High Street Loyal PROGRAMME
TERMS AND CONDITIONS
Effective Date: 26 June 2021
These Terms of Service (these "Terms") describe the terms and conditions through which the High Street Loyal Programme and/or its suppliers and partners offer registered members access to High Street Points denominated rewards ("Points", "Rewards", "Awards") for purchases at participating merchants. The present Terms are effective as of the date of their publication and may be changed/modified by us at any time.
These terms constitute a legal agreement between you and the High Street Loyal Programme.
1. High Street Loyal Programme Definition.
1.1. High Street Loyal is a community loyalty programme (" High Street Loyal, "the Programme", "Programme") provided by OnKard Technologies Ltd., a UK company that provides merchant-funded rewards and real time mobile marketing platforms.
OnKard software systems deliver a Service ("Service") that allows consumers to register their Visa or Mastercard card and automatically earn and spend their reward points on purchases at participating businesses ("merchants", "retailers") in shopping areas in London and the UK.
OnKard Technologies Ltd. as the operator of the Programme, and as the legal entity that contracts with members on one side, and merchants on the other side, is the conduit that contractually binds you and the participating High Street Loyal merchants ("Merchants") into a "Reward for Purchase" agreement. OnKard provides the High Street Loyal mobile website (the "website", "Site") where consumers can register their Visa or Mastercard card for the Service, locate participating merchants, access time sensitive offer information. The Service provides real time electronic notifications to members of rewards and offer recommendations for participating merchants.
The Programme website provides visitors access to exclusive High Street Points offers from our third-party partner retailers ("Retailers"). These offers are earned in-store and do not require members to do anything special at checkout. All members need to do is pay using a registered Visa or Mastercard payment card at a participating retailer. The offer is triggered automatically when the Visa or Mastercard credit, debit or prepaid card used for payment has been registered on the Programme website; with this one-time registration, customers are eligible for earning High Street Points at participating merchants and benefit from all offers published on the website.
Although Programme members can browse through offers on the website before having registered, they must register an eligible Visa or Mastercard payment card on the website’s secure page if they wish to take advantage of the offers.
2. General Definitions.
2.1. The High Street Loyal programme is owned and operated by OnKard Technologies Ltd. These Terms and Conditions apply to the relationship between you (being a Registered Member, or prospective Member, of the High Street Loyal Programme), and "us" (" High Street Loyal ", " High Street Loyal Programme", "the Programme", "Our systems", "OnKard", "we", "our", or "us") and terms such as "you" and "your(s)" and "we", "our", or "us" shall be construed accordingly and are intended to protect both you and us.
2.2. It is your responsibility to read and understand these Terms: they contain important information about your rights and obligations, as well as limitations and exclusions that may apply as you access the Programme website (the "Site", "the website") and as you benefit from its related merchant reward offers, as well as from its software systems, applications, Site, reports, email and SMS notifications by means of which we deliver rewards in the form of High Street Points into the Programme account ("Account"). Your account is created from the moment you successfully complete registration for the Programme and it can be accessed online at https://highstreetloyal.uk using the credentials (email address and password) you created at the time of registration.
2.3. Importantly, these software systems, applications, Site, reports, email and SMS notifications ("the Site and associated services") are also the means through which we keep you informed of the occurrence of your awards, of the status of your awards, as well as of your specific High Street Points redemption transactions at merchants. In fact, these software systems, applications, Site, reports, email and SMS notifications constitute in their wholeness the structural platform of the Programme, which has been designed to be delivered to you entirely virtually, online and in near-real time, without the conventional recourse to physical membership card or membership number to be shown, swiped or communicated at and to participating merchants. Consequently, these software systems, applications, Site, reports, email and SMS notifications together represent both the commercial essence and the technical existence of the Programme and cannot be adhered to selectively by members. They are, as one, the means that deliver the Programme.
3. Registration into the Programme.
To participate in the Programme, prospective members need to create a High Street Loyal account by completing a one-time registration process at https://highstreetloyal.uk . To create an account, prospective members enter their first and last name, a valid email address, their country of residence and their mobile phone number. Prospective members also need to register a valid Visa or Mastercard credit, debit card or prepaid card, along with limited card-related information, i.e. the payment card number, the name as it appears on the card and the card expiry date. Valid Visa or Mastercard cards for registration in this programme must have been issued in one of the countries listed in the drop-down list displayed in the Country of Residence field. Prospective members also create a password, which will be used along with the registered email address for future logins to the Site. The last element on the registration page is the Submit button, which needs to be activated.
3.2. Members may register up to (nine) 9 additional Visa and/or Mastercard debit, credit or prepaid cards on any future visit to the website. All awards resulting from transactions associated with any of the registered cards will be posted to the member's account.
4. Participating Parties and Consent.
4.1. The present Terms constitute a legal agreement between you, the registered member, and OnKard Technologies Ltd. as the operator of the Programme, and as the legal entity that contracts with members on one side, and merchants on the other side, OnKard Technologies Ltd. is the conduit that contractually binds you and the participating High Street Loyal merchants ("Merchants") into a "Reward for Purchase" agreement.
4.2. The status of this reward for purchase agreement is specific to each merchant offer and is outlined in each merchant’s offer terms and conditions and validity period, as posted on the Programme’s website. The merchant’s terms exist and are valid in addition to the Programme’s terms.
4.3. The underlying principle that makes the Programme possible is that both members and merchants authorize OnKard to analyse and compile all data relative to transactions executed between them using a registered Visa or Mastercard payment card. Explicitly, prospective members hereby authorize OnKard to analyse and compile all data relative to transactions relevant to the Programme . The purpose of this analysis is to allow for the delivery of Points awards for qualifying transactions, based on offer eligibility and business rules associated with each relevant transaction. This analysis includes analysis of transaction history: transaction history can contain essential information leading to the delivery of awards associated with multiple transaction business rules, such as frequency of purchase or overall spend threshold offers. Transaction history as processed in our software systems makes the optimization of merchant offers possible in a way that empowers members to maximize their rewards accrual, and merchants to create offers that best serve their commercial objectives.
4.4. Merchants, importantly, can change their offers, publish several offers at the same time and can offer different rewards to different members against different purchase behaviour. The Programme’s commercial design must ensure that merchants expect members to be aware of their offer(s). This customer awareness is the intrinsic logic behind a merchant's decision to create offers and is in principle what makes members eligible for offers. It follows that the member’s consent to receive communications containing offers is an essential condition of the "Reward for Purchase" agreement between merchants and members. Explicitly, members hereby consent to receive communications, by emails, text messages and/or mobile notifications, that contain merchant offers, at least to the level defined as the Programme's Core Service.
5. Core Service and Offer Eligibility.
5.1. The Programme has an obligation to deliver its Core Service to both members and merchants. This consists in fact in multiple essential services, some less visible, such as accounting and reporting, some more visible, such as publishing and communications. The Core Service to merchants and members in matters of publishing and communications is defined in 5.2 and 5.3.
5.2. For merchants, the Core Service consists in publishing merchant offers on the website in a timely manner as well as affording them visibility in relevant channels opportunity, with relevance being defined from the member's perspective.
5.3. For members, the Core Service consists in publishing merchant offers in a timely manner and notifying members, in near-real time, by email and SMS, of awards resulting from qualifying purchases; these real time notifications, in the Programme's attempt to bridge the marketing gap between physical and online retail, also features offers from merchants nearby, in order of proximity (the relevant location being determined by the location of the payment terminal used in the qualifying transaction). For reasons related to the complex nature of payment processing, some transactions will not reach our systems in real time but only three or four days later. In these cases, the award notification will be sent to members by email only, at the moment the transaction information reaches our systems, and for obvious reasons nearby offers will not be proposed.
5.4. All members are eligible for all offers published on the website on the day of the qualifying purchase.
5.5. Upon registration, members will be offered the option to receive special offers and promotions in addition to the notifications that are part of the Core Service. This represents a higher level of marketing communications, but not necessarily more communication instances, mostly additional content in the delivery of the Core Service instances. This option will allow members to be eligible for unpublished offers such as the ones described in 5.6.
5.6. Merchants can create offers that are not meant to be published on the website, such as last-minute offers, which don't meet the publishing delays and validity periods. In some cases, merchants might want to limit the financial liability associated to a very good offer or limit the eligibility to customers who have previously made a purchase with them. Members who have opted for the additional marketing communications option as described in 5.5 will be eligible for unpublished offers. The Communications Option can always be changed from the original setting chosen at registration from the member's Profile page on the website.
6. Programme Partners.
6.1. The Programme has enlisted and will enlist the support of companies and organisations that have the interest of the British High Street at heart. Charities, merchant associations, payment facilitators, merchant aggregators, payment processors or payment networks such as Visa or Mastercard, Business Improvement Districts and others could be featured at times on the website or in promotional material and communication instances. By registering for the Programme, Members agree to indemnify the Programme’s Partners from and against all claims, damages and claim costs arising in any manner from their entry to and use of the Site and associated service.
7. Ongoing Membership Conditions.
7.1. Prospective members can join the Programme by completing the online registration form at https://highstreetloyal.uk and replying to the registration confirmation email. Establishing and maintaining membership is conditional to meeting all requirements of our terms at all times, and we reserve the right to reject or cancel registration into the programme at all times. On suspicion of any fraudulent activity, accounts will be frozen until enquiry is successfully completed.
7.2. Subject to local laws, application to join the Programme is open to any individual who is of legal age of majority in their country of residence and. who possesses the legal authority to create a binding legal obligation. However, the necessary enrolment of a Visa or Mastercard payment card currently limits the eligible countries of residence. In weeks and months to come, more countries will become eligible for Visa and Mastercard card enrolment, and consequently for registration into the programme.
7.3. Membership in the Programme is open only to individuals, it is not open to companies, trusts, partnerships or other entities.
7.4. Programme membership is not transferable.
7.5. The right to redeem High Street Points can be only be exercised by members who can enter into legally binding contracts under applicable law.
7.6. The date on which your online registration form is submitted, and your registration confirmed will be the start date of your membership in the Programme. If your registration for Programme membership is not completed or fully successful for any reason, then all benefits that may otherwise have been accrued will be null and void.
7.7. The Programme assumes no responsibility for and is not liable for any unauthorized access by third parties to a member's account and/or account information, including but not limited to any unauthorized redemption transactions made from the account, except as provided under applicable laws. The Programme assumes no obligation to re-credit any unauthorized Points withdrawal made by third parties. The Programme reserves the right to review, at its sole discretion, requests for re-crediting unauthorized Points withdrawals provided such request is made to the Programme within three months of the unauthorized withdrawal.
7.8. When you apply for High Street Loyal membership, you will be asked to select a secure password. This password will be used to authenticate your identity when accessing certain areas of the Programme website or performing transactions via the Programme website. You should not disclose your password to another person. Remember that your Points hold monetary value. The Programme is not responsible for stolen security credentials or passwords and will not re-credit Points for unauthorized redemptions using the member’s security credentials or password.
7.9. Any bonus offers for bonus Points when joining the Programme may be contingent upon the Programme member engaging in a transaction, such as making a purchase at a specific merchant. Such bonus offers are subject to change at any time without notice at our sole discretion.
8. Cancellation of Membership.
8.1. You may at any time cancel your Programme membership by deleting your account on the Site. At that time, we will cancel the relevant Programme membership and all accumulated High Street Points credited to your Programme membership account will immediately expire. Accordingly, you are responsible for carefully planning your account deletion to avoid any unintentional loss of accumulated High Street Points.
8.2. We retain the right to cancel your Programme membership in the event of any breach of these Terms and Conditions. Any Reward redemption made by you, either before or after the date of breach, will be subject to review, and possible cancellation, by us at our sole discretion.
8.3. After a continuous period of twelve (12) months of inactivity with respect to your Programme membership account, we reserve the right to terminate your Programme membership and all High Street Points credited to the account will immediately expire. Membership accounts are considered inactive when there is no Point accrual or Point redemption through qualified transactions over a period of twelve months from the last transaction date.
9. Misuse and/or Fraud.
9.1. Any misuse of Points or any other features, benefits and services provided to you as a Member, is prohibited and will cause your Programme membership to be cancelled with immediate effect unless we decide otherwise. Misuse includes, but is not limited to:
- Engaging in any illegal or fraudulent activities;
- Giving misleading information to us, our Programme partners and/or any representatives of ours and/or our Programme partners;
- Selling, transferring and/or purchasing any Points, other than where expressly authorized by us or in accordance with the express provisions of these Terms and Conditions; or
- Refusing to follow instructions given by us and/or our representatives in order to audit your Programme membership account.
9.2. We have the right to investigate your Programme membership account. We have the right to instantly block your account in case of suspected fraudulent activity and maintain this status for the duration of the investigation and until all requested information is provided. You may not be able to use your Programme membership account and/or accumulated High Street Points for any redemption at merchants or partners. An email notification will be sent to member when the account is blocked.
9.3. We may choose to take legal action against any member whom we find to be in breach of any provision of these Terms and Conditions.
10. Personal Data Changes.
10.1. You will be required to provide us with a valid mobile number and valid email address. If you change your mobile number or your email address you must update via the Programme website as soon possible. A faulty mobile number or email address will lead to the cancellation of your account if not remedied.
11.1. The Programme provided by OnKard Technologies Ltd. using proprietary software systems and data hosted in Ireland under PCI DSS compliant standards. The Programme is entirely delivered by OnKard Technologies Ltd. By registering for the Programme, Members agree to indemnify OnKard from and against all claims, damages and claim costs arising in any manner from:
(i) the data they provide during registration to the Programme;
(ii) a breach of clauses 7 (Member Obligations) and / or Clause 9 (Misuse/Fraud);
(iii) their use of the Programme and any associated services.
11.2. OnKard is solely responsible for the delivery of all communication and technical components of the Programme. The features and content of the Programme website, as well as the content of all communications to members, have been compiled and designed by OnKard, and OnKard shall not be held liable in any way for errors or omissions of any nature in relation to the provision of the Platform or its associated services.
12. Earning and Awarding of Points.
12.1. To earn High Street Points at participating merchants you must use a registered Visa or Mastercard payment card. Points will be awarded immediately to your account after reception and analysis qualifying transactions in our systems. In most cases, Points will first be added to the account under a Pending status. High Street Points will be fully awarded and credited as redeemable into member’s Programme account between 30 and 62 days following the transaction date, in some cases sooner. In case of a refund or exchange, the number of awarded Points will be reduced accordingly. The return policy may vary from one merchant offer to another.
12.2. You may earn High Street Points from the start date of your Programme membership by spending with any of our Programme’s participating merchants as specified on the Programme website. We may, in our sole discretion, make bonus awards of High Street Points available to Members generally, or to a selection of Members or to individual Members.
12.3. We reserve the right to make High Street Points and promotional offers available to selected Members based on geographic location, their Programme transaction history or information supplied by the member or the Merchant. The Terms and Conditions related to any of the promotional offers may be updated/modified by us at any time without any prior notice.
12.4. Members become eligible for all Points reward offers featured on the Site as soon as their registration is completed (restrictions by country of card issuance apply). After registration, members become eligible for all Points reward offers published on the site whenever they log in; that is, all reward offers displayed at the time of login are "activated" for their account and will display as activated whenever they log in in the future.
12.5. All published offers are activated as long as members have at least one registered Visa or Mastercard credit, debit (or prepaid card) that is eligible. The award resulting from a qualifying purchase will be based on the offer published on the website on the day of the transaction.
12.6. Visa or Mastercard credit, debit or prepaid cards past their expiry date and not renewed by registered members will be automatically deleted from our systems. Members must maintain their information up to date if they want to continue earning Points awards for purchases. A valid Visa or Mastercard credit, debit or prepaid card, valid email address and valid mobile number are conditions for participating in the Service.
13. General Redemption Rules.
13.1. The redemption process whereby High Street Points are converted to cashback onto the member’s registered Visa or Mastercard card account, is described on the Programme website.
13.2. High Street Points can be redeemed for cashback when the member uses the Programme website to identify the merchant where he/she wants to spend the Points, and then specifies how many Points he/she wishes to redeem.
13.3. The number of High Street Points required to be redeemed for a cashback value is subject to change at any time without notice. There may be a service fee applied.
13.4. Hight Street Points can also be redeemed as a charitable donation to Trussell Trust with the Donate Your Points feature.
13.5. All redemption transactions are final and non-refundable. Once a transaction has been submitted it may not be cancelled or reversed.
13.6. The Member is responsible for any other costs or taxes incurred that are incidental to the fulfilment of the High Street Loyal Programme.
14. Programme Participating Merchants.
14.1. Agreements with our Programme’s participating merchants may be changed or terminated from time to time and without notice to members.
14.2. Any Programme participating merchant may at any time withdraw from the Programme or change their terms and conditions for the supply of products and services. We do not guarantee that any of our Programme partners will continue to participate in the Programme nor do we guarantee the continued availability of any particular offer or benefit that is offered by a Programme participating merchant.
15. Privacy of the Members' Visa and/or Mastercard card information.
15.2. The Programme does not share any Visa or Mastercard credit, debit or prepaid card information with any third party, with the exception of Visa and Mastercard and, for the purposes of cashback to members’ Visa and Mastercard cards, with Truevo, OnKard’s partner and payment provider. When members register a Visa or Mastercard card with the Programme, OnKard provides members’ card numbers to Visa or Mastercard via secure enrolment service; this allows Visa and Mastercard to identify the Programme’s member transactions at participating High Street Loyal merchants, thus providing the Programme with the ability to securely identify more qualifying transactions at more retailers than would otherwise be possible.
15.3. Visa and Mastercard is in no way responsible to the members or merchants for their use or enjoyment or delivery of the service and offer components of the Programme and has no liability in relation to the Programme.
16. Notification Messages.
16.1. Qualifying purchases will trigger notification messages. In order to participate in the Programme, registered members must agree to receiving the notification messages, as these are an intrinsic part of the Service, and for that purpose members must maintain both a valid email address and a valid mobile number. Registered members can update this information at any time in the "My Account" section of the Site after logging into their Programme’s account. Registered members may also receive notification emails from time to time informing them of an important change to the service and/or reminding them eligibility is compromised by the impending expiration of their registered card.
18. Other Services.
18.1. Registered members can access personal pages on the Site after login. The "My Account" section allows registered members to check their Points balance, create a redemption coupon, update their personal information, delete their account, delete a registered card, register a new Visa or Mastercard card, register additional Visa or Mastercard cards.
18.2. The "My Awards" section allows members to monitor their qualifying purchases and awards. Qualifying transactions will be posted within 4 days to the member’s Programme account and the Points award will show as Pending. When the Points are credited to the account as redeemable, the transactions will show as Awarded on the Programme’s account. If a member thinks there is an error or omission regarding a qualified transaction, they can contact our Customer Service. We will verify the participating merchant’s transaction data and award accordingly for any errors or omissions. Transactions that do not meet the offer’s qualifying criteria will not be awarded.
19. Intellectual Property Rights.
19.1. OnKard shall own all rights, including all Intellectual Property Rights in the Programme and Systems and has the exclusive rights to operate and promote ( https://highstreetloyal.uk ), as well as the rights to the names and marks OnKard.
19.2. The High Street Loyal website includes materials, including text, photographs, videos and other images and sound, trade-marks, logos and service marks ("Marks") which are protected by copyright trade-name, trade-marks and other intellectual property rights and are the exclusive property of the programme or one of the programme’s participating retailers and partners. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags without the prior written consent of OnKard or such other party that may own the Marks. All information and content, including any software Programmes available on or through this Site ("Content"), is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through this Website for commercial or public purposes.
19.3 For the purposes of this Clause 19, Intellectual Property Rights shall mean all patents, rights to inventions, copyright and related rights, moral rights, database rights, semiconductor topography rights, utility models, rights in designs, trademarks, service marks, trade or brand names, domain names, rights in goodwill or to sue for passing off, and other similar or equivalent rights or forms of protection in each case whether registered or unregistered and including all applications (or rights to apply) for, and for renewals and extensions of, such rights as may now or in the future exist anywhere in the world (and "Intellectual Property" shall be interpreted accordingly).
20. Errors, Inaccuracies and Omissions/Changes to Terms and Conditions.
20.1. Occasionally there may be information on our Site or in the Service that may contain typographical errors, inaccuracies or omissions that relate to merchant offer descriptions or promotions. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service, or on any related website, has been modified or updated.
20.2. The effective date of these Terms is set at the top of this webpage. As we continue to improve our services and add new features, new merchants and new offers, we will need to revise these Terms and Conditions. Members’ use of the Service after the Effective Date constitutes their acceptance of these Terms. The amended Terms shall always supersede all previous versions of the Terms.
21. Entire Agreement.
21.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to The Service constitutes the entire agreement and understanding between members and us and governs their use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between members and us (including, but not limited to, any prior versions of the Terms of Service).
21.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21.4. We shall have no liability for delays or failure in performance caused by any event beyond our control.
22. Electronic Signature.
23. Contact Us.
To get in touch with us, please visit our Contact Us page and select the most relevant form.