Conditions of participation - SATA Loyalty Program coins & more - UK

Conditions of participation - SATA Loyalty Program coins & more - UK

General terms & conditions for participation - SATA Loyalty Program coins & more

General terms & conditions for participation in the SATA Loyalty Program for companies residing in the United Kingdom

Valid from September 1st, 2017

These General Terms & Conditions for Participation in the SATA Loyalty Program (the “Terms”) are issued by SATA GmbH & Co. KG, Domertalstrasse 20, 70806 Kornwestheim (“SATA”). These Terms (as updated from time to time by SATA) govern the operation of, and participation in, a SATA customer reward program as described below (the “SATA Loyalty Program”).  SATA manufactures and sells products for the application of fluids including paint and articles relating to the application of fluids. Certain products of the product range will be sold by SATA in packaging that contains QR codes (the “Bonus Products”). A purchaser of a Bonus Product who has registered to participate in the SATA Loyalty Program using a smartphone app issued by SATA (the “SATA Loyalty App”) on a mobile device can collect loyalty points (“Coins”) by scanning the QR codes using the SATA Loyalty App and can then exchange the Coins for gifts.

SATA does not charge for participation in the SATA Loyalty Program or for downloading the SATA Loyalty App. However, Participants in the SATA Loyalty Program may be charged for the delivery costs of gifts and mobile network providers may charge for transmitting data or the data may use up part of the Participant’s data allowance.

SATA may from time-to-time run other promotions that will be governed by separate terms and conditions issued in SATA Loyalty Program communication media (e.g. the SATA Loyalty App, gifts catalogue, newsletter and account statement, online communication, in-app communication).

1. Participation

1.1  Persons entitled to participate

SATA, SATA group companies (e.g. SATA UK Ltd. and SATA Canada, Inc.), SATA distribution partners, importers of SATA products, resellers, and the officers, employees, contract staff and other personnel of any of the foregoing and private consumers who purchase products for their own personal use (“Excluded Entities”) shall not participate in the SATA Loyalty Program.

Only the following entities are eligible to participate in the SATA Loyalty Program:-

  • Companies, sole traders, service providers and other businesses and organisations (“Businesses”) that are registered in and operate in the United Kingdom and that purchase SATA’s Bonus Products for their own consumption (i.e. not for resale) in the United Kingdom and who are not Excluded Entities (“Qualifying Businesses”); and
  • Individuals who are at least 18 years of age and resident in the United Kingdom and who work for a Qualifying Business that has not itself registered to participate in the SATA Loyalty Program and that has given them permission to participate in the SATA Loyalty Program and to collect Coins and who are not Excluded Entities (“Qualifying Individuals”).

For these companies in this country these General Terms & Conditions are valid.

In all cases, gifts will be sent to the business address as stated in the user profile.

If a Business does not wish to to participate in the SATA Loyalty Program, it can decline to register and carry out a general deregistration via SATA, whereby participants who have indicated in the Loyalty App that they have been authorised to do so by the company are also excluded from participation. Cancellation can be made via a corresponding page on SATA’s website - www.sata/loyalty/en/notattendance - as shown on the packaging of the bonus products.

No Business or individual shall have any legal right to participate in the SATA Loyalty Program. Participation is at SATA’s absolute discretion and SATA’s decision on who may participate is final.

1.2  Start of participation

Businesses and individuals who wish to participate in the SATA Loyalty Program must (i) download and install the SATA Loyalty App for which SATA does not charge (but mobile network providers may charge for download data) (ii) enter into the SATA Loyalty App their contact details and details of the applicable Business fully, accurately and truthfully.

Businesses and individuals who register to participate in the SATA Loyalty Program are referred to as “Participants”.

SATA will not be responsible for permitting individuals to register or removing Participants if the name of the Business given by them does not exactly match the name of the Business given by the Business.

Each Participant may only open and manage one account with the SATA Loyalty Program (an “Account”). It is prohibited to reregister a Participant who is already registered. SATA reserves the right to deactivate any or all Accounts registered for the same Participant.

By agreeing to the General Terms & Conditions as well as a corresponding confirmation required in the process of every QR code scan, the Participant – either as the acquirer or as an authorised employee of the acquirer – confirms that they are authorised to scan the QR codes of the products and to collect the corresponding coins. Violations shall result in the immediate loss of the corresponding coins and exclusion of the participant in question from the SATA Loyalty Program. SATA reserves the right, on a case-by-case basis, to request participants to provide proof of their authorisation to scan and collect bonus coins.

1.3  Participant Accounts

Registration with the SATA Loyalty App must be duly completed before a Participant can participate in the SATA Loyalty Program and before activation of the Coin scan function. Accounts with missing or incomplete data may not be used to collect Coins, and will be deleted by SATA three months after the date of the last entry or change in the registration information.

All information entered into the SATA Loyalty App by a Participant must be true and accurate. A Participant shall at the request of SATA promptly provide SATA with such verification of the information as SATA may request. If this information is not verified to SATA’s satisfaction within a reasonable period of such request, eligibility to participate may be revoked and the Participant’s account deleted. If an individual Participant states that he or she has the permission of a Business to participate in the SATA Loyalty Program and to collect Coins, SATA shall have the right and will be deemed to have been given permission to contact such Business to verify this information.

Participants must immediately notify SATA of any changes to the information provided within the SATA Loyalty App by updating the information in the SATA Loyalty App.

1.4  Password

Every Participant sets up a personal password for the SATA Loyalty App during registration. To prevent abuse, the Participant must make sure that no unauthorised third party obtains knowledge of the password. If there is any suspicion that the password is being misused, then it must be changed immediately and SATA must be notified by email at loyalty-password@sata.com. To the extent permitted by law, SATA shall not be liable for any losses incurred due to unauthorised or any third party access of an Account unless such access was due to a failure by SATA.

2. Coins

2.1  General

Calculations in the SATA Loyalty Program are based on Coins that are added to the Account of the Participant by scanning the QR code of the Bonus Products using the SATA Loyalty App. The Coins can only be used for the purposes applicable at the time of redemption that are expressly listed in these Terms, additional program documents or the SATA Loyalty Program communications media. SATA reserves the right to change the gifts available and/or the number of Coins required to obtain a gift without prior notice.

2.2  Transferability of Coins and trading with Coins

Coins may not be transferred to third parties or other Participants in the SATA Loyalty Program. The sale, exchange, auctioning or other distribution of Coins to third parties is prohibited. Brokering the purchase or sale of Coins and the purchase of Coins from Participants or third parties and the unauthorised use of Coins are also prohibited. The consolidation of Coins from different Accounts is prohibited. Any of these actions may lead to the applicable Coins being voided and related Accounts being de-activated.

2.3  Account balance

The current status of a Participant’s Account is shown in the SATA Loyalty App and can be viewed using the SATA Loyalty App provided the Participant has a suitable mobile data connection.

In addition, a Participant who actively uses the SATA Loyalty Program will receive regular information about their current Account status, provided that the Participant has expressly registered for the “SATA Loyalty Program Online Communication”.

2.4  Acquisition of Coins

2.4.1 General Rules on the Acquisition of Coins

Coins may be acquired from the time participation begins. Coins are only provided by SATA in the form of valid QR codes in certain product packaging of the Bonus Products and can be scanned after the package is opened using the QR code scanner that is integrated in the SATA Loyalty App for mobile devices. Only after the valid QR code is scanned will the Coins be added to the Participant’s Account. Coins can only be acquired once per Bonus Product. The input of the Participant is required in the process of each QR code scan in order to also be authorised to scan and collect Coins. In addition, the provisions of clause 1.2 of these General Terms & Conditions of participation shall apply. Coins may not be purchased or acquired in any other way.

Examples where QR codes may not be valid (i.e. will not cause Coins to be added to an Account when scanned by a Participant) include: QR Codes on products that were produced before the start of the SATA Loyalty Program; QR Codes on products which are being sold at special promotional prices (in which case such QR codes may be temporarily disabled); and QR codes on products sold after the end of the SATA Loyalty Program.

A participant can have a maximum number of coins, required for the most valuable bonus, but not more than 25,000 coins during any day. The acquisition of new coins exceeding this limit is not possible. Coins must be redeemed in accordance with clause 2.5 of these General Terms & Conditions before new coins can be acquired. Coins scanned, which could not be credited to the participant’s account due to the maximum number of coins collectable in the SATA Loyalty App are not void but can be scanned again and collected once the number of coins registered in the participant’s account drops below the coin limit.

A Participant who is a Business can report Coins that were scanned without authorisation from Bonus Products they have purchased to SATA by email at loyalty-owner@sata.com, up to three months after the Account of the unauthorised Participant was used to collect the applicable Coins by providing the SAL or carton number and through verification of the invoice by SATA, provided the coins have not been redeemed yet. SATA will then transfer the Coins to the actual authorised beneficiary and exclude the Participant who scanned the Coins without authorisation from the SATA Loyalty Program with immediate effect.

SATA reserves the right, in particular cases (e.g. special promos), to deactivate QR codes. No Coins will be added to an Account for Bonus Products without scanning the applicable QR code.

SATA reserves the right to set up or cancel so-called “booster factors” for the acquisition of Coins for certain limited periods of time. Booster factors multiply the usual value of the Coins during the specified period. The booster factors can be capped at a fixed number of scanned Coins. The number of Coins to be added to a Participant’s Account at any point is based on the applicable rules for the SATA Loyalty Program at the time they are claimed. The Bonus Products as well as the number of Coins awarded are published in the SATA Loyalty App. SATA reserves the right to change the rules of this SATA Loyalty Program at any time.

In the event of a cancellation (e.g. through cancellation of agreement, dispute, withdrawal, exchange etc.) of the purchase of the Bonus Product for which Coins have been scanned, as well as incorrect bookings and abuse, SATA reserves the right to cancel the corresponding Coins.

Any objection to the correctness of the Coins obtained from a particular Bonus Product must be made to SATA by email at loyalty-account@sata.com within one month after the disputed change. The corresponding sales receipt or invoice as well as a picture of the QR code must be attached to the objection. If an objection is not submitted within this time, the number of Coins obtained from that Bonus Product is deemed to be accepted.

2.4.2 Exclusion of the Coin Credit

Coins cannot be used for certain special tariffs, free positions, free-of-charge deliveries and other non-remunerable purchases. Coins that are illegally obtained or coins for Bonus Products that have been acquired from outside the geographic validity of this specific program shall be void.

2.5  Redemption of Coins

2.5.1 General Rules regarding the Redemption of Coins

Each Participant can redeem their Coins for gifts offered by SATA in the SATA Loyalty Program as soon as they have enough Coins for the desired gift. Gifts are subject to availability (see clause 2.7 below). News regarding the required Coins for individual gifts will be announced in the SATA Loyalty App.

Only in-kind gifts or corresponding vouchers will be granted. No settlement or cash payment will be made.

2.5.2    Provision of gifts

Gifts can be obtained on the SATA Loyalty App. The Participant can select a gift as soon as he or she has collected the number of Coins needed for the desired gift. The gift will be sent only to the business address indicated in the SATA Loyalty App. The sending of gifts to the private address of an authorised employee of a Business is not permitted. SATA is not liable for any losses arising from an omitted or incorrect address.

Any gifts that have already been obtained cannot be converted back into Coins or exchanged for different gifts.

If a gift is not of satisfactory quality when delivered to the business address, the Participant shall return the gift to the sender (at the Participant’s expense) and SATA may at its absolute discretion either replace the gift or credit the Participant’s Account with the number of Coins that the Participant exchanged for the gift. This shall be the Participant’s sole right and remedy in relation to any claim that a gift is not of satisfactory quality or fit for purpose. All performance, dimensions, weight, size as well as colour indications and descriptions of gifts are, unless otherwise indicated, to be understood only as guidelines. They serve only as descriptions and do not represent any guaranteed characteristics or features. There may also be customary deviations, and deviations that result from changes in legal requirements, but these should not adversely affect the usability of the gifts.

2.5.3    Availability and special conditions for gifts

As long as the SATA Loyalty Program is in effect, SATA shall deliver the selected gifts in return for the Coins redeemed according to the then-valid Terms.

The purchase price of the gifts is independent of the registration for the SATA Loyalty Program and the Coins associated with the Bonus Products. The price of the Bonus Product will not change due to the introduction of the SATA Loyalty Program but the prices of Bonus Products may change from time-to-time in the ordinary course of business e.g. if the package size changes.

The availability of gifts can vary depending on date, season and target destination. Individual gifts may not be available at specific times.

SATA reserves the right to deliver a comparable but not equivalent replacement gift.

2.5.4    Abuse

A Participant is deemed to be engaging in abuse within the meaning of these Terms if they fail to comply with the requirements set out in these Terms, or in any other way commits acts or omissions that can be used to obtain undue advantages from the SATA Loyalty Program. In particular, but without limitation, this includes the abuse or manipulation of the SATA Loyalty App and its functions.

2.5.5    Consequences of abuse

In cases of abuse by a Participant, SATA reserves the right in relation to that Participant to block or retract Coins and gifts or to refuse the provision of gifts or redemption of Coins.

The right of termination in accordance with clause 3, as well as the right to make additional claims against the Participant, including compensation for damages shall remain unaffected.

Where the Participant is found to have claimed a gift by using Coins collected as the result of abuse, SATA may, without limitation to its other rights, demand cash payment equal to the value of the gift.

In all cases, it is up to the Participant to demonstrate that no or a lesser damage has been created.

2.6  Expiration of Coins

Coins are used for gifts in the order in which they were collected.

IF COINS ARE NOT REDEEMED FOR GIFTS WITHIN 36 MONTHS FROM THE TIME THEY ARE ADDED TO AN ACCOUNT IN THE SATA LOYALTY APP, THEY EXPIRE AND WILL NO LONGER BE USEABLE.

IF A QR CODE ON A BONUS PRODUCT IS NOT SCANNED WITHIN 36 MONTHS AFTER THE DATE OF ISSUE OF THE BONUS PRODUCT BY SATA, THE COINS ASSOCIATED WITH THAT QR CODE WILL EXPIRE AND IT WILL NO LONGER BE POSSIBLE TO COLLECT COINS BY SCANNING THE QR CODE.

AN ACCOUNT WILL EXPIRE IF NO COINS ARE ADDED TO THAT ACCOUNT FOR A PERIOD OF SIX MONTHS AND ALL COINS THAT HAVE BEEN COLLECTED IN SUCH AN ACCOUNT WILL BE LOST.

WHEN SATA STOPS RUNNING THE SATA LOYALTY PROGRAM, ALL COINS WILL LOSE THEIR VALUE IN ACCORDANCE WITH THE PROVISIONS OF CLAUSE 3.5

SATA SHALL HAVE NO OBLIGATION TO INFORM A PARTICIPANT ABOUT THE EXPIRY OR LOSS OF COINS FROM THE PARTICIPANT’S ACCOUNT.

3 Termination, blocking, exclusion from participation in the program

3.1  Ordinary termination

Participants can terminate their participation in the SATA Loyalty Program at any time without notice by contacting SATA by email at loyalty-termination@sata.com and providing the required data (name, company, email address used for the registration) or by deregistering in the SATA Loyalty App under their user name with the valid password.

SATA can terminate any Participants participation in the SATA Loyalty Program at any time and with or without cause by giving the Participant 28 days’ notice of termination. The termination notice shall be given by email to the email address indicated by the Participant in the SATA Loyalty App.

3.2  Exclusion from participation

Businesses can generally exclude their participation in the SATA Loyalty Program according to clause 1.1 of these Terms. This will exclude from participation all Participants who have indicated in the SATA Loyalty App that they work for the respective Business.

Cancellation can be made via a corresponding page on SATA’s website - www.sata/loyalty/en/notattendance - as shown on the packaging of the bonus products. Stating the exact legal name of the Business and its full business address and SATA will: (i) deregister any individuals who have indicated in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program by a business whose name is identical to that provided by the Business; and (ii) not register any new individuals who indicate in the SATA Loyalty App that they have been authorised to participate in the SATA Loyalty Program by the Business. SATA will not be responsible for removing Participants if the name of the Business given by the individual does not exactly match the name of the Business given by the Business.

Upon written request, the new authorized registration for the company can then be set up by SATA on the basis of a verified invoice, not older than one month and further documentation to loyalty-revival@sata.com.

3.3  Immediate termination

SATA can issue an immediate termination to a Participant(s) for cause without notice at any time. “For cause” includes, without limitation: (i) a material breach of these Terms by the Participant; (ii) in case of abuse or attempted abuse; (iii) significant incorrect information, manipulation or the use of unauthorised aids and in the event of an abuse; and (iv) significant incorrect information, manipulation, harassing or harmful behaviour against SATA, their employees or agents.

3.4  Suspension or exclusion from participation in the program

In cases covered by clause 3.2, SATA is entitled to suspend an individual Participant's Account. SATA shall also have the right to suspend a Participant’s Account if SATA believes, in its sole opinion, that a scenario outlined in clause 3.3 may have occurred. To the maximum extent permitted by law, SATA shall not be liable for any losses that arise due to a suspension of a Participant’s Account.

Anyone whose Account is terminated by SATA may not participate in the SATA Loyalty Program again. These Terms shall continue to apply to the handling of the contractual relationship after an effective termination.

3.5  Validity of Coins after termination

3.5.1    In case of an ordinary termination

In case of effective termination by the Participant, all Coins in the Participants' Account expire within six months after receipt of the termination.

In case of effective termination by SATA, the Coins expire within six months after termination is notified to the Participant. Any Coins that are or cannot be used in this time will expire.

3.5.2    Immediate termination

In case of an immediate termination by the Participant or SATA, the Participant's Account shall be closed immediately with the loss of all Coins.

3.6  Program cancellation

SATA can unilaterally cancel the SATA Loyalty Program as a whole or the conditions of the SATA Loyalty Program with 4 weeks’ notice by sending an email to the Participants registered in the SATA Loyalty Program. No more Coins can be collected after expiration of the notice period. After an additional six months, all Coins that have not been redeemed for gifts will expire.

4. Miscellaneous

4.1  Liability

SATA excludes all liability arising out of or in connection with these Terms, the SATA Loyalty Program, and (subject to Section 2.5.2) any gifts provided under the SATA Loyalty Program, provided that nothing in these Terms shall exclude or limit either party’s liability in respect of any liability that cannot be excluded or limited pursuant to applicable law including the following liabilities, to the extent that they cannot be excluded or limited by law: (i) death or personal injury caused by SATA’s negligence; and (ii) fraud or fraudulent misrepresentation.

4.2  Data protection

Personal data collected by SATA in the scope of participation in the SATA Loyalty Program shall be used by SATA for the purpose of implementing the SATA Loyalty Program, and – to the extent that the Participant has given permission in advance –for marketing purposes, in particular sending promotional messages by email and telephone. Details on the handling of Participants’ personal data within the scope of the SATA Loyalty Program can be found at: www.sata.com/loyalty-dataprotection on SATA’s website.

4.3  Changes to the SATA Loyalty Program or these Terms

SATA reserves the right to make changes or additions to the SATA Loyalty Program, these Terms, gifts, the required number of Coins for each gift or other processes in the SATA Loyalty Program as described in the program documents, provided that such action does not discriminate against the Participant in bad faith.

SATA reserves the right, in its sole discretion, to adjust the available number of Coins for a Bonus Product and the Coins required for each gift.

Changes or additions to the gifts, the required number of Coins or other processes described in the program documents of the SATA Loyalty Program (with the exception of the number of Coins for a Bonus Product and the number of Coins required for each gift) are announced in the SATA Loyalty App or the SATA Loyalty Program communications media.

Changes or additions to these Terms are announced by notification in writing via email to the email address stored in the SATA Loyalty App. The changes or additions to these Terms are deemed accepted if a Participant does not send an objection to the email address loyalty-participation@sata.com within two months of the announcement or scans in additional Coins before the expiration of this deadline. If a Participant objects to the change or addition, their participation can be terminated by means of an ordinary termination according to clause 3.1.

4.4  Tax implications

It is the responsibility of every Participant to deal with any tax implications of receiving the gifts.

4.5  Final provisions

If individual provisions of these Terms become entirely or partly legally invalid or impracticable, or later lose their legal validity or practicability, the validity of the remaining provisions shall be unaffected thereby.

These Terms, and all non-contractual rights of action arising out of or in connection with these Terms and/or the SATA Loyalty Program, shall be governed by German law. The courts of Stuttgart shall have exclusive jurisdiction to hear any disputes arising out of or in connection with these Terms the SATA Loyalty Program (including but not limited to any non-contractual rights of action).