Terms & Conditions
This agreement sets out the terms and conditions for joining the Rewards For All partnership network and the obligations undertaken.
TLC UK Marketing (“TLC”) is a marketing agency to promote sales and is registered at 54 Baker Street, London, W1U 7BU.
TLC created the Rewards For All partners network to allow its partners to increase their visibility among all stakeholders in all sections on the Rewards For All website: www.rewardsforall.com; and in order to generate traffic, attract new potential customers and boost sales.
In exchange for the advantages gained by the partner, the partner accepts that as part of its Rewards For All offer (“Incoming offer”) it must unconditionally give up to a maximum of 4 gifts per reservation group (See definition of “Offer Pack”).
This agreement is the sole contractual document that governs relations between TLC and the partner and prevails over any negotiations, commitments and written documents prior to the entry into force of this agreement. Unless agreed in writing previously by the other party, each party is prohibited from any partial or full assignment of its rights and obligations under this agreement to a third party. No party may be held liable for a delay or for an inability to perform any of its obligations under this agreement where the delay or inability to perform arises due to an event of force majeure, that is that it is unforeseeable, unstoppable and outside the parties’ intentions.
The partner agrees to hold or take out and maintain throughout the agreement term a professional civil liability insurance policy that relates to its activities and to stay up to date in the payment of the premiums. The policy must cover all losses, accidents and damages that may arise due to the performance of this agreement and its applications, and must cover damages that may arise for beneficiaries of its Rewards For All offers. The partner shall inform TLC in the “Comments” section above of all prohibitions relating to the activities proposed in the Rewards For All offer. Further, the partner shall inform TLC of the centre’s safety rules and guarantee that the person who performs the activities covered by the Rewards For All offer has the necessary technical and educational qualities and qualifications (professional certificates and licences) to properly carry out the Rewards For All offer. The products and equipment used for the offer must comply with applicable regulations and standards, in particular health and safety regulations.
1 As part of the marketing and advertising operation (“Operation”) carried out for its clients, TLC organises the distribution of Rewards For All gifts (“Rewards For All gifts”) that entitle the beneficiary to an offer under the Rewards For All programme, an offer from the partner that is described in the “Activity” field above. Each gift includes a unique code so that the beneficiary (“Beneficiary”) can access the Rewards For All website in order to view the list of partners and the offer.
2 The partner shall provide a welcome and a top-quality service in the locations where the public can legally be received and that complies with applicable health and safety standards, regulations and laws, as well as labour laws and regulations, and grant the same level of service to Rewards For All beneficiaries as for other customers.
3 The offer beneficiary must reserve the offer granted through the Rewards For All gift, as part of these operations, in advance by telephone or email if this condition is set out in this agreement.
4 The partner accepts Rewards For All gifts presented by beneficiaries and reserves the right to refuse illegible, scanned or photocopied gifts. It is noted that the customer may receive their Rewards For All gift by email, which the customer may print or display on their smartphone. Rewards For All gifts cannot be exchanged or refunded and cannot be used in combination with another valid promotion. The Rewards For All gift is only valid once.
5 This partnership is entirely free and does not require any financial compensation. The partner will not be required to pay any fees for participating and no compensation will be paid to the partner.
6 The partner can benefit from special access to the Rewards For All website to view the website with full details of its offer and to change any information about the partner by contacting their main contact point at TLC.
7 The partner must inform TLC of all restrictions required for the beneficiary to correctly carry out the “Activity” (age requirement, weight, size, adaptations for disabilities, etc.) in the “Comments” field above. Throughout the term of the Rewards For All offer, the partner shall inform TLC immediately of any changes of opening hours and availability in the “Opening hours” field above.
8 Where possible, the partner shall seek to address any problem or claim from beneficiaries regarding the performance of this agreement within 2 (two) working days from when the partner is notified by telephone or in writing of the claim issued by the beneficiary. TLC cannot be held responsible for the attitude of offer beneficiaries and/or accompanying persons, or damage or wear and tear caused by one or several of them. However, the partner may be sent the contact details of the Customer Care department to which the partner may direct customers who wish additional information.
9 As a member of Rewards For All, the partner accepts that its Rewards For All offers will be listed on the www.rewardsforall.com website through the agreement term and acknowledges that TLC will still own the www.rewardsforall.com website as a whole. More generally, TLC and the partner will retain ownership of their respective intellectual property rights and this agreement is in no way an assignment, transfer or granting of intellectual property rights from one party to the other, other than the right of use granted to TLC and stated in this agreement.
10 Accordingly, the partner shall send TLC all graphic content, logos, names, brands and all information relating to its “Rewards For All” offer and authorises TLC to use them on all media (pass, gifts, dedicated websites, etc.) solely for the purposes of performing this agreement. TLC shall only acquire a right of use for the term of this agreement and TLC shall return these elements to the partner upon expiry of this agreement. TLC is authorised to include the partner’s presence (name, brand and logo) on all types of Rewards For All presentation media intended for its clients, and more generally to refer to the partner (name, brand and logo) on all external presentation and marketing documents (brochures, website, commercial presentations, etc.). TLC alone chooses its partners and reserves the right not to include a partner’s offer in one of its operations.
11 The partner shall maintain the confidentiality of the information provided by or disclosed by TLC or to which the partner may have access in their relations and to take all measures required with its staff to maintain the confidentiality of information in accordance with this agreement and to ensure that its staff comply with these obligations. The partner shall keep this agreement confidential and not disclose it outside of its employees and affiliates, in particular for the information relating to all aspects of Rewards For All and more broadly the TLC operations, including volumes, prices, rewards and technical or commercial know-how. The partner shall not disclose any information to a client or competitor of TLC. The partner can only disclose the above information in this paragraph after receiving written consent from TLC. The obligations placed on the partner in this paragraph apply both throughout the term of this agreement and for 12 (twelve) months after expiry.
12 This agreement is effective from the date of signature and is renewed automatically annually. The partner may lawfully terminate this agreement at any time and without needing to justify its decision, provided that two months’ notice is given. To terminate the agreement, the partner must send a signed and stamped registered letter with acknowledgement of receipt to TLC UK Marketing, 54 Baker Street, London, W1U 7BU.
13 If this agreement is terminated for any reason, in accordance with this agreement the partner agrees to honour all TLC reservations in progress, that is those that the Rewards For All offer beneficiaries make before the end of this agreement. Failing that, the partner may be held responsible and liable for the associated costs and fees, damages and direct and indirect losses (in particular but not limited to loss of profit, loss of sales, non-realisation of booked savings or other benefits, loss or destruction of data or loss of goodwill) suffered by or incurred by TLC due to non-compliance of the operation involved or any breach of this agreement.
14 Throughout the agreement term and for 3 (three) months from termination (for any reason), the Partner shall not solicit, approach, contact, enter agreements or respond positively directly or indirectly to the beneficiary, a client or competitor of TLC in relation to an agreement that has the same purpose as this agreement; not to turn to its own advantage or in favour of other persons any business or commercial opportunity that has been brought by TLC; not to interfere or try to interfere with any agreement entered into between TLC and third parties, including its clients, potential clients, suppliers and potential suppliers of TLC. In the event that the partner breaches any of these obligations under this agreement, notwithstanding any compensation that TLC could claim from the partner, TLC may lawfully terminate this agreement by sending a registered letter with acknowledgement of receipt to the partner, without notice and without paying any compensation. This termination may only occur 20 (twenty) days after TLC sends the partner a reminder to perform the obligations breached, which shall be sent by registered letter with acknowledgement of receipt.
15 This agreement and all commercial relations between TLC and the partner and all disputes of any kind that arise shall be solely and exclusively subject to French law. Any dispute between TLC and the partner regarding the existence, validity, performance, non-performance, interpretation or assignment of this agreement, or more generally any dispute arising from the performance of commercial relations between TLC and the Partner, shall be subject to the exclusive jurisdiction of the English Court. This clause applies equally to interim relief, additional claims, multiple defendants or proceedings against a guarantor.
16 The partner declares that it complies with all applicable personal data standards, laws and regulations, including Directives 95/46/EC, 2009/136/EC and 2002/58/EC of the European Parliament and of the Council, as amended, and European Regulation 2016/679 of 27 April 2016 known as the “General regulation on data protection” and related applicable laws, in particular Law No. 78-17 of 6 January 1978 on data processing, files and freedom of information, as amended by subsequent laws. The partner shall comply with and apply annex 1 of this agreement in relation to its offer for this transaction.
DEFINITIONS: The following terms have the following meanings in this annex:
“Applicable Data Protection Law” refers to legislation, regulations (including GDPR) and other regulatory requirements, directives or statutory codes of good practice relating to data protection and confidentiality issued by the competent authorities to which TLC and its Partner are subject; “Claim” refers to any lawsuit, claim, request or demand; “Data Controller” refers to the individual or company, public authority, department or other organisation that either individually or jointly determines the purposes and means of processing personal data for the Services; “GDPR” refers to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; “Losses” refers to Claims, losses, compensation, costs, charges, fines, fees, taxes, damages, expenses or other liabilities of any other kind (whether foreseeable, conditional or not) and including direct, indirect and consecutive losses; “Framework Agreement” refers to this partnership agreement between TLC and its partner, under which this “Personal Data” annex refers to all information relating to an identified or identifiable individual (“data subject”) as defined in the Applicable Data Protection Law, including for categories of data listed in the Annex on processing of personal data that the data processor may occasionally access for the provision of Services; “Privacy Shield Data Protection Framework” refers to the data protection framework set out by the United States Department of Commerce, the European Commission and the Swiss Government and which is managed by the United States Department of Commerce International Trade Commission, and which was given an adequacy decision by the European Commission ((EU) 2016/1250) and any other subsequent regime subject to an equivalent adequacy decision; “Process”, “Processing” or “Processed” refers to any transaction or group of transactions whether or not carried out using automated processes and which applies to data, such as that which is collected, recorded, organised, stored, adapted or amended, extracted, viewed, used, communicated, made available, reconciled or interlinked, deleted or destroyed; “Data Processor” refers to the individual or entity, public authority, department or other body that processes personal data on behalf of the Data Controller; “Services” refers to the Services that must be provided under the main agreement;
- DATA PROTECTION
- The Partner accepts that personal data will be processed in order to provide the Services. The Partner determines the purposes and means of processing the personal data for the Services. TLC and the Partner agree that the Partner is the sole Data Controller required in relation to the Services and the offer that it proposes to carry out through this transaction. The Partner promises to comply with Applicable Data Protection Law with regard to the personal data processed for the Services for which it is liable and will be liable.
- TLC will not determine the purposes and means of processing the personal data and will not process the data for the purpose of the Services. Accordingly, TLC and the Partner agree that TLC is neither a Data Controller nor a Data Processor for the purpose of the Services.
- If personal data from the European Economic Area is processed for the purposes of the Services in the United States of America, the Partner and/or data processor (where applicable) must comply with and respect the terms of the Privacy Shield Data Protection Framework.
- If personal data from the European Economic Area is processed for the purposes of the Services outside the United States of America, the European Economic Area or in a territory that has not been named by the European Commission as guaranteeing a sufficient level of protection under Applicable Data Protection Law, the Partner must ensure that all processing complies with said law.
- The Partner must hold TLC harmless (and each of its executives, employees and agents) against all losses arising from or in connection with any breach by the Partner (and of any data processor) of the provisions of Applicable Data Protection Law.