GRIDSERVE Car Leasing Limited - Terms & Conditions
End User Terms – Updated June 2023
These terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we and Loyalty Works Limited (Loyalty Works) make available (Point based scheme) to you. The Point based scheme has been established exclusively for members of the Guru team. These Terms are made available to you on our website.
These Terms apply to the contract between you, us and Loyalty Works for provision of the Points based scheme (Contract). Please read these Terms carefully and make sure that you understand them, before registering to participate in our Points based scheme. Please note that before registering for the Points based scheme you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to participate in the Points based scheme. You should print a copy of these Terms or save them to your computer for future reference.
We/Loyalty Works reserves the right to amend these Terms and Conditions, the Website Terms of Use, the Privacy Policy, and/or the Cookie Policy at any time. Participants who continue to participate in the Point based scheme following any such amendments will be considered to have accepted such updated documents.
1. INFORMATION ABOUT US
1.1 The points based scheme is made available by GRIDSERVE Car Leasing Limited (we, us, our) (Company Number 11057010), Registered Address: Thorney Weir House, Thorney Mill Lane, Iver, SL0 9AQ, United Kingdom. The points based scheme is operated through the website gurusuccess.gridserve.com (Website).
1.2 We have appointed a third party to manage the Points based scheme on our behalf. The Points based scheme is managed by Loyalty Works Limited (Loyalty Works) (Company Number 09971883); Registered Address: 2 Airport West, Lancaster Way, Yeadon, Leeds, LS19 7ZA, United Kingdom. Loyalty Works can be contacted by email to ben.brear@theloyaltyworks.co.uk. If you have any queries regarding the Points based scheme you should direct those queries to Loyalty Works.
2. THE POINTS BASED SCHEME
2.1 The Points based scheme is a free scheme which is made available to you on the basis that you are an employee of GRIDSERVE Car Leasing Limited and a member of the Guru team. The Points based scheme is made available entirely at our discretion and may be withdrawn at any time.
2.2 By participating in the Points based scheme, you confirm you have read, understood and accept the Terms.
2.3 All participants of the Points based scheme must be aged 18 or over.
2.4 By participating in the Points based scheme, you confirm you will accept receipt of informative communication and materials from us and from Loyalty Works, which includes marketing material directly regarding the Points based scheme. For these purposes, reference to you also includes any individuals who you nominate within your business to receive such communications from us and Loyalty Works. You expressly agree to the receipt of such material via SMS messages and/or email. You may opt out of receiving these materials by SMS messages and/or email any time by clicking the ‘unsubscribe’ button on any of the SMS messages and/or emails you receive or by contacting Loyalty Works or GRIDSERVE Car Leasing Limited.
2.5 When registering for the Points based scheme, you will be required to provide personal details. GRIDSERVE Car Leasing Limited and Loyalty Works shall correspond with you in relation to your registration.
2.6 The Points based scheme operates from the 1st July 2023 and will run on an ongoing basis.
2.7 The Points based scheme is only available to GRIDSERVE Car Leasing Limited employees who are based in the UK mainland, The Channel Islands, the Isle of Man, and Ireland. If you are based outside of these, you cannot participate in the Points based scheme.
3. MANAGEMENT OF THE POINTS BASED SCHEME
3.1 The Points based scheme is operated and managed on our behalf by Loyalty Works.
3.2 Any queries relating to the Points based scheme should be directed to Loyalty Works who can be contacted by email to ben.brear@theloyaltyworks.co.uk.
4. YOUR PARTICIPATION IN THE POINTS BASED SCHEME
4.1 The Contract, which comprises these Terms constitutes the entire agreement between you, Loyalty Works and GRIDSERVE Car Leasing Limited in relation to the Points based scheme and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4.3 You, we and Loyalty Works agree that none of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN US
5.1 Any correspondence in relation to the Points based scheme will be sent to the email address you have supplied. We and Loyalty Works accept no responsibility for emails we/Loyalty Works do not receive due to spam filters or subscriptions.
5.2 You are required to keep your personal account details safe and secure and you should not disclose these to anyone.
5.3 It is a condition of entry to the Points based scheme that all information given by you at registration is true, current, accurate and complete. It is your obligation to notify Loyalty Works of any changes in the information submitted by you at registration and to ensure that your details remain accurate, correct and up to date. Unless Loyalty Works or we expressly agree otherwise in writing, all communications that are sent to you will be sent to the email address or postal address that was provided by you at registration. We and Loyalty Works accept no liability for any failure to comply with our obligations under the Terms where such breach is caused, directly or indirectly, in connection with your failure to supply correct information or update your information, or for any lost, delayed or undeliverable communications.
5.4 If you fail to provide all of the requested and required information, you may be disqualified from, and not permitted to participate in, the Points based scheme.
5.5 We and/or Loyalty Works may terminate your participation in the Points based scheme immediately at any time and cancel or suspend any reward points you have received if we and/or Loyalty Works have reasonable grounds to suspect or believe you have:
6 CANCELLING YOUR PARTICIPATION IN THE POINTS BASED SCHEME
6.1 You can choose to withdraw your participation in the Points based scheme at any time by contacting Loyalty Works by email at ben.brear@theloyaltyworks.co.uk. Any accumulated reward points not redeemed by the date of withdrawal shall be forfeited and you will not be entitled to any financial or other compensation for any unredeemed reward points.
6.2 We/Loyalty Works may withdraw your participating in the Points based scheme if your contract is terminated with GRIDSERVE Car Leasing Limited. You must be an active advisor during the point of redemption and during the completion of the redemption process. If your contract is terminated with GRIDSERVE Car Leasing Limited, your points and entitlement to receive a reward with be revoked.
6.3 Except where we/Loyalty Works exercise our right to cancel under clause 5.5, we/ Loyalty Works may cancel, suspend or withdraw your right to participate in the Points based scheme at any time by notice in writing. For the avoidance of doubt, this includes sending an email to the email address registered to your account. Your right to use any accumulated reward points will be forfeited and you will not be entitled to any compensation or damages from us or our Third Parties.
7 TAXES
7.1 We, Loyalty Works and our Third Parties accept no responsibility for any tax liability arising from your participation in the Points based scheme.
7.2 Those persons who receive the benefit of rewards from the Points based scheme may incur a tax liability dependent on their employment status. The reporting of the reward to HMRC and any tax liability and/or National Insurance contributions arising from it is your responsibility or that of the person receiving the benefit of the rewards. If you are based outside of these areas, the reporting of the reward to your countries tax authority and any tax liability and/or National Insurance contributions arising from it is your responsibility or that of the person receiving the benefit of the rewards. We, Loyalty Works and our Third Parties accept no responsibility for any such tax liability or any failure by you or the individual to notify the relevant authorities within the UK or Ireland.
8 OUR RIGHT TO VARY THE TERMS AND THE POINTS BASED SCHEME
8.1 We and Loyalty Works reserve the right to alter or amend the Points based scheme and/or the Terms at any time during or at the end of the Points based scheme. If we and/or Loyalty Works amend the details of the Points based scheme and/or the Terms we and/or Loyalty Works will contact you to notify you of these changes. You may withdraw from the Points based scheme at this point if you do not wish to continue to participate in the Points based scheme as a result of the changes.
9 REWARDS
9.1 As a member of the GRIDSERVE Car Leasing Limited Guru team. You will be able to earn points with which you can exchange for rewards. As a member of the GRIDSERVE Guru Team, you can earn points by doing the following:
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Generated Test Drives – 5 points |
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Test Drive Completed – 5 points |
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Long Term Prospect Lead – 5 points |
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Qualified Lead passed to GCL – 10 points |
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POD Booking – 5 points |
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Named Customer Feedback – 10 points |
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Video Star ‘Service Behaviours’ Met – 50 points |
9.2 Details of your progress will be updated weekly and detailed on your online account.
9.3 In order to qualify for rewards under the Points based scheme your points must meet or exceed the reward point level for the relevant Points based scheme time period. You cannot combine your points for periods before or after the relevant Points based scheme months under any circumstances.
9.4 We/Loyalty Works reserve the right to correct any mistakes that are made in respect of the points issued to you but we/Loyalty Works recommend that you keep records of your transactions so that you can verify the information held on your account by us is accurate. Any queries in connection with the points accrued should be directed to Loyalty Works as soon as possible after they arise.
9.5 Your final total points at the end of the points based campaign is subject to reconciliation.
10 CLAIMING A REWARD
10.1 Any reward claims arising under the Points based scheme will be verified against Loyalty Works’ and our records. The details on Loyalty Works’ and our records are the only records which will be considered in calculating your rewards under the Points based scheme.
10.2 Upon redeeming your reward, you may be given an option to choose from a selection of physical prizes
10.3 After your redemption has been approved, your redemption selection cannot be changed at a later date.
10.4 No monetary equivalents are offered under the Points based scheme.
10.5 The rewards for this Points based scheme must be redeemed before the points based scheme is terminated.
10.6 All rewards must be redeemed through the Website.
10.7 Rewards can only be redeemed by you when you have achieved the reward point level and cannot be transferred to other parties.
10.8 You should be aware that the full redemption process can take up to 28 working days.
11 REWARD PROCESSING
11.6 The following terms and conditions apply to all transactions with Loyalty Works Ltd. The placement of an order for goods & services indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. We will treat each order for goods/services as an offer by you to purchase subject to these terms and conditions.
Delivery dates are not guaranteed and time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control. We will use our reasonable endeavours to ensure delivery on the dates agreed. Mainland UK & Ireland delivery charges quoted are for the majority of UK Mainland & Ireland addresses. There are different delivery charges for the Channel Islands, Northern Ireland, Isle of Man, Scottish Highlands, Orkney Isles, Outer Hebrides, Shetland Isles and Ireland.
11.7 Delivery of products within mainland UK & Ireland will normally be made within 1-5 working days. We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates specified for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If our suppliers or we are temporarily out of stock, we will notify you of this position and decide on a suitable next step.
11.8 Signature, on receipt of goods by courier, recipients are required to sign for the goods. Please note that when they sign, they are signing for the parcel - received in good condition. If they are unable to check the contents of the package at that moment in time, it should be signed for as "UNCHECKED". Failure to do so may affect any claims that they make thereafter. It is their responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Failure to do so may affect any claims that they make thereafter.
11.9 Time Limitation for Notification of Claims, Any shortages must be noted on the consignment note and it will be the recipient’s responsibility to notify us within 24 hours from delivery. It is also their responsibility to notify us of any incorrect goods supplied within 24 hours from delivery. We will not accept liability for goods lost in transit unless we are notified within 24 hours from the expected delivery date. If goods arrive in a visibly damaged condition, the recipient must refuse the consignment and make a note on the carrier's delivery consignment note. Once in receipt of goods and they notice damage to the products, it will be the winner’s responsibility to inform us within 24 hours from delivery. Failure to do so may affect any claims that they make thereafter.
11.10 Risk - After any goods have been delivered, all responsibility passes to the recipient. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at the recipients own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
11.11 Typographical Errors - In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
11.12 Availability of Goods - All products and services are subject to availability and may be withdrawn at any time. We will not be responsible for compensating any losses if we have to supply alternate goods/services. If you have redeemed a product that is no longer available, we will contact you directly to notify you and will always endeavour to find a similar alternative at the same value wherever possible. Where this is not possible, we will discuss alternate options with you to choose from.
11.13 Property and Risk - Risk in the Products shall pass to the recipient at the time of delivery. Delivery shall be deemed to occur at the time when the products arrive at the place of delivery.
11.14 We will retain title and ownership of the Products until we have received payment in full of all sums due and/or owing for all products supplied to you by us under this Contract. From the time of receipted delivery of the Products, any loss or damage to the Products shall be at the recipients own risk.
• special damages and indirect losses; and/or
• business interruption, loss of business, contracts, opportunity and/or production.
If the previous clause applies, our total liability to you shall not exceed the Contract price.
NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH IT IS NOT PERMITTED TO EXCLUDE AS A MATTER OF LAW.
12 PROTECTING YOUR DATA AND HOW YOUR DATA IS USED.
12.6 This section provides the information of which we are obliged to make you aware, under the Data Protection Act 2018, the UK GDPR (which shall have the meaning given to it in section 3(10) and supplemented by section 205(4) of the Data Protection Act 2018) (“DPA”), as updated from time to time. We and Loyalty Works confirm that at all times, we will process any personal data (being data relating to a living individual) provided by you to us/Loyalty Works, in accordance with the DPA.
12.7 As explained above, we are the data controller of all personal data we hold about you, which we supply to Loyalty Works in relation to the Point based scheme. We have appointed Loyalty Works to operate the Point based scheme on our behalf, and they will need to process your data (including any personal data you supply) in order to operate the Point based scheme. Accordingly, they are our data processor. Loyalty Works will also carry out work to ensure the information they hold about you is complete, accurate and up to date. Loyalty Works or their representatives may contact you for these purposes. The terms “data controller” and “data processor” are both defined terms, and have specific meanings under the DPA. In order to operate the Point based scheme your personal data is processed by us and Loyalty Works on the basis of legitimate interest. You can object to such processing at any time by contacting us/Loyalty Works. However, you must understand that if you do not allow Loyalty Works to process your data, you will not be able to participate in the Point based scheme. If you need us to clarify in any more detail how your data is processed, you can contact us at any time by email: privacy@gridserve.com.
12.8 In order to provide the Point based scheme to you, we and Loyalty Works will collect and process the following data from you:
12.8.1 information about you that you give us by filling in the registration form on the Website or by corresponding with us and/or Loyalty Works by phone, e-mail or otherwise. This will include the personal details of any individual you nominate to administer your account, receive marketing communications, information and promotions, and any individual you nominate to receive information about the incentives made available to you as part of the Point based scheme. Such individual’s data shall be referred to as “Nominee Data” in these Terms. In these Terms reference to “your data” includes any Nominee Data.
12.8.2 It is important that any individual, whose Nominee Data is supplied to us for the purpose of operating the Point based scheme, consents to us and Loyalty Works processing their Nominee Data for the purposes described in section 12.3.1 above. Accordingly, you must bring these Terms to the attention of any such nominee. By agreeing to these Terms you are confirming that you have brought to the attention of, and the nominee has agreed to, the processing of their Nominee Data for the purposes of operating the Point based scheme.
12.8.3 We and Loyalty Works may receive information about you from other sources. For example, we may ask Loyalty Works or their authorised agents to contact you to ensure the data we hold about you is correct and to determine any information which we need to operate the Point based scheme, which is currently missing from our records. Loyalty Works will provide that information to us, and they will also keep a copy of such data for the purposes of operating the Point based scheme. If you would like information about the authorised agents Loyalty Works use for these purposes, please contact Loyalty Works by emailing: ben.brear@theloyaltyworks.co.uk.
12.9 How will we and Loyalty Works use your data: We and Loyalty Works will use your data for the following purposes only:
12.9.1 To enable you to participate in the Point based scheme;
12.9.2 To manage your membership of the Point based scheme. This will include:
• Contacting you to send you updates about your account. Such updates may be sent by us or Loyalty Works.
• us and/or Loyalty Works contacting you to tell you about incentives which could be available to you. You may contact us / Loyalty Works at any time to opt out of receiving such information.
• We and/or Loyalty Works and/or its agents may use your data to send marketing messages, information and promotions to you and any individuals you nominate to administer and/or receive information about rewards and incentives. These messages may be issued in various formats, including (but not be limited to) letters, emails and/or text messages. You may contact us / Loyalty Works at any time to opt out of receiving such marketing messages and information.
12.10 You can obtain further information about how we and Loyalty Works process personal data by reading our privacy notice: https://www.gridserve.com/legal-our-privacy-policy/ and Loyalty Works’ privacy policy: https://theloyaltyworks.co.uk/privacy-policy/
13 LIABILITY
13.6 Nothing in these Terms limits or excludes Loyalty Works’ and our liability for death or personal injury caused by Loyalty Works’ or our negligence or for our fraud or fraudulent misrepresentation.
13.7 Subject to clause 12.1, we, Loyalty Works and our Third Parties will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for (1) any loss of profits, sales, business, or revenue (2) loss or corruption of data, information or software; or (3) any indirect or consequential loss.
13.8 Except as expressly stated in these Terms, we and Loyalty Works do not give any representation, warranties or undertakings in relation to the Points based scheme. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we and Loyalty Works will not be responsible for ensuring that the Points based scheme is suitable for your purposes.
14 ADDITIONAL TERMS
14.6 Any purchases and returns of products will be subject to our usual terms of trading, a copy of which are available on request. These Terms do not amend the terms of trading between you and us, which will continue to apply.
14.7 If you are issued with a prize as part of the Points based scheme, We, Loyalty Works accept no liability for lost or stolen prizes. If you have lost or had your prize stolen, please contact Loyalty Works using the contact details provided above.
14.8 We/Loyalty Works reserve the right to substitute any prize with an incentive/prize equivalent value in the event of circumstances outside of our or Loyalty Works’ control.
14.9 You may view your account details and accrued points by visiting the Website. We/Loyalty Works may send emails detailing your points from time to time. However, it is your responsibility to track your own performance.
14.10 We and Loyalty Works are not responsible for any third party websites that are made available to you as part of the Points based scheme, nor for any product information or services (including rewards) supplied through or in connection with such third party websites.
14.11 We and Loyalty Works will not be liable for any failure to perform, or delay in performance of our obligations under a contract that are caused by an event outside of our/Loyalty Works’ control. An event outside of our/Loyalty Works’ control means any act or event beyond our reasonable control including (without limitation) strikes, industrial action by third parties, civil commotion, terrorist attack, riot, invasion, fire, storm, flood, earthquake, epidemic or other natural disaster. We/Loyalty Works reserve the right to vary the Terms or cancel or suspend the Points based scheme at any time due to an event outside of our/Loyalty Works’ control.
14.12 We and Loyalty Works may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.13 You may not transfer your rights or your obligations under these Terms to another business without our express prior written consent.
14.14 This Contract is between you, us and Loyalty Works. Except for you, us, Loyalty Works and (where applicable) other third parties which supply rewards for the Points based scheme, no other person or entity shall have any rights to enforce any of its terms.
14.15 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.16 If we/Loyalty Works fail to insist that you perform any of your obligations under these Terms, or if we/Loyalty Works do not enforce our rights against you, or if we/Loyalty Works delay in doing so, that will not mean that we/Loyalty Works have waived our rights against you and will not mean that you do not have to comply with those obligations. If we/Loyalty Works do waive a default by you, we/Loyalty Works will only do so in writing, and that will not mean that we/Loyalty Works will automatically waive any later default by you.
14.17 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. All of us irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
End of terms of conditions