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Flex-e-card Corporate Gift Card Portal

Terms and Conditions of Use for Intu Products

1. INFORMATION ON WHO WE ARE AND THIS AGREEMENT



1.1. These terms and conditions apply to gift cards, (“Gift Cards”), and click and collect codes, (“Click and Collect Codes”) sold by Flex-e-vouchers Limited via its corporate gift card portal, (“Corporate Portal”), in connection with shopping centres owned and operated by Intu Properties plc in the United Kingdom;

1.2. Gift Cards and Click and Collect Codes are issued by Flex-e-vouchers Limited, 28 West Street Dunstable, Bedfordshire, LU6 1TA, (“Flex-e-card”). In this agreement, “We”, “Us” or “Our” refers to Flex-e-card. “You” or “Your” refers to the individual purchasing or using the Gift Card(s) or Click and Collect Code(s) in question;

1.3. This document sets out an agreement between You and Us governing the use of Your Gift Card or Click and Collect Code. This agreement and all communications between You and Us shall be in the English language;

1.4. By purchasing, receiving or using a Gift Card or Click and Collect Code You are indicating to Us that You agree to all of the terms and conditions in this agreement. It is the responsibility of the purchaser to inform the intended recipient that usage of the Gift Card or Click and Collect Code is subject to these terms and conditions;

2. OUR GIFT CARDS



2.1. If Your Gift Card was purchased:

2.1.1 Before 1 October 2018, You can spend the associated balance via participating retailers in any of Intu’s shopping centres situated throughout the UK; or

2.1.2 On or after 1 October 2018, You can spend the associated balance via participating retailers within the specific shopping centre whose name appears on the Gift Card;

2.2. Your Gift Card will cease to be valid twelve months from the date upon which it was loaded; We refer to this date as Your Gift Card’s expiry date. On the expiry date Your Gift Card will cease to function and You will no longer be entitled to use it. Any balance remaining on Your Gift Card at the expiry date will be forfeited; We therefore encourage You to use the full balance of Your Gift Card prior to its expiry. Any funds forfeited will be used to support the ongoing operation of the Gift Card programme in question;

2.3. For a period of ninety days from Your Gift Card’s expiry date You have the option to request that any balance which remained at the time of expiry be restored, subject to the payment of a fee of £9.95. If You do elect to request restoration and make payment of the applicable fee, Your Gift Card balance will be restored and will remain valid for a period of ninety days from the date upon which You requested restoration;

We may ask You to provide evidence of ownership of the Gift Card before restoring the appropriate balance and We may also ask You to provide evidence of Your identity;

2.4. If You are uncertain as to the expiry date of Your Gift Card, please contact Customer Services in accordance with section 10 below;

2.5. The maximum value which can be loaded on to a Gift Card is £1,000;

2.6. Additional funds can not be loaded onto Your Gift Card after initial load, except in the case where a retailer refunds a transaction onto the Gift Card. Refunds usually take several days to reach Your Gift Card;

2.7. A Gift Card may not be used:

2.7.1. Outside of the applicable limited network;

2.7.2. To withdraw cash via ATMs, banks or other institutions;

2.7.3. For mail – order, telephone, internet or other non – face to face transactions;

2.7.4. For the purposes of identification; or

2.7.5. For preauthorised regular payments, for gambling or for any illegal purposes;

2.8. A Gift Card is not:

2.8.1. Linked to a bank account;

2.8.2. A cheque guarantee card;

2.8.3. A charge card; or

2.8.4. A credit card;

2.9. A Gift Card balance does not attract interest;

3. FEES AND CHARGES



The table below outlines the fees and charges which apply to the use of Gift Cards:

Fee Description

Fee Value

Administration Fee; for the manual work involved in carrying out a redemption or refund of the remaining Gift Card balance.

£9.95

Administration Fee; for the cost of a new Gift Card and the manual work involved in replacing a lost, stolen or damaged Gift Card.

£5.95

Administration Fee; for the cost of consolidating the balance of two or more Gift Cards.

£1.00 for the consolidation of two Gift Card balances and £0.20 for each subsequent Gift Card balance consolidated

Depending on the nature of Your enquiry it may be possible to have the applicable fee deducted directly from Your Gift Card balance. Alternatively, You may elect to make payment for an applicable fee separately. If You elect to use Our SMS balance enquiry service, a charge of £0.25 will be levied per enquiry.

4. MANAGING YOUR GIFT CARD:



4.1. The balance available on the Gift Card will be reduced by the value of each payment that is made using the Gift Card. Where You have used the Gift Card to pay for goods or services, the value of the transaction plus any relevant fees or charges will be paid to the retailer or service provider via the payment scheme network;

4.2. If You attempt to make a payment for a value which exceeds the remaining balance on the Gift Card the transaction will be declined. If You know the remaining balance of Your Gift Card You may be able to make a partial payment;

4.3. You may check the available balance on Your Gift Card or view a statement of recent transactions by:

4.3.1. Visiting www.flex-e-card.com and using the balance enquiry service;

4.3.2. Contacting Customer Services in accordance with section 10 below. (Please note that calling costs may apply; check with Your telephone service provider);

4.3.3. Scanning the QR code which appears on the reverse of the Gift Card, (where applicable), using Your smartphone, (supported on Windows Phones and devices using Apple iOS and Android. Please note that data costs may apply; check with Your telephone service provider);

4.3.4. Using Our SMS balance enquiry service; send BAL followed by the sixteen digit Gift Card number to 60030. A fee of £0.25p plus Your standard network charge will apply for this service. This fee will be handled by Your network operator and will be deducted from the balance of Your mobile telephone credit or added to Your next mobile telephone bill; or

4.3.5. Where registration is available, by logging into Your customer account and using the balance enquiry service;

5. LOST, STOLEN AND DAMAGED GIFT CARDS



5.1. If Your Gift Card is lost, stolen or damaged We encourage You to contact Customer Services in accordance with section 10 below at the earliest reasonable opportunity. We may ask that You provide a variety of details in order to confirm that You are the authorised holder of the Gift Card. Following completion of this verification process, (if required), We will:

5.1.1. Block Your Gift Card, if You have reported it lost or stolen; or

5.1.2. Cancel Your Gift Card if You have reported it damaged;

5.2. The blocking or cancellation of Your Gift Card will ensure that it can no longer be used while, where possible, We make arrangements for a replacement Gift Card to be made available to You.

5.3. You will be held liable for the value of all transactions if We believe, or have reason to suspect that:

5.3.1. You have acted fraudulently;

5.3.2. You intentionally, recklessly or negligently failed to keep Your Gift Card or details of its security features safe; or

5.3.3. An undue or unreasonable period of delay elapsed in between Your Gift Card being lost or stolen and Your notifying Customer Services of the loss or theft;

5.4. We may limit Your liability to a maximum of £50 for lost or stolen Gift Cards if You are deemed to have notified Customer Services of the loss or theft at the earliest reasonable opportunity

5.5. We may make arrangements for a replacement Gift Card to be made available to You from the appropriate shopping centre. In the event that We are able to make a replacement Gift Card available to You, a fee of £5.95 will apply;

5.6. Replacement Gift Cards are:

5.6.1. Only available for collection up to the expiry date of the original Gift Card which has been lost, stolen or damaged; and

5.6.2. Valid for a period of twelve months from the date that the replacement Gift Card is collected;

6. PURCHASES FROM RETAILERS AND TRANSACTION DISPUTES



6.1. We are not responsible for the safety, legality, quality or any other aspect of the goods or services purchased with a Gift Card;

6.2. If You believe You did not authorise a particular transaction, or if You would like to raise a dispute over the goods or services purchased, You should contact Customer Services at the earliest reasonable opportunity in accordance with section 10 below. If an undue or unreasonable period of delay elapses in between the occurrence of the transaction or dispute in question and Your notifying Customer Services, We may not be able to assist You;

6.3. In certain circumstances, a transaction will be initiated but not completed. Where this happens, this may result in the value of the transaction being deducted from the Gift Card balance and becoming unavailable for use; We refer to this as a hanging authorisation or block. In these cases, You must contact Customer Services in accordance with section 10 below and present evidence to show that the transaction has been cancelled or reversed. In the absence of sufficient evidence We retain the right to impose a waiting period of five working days prior to reinstatement of the blocked amount onto Your Gift Card.

7. OUR CLICK AND COLLECT CODES



7.1. A Click and Collect Code is an alphanumeric code which, when provided to appropriate customer service staff within a participating shopping centre, can be exchanged in return for a Gift Card;

7.2. A Click and Collect code is valid for a period of twelve months from the date of purchase. If a Click and Collect Code is not exchanged in return for a Gift Card within twelve months of the date of purchase the Click and Collect Code will cease to function and You will no longer be entitled to use it. On expiry, the monetary balance associated with the Click and Collect Code will be forfeited; We therefore encourage You to exchange Your Click and Collect Code in return for a Gift Card promptly;

7.3. In the event that You exchange one or more Click and Collect Codes, the associated Gift Card(s) shall be:

7.3.1. Activated at the time of exchange; and

7.3.2. Valid for a period of twelve months from the date of activation;

7.4. You are responsible for keeping Your Click and Collect Code and the associated details safe. You must take all reasonable steps to avoid the loss, theft or misuse of the Click and Collect Code and the associated details. Do not disclose details associated with the Click and Collect Code to anyone except where it is absolutely necessary;

7.5. A Click and Collect Code is not permitted to be exchanged in return for cash, credit or any other monetary instrument;

8. DATA PROTECTION



We are committed to ensuring all of the personal information We hold is secured, protected and used responsibly at all times. We comply with current data protection legislation; for further information relating to data protection matters, please refer to Our Data Protection Statement which can be found at www.flex-e-card.com

9. KNOW YOUR CUSTOMER REQUIREMENTS



9.1. In order to protect Gift Card and Click and Collect Code users, and in order to combat financial crime, We may ask that You provide Us with evidence of Your identity and other relevant details. We may verify the authenticity of any identification documents received using online verification software;

9.2. By purchasing, receiving or using a Gift Card or Click and Collect Code You are indicating to Us that You agree to comply with any reasonable requests for information made by Us in order to detect and prevent money laundering, fraud and terrorist financing;

10. CUSTOMER SERVICES



10.1. All enquiries in connection with Gift Cards and Click and Collect Codes should be made to Customer Services by:

10.1.1. Calling 020 7702 2600;

10.1.2. Writing to Flex-e-card 2 St. James’ Gate, Newcastle upon Tyne, NE1 4BE;

10.1.3. Contacting Us using Our online Live Chat service; or

10.1.4. E – mailing Us at customer.service@flex-e-card.com;

10.2. Customer Services are available from 9:00AM to 10:00PM Monday to Saturday and 10:00AM to 6:00PM on Sunday. (Times are shown in Greenwich Mean Time);

11. LIMITATION OF LIABILITY



11.1. We shall not be liable for any damages or losses, (direct, indirect, consequential or otherwise), which arise in the event that:

11.1.1. You intentionally, recklessly or negligently fail to keep Your Gift Card safe; or

11.1.2. You intentionally, recklessly or negligently fail to keep Your Click and Collect Code safe;

11.2. In any event Our liability will be limited to either the value loaded on to the relevant Gift Card or the value of the relevant Click and Collect Code;

11.3. If You have used or allowed Your Gift Card or Click and Collect Code to be used fraudulently, in a manner that does not comply with these terms and conditions or for illegal purposes, You will be held responsible. We will take all reasonable and necessary steps to recover any loss from You and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit.

12. MODIFICATION TO TERMS AND CONDITIONS



These terms and conditions may be amended at any time for legal, regulatory or security reasons or to enable proper delivery of Our services. If any amendments are made they will be published two months before the changes take effect, (unless the law requires Us to make a more immediate change), and copies of the revised terms and conditions will be made available.

13. LAW AND COURTS



The law of England and Wales applies to these terms and conditions and the Courts of England and Wales shall deal with any legal proceedings between You and Us.