RetailBANK Terms and Conditions

IMPORTANT NOTICE

These terms & conditions set out the basis on which you visit and use our website and order and load gift cards. Please read them carefully as they contain important information.

By accepting these terms and conditions You agree that:

You are committing to a minimum value of £100 per month being paid into Your RetailBANK shopping account that can be used to load credit onto a range of gift cards.

You understand You can change the monthly value selected subject to the £100 per month minimum by contacting the FlexAdmin Team by email Flexadmin@northgatearinso.com or telephoning 0844 3912416.

Who we are
1. This website is owned and operated by Intelligent Card Services Ltd, Victor House, Wheatley Business Centre, Old London Road, Wheatley, Oxon, OX33 1XW. ("ICS.", "We", "Us") and or its subcontractors. RetailBANK are trading and brand names of ICS.
2. ICS is a card benefits service provider to its employee and affinity group customers. ICS services include access and membership benefits and privileges accessed using the Website. ICS enables users of the Services ("You", "Your"), to obtain and/or collect Cashback credits ("Cashback") when using gift cards from participating retailer's ("Retailer"). The usage of RetailBANK, are all subject to certain conditions laid out in these terms and conditions and the relevant Retailer terms. Due to the large number of available retailers and the range of cashback, Cashback can be changed without notice.
3. These terms govern Your use of, RetailBANK which is operated by ICS using the Website. These terms apply to offers that are listed in any RetailBANK direct communication, including but not limited to emails, SMS, printed brochures or other media.
4. The Services on the Website (see www.northgateretailbank) are only designed for delivery to UK and Republic of Ireland residents.
5. Some products and services available using the Service, have conditions that apply in addition to these terms: These additional conditions will be displayed within the appropriate Retailer's web page and You should read these carefully before You agree to use the product/service in question. If there are any inconsistencies between these terms and the Retailer's product/service conditions, the Retailer's product/service conditions will prevail in relation to the products and services provided by the Retailer.
Changes

ICS may modify the Website and or Service from time to time for any reason and without notice including the right to terminate all or part of the Services with or without notice without incurring any liability to You. We reserve the right to modify these terms from time to time without notice by posting the amended terms and conditions on the Website. ICS will notify you of these changes so You will be aware of any changes and Your continued use of the Website will mean that You agree to the changes made.

Content on the Website

ICS will ensure that the information that it provides on the Website is accurate and up-to-date.
Some information will be provided by, and be relevant to the Retailers: ICS accepts no liability for any inaccuracies in this information or for any loss or damage You suffer in connection with or arising out of the information provided by Retailers.
We are not responsible for products or services provided by the Retailers, whether You access them on this site, or via links from the Website. We do not endorse these products or services. You are responsible for evaluating them. If You decide to buy any of these products or services, You do so at Your own risk and as a result of Your own choice.
In the event that You purchase or obtain any goods or services from Retailers then the acquisition of such goods or services will be in accordance with the Retailers' terms and conditions and ICS will have no liability to You in respect of the same.
If You enter into a contract with a Retailer listed on the Website (such as a contract of sale), the contract shall exist only between You and the Retailer. In the event of a problem with the product or service that has been ordered all queries, except those relating to Cashback should be directed to the Retailer concerned.

Use of your Card

Once you have loaded the relevant gift card with a value you cannot reverse the transaction and claim a credit.
Once credit is loaded onto the relevant gift card you are bound by that Retailer's terms and conditions. These can be found at www.northgateretailbank
You must
1. treat the gift cards as if they were cash and therefore if you lose your gift cards or if they are stolen you will lose any money in it in the same way as if you lost cash in a wallet or purse;
2. take all reasonable precautions to ensure that the gift card is not lost, stolen, damaged or destroyed.
The gift card can only be used at the relevant retailers to pay for products and services supplied by that retailer.
The maximum amount you can spend using the gift card is the amount of the balance on the gift card at the relevant time. If you attempt to spend more than such balance the transaction will be declined. You can check the balance of your gift cards prior to shopping at http://www.peoplevalue.co.uk/northgateretailbank/ where the retailer offers this service.
If the amount of a proposed gift card purchase is greater than the available balance, you can pay the difference in cash or by any other payment method acceptable to the Retailer. If possible, please inform the cashier that your purchase is greater than the balance on the gift card and ask for the alternative payment method to be processed first.

Lost, Stolen, Damaged or Destroyed Cards

If your gift card is lost or stolen, or your gift card malfunctions or is damaged or destroyed you must notify us as soon as reasonable practicable by telephoning our customer service team on 0845 675 9996. Upon receipt of the call we will immediately cancel the gift card.
In the event that your gift card is lost, stolen or misused by someone without your permission, you may have to pay part of the loss up to a reasonable sum of any loss incurred.
We will, unless we reasonably believe that fraud may be involved, and subject to Clauses 5.2, (if allowed by the Retailer) issue a new gift card with the value of the balance on the gift card at the time of the notification referred to in Clause 5.1.
Valid claims will be processed within 10 working days and will be subject to an administration fee of £5.50.

Cashback Credits and Fees

Once you are enrolled onto the RetailBANK scheme you start earning Cashback based on the percentage of the value you place on the relevant gift card you have chosen.
We provide features on the Website for You to check that Your Cashback will be correctly tracked and it is Your responsibility to ensure that you check your Cashback statement regularly.
You need to report to ICS within 45 days of loading the gift card you have chosen that the Cashback has not been allocated and ICS will confirm if the Cashback is due and allocate it to Your account.
ICS will charge a £1.50 membership fee every month which will be taken from Your Cashback Account. In the event the balance is less than £1 your Cashback balance will be negative until more Cashback is earned.
To cover bank transaction charges ICS will make a charge at the point of sale of 50p each time You load credit into Your RetailBANK Shopping Account using a debit card or 1.5% of the load value plus 10p when using a credit card. ICS reserve the right to change transaction fees by giving members no less that 30 days notice in the event the banks change their charges.

Eligibility for Cashback

If You receive a Cashback payment that You are not eligible to receive, You must inform Us by contacting the Helpdesk at the earliest opportunity so that the transaction can be removed and allocated to the true recipient.
Cashback amounts are published for guidance purposes only. We reserve the right to change or withdraw Cashback rates at any time and without notice in accordance with Our terms with Our Retailers. Amendments will be posted to the Website as soon as practically possible. Current rates are displayed on the Website and are available by contacting the Helpdesk. It is Your responsibility to check current rates before making a purchase. We reserve the right to cancel or amend any Cashback that, at Our sole discretion, is deemed to have been awarded in error.

Withdrawal of Cashback Credit Value

In the event of a technical, administrative or other error the Cashback balance of Your account exceeds the correct value then You must inform Us as soon as reasonably practicable.
You are not permitted to request a withdrawal of funds gained from Cashback payments that You know You are not eligible to receive. Knowingly withdrawing ineligible funds constitutes fraud.

Member Accounts

Where You cease to be entitled to access the Service because the employee benefit scheme is changing, or for any other reason such as leaving an employment, then Your member account will be closed after 60 days. Once the closure process is complete You will no longer be able to claim Cashback or the other benefits accrued to You associated with the Service.

Limitation of Liability

The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and You should not rely on any material in the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
ICS specifically excludes all and any losses, liabilities, claims, damages, expenses or costs over and above Your Cashback balance value arising in connection with your use of or inability to use the Website; any unauthorised access to or alterations of information provided on the Website; your use of any third party websites (including without limitation those that may be connected by hyperlink to this site); any arrangements entered into with any third party in connection with any information provided by or in connection with the Website; the inaccuracy or incompleteness of any information supplied through the Website.

Breach of Terms

If You breach these terms, We reserve the right to suspend Your account and take such other action to protect Our and Our licensors' intellectual property as is reasonably necessary.

Applicable Law and Entire Terms

Your use of the Service and these terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.
These Terms constitute the entire terms between You and ICS relating to the subject matters herein.

Data Protection & Privacy
1. We and You undertake and agree to comply with all applicable requirements under the Data Protection Act 1998 (the "Act"), including but not limited to ensuring that each party has in place and maintains valid notifications under the Act and any other Applicable Laws.
2. We, as processor of data, will only use personal information relating to persons who may or do utilize, or who are otherwise the subject of, any of the services from time to time ("Data") upon, and in accordance with, Your reasonable written instructions.
3. In the course of the services You may transfer personal data to Us for Us to process on the Your behalf. It is the joint intention of the parties that You will be the data controller and We will be a data processor. We will process the personal data only in accordance with the terms of these terms and Our agreement with You and any lawful instructions given by You from time to time. Each party will take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or accidental loss or destruction of, or damage to, the personal data so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage in relation to the personal data and the nature of the personal data to be protected.
4. Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by any party to comply with any of its obligations under this Clause 13.
5. In addition to the above clauses, We will:
  1. use reasonable endeavours to ensure that all personnel required to access the personal data are informed of the confidential nature of such personal data and comply with the obligations set out in this Clause 13;
  2. not transfer such personal data outside of the European Economic Area without Your written consent. We will send data to companies which adhere to the "Safe Harbor" Framework and are located in the United States, but not without Your prior written consent, such consent not to be unreasonably withheld; and
  3. on expiry or termination of this Agreement return such personal data processed by Us on behalf of You (and which have not be destroyed in accordance with the Act) within 10 working days or as otherwise agreed between the parties.
6. On termination, all copies of Your data must be destroyed so far as it is reasonably practicable to do so, save that one copy of Your data may be retained by Us for meeting regulatory or legal requirements. In any event such data shall not be kept longer than is permissible by Applicable Law and in any event such data shall be destroyed immediately upon the 7th anniversary of the commencement date of Our agreement with You provided any further retention is not required by the local applicable law and if such data is on electronic media it must be destroyed using WEEE or CESG approved tools and technology and We shall if requested to do so by You, issue You with a certificate of disposal identifying all media so destroyed. Likewise, any data retained in paper format must be cross cut shredded and We shall issue You with a certificate of destruction.
7. You, as the data controller (as such term is used in the EC directive 95/46/EC), instructs Us to process such Data. In the event of a conflict between Your instructions and what reasonably required for Us to perform its obligations under this Agreement, Your instructions will prevail notwithstanding You, as data controller, will be responsible to adhere to the provisions of applicable data protection laws and for the protection of the rights of those affected, and shall ensure that it only instructs Us to do, or omit to do, things in relation to Data which are reasonable and in compliance with all applicable laws and regulations.
8. We, as data processor, will be responsible for implementing technical measures that are appropriate to safeguard adequate protection of the Data from unauthorized access and/or misuse whilst under its control, and shall use all reasonable efforts to ensure that any of Our partners in processing Your Data on behalf of You, also apply such appropriate measures. For the avoidance of doubt all Our partners must use their commercial best endeavours to encrypt with individual passwords any removable media storage devices such as memory sticks, CDs, DVDs, PDAs, mobile phones and laptops at all times.
9. Data will remain Your property upon termination or expiration of Our agreement with You and may be forwarded to You or a third party at Your request on an "as is" basis and Our then current format. Alternatively, upon Your request, We will delete all Data supplied to Us except for legal or archival purposes or as otherwise agreed to between the Parties in accordance with clause 13.6.
Our Details
1. RetailBANK is a brand name owned by Intelligent Card Solutions Ltd. registered in England and Wales No 06729907 at Victor House, Wheatley Business Centre, Old London Road, Wheatley, Oxon, OX33 1XW.
2. User Helpdesk: 0845 675 9996 (Mon - Fri, 8am to 6pm).
3. Email: csdept@icardsolutions.co.uk