Gift Club Terms and Conditions
1. INFORMATION ON WHO WE ARE AND THIS AGREEMENT
1.1. These terms and conditions apply to all Flex-e-card gift clubs (“Gift Clubs”);
1.2. Gift Clubs are managed by Flex-e-card Ltd, 2 St. James’ Gate, Newcastle upon Tyne, Tyne & Wear, NE1 4BE. Flex-e-card is a trading style of Flex-e-card Ltd;
1.3. In this agreement, “We”, “Us” or “Our” refers to Flex-e-card. “You” or “Your” refers to the individual opening the Gift Club;
1.4. This document sets out an agreement between You and Us governing the provision of Gift Club services. This agreement will last for a period of twelve months, starting on the date that the Gift Club is opened. This agreement and all communications between You and Us shall be in the English language;
1.5. Opening a Gift Club and making or receiving a contribution into it will signify Your agreement to these terms and conditions and will be considered to constitute a binding contract between You, the Gift Club holder, and Us;
2. GIFT CLUBS
2.1. A Gift Club is a simple way to build up an amount with which to purchase gifts for a special occasion such as a Birthday or Christmas. A Gift Club is not a regulated investment or interest bearing account; it can be used to build up a sum of money over time for the purpose of purchasing gift cards in the future. You will not be rewarded with any form of interest on the balance of contributions in the Gift Club;
2.2. The balance of contributions held in a Gift Club may be redeemed against the same value of prepaid gift cards. Gift cards may be used to pay for goods and services at participating retailers within the relevant shopping centre. Full terms and conditions apply to the shopping centre's prepaid MasterCard® gift cards, copies of which are available upon request or by visiting www.flex-e-card.com;
2.3. It is recommended that You keep track of contributions into Your Gift Club and that You remain aware of the ongoing balance;
2.4. Once Your Gift Club balance reaches zero, We will close the Gift Club;
2.5. If no contribution has been made to Your Gift Club for a period of twelve months, We will close the Gift Club;
2.6. For the purpose of managing a Wedding Gift Club, You will be required to nominate an administrator who shall have sole ownership and operating privileges for the duration of the Wedding Gift Club’s operation.
3. IDENTIFICATION REQUIRED FOR USE OF GIFT CLUB SERVICES
3.1. We may perform online identity checks or ask for evidence of identity before opening a Gift Club. We do this to prevent fraud and money laundering and We also use this information to help Us identify You at the point where a Gift Club is redeemed to purchase gift cards. We only keep this information as long as is necessary and for the purposes described herein;
3.2. If You fail to provide Us with the requested evidence of identity, or if at Our sole discretion, We are not satisfied with the evidence presented, We reserve the right to refuse to offer Our Gift Club service. Our decision shall be final and We shall not be obliged to provide a reason for refusing to open a Gift Club;
3.3. We may also, for the reasons stated above, ask for evidence of the identity of any additional contributors making contributions to a Gift Club;
3.4. The opening of a Gift Club will indicate to Us that You consent to the checks described in this agreement being undertaken;
3.5. Upon redemption of Your Gift Club You must provide the same proof of identity used to open the Gift Club. This is to mitigate the threat of fraudulent activity;
3.6. In addition to the above identification procedures We may at any time throughout the lifetime of Your Gift Club request that additional identification be provided. By opening a Gift Club and contributing to it You are agreeing to Our requirements and failure to provide sufficient evidence of identity may result in Your Gift Club being temporarily suspended or closed.
4. FEES AND CHARGES
4.1. There is no charge for the opening or administration of a Gift Club. Gift Clubs are intended to accumulate contributions for the purpose of purchasing gift cards which do have a range of fees and charges associated with them. For full information on gift cards please visit https://www.flex-e-card.com/information/terms-and-conditions or ask at the shopping centre customer service desk for a copy of the centre’s prepaid gift card terms and conditions.
5. EXPIRY OF THE GIFT CLUB AND YOUR RIGHT TO REDEEM
5.1. Gift Clubs are designed to operate for no more the twelve months after which You should redeem Your Gift Club contributions for the same value in gift cards. This is intended to ensure that You cannot use the Gift Club as a long term savings mechanism, as it is not in Your best interests due to the nature of the product and its inability to provide a return on Your contributions;
5.2. You can redeem the value of contributions in Your Gift Club at any time online or during the relevant shopping centre's opening hours by attending the customer service desk and quoting Your unique reference number. Individual gift cards are available for any value between £5.00 and £1,000; if Your Gift Club contains an amount greater than this You must redeem it towards multiple gift cards. You do not have to redeem the whole value of Your Gift Club in one transaction. Any amounts not redeemed will remain available in Your Gift Club. Once You have fully, or partially, redeemed Your Gift Club balance You will not be permitted to make any further contributions to it;
5.3. You must provide personal identification to verify that You are the beneficial owner of the Gift Club in question if You elect to redeem in centre. If We do not believe that You have demonstrated ownership sufficiently, We will restrict access to the Gift Club contributions until such time that We are satisfied We have adequately identified the beneficial owner;
5.4. Gift Club contributions are only permitted to be used to load a gift card. Contributions are not available as cash or cheque nor can they be obtained as a debit or credit card refund. Gift cards will not be accepted as a method of payment for Gift Club contributions.
6. COOLING OFF PERIOD
6.1. You are entitled to a fourteen day ‘cooling off’ period. Should you wish to cancel your Gift Club please return to the customer service desk within the relevant shopping centre within fourteen days from the date Your Gift Club was opened to arrange a refund. Alternatively, You can contact Customer Services in accordance with section 7 below.
7. CUSTOMER SERVICES
7.1. All enquiries in connection with a Gift Club should be made to Customer Services by calling 0844 77 44 277 (Calls will be charged at 5p per minute. Please be advised there may be additional access charges from your service provider), e-mailing firstname.lastname@example.org or by writing to Customer Services, Flex-e-card Ltd, 2 St. James Gate, Newcastle Upon Tyne, NE1 4BE. The Customer Services team are available 9am to 10pm Monday to Saturday and 10am to 6pm on Sundays.
7.2. Our normal business hours are Monday to Friday, 9am to 5pm. Correspondence received after the close of business on a particular day will be treated as having arrived at the start of following business day;
7.3. In the unlikely event that You remain unsatisfied after Customer Services have investigated Your enquiry You are entitled to make a complaint which will be reviewed by the management of Our Customer Services function and dealt with in line with Our Complaints Handling Procedure. As Gift Clubs are not a regulated financial services product, You will not be able to refer Your complaint to an independent body such as the Financial Ombudsman Service therefore Our response will be final. This does not affect Your statutory rights;
7.4. If we need to contact You for any reason We will do so by writing to You at the address provided when You first registered for a Gift Club, unless You have notified Us of a change of address since that time. To maintain an efficient and cost effective service We may use other methods of communication such as e-mail and SMS to contact You from time to time provided We have valid contact details.
8. DATA PROTECTION
8.1.We are committed to ensuring that 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 https://www.flex-e-card.com/information/data-protection
9. KEEPING YOUR GIFT CLUB DETAILS SAFE
9.1. You are responsible for keeping Your Gift Club details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of Your Gift Club details. Do not disclose Your Gift Club unique reference number to anyone except where necessary to utilise this service.
10. LIMITATION OF LIABILITY
10.1. The United Kingdom’s Financial Services Compensation Scheme (“FSCS”) and other deposit protection schemes do not apply to Your Gift Card. This means that in the event the relevant gift card issuer becomes insolvent Your gift card may cease to function and may become valueless. You will not be able to reclaim this money from the FSCS or any other deposit protection scheme.
11. CHANGES TO THESE TERMS AND CONDITIONS
11.1. These terms and conditions may be changed or amended at any time for legal, regulatory or security reasons or to enable the proper delivery of Gift Clubs. If any changes are made they will be publicised two months before the changes take effect (unless law requires Us to make a more immediate change) and copies of the revised terms and conditions will be made available:
11.1.1 At customer service desks in participating shopping centres; and
11.1.2 Online at www.flex-e-card.com
11.2 Due to the nature of Gift Card programmes, it is often difficult or impossible for Us to contact each individual cardholder in the event of a change to these terms and conditions. It is therefore the responsibility of both the Gift Card purchaser and the recipient to check the website www.flex-e-card.com regularly for changes to terms and conditions. We will assume that You have done so and will be entitled to assume You have accepted any changes to these terms and conditions unless You notify Us otherwise.
12. LAW AND COURTS
12.1 The law of England and Wales applies to these terms and conditions and the Courts of England and Wales will deal with any legal proceedings between You and Us.