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1 |
Definitions |
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1.1 |
The following words and phrases shall have the meanings set out below: |
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Points: the reward currency of the Programme |
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Nielsen Tam Republic of Ireland Site: the web site at www.nielsen-tamrewards.com/ie |
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BI: BI Worldwide Limited (Company Number 1445905) whose registered office is at 1 Vantage Court, Tickford Street, Newport Pagnell, MK16 9EZ |
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Business Day: means between the hours of 09:00 and 17:30 Monday to Friday (inclusive) other than English Bank holidays |
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Campaign Rules: the basis of measuring and rewarding Individual Participants and the terms for transferring points, as agreed between BI and the Sponsoring Company |
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Catalogue: BI's directory of products and services (as amended from time to time) that can be obtained in exchange for points |
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Individual Participant: a person eligible for participation in the Programme as notified to BI by a Sponsoring Company |
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Individual Participant Account: the account of an Individual Participant showing the number of points accrued |
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Programme: the incentive scheme operated by BI allowing Sponsoring Companies to reward Individual Participants by issuing points for achieving certain goals |
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Rewards: the products and services listed in the Catalogue |
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Sponsoring Company: a person entitled to purchase and issue points as a result of entering into a Sponsoring Company Agreement with BI |
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Supplier: the manufacturer (if goods) or provider (if services) of Rewards |
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1.2 |
References to persons shall include bodies corporate and unincorporated, association, partnerships and individuals. |
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1.3 |
References to Clauses and Sub-Clauses are to the clauses or sub-clauses of these Conditions. |
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1.4 |
All references to a statute or statutory provision shall be construed as including references to any modification, consolidation or re-enactment for the time being in force. |
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1.5 |
Headings are for convenience of reference only and shall not affect the interpretation of these Conditions. |
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2 |
Set-up |
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2.1 |
Each Individual will be issued with a unique key code and shall be directed to a URL in order to activate their Individual Participant Account. On entering the key code at the appropriate URL, the Individual will be issued with a password for entry into the Nielsen Tam Republic of Ireland system and online access to their Individual Participant Account. |
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2.2 |
It is the Individual's responsibility to keep the key code and password referred to in Clause 2.1 safe and secure. The Individual will be liable for any misuse of the Individual Participant Account (except where such misuse arises as a result of the negligence of BI, its employees, agents or contractors) until such time as BI is notified that an Individual Participant Account has been accessed without authority. |
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2.3 |
It is the Individual Participant's responsibility to keep the personal information stored under the "Profile" section of the Nielsen Tam Republic of Ireland system up-to-date and to notify BI of any change to such information. |
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2.4 |
The Individual Participant agrees to notify BI immediately if he/she suspects any unauthorised use of his/her account or any other breach of security. |
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2.5 |
The Individual Participant agrees not to use any automatic device or manual process to interfere or attempt to interfere with the proper working of the Nielsen Tam Republic of Ireland system. The Individual Participant agrees not to take any action that imposes an unreasonable load on the infrastructure of the Nielsen Tam Republic of Ireland system. |
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3 |
Earning Points |
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3.1 |
The Campaign Rules shall determine the means by which points can be earned and received. |
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3.2 |
Provided the Sponsoring Company holds a sufficient number of points, each Individual Participant Account will be credited with points as they are earned. |
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3.3 |
Subject to the Sponsoring Company holding a sufficient number of points, the Sponsoring Company's decision as to the number of points awarded to an Individual Participant shall be final and binding. |
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3.4 |
Points issued by a Sponsoring Company are personal to an Individual Participant Account and may only be transferred if allowed by the Campaign Rules. Any liability to National Insurance or Income Tax remains the responsibility of the transferring Individual Participant. |
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3.5 |
Points may only be earned or transferred in accordance with the Campaign Rules and shall only be held or redeemed as set out in these Conditions. Any other use, sale, award or exchange of points, or any attempt to do so, constitutes a material breach of these terms and shall be deemed void. Points that are not earned or held in accordance with the Campaign Rules or these Conditions (as the case may be) will be invalid. BI shall be entitled to deduct such points from the Individual Participant Account or (if redeemed) cancel the relevant Reward or take such other action, as BI deems appropriate. |
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4 |
Claiming Rewards |
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4.1 |
The number of points required to exchange for each of the Rewards shall be as shown in the Catalogue. |
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4.2 |
Points cannot be redeemed against Rewards until they have been credited to an Individual Participant Account and cannot be re-used once they have been redeemed against a particular Reward. BI takes no responsibility for the failure, delay or error of a Sponsoring Company in notifying BI of points to be credited. |
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4.3 |
Transactions on which points are earned or redeemed are made between the Individual and BI as agent for the Supplier. All Rewards are purchased on the terms of the Orders and Returns Policy published on the Awards system. Individual redemption information is not disclosed to anyone other than to Suppliers for the purpose of order fulfilment, in accordance with the Data Protection Act 1998. |
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4.4 |
All Rewards are subject to availability and BI reserves the right to change the Catalogue, including the value in points of items in the Catalogue, from time to time. BI has the right to amend, substitute, remove or re-value any Rewards at any time and without prior notice of any form. The pictures and descriptions of Rewards contained in the Catalogue are for illustration only and shall not form part of any contract between BI and the Individual. |
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4.5 |
Points have no cash value and cannot be used for any purpose other than for redeeming Rewards. |
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5 |
Liability of BI |
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5.1 |
BI is not responsible for: |
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5.1.1 |
any changes to or discontinuance of any points earning opportunity or promotion made by third party companies; or |
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5.1.2 |
the inaccurate communication by the Sponsoring Company of points earned from the Sponsoring Company; or |
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5.1.3 |
any changes to or discontinuance of any Rewards; or |
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5.1.4 |
access to or the availability (or otherwise) of the Awards system. |
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5.2 |
BI shall use its reasonable endeavours to ensure that all information on the Awards system and in the Catalogue is accurate, but makes no representation as to the accuracy of the same and shall not accept liability for any loss or damage caused by inaccurate information. |
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5.3 |
The Individual Participant is solely responsible for assessing any tax, duty and/or National Insurance that may arise through collecting points and for the payment of said taxes, duties and National Insurance contributions, except that where the Sponsoring Company has notified the Individual Participant that there is a Taxed Award Scheme or PAYE Settlement Agreement, applicable to a particular issue of points, the Sponsoring Company will be responsible for paying that Income tax and National Insurance for which it is liable under the Taxed Award Scheme or PAYE Settlement Agreement. The Sponsoring Company will be liable for Employers' Class1 or Class 1A National Insurance payable on allocated points. |
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5.4 |
Nothing in this Clause shall exclude or limit BI's liability to the Individual for death or personal injury caused by BI's negligence. |
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5.5 |
Subject to Clause 5.4, BI will not be liable to the Individual under any circumstances for: |
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5.5.1 |
loss of profits; |
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5.5.2 |
loss of contracts, loss of business or loss of goodwill; |
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5.5.3 |
damage to or loss or corruption of data; or |
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5.5.4 |
special, indirect, incidental or consequential damages. |
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6 |
Privacy and Data Protection |
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6.1 |
Any personal data (as defined in the Data Protection Act 1998) obtained by BI in respect of an Individual will be processed in accordance with the Privacy Policy published on the Awards system. |
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7 |
Account Closure/Suspension |
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7.1 |
BI may: |
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7.1.1 |
suspend or close an Individual Participant Account if no points have been earned or redeemed on such Individual Participant Account for a continuous period of at least 12 months; or |
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7.1.2 |
suspend any Individual Participant Account on reasonable suspicion of unauthorised access, fraud, misconduct or breach of these Conditions until such time as BI is satisfied that such action has ceased or been rectified; or |
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7.2 |
In the event of the closure of any Individual Participant Account pursuant to Clause 7.1.1 and 7.1.2, the relevant Individual will have 150 days from notice of termination to redeem any points held in their Individual Participant Account in accordance with these Conditions. Unless otherwise stated, no further points may be accrued during this 150-day period. |
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8 |
Intellectual Property Rights |
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8.1 |
Copyright in the whole and every part of the Awards system belongs to BI or its licensors and may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of BI's agreement or otherwise without the prior written consent of BI. |
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8.2 |
The Individual Participant warrants and represents that he/she will not copy, reproduce, alter, modify or create derivative works from the content contained in the Awards system. |
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8.3 |
'BI'TM and the BI logo are trade marks of BI Worldwide Limited.
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9 |
Notices |
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9.1 |
Any notice required or permitted to be given by either party to the other under these Conditions shall be via e-mail addressed to the Individual at the e-mail address supplied by the Sponsoring Company (as amended pursuant to Clause 2.3 above) and to BI at irelandrewards@nielsen-tam.com or (in either case) such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. |
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9.2 |
A notice is deemed to have been served the Business Day after sending and providing sender can show satisfactory transmission of the email. |
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10 |
Force Majeure |
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10.1 |
The obligations of BI under these Conditions shall be suspended during the period and to the extent that BI is prevented from carrying out its obligations or is deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. |
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11 |
General |
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11.1 |
BI may modify these Conditions from time to time and shall use reasonable endeavours to provide each Individual with notice of such changes. An Individual's continued participation in the Programme (by earning or redeeming points) will constitute acceptance of the revised Conditions. |
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11.2 |
A waiver by BI of a breach of any term or condition of these Terms shall not be deemed as a continuing waiver or a waiver of any subsequent breach of the same of any other provisions. The provisions of the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws) shall not apply to these Terms. If a competent authority decides any part of these Terms cannot be enforced, that particular part will not apply but the rest will. |
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11.3 |
These Nielsen Tam Republic of Ireland system Conditions supplement the Campaign Rules and if there are any inconsistencies between these Conditions and the Campaign Rules, these Conditions shall prevail, except in respect of the allocation of points by the Sponsoring Company or the transfer of points by an Individual Participant. |
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11.4 |
These Conditions shall be governed by the laws of England, and the parties hereby submit to the non-exclusive jurisdiction of the English courts for all purposes arising in connection with these Conditions. |
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