TERMS AND CONDITIONS
TERMS AND CONDITIONS OF MEMBERSHIP (“MEMBERSHIP TERMS”)
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 https://www.smartarewards.com (“website”).
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 Network.
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 Smarta 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 firstname.lastname@example.org or telephone our customer service line on 0330 124 3190.
b) our Cookies Policy, which sets out information about the cookies on our website. And
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 further details).
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 (“Business Member”).
3.2 How to apply for Membership if you are a Business Member. Please see here.
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 utility bill.
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.
4.1 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 conditions.
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.
5.1 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 a reward card. This is not a credit or debit card.
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, Smarta Rewards remains the legal owner of the points 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 accessed here.
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 Card.
7.1 Value of Points (each a “Point”) Each single (1) Point acquired by you, shall have a redeemable value as dictated by the supplier at the time of redemption.
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 time.
7.3 Partners determine the particular transactions on which Points can be earned. The nature and extent of the Rewards are determined by the Partners.
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.
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 condition 5.4).
7.7 There are restrictions on earning Points on your Visa Card. Points on your Visa Card cannot be earned on, balance transfers, 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.
8.1 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 conditions.
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 email@example.com. 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.
10.1 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).
11.1 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.
12.1 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 firstname.lastname@example.org.
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 reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
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.
14.1 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 opportunity.
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 Smarta Visa card, the loading of points to the card and the redemption of points 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: -
15.3.1 issue a replacement Smarta card. This may be either with VISA, Mastercard or any other operator we deem fit.
15.3.2 Transfer any balance(s) on any current card held by you and operated by the outgoing issuer/processor to the new card issued to you.
15.3.3 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 Smarta 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 Smarta card and the loading of the same balance onto the new Smarta 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 notify you in advance of said change and notify you of the transfer date no less than 14 days before said transfer.
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.
17.1 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 2.1 August 2020.