(A) Service description and specific obligations
1.1 We will provide you with the Select Codes set out in the Order and the services as further described in this clause 1 (Services) enabling a Nominated Recipient to redeem a Select Code for eGifts or gift cards or digital codes through the Website.
1.2 Select Codes may only be redeemed in return for Products for use in the United Kingdom unless otherwise agreed and detailed in the Contract form. The agreed specification for the Select Codes for each Client campaign will be set out in the contract form. We will ensure that the Select Codes can be exchanged for Products using the Service(s).
1.3 We will ensure that the Products can be redeemed in return for goods or services at the retailer selected by the Nominated Recipient (subject always to the then applicable Redemption Terms). You acknowledge that we cannot be held liable in the event that a retailer is subject to insolvency.
1.4 The Select Codes are subject to Redemption Terms which can be accessed for reference at https://www.select-your-reward.co.uk/pages/termsandconditions. The Redemption Terms apply between the Nominated Recipient and us and do not form part of this Contract.
1.5 The images of the Select Codes and any descriptions on our website are for illustrative purposes only. We reserve the right to amend the specification of the Select Codes and Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Select Codes or Services.
1.6 The Select Codes are provided with a specified validity period. After this period of time has elapsed the Select Codes become void and cannot be redeemed. No refund will be available to either the Client or the Nominated Recipient of funds which have not been redeemed by the expiry of the specified validity period.
1.7 Risk in the Select Codes(s) shall pass to you upon delivery and title in the Select Codes(s) shall pass to you upon receipt of payment in full by us. However, once you have issued a Select Code to a Nominated Recipient the right to redeem the Select Code for a Product and subsequent right to redeem the Product on the Redemption Terms vests in that individual for the duration of the validity period specified on such Select Code or Product.
1.8 To the extent that the Nominated Recipient is entitled to a refund under Applicable Law in connection with the provision of any Products provided to them when they redeem their Select Codes, you will be liable for the costs associated with such refunds to the Nominated Recipients.
1.9 For the avoidance of doubt clause 7.4 of this Contract shall not preclude you from issuing the Select Codes to your employees and/or clients on the terms set out in this Contract.
(B) Dispatch and delivery
1.10 We will endeavour to dispatch the physical Select Codes within three (3) business days and digital or print-ready Select Codes within one (1) business day from either receipt of payment for such Select Codes or where we have agreed in the contract form to provide you with credit terms, from acceptance of your Order for such Select Codes.
1.11 Delivery of 1) physical Select Codes will be via first class post or DX delivery services at our sole discretion; 2) digital Select Codes will be either a) via download from the Self-Ordering Portal for bulk orders or b) via HTML email for deliveries direct to the Nominated Recipient and; 3) print-ready Select Codes will be via download from the Self-Ordering Portal. Delivery of the Select Codes will be complete once they have been delivered to the address or email address provided by you or have been made available to download.
1.12 You must notify us as soon as reasonably practicable but in any event within two (2) business days of delivery of any discrepancy between the quantity of Select Codes ordered and those delivered or upon becoming aware if any valid Select Codes cannot be redeemed. Before contacting us in the case of non-delivery of digital Select Codes please check your computer settings and confirm that delivery has not been intercepted by SPAM filters.
1.13 (a) We will investigate all claims regarding (i) non-receipt of ordered Select Codes , (ii) receipt of incorrect, faulty or damaged Select Codes.
(b) In the event that the investigation reveals that Select Codes have not been delivered to the address or email address that you have specified in the Order or been made available for download (in the case of print-ready orders) or the Select Codes have been delivered but are incorrect, faulty or damaged we will, at our cost, resend replacement Select Codes of the correct value, where appropriate, as soon as possible.
(c) In the event that the investigation reveals that the Select Codes were not delivered or made available for download because of incorrect information in the Order you will be charged for the associated costs of the replacement Select Code.
(C) Payment terms
1.14 Unless agreed otherwise in the contract form: (a) we will invoice you (i) upon receipt of your signed contract form for any setup charges (ii) upon receipt of your Order for the Select Codes detailed in that Order; and (b) you agree to pay all invoices within thirty (30) days of the date of the relevant invoice.
1.15 You are solely responsible for the content of all communications sent using the Services. You will not use the Services in any way which is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect or to communicate any message or material that is (i) libellous, harmful to minors or obscene; (ii) infringes the intellectual property rights of any third party or is otherwise unlawful; or (iii) which would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offence under any laws. We will be entitled to disable access to the Services and deactivate any Select Codes that have been issued in the event of a breach by you of the requirements of this clause 1.15.
(E) Service ordering
1.16 We will issue a contract form for the Services based on the information that you provided. You can request the Services from us by signing the contract form and returning it to us. Your signed contract form is an offer by you to buy the Services subject to these terms. Our acceptance of your offer will take place when we email you to confirm that we accept to provide you with the Services, at which point the Contract will come into existence between us. If we are unable to accept to provide you with the Services for any reason we will inform you of this in writing.
1.17 You can place orders for Select Codes via: (1) the Self Ordering Portal which can be found at orders.hawkselect.co.uk; (2) the email@example.com mailbox; (3) Secure File Transfer Protocol; or (4) API (each an “Order”).
1.18 Each Order will be subject to the provisions of the contract form and the terms and conditions set out herein. In addition, you should ensure that you specify in the relevant contract form the process Hawk Incentives should follow when issuing the Select Codes.
1.19 As of the Effective Date, we use the following sub-contractors in the provision of the Services and Deliverables supplied under this Contract:
Orion Security Print, (a division of Integrity Print Ltd), with a place of business at 4 Merlin Way, Quarry Hill Industrial Park, Ilkeston, Derby, DE7 4RA.
GVS Gift Voucher Shop DAC, a company formed under the laws of Republic of Ireland, registered in Ireland No. 348932 whose registered address is c/o First Temple Trust Company Limited, Fitzwilliam Hall, Fitzwilliam Place, Dublin.
GVS Gift Voucher Shop Ltd., a company formed under the laws of England and Wales with company number 04286835 whose registered address is Westside, London Road, Hemel Hempstead, Hertfordshire, HP3 9TD.