
3.4 You must comply with our identity requirements. This means that you
must provide evidence of your name and address. We will need to see a copy
of your passport together with a copy of your driving licence and/or
3.5 You must be over 18 years of age and a UK resident. In making your
Membership, you warrant and represent that you are over 18 years of age and
that you are resident in the United Kingdom.
3.6 How we accept your Application. Our acceptance of your Application will
take place when we email you to accept it, at which point a contract will
come into existence between you and us, and you become a member of the
Rewards Network (“Member”).
3.7 You can upgrade your Membership. Once you have received confirmation of
your Membership (see condition 3.3), you have the option to upgrade your
Membership for an additional one off fee of £10.00 (“Card Fee”) in
consideration for which, you shall receive a VISA Card by post to the
address provided to us (“Personal Premium Account”).
3.8 We will tell you if we have refused your Application. If we are unable
to accept your Application, we will inform you of this by the e-mail
address provided to us.
3.9 We may refuse your Application. The decision to accept or refuse your
Application is within our sole discretion and we are not obliged to provide
you with a reason for our refusal.
4. YOUR PERSONAL MEMBER ACCOUNT
4.1 Your Account details. If your Application is successful and you become
a Personal Member, we will assign to you a personal account (including your
own username and password) (“Account”).
4.2 You must keep your Account details confidential. You must treat all
information passing through your Account as confidential. You must not
disclose such confidential information to any third party. You agree that
all activities in relation to your Account are your responsibility.
4.3 We may disable your Account at any time. We have the right to disable
your Account, whether chosen by you or allocated by us at any time, if, in
our reasonable opinion you have failed to comply with any of these
4.4 You must inform us of a security breach. If you know or suspect that
anyone other than you knows details relating to your Account, or if you are
aware of any other breach of security, you must promptly notify us using
the details set out in condition 1.7.
5. GOODS AND/OR SERVICES AVAILABLE ON THE NETWORK
5.1 From time to time, we may make available certain goods and services to
our Members via the Network (“Offers”). In doing so, we will act either as
agent for Partners or on our own account.
5.2 From time to time, we may upload addition or “one-off” Offers. Your
participation in such one-off or optional Offers will constitute your
acceptance of any relevant additional terms and conditions.
5.3 We will supply the Offers to you until you end the Membership as
described in condition 8 and 9.
5.4 You must comply with the Partners’ terms and conditions of supply. If
you transact directly with a Partner, the resulting contract of sale of the
goods and/or service is between you and the Partner, and as such, that sale
will be subject to the relevant Partner’s own terms and conditions of
supply, over which we have no control.
6.1 Your Visa Card is an e-money prepaid card. This is not a credit or
debit card, and you acknowledge that all payments on your VISA Card will be
in pound sterling (£).
6.2 You must sign the back of your Visa Card. You must sign the signature
strip on the back of your VISA Card as soon as you receive it.
6.3 You must only use your Visa Card for the purpose contemplated by these
conditions, in particular condition 7 (Collecting and Redeeming Points).
6.4 You must comply with the Visa Card issuer’s terms and conditions. The
Visa Card is provided to you as a limited time reward. Whilst you are
permitted to use the Visa Card in accordance with these conditions, the
Visa Card issuer that provided you with the Visa Card remains the legal
owner of the funds loaded onto the Visa Card at any time. You must always
comply with the terms and conditions of the Visa Card issuer, which can be
6.5 Your Membership is a separate arrangement and is provided outside of
the terms of your agreement with the Visa Card issuer for the provision of
your Visa Card. We do not participate in any provision of banking and we
are responsible only for operation of the Network and your Membership.
6.6 What happens to your Points if your card is cancelled? In the event
that the Visa Card is cancelled for any reason whilst still holding a
credit balance, please note that we cannot credit the corresponding number
of points to your Account. You will therefore need to spend the value on
your Card as soon as possible, once notice of cancellation is issued to
you. Please refer to the Visa Card issuer’s terms and conditions for
further details as to what to do in the event of termination of the Visa
7. COLLECTING AND REDEEMING POINTS
7.1 Value of Points (each a “Point”) Each single (1) Point acquired by you,
shall have a value of £1.00 or an equivalent unit of any other currency
(for example $1.00). 7.2 Partners are businesses with whom you as a Member
collect and redeem Points to obtain goods and services or discounts
(“Rewards”). Please note that participating Partners in the Network may
change and you may obtain an up to date list of Partners from us at any
7.3 Partners determine the particular transactions on which Points can be
earned. The nature and extent of the Rewards are determined by the
7.4 Points cannot be redeemed until credited to your Account. Partners will
take different periods of time to notify us of Points to be credited (e.g.
Points on use of a VISA Card may only be notified to us monthly after
appearing on the card statement). We are not responsible for a failure,
delay or error by a Partner notifying us of Points to be credited.
7.5 Rewards vouchers are issued based on the number of Points you earn
(“Rewards Balance”). The lowest value Rewards voucher issued is £1.00 and
the highest is £1.00. Whilst there is no maximum to the number of Points
that can be credited to your Account, Members can credit no more than
10,000 Points at any one time. Further, the maximum number of Points that
can be redeemed at any one time is 10,000 and 60,000 Points in any single
twelve (12) months period.
7.6 We reserve the right to vary the Points available, and the rate at
which Points will be allocated, from time to time or to cease to offer
Points. Any change will be detailed on our website. Members who continue to
participate in the scheme following such a change will be considered to
have accepted the updated terms and conditions. Where Points can be
collected with Partners further terms and conditions may apply (see
7.7 There are restrictions on earning Points on your Visa Card. Points on
your Visa Card cannot be earned on cash advances/withdrawals, balance
transfers, interest charges, foreign exchange purchases, reward vouchers or
on other items we decide not to include in your Membership.
7.8 You cannot transfer Points and Rewards vouchers to another person
and/or Account unless specifically notified and agreed by us. You may
inherit Points of a family member who has died by providing a written
request informing us of the membership details of the deceased.
7.9 Points have no expiry date but are deleted and cannot be redeemed if
your Membership is terminated. If you plan on terminating your Membership,
we advise you first redeem your Points.
7.10 Redeemed Points may be used again. If a transaction on which Points
are issued or redeemed is cancelled, reversed or not completed, we will
reverse the associated Points when instructed by the relevant Partner. If
insufficient Points are available, or we suspect fraud or misconduct,
Rewards may be refused or cancelled.
7.11 You may not be able to earn or redeem any Points whilst you are in
breach of these conditions. Where we believe that there has been a breach
of these conditions, we may withdraw points already allocated and/or remove
you from Membership, at our discretion.
8 YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your Membership with us. Please refer to condition 9
for instructions on how to tell us that you wish to end your Membership.
8.2 Exercising your right to change your mind (Consumer Contracts
Regulations 2013) if you are a Personal Member. If you are a Personal
Member, you have a legal right to change your mind within 14 days and
receive a refund of your Card Fees. These rights, under the Consumer
Contracts Regulations 2013, are explained in more detail in these
9. HOW TO END YOUR MEMBERSHIP WITH US (INCLUDING IF YOU HAVE CHANGED YOUR
9.1 Tell us you want to end your Membership by giving us three months’
notice. To end your Membership, please let us know by phone or email. Call
customer services on 0330 124 3190, or email us at firstname.lastname@example.org.
Please provide your name, home address, details of the order and, where
available, your phone number and email address.
9.2 How we will return payments made to you. If you are a Personal Member
and you have exercised a right to cancel, we will refund you the Card Fee
(only if cancelled within 14 days of becoming a member) and always return
any amount left in your Account.
9.3 Deductions from refunds if you are exercising your right to change your
mind. If you are exercising your right to change your mind: We may deduct
from any refund an amount for the supply the Membership services for the
period for which it was supplied, ending with the time when you told us you
had changed your mind. The amount will be in proportion to what has been
supplied, in comparison with the full coverage of the Membership.
10. OUR RIGHTS TO END YOUR MEMBERSHIP
10.1 We may end your Membership if:
10.1.1 you do not make payment of the Card Fees to us when they are due and
you still do not make payment within 14 days of us reminding you that the
Card Fees are due;
10.1.2 we suspect that you have abused or attempted to abuse the Network,
the Points System and/or the use of your VISA Card);
10.1.3 if you are a Personal Member and you do not collect any Points for
two years your Membership will automatically terminate. You will need to
reapply for a new Membership should you wish to re-join the Network; and/or
10.1.4 we suspect that you are in breach, or you are in breach of any of
these Membership Conditions (including other terms and conditions that
apply to you and are referred to within these conditions).
11. EFFECT OF TERMINATION OF MEMBERSHIP
11.1 What happens on termination of your Membership. On termination of your
Membership, you will not be able to access your Account, use your Visa Card
or benefit in any way from the Rewards Network. Any/all Visa Cards must be
returned to us on request or destroyed when no longer valid for use.
11.2 You must compensate us if you break these conditions or any conditions
of third parties referred to within these conditions.
12. IF THERE IS A PROBLEM WITH YOUR MEMBERSHIP
12.1 How to tell us about problems with your Membership. If you have any
questions or complaints about your Membership, please contact us. You can
telephone our customer service team at 0330 124 3190 or write to us at
12.2 Summary of your legal rights if you are a Personal Member. See the box
below for a summary of your key legal rights in relation to your
Membership. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain
exceptions. For detailed information please visit the Citizens Advice
website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with
reasonable care and skill, or get some money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be
If you haven’t agreed a time beforehand, it must be carried out within a
See also Exercising your right to change your mind (Consumer Contracts
13.1 You shall pay us the Card Fees. In order to benefit receive Rewards,
you shall pay us the Card Fee.
13.2 When you must pay and how you must pay. We accept payment by debit and
credit card through your Account.
13.3 We can charge interest if you pay late. If you do not make any payment
to us by the due date we may charge interest to you on the overdue amount
at the rate of 4% a year above the base lending rate of Barclays Bank from
time to time. This interest shall accrue on a daily basis from the due date
until the date of actual payment of the overdue amount, whether before or
after judgment. You must pay us interest together with any overdue amount.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by
us. Subject always to condition 14.2, if we fail to comply with these
conditions, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use
reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it
is obvious that it will happen or if, at the time the contract was made,
both we and you knew it might happen, for example, if you discussed it with
us during the sales process.
14.2 Our liability to you is limited to £1.00.
14.3 We are not liable for business losses. We only supply the products for
domestic and private use. If you use the products for any commercial,
business or re-sale purpose we will have no liability to you for any loss
of profit, loss of business, business interruption, or loss of business
14.4 Transactions on which Points are earned or redeemed are made directly
with the relevant Partner. We have no responsibility for the delivery,
standard, quality or otherwise of any goods and services received or
supplied or the failure of a Partner to honour a redemption or make a
specific Reward available.
15.1 Card Issuing and Processing. We are not a bank and therefore you understand all card transactions, including the initial issuing of the pre-paid Visa card, the loading of points to the card and the processing of payments with the card are carried out by a third party bureau whom We have contracted with for the provision of issuing and processing.
15.2 Change of issuer and or processor provider. We may without any obligation to advise you change service provider and in circumstances where this occurs we will endeavour to ensure minimal interruption of service. We will accept no liability if any interruption should occur howsoever caused.
15.3 If we are forced to change issuer or processor. In circumstance where a change is necessary We will as soon as is practicable: -
16.3.1 issue a replacement pre-paid card. This may be either with VISA, Mastercard or any other operator we deem fit.
16.3.2 Transfer any balance(s) on any current card held by you and operated by the outgoing issuer/processor to the new card issued
125 to you.
16.3.3 determine the transfer date.
15.4 Your permission is automatically granted. At the point of any transfer date, you unreservedly agree to Smarta Rewards being able to transfer any balances which may be held on your current pre-paid card operated by the outgoing service provider back to the central Smarta Rewards current account. Once received We will load the same balance onto the newly issued card. You have the right to request an audit of any such action should it ever be necessary and we are obliged to provide you this upon request.
15.5 Delays in transferring of balances. As We are working with 3rd parties including (i) the outgoing issuer and processor (ii) the incoming issuer and processor and (iii) the related banks, you accept there may be a delay of up to three working days between the removal of balances on your existing pre-paid card and the loading of the same balance onto the new pre-paid card. We accept no liability or penalty for such delay.
15.6 Notification of Change: Should We ever decide to make a change resulting in the need to exercise our rights under clause 15.4 We will 130 notify you in advance of said change and notify you of the transfer date no less than 14 days before said transfer.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal
information you provide to us:
16.1.1 to process your payment for the Card Fees; and
16.1.2 we may pass your personal information to credit reference agencies.
Where we extend credit to you for the products we may pass your personal
information to credit reference agencies and they may keep a record of any
search that they do.
16.1.3 we will only give your personal information to third parties where
the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our
rights and obligations under these terms to another organisation. We will
contact you to let you know if we plan to do this.
17.2 Nobody else has any rights under this contract. This contract is
between you and us. No other person shall have any rights to enforce any of
its terms. Neither of us will need to get the agreement of any other person
in order to end the contract or make any changes to these conditions.
17.3 If a court finds part of this contract illegal, the rest will continue
in force. Each of the paragraphs of these terms operates separately. If any
court or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it
later. If we do not insist immediately that you do anything you are
required to do under these terms, or if we delay in taking steps against
you in respect of your breaking this contract, that will not mean that you
do not have to do those things and it will not prevent us taking steps
against you at a later date. For example, if you miss a payment and we do
not chase you but we continue to provide the products, we can still require
you to make the payment at a later date.
17.5 Which laws apply to this contract and where you may bring legal
proceedings. These terms are governed by English law and you can bring
legal proceedings in respect of the products in the English courts. If you
live in Scotland you can bring legal proceedings in respect of the products
in either the Scottish or the English courts. If you live in Northern
Ireland you can bring legal proceedings in respect of the products in
either the Northern Irish or the English courts.
Version 1.1 December 2017.