“App-Etite App” Terms and Conditions from Thursday 10th November 2017
The App-Etite App loyalty scheme is operated in participating Chartwells outlets by Compass Contract Services (UK) Ltd. If you need to write to please use the following address: Compass Contract Services (UK) Limited, Parklands Court, Birmingham, B45 9PZ.
IMPORTANT PLEASE READ
In these Terms the following expressions have the respective meanings:
“Chartwells”, “we” “ our” or “us” means Compass Contract Services (UK) Ltd being a company incorporated in England with company number 02114954 and registered office address at, Compass Contract Services (UK) Limited, Parklands Court, 24 Parklands, Birmingham Great Park, Rubery, Birmingham, B45 9PZ.
“Franchise Outlets” means (without limitiaiton) outlets operated by us as a franchisee on behalf of companies such as Subway, Costa Coffee, Starbucks, Greggs, Costcutter and other site specific outlets.
“Group” means Compass Contract Services (UK) Ltd (“CCS”) and any holding company of CCS and any subsidiaries of CCS or of any of its holding companies as defined in section 1159 of the Companies Act 2006.
“Holding Account” means a dedicated bank account managed by us, ring fenced from the business accounts.
“Participating Outlets” means all Chartwells outlets participating in the APP scheme and excludes Franchise outlets. Details of which outlets are participating in the scheme can be found on your APP on the My Space Tab / My University.
“App-Etite Loyalty APP” or “APP” is the Payment & Loyalty APP available to download from the Apple and Google APP stores. There is no physical loyalty card.
“You” or “your” means the person who downloads the APP.
Scope of these Terms
These Terms are written and available only in English and we undertake to communicate with you in English regarding any aspect of the App-Etite Loyalty APP service.
You agree that we may communicate with you by e-mail and/or via the APP, for issuing any notices or information about your App-Etite Loyalty APP account and therefore it is important that you ensure you keep your e-mail address updated via the APP.
This Agreement is solely and exclusively between you and us.
Obtaining your APP
Your APP is issued by, and remains the property of, Compass Contract Services (UK) Limited and can be downloaded from Apple and Google APP stores.
We reserve the right to either amend these Terms or on reasonable notice to terminate, withdraw or cancel the loyalty scheme and/or Pre-paid scheme (including withdrawing or cancelling the APP) and/or any points which may have been collected.
Using your APP
You can use your APP in a similar way to a loyalty card to earn points on purchases of individual products.
You must only use the APP in accordance with the scheme rules. In order to earn reward points on purchases, the APP must be presented at the checkout prior to purchase. Reward points cannot be added after the transaction is completed. Your APP is personal to you and neither the APP nor the reward points can be used by or transferred to any other person. The rewards points cannot be used in conjunction with any other promotion or discount. We reserve the right to remove promotions without prior notice. No cash alternatives or product substitutions are available. Products may not be available in all outlets and are subject to availability. Certain other products may also be excluded from the scheme or the reward points awarded reduced from time to time at our discretion. Any reward points earned on purchases which are subsequently cancelled or refunded will be deducted from the APP.
You will earn 1 point for every £1 spent on applicable purchases which you make in Participating Outlet. Points will be rounded up in cash value so £1.01 will earn 2 points just as £2.00 will earn 2 points. Points are applied at the item level and not basket level so 3 items in one transaction where the items are worth £1.01 each will earn 6 points. Double point’s promotions will then double points per exiting rules so the prior example of 3 item basket will now earn 12 points.
Using your points
Each point is worth £0.01 and can be used against any purchase. The loyalty points earned are valid for a year from date of transaction. The points can be used in Participating Outlets only.
Prepaid APP – Purchasing electronic money
The APP is an electronic money product. You are only entitled to use and obtain the APP if you are a resident of the UK or ROI and if under the age of 16 have obtained parental consent.
You can use your APP at any Participating Outlet. It is not a credit card, charge card or debit card. Before you can use your APP as payment method you will need to credit it with funds. Your APP will be available to make a purchase with when you first credit it with a minimum of £5.
You do not have to store funds on your APP and the APP balance can be zero.
When you credit value to your APP you will be purchasing electronic money from Compass Contract Services (UK) Limited. This electronic money can only be used to purchase selected goods in Participating Outlets.
You can credit and top-up stored value on your APP via your APP. The minimum value you can credit you’re APP with each time is £5. The maximum credit value you can load onto your APP at any time is £100. You can if you wish top up in multiples of £100 if you wish to achieve a higher balance. However we would not recommend uploading any value which amounts to a stored value any greater than £1000.
You should treat your APP like cash in a wallet. If you lose your Mobile Phone or if it is stolen you may lose any value which is stored on it in the same way as if you lost your wallet.
You can use the APP to check the balance of the credit which can be used against purchases using your APP. We will keep a record of your transactions and refer to them should a query arise. If you are requesting a refund, you can upon request also be sent a record of your itemised transactions. You should keep your receipts and check your balance to ensure that it is correct.
Any money held by us as part of the APP account balance, is held in a dedicated Holding Account at an onshore UK bank in Pounds Sterling.
Your APP does not have an expiry date. However, if you do not use your APP for a period of one year or more, your APP will cease to be valid and any remaining credit value stored on it will expire. Checking the balance on your APP will not constitute use of the APP for these purposes. Expired value cannot be transferred to a new APP or redeemed. You will not be able to use your APP once it has ceased to be valid.
Cancellation and redemption
You have the right to delete your APP at any time but any credit on the APP will not be returned to you once deleted.
You are entitled to redeem unexpired and unused stored value on your APP provided: (i) the balance on your APP is at least £25; (ii) we have no reason to suspect that you are engaged in fraudulent or other criminal activities; and (iii) we are not prohibited from redeeming that stored value by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.
A £25 administration charge is applicable to the redemption process. The charge will be deducted from the APP balance or from the amount being redeemed. You cannot obtain a redemption of any value stored on your APP from Participating Outlets or other Compass Contract Services (Uk) Ltd outlets. To be credited back any amounts on your APP you should speak to the store manager within a Participating Outlet who will inform you of the steps you will need to take to redeem stored value. Alternatively you can submit your request for a refund in writing with your account details to Chartwells, Compass Contract Services (UK) Limited, Parklands Court, Birmingham, B45 9PZ and you will receive a cheque in the post. .
Any balance less than £25 will not be returned. The process to redeem the amount that we have on your account will begin upon our receipt of your letter and will take up to 60 days. We only refund cash and not points.
To enable us to comply with our legal obligations, we may need to carry out checks to verify your identity before processing a redemption request and we reserve the right to refuse to process any redemption request if you fail to assist with that verification process.
Loss, theft, damage
You should treat your APP like cash in a wallet. If you lose your Mobile Phone or if it is stolen you may lose any value which is stored on it in the same way as if you lost your wallet.
In the event of loss, theft, fraud or other unauthorised use of your APP, or if your APP is damaged or malfunctions, we may, at our sole discretion, replace your APP and transfer any credit value stored on it at the time of reporting to a replacement APP. Non-exhaustive circumstances in which we may determine, in our sole discretion, that we will not replace your APP include those where we reasonably believe that the notified incident has been caused by your willful breach of these Terms or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. Alternatively we may, at our sole discretion, procure a redemption payment in respect of any outstanding value stored on your APP.
Data protection and privacy
We are committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction.
To the maximum extent permitted by law, Compass Contract Services (UK) Ltd or companies in its Group accept no liability for any loss or damage whether direct or indirect which is suffered by you in connection with using the APP. For the avoidance of doubt this means that Compass Contract Services (UK) Limited will not be liable to you for:
any loss of income, business, goodwill or profits arising out of this agreement:
any unauthorised access to or alteration, theft or destruction of your APP;
the consequences of any delay or mistake relating to the use of your APP caused by any circumstances beyond our control;
any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time we entered into this agreement, such loss was contemplated by you and by us;
any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage; or
any loss or damage in relation to any transmission delays, failures of the APP, damage to any mobile phone, data message delays or any other technical difficulties beyond our control.
To the extent permitted by law, all conditions or warranties implied by law, statue or otherwise are expressly excluded. In particular Compass Contract Services (UK) Ltd does not represent or warrant that your APP will always be accessible or accepted at Participating Outlets.
We reserve the right to block any user of the APP at our discretion in the event an APP user does not comply with these Terms.
This agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact your local authority Trading Standards Department or Citizens Advice Bureau.
Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
Compass Contract Services (UK) Ltd does not offer any other compensation schemes to cover losses claimed in connection with your APP.
Variation and assignment
We reserve the right to amend or waive any provision of these Terms from time to time and at any time, or to terminate the APP on reasonable notice. The Terms applicable to the use of the APP shall at any time be the terms and conditions published on the APP and your continued use of the APP shall constitute your acceptance of such terms and conditions. We may also e-mail you to let you know about changes to these Terms. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us.
We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
Entire Agreement; Construction
This agreement (as amended from time to time) constitutes the entire agreement between you and Compass Contract Services (UK) Ltd and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.
These Terms and Conditions are governed by English law.
PLEASE PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS
Compass Group, UK & Ireland Limited. Compass Group UK & Ireland Limited (“We”) are committed to protecting and respecting your privacy.
This policy together with any other documents referred to on it and any other terms and conditions of use sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Compass Group UK & Ireland Limited of Parklands Court, 24 Parklands, Birmingham Great Park, Rubery, Birmingham B45 9PZ.
Information we may collect from you
We may collect and process the following data about you:
〈 information that you provide by filling in forms on our website or whilst using our APP (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site;
〈 if you contact us, we may keep a record of that correspondence;
〈 we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
〈 details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Cookies are small text files that are placed on to your computer’s hard drive by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
Most web browsers allow some user control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.
There are a number of ways to manage cookies. If you use different computers in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences.
Where we store your personal data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
〈 to ensure that content from our site is presented in the most effective manner for you and for your computer;
〈 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
〈 to carry out our obligations arising from any contracts entered into between you and us;
〈 to allow you to participate in interactive features of our service, when you choose to do so;
〈 to notify you about changes to our service.
Where you agree, we may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
〈 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
〈 if Compass Group UK & Ireland Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for the content or privacy policies of these websites. Please check the privacy policies of these websites before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.