Merchant North (Brand X): Terms & Conditions

Updated June 2023

These are the general terms and conditions which apply to the Merchant North (Brand X) Hosts in relation to the Gift Fulfilment Programme (Programme). The Programme has been established exclusively for hosts of Merchant North (Brand X) to request gift fulfilment for their VIP customers. These Terms are made available to you on our website.

Please read these Terms carefully and make sure that you understand them, before using the Programme. Prizeshark (We, Us, Our) 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 use the Programme following any such amendments will be considered to have accepted such updated documents.

Merchant North (Brand X) (Company Number 16096, Registered Address: PO Box 2735, Old Parham Road, St. Johns, Antigua and Barbuda) have appointed us as a third party to manage the Website and Programme on their behalf: Prizeshark Limited (Prizeshark, Company Number 05340815, Registered Address: 4 Downlands Harrietsham, Maidstone, ME17 1LE). Prizeshark can be contacted by email to Lizzie@prizeshark.com. If you have any queries regarding the Programme you should direct those queries to Prizeshark.

1. GENERAL TERMS

1.1 The Programme is made available to you on the basis that you are a host who represents Merchant North (Brand X) and wish to reward your VIP players for their loyalty. The Programme is made available entirely at the discretion of Merchant North (Brand X) and may be withdrawn at any time.

1.2 By using the Programme, you confirm you have read, understood and accept the Terms.

1.3 All participants of the Programme must be aged 18 or over.

1.4 When using the Programme, you will be required to provide personal details of your VIP players.

1.5 The Programme operates from 27th July2023 to 30th April 2024.

1.6 The Programme is only available to those to hosts who represent Merchant North (Brand X). If this not apply to yourself then you cannot use the programme.

1.7 The Website will guide you through the steps you need to take in order to use the Programme. Please take the time to read and check the information you provide during the fulfilment process. It is your responsibility to check you have submitted the correct details for your VIP Player gift request. If you wish to make any amends, please contact us on the contact details above.

1.8 When completing the gift fulfilment form, you must provide valid personal details for your VIP players which will be used to complete the gift fulfilment. You must also provide a postal address and telephone number on which your VIP player can be contacted in connection with the gift fulfilment. It is your obligation to ensure your VIP customer details remain accurate, correct and up to date and notify us of any changes in the information submitted by you to ensure your VIP Player receives their gift successfully.

1.9 We may terminate your use of the Programme immediately at any time and cancel or suspend any gift fulfilment requests if we have reasonable grounds to suspect or believe you:

  • no longer represent Merchant North (Brand X)
  • request a gift fulfilment (or attempted to request a gift fulfilment) dishonestly or fraudulently;
  • acted in a hostile, abusive or aggressive manner towards any of our staff or the staff of our Third Parties;
  • knowingly provided false or misleading information at any time during your use of the Programme;
  • breached or attempted to breach any of these Terms.

1.10 TAXES: We, Merchant North (Brand X) and our Third Parties accept no responsibility for any tax liability arising from the provision of gifts within the Programme. Those persons who receive the benefit of rewards from the Programme may incur a tax liability dependent on their employment status. The reporting of the gift to the relevant tax authorities and any tax liability and/or National Insurance contributions arising from it is your VIP Player's responsibility or that of the person receiving the benefit of the rewards. As a host, you should make your VIP players aware that it is their responsibility to be aware of the tax regulations in their country. This is not the responsibility of Us or Merchant North (Brand X).

1.11 We and Merchant North (Brand X) reserve the right to alter or amend the Programme and/or the Terms at any time during or at the end of the Programme.

1.12 We are not responsible for any third party websites that are made available to you as part of the Programme, nor for any product information or services (including gifts) supplied through or in connection with such third party websites.

2. GIFT FULFILMENT

2.1 We reserve the right to correct any mistakes that are made in respect of the gift fulfilment requested. Any queries in connection with the gift fulfilment requests should be directed to us as soon as possible after they arise.

2.2 Any gift fulfilment requests arising under the Programme will be verified and approved by your area manager prior to fulfilment.

2.3 Upon requesting the gift for your VIP player, please provide all the information you can including specific product details to ensure the correct gift is fulfilled. Please note, it may not be possible for all items requested to be sourced and fulfilled, in these instances a representative from Prizeshark will make contact with you via telephone or email to discuss a suitable alternative.

2.4 After the gift request has been approved, your request cannot be changed at a later date.

2.5 No monetary equivalents are offered under the Programme.

2.6 All gift requests must be made through the Website.

2.7 You should be aware that the full gift fulfilment process can take up to 28 working days from the point of your Area Manager's approval of your request on the platform.

2.8 If you gift request is rejected by your Area Manager, you will be required to submit a new request as appropriate. The initial request will not be fulfilled after a rejection has occurred.

2.9 Delivery of products will normally be made within 14 working days, however are not guaranteed. 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.

2.10 We accept no liability for lost or stolen gifts. If the recipient has lost or had their gift stolen, please contact us using the contact details provided above.

2.11 We reserve the right to substitute any gift with a gift to the equivalent value in the event of circumstances outside of our control, including if your requested product is not available at the time of request.

2.12 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.

2.13 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 you/us within 24 hours from delivery. It is also their responsibility to notify you/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 recipient's responsibility to inform you/us within 24 hours from delivery. Failure to do so may affect any claims that they make thereafter.

2.14 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.

2.15 Holidays & experiences - Unless stated, we will allow participants a reasonable level of time to decide on their preferences for any holiday/experience that has been requested, and will allow travel at any time within 12 months of request. There may be excluded dates over holiday periods such as bank holidays, Easter & Christmas, we will notify at the time any of these dates. We reserve the right to amend any or all aspects of the holiday or experience if it becomes unavailable during the time selected.

2.16 Guarantee - All Products are supplied with the manufacturers guarantee unless otherwise stated. We guarantee that the Products will be free from defects in materials and/or workmanship for a period of 12 months (or longer if so required by law) from the date of delivery unless otherwise stated.

2.17 The guarantee in this clause above is given by us, subject to the following conditions:

  • We shall be under no liability in respect of any faults or defects caused by wilful damage, abnormal working conditions, failure to follow our instructions, misuse, alteration or repair of Products without our approval, improper maintenance or negligence on your part or a third party. In addition routine maintenance (cleaning of dirty audio/video heads etc.), consumables (styli, plug fuses, cables, batteries, etc.), cosmetic damage and tuning of channels are not covered.

2.18 Repairs and Replacements - Where any defect in the Products is apparent upon inspection, we must be informed within 7 days of delivery. The recipient can then, either, return the defective product to us directly or we will organise a collection from their office / home at our own cost. Upon receipt of the Products and confirmation of the defect by technical engineers, the participant will be offered the following options:

  • subject to availability, a replacement delivered to you free of charge; or
  • an option to select an alternative product at the same value, providing the product has been verified defective and is complete with all accessories in its original box and packaging.

If the Product is not deemed to be defective by our technicians then the participant will be offered the following options: -- the return of the Product to the recipient. We may charge for the return and resend delivery; or- an option to select an alternative product of the same valueless any applicable delivery charges provided that the Product is "as new" and complete with all accessories in its original box and packaging.

3. DATA PROTECTION AND HOW THE DATA IS USED.

3.1 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/Prizeshark, in accordance with the DPA.

3.2 Merchant North (Brand X) remain the data controller of all personal data we hold about you and the VIP players, which has been/will be supplied for the use of the Programme. We have been appointed by Merchant North (Brand X) to operate the Programme on their behalf, and therefore we will need to process your data (including any personal data you supply of your customers) in order to operate the Programme. Accordingly, we are a data processor. We may also carry out work to ensure the information we hold about you/your customers is complete, accurate and up to date. We 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 participate in the Programme, you need to consent to us processing your data (including personal data) in order to operate the Programme. By agreeing to these Terms, you will be deemed to have consented to such processing. You can object to such processing at any time by contacting us. If you need us to clarify in any more detail how the data is processed, you can contact us at any time.

3.3 In order to provide the Programme to you, we will collect and process the following data from you and your VIP players:

3.3.1 information about you that you give us by filling in the gift fulfilment form on the Website or by corresponding with us by phone, e-mail or otherwise. This will include the personal details of any VIP player you wish to receive a gift. 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.3.3.2 It is important that any individual, whose Nominee Data is supplied to us for the purpose of operating the Programme, consents to us processing their Nominee Data for the purposes described in section 10.3.3 above. Accordingly, you must bring these Terms to the attention of any such nominee.

3.4 We will use your data for the following purposes only:

3.4.1 To enable you to use the Programme;

3.4.2 To manage your use of the Programme. This will include contacting you to send you updates about your website profile.

3.5 You can obtain further information about how we process personal data by reading our privacy policy.

3.6 In relation to any personal data that we process we will:

3.6.1 not retain any personal information you provide to us for longer than is necessary to provide the Programme;

3.6.2 ensure we, taking into account the costs of implementation and the nature, and purpose of the data processing, implement appropriate technical and organizational measures to protect your personal data.

End of Terms and Conditions