Gift cards to be redeemed at participating merchants from 4th January 2022

Merchant Terms and Conditions

About us

We are IOM Gift Card Limited (“IOMGCL”) a company registered in the Isle of Man with company number019226V.  Our registered office is at 2nd Floor, St Mary’s Court, 20 Hill Street, Douglas IM1 1EU

How to contact us

You can contact us by sending an email to: [[email protected]]

Introduction

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY AS THEY GOVERN YOUR USE OF (WHICH INCLUDES ACCESS TO) LOVEIOM PERSONALISED SERVICES NECESSARY FOR OPERATING THE ELECTRONIC GIFT CARD SCHEME, INCLUDING THE LOVEIOM THROUGH OUR WEBSITES AND SOFTWARE APPLICATIONS THAT INCORPORATE OR LINK TO THESE TERMS (COLLECTIVELY, THE " LOVEIOM GIFT CARD SCHEME") AND ANY TRANSACTIONS, OR OTHER MATERIAL THAT IS MADE AVAILABLE THROUGH THE LOVEIOM SERVICE.

Use of the LoveIOM Gift Card Scheme service may be subject to additional terms and conditions as notified to the Merchant byus, from time to time and which are incorporated in these Terms.

For the purposes of these Terms you are a “Merchant” if you are participating in the LOVEIOM Gift Card Scheme  and by participating in, or otherwise using, the LOVEIOM services, you agree to these Terms.

Background

The “LoveIOM Gift Card Scheme  is an electronic gift card scheme (”) operated through our website and other hosted technology, primarily located at (www.loveiom.com) (the “Site”).

The LoveIOM Gift Card Scheme encourages holders of the LoveIOM Gift Cards to deal with Participating Merchants (as defined below) and enables the conduct of various promotions, including those utilised by the Isle of Man Government as a tool for economic stimulus.  

1 Definitions and Interpretation

1.1 Definitions

In these Terms unless the context otherwise requires:

Authorised Persons

means a party’s officers, directors, members, partners, and any of their employees, consultants, agents, representatives or professional advisers;

App

means the third party application notified to the Merchant for the purpose of obtaining data in relation to and carrying out transactions in respect of LoveIOM Gift Cards;

Approval

means an approval issued by IOMGCL confirming a merchant’s eligibility to participate in the LoveIOM Gift Card Scheme;

Change

means a change to any of the information or details provided by the Merchant to IOMGCL;

Event of Default

means any of the events referred to in clause 3.1;

IP Rights

  1. copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, domain names, business names, rights in computer software, and all similar rights of whatever nature wherever in the world arising and, in each case whether registered or not;

LoveIOM Gift Card

means a physical or electronic gift card issued by [IOMGCL] as part of the LoveIOM Gift Card Scheme; 

LoveIOM Consumer

means any consumer (i.e. non-merchant) participant in the LoveIOM Scheme, including the purchaser or holder of a LoveIOM Gift Card;

LoveIOM Content

means any content owned by or licensed to [IOMGCL] including where such content is provided to the Merchant for use in connection with the LoveIOM Scheme, including IP Rights; 

LoveIOM Merchant T&Cs

means the merchant terms and conditions in relation to the LoveIOM Gift Card Scheme issued by [IOMGCL] to Participating Merchants and set in the Schedule , as the same may be amended, updated or superseded from time to time;

LoveIOM Scheme

means LoveIOM Gift Card Scheme as defined in background paragraph A above;

Merchant Content

means any content owned by or licensed to the Merchant including where such content is provided to IOMGCL for use in connection with the LoveIOM Scheme, including IP Rights;

Merchant Portal

means the restricted-access merchant portal hosted at the Site through which the Merchant may access information in relation to the LoveIOM Scheme;  

Participating Merchant

means a merchant which is the subject of a current and subsisting Approval;  

Prohibited Industry

means any industry contained in, or belonging to a class of industries contained in, the list of prohibited industries by [IOMGCL] from time to time and published on the Site and/or the Merchant Portal;

Prohibited Item



Permitted Uses

means any item contained in, or belonging to a class of items contained in, the list of prohibited items issued by [IOMGCL] from time to time and published on the Site and/or the Merchant Portal;

means a very limited list of goods and services as outlined in the Acceptable Use Policy; https://loveiom.com/legal/acceptable-use-policy

Satisfied the Information Requirements

means having accepted these Terms andprovided, in a form satisfactory to [IOMGCL], all  information and documents reasonably requested by IOMGCL to issue an Approval (includes Information Requests);

Site

has the meaning given to that term in background paragraph A above;

Term

  1. means the duration of the LoveIOM Scheme until determined in accordance with these Terms; 

Threshold Value

  1. means £25; and

Working Day 

  1. means any day on which the clearing banks in Douglas, Isle of Man are open during banking hours and Working Days shall have the same corresponding meaning.

1.2 Interpretation

In these Terms unless the context otherwise requires:

1.2.1 references to “we”, “us”, or “our” is to IOM Gift Card Limited

1.2.2 clause headings are inserted for convenience only and shall not affect the construction of these Terms and all references to clauses, paragraphs or Schedules are (unless otherwise expressly stated) to clauses, paragraphs of and Schedules to these Terms;

1.2.3 the Schedules to these Terms are intended to be an integral part of these Terms;

1.2.4 an obligation to do any act includes an obligation to procure that it is done;

1.2.5 an obligation not to do something includes an obligation not to cause or allow that thing to be done;

1.2.6 the words ‘include’, ‘includes’ and ‘including’ are deemed to be followed by the words ‘without limitation’;

1.2.7 a reference to legislation (including subordinate legislation) is to that legislation as extended, amended, modified, consolidated, or re-enacted from time to time and includes any instrument, order, regulation, permission, content, licence, notice, direction, byelaw, statutory guidance or code of practice made or granted under such legislation (including rules, regulations and bye-laws of any Competent Authority) and includes regulations having effect within the Isle of Man;

1.2.8 references to the Merchant and the Merchant’s obligations bind any person under the Merchant’s control, including its employees, agents and sub-contractors;

1.2.9 any consent or approval required under these Terms is to be effective only if the consent or approval is given in writing; and

1.2.10 words in the singular include the plural and in the plural include the singular.

2 LoveIOM Scheme

2.1 Subject to our determining in our absolute discretion that the Merchant Satisfies the Information Requirements, the Merchant shall be permitted to participate in the LoveIOM Scheme during the Term.

2.2 Upon our determining in our absolute discretion that the Merchant Satisfies the Information Requirements, LoveIOM shall issue an Approval to the Merchant.

2.3 In the event of a Change, the Merchant must immediately inform us. The Merchant’s access to the Merchant Portal and the LoveIOM Scheme may be restricted, and the payment of sums to the Merchant under these Terms may be delayed or suspended pending our  verification of such a change.

2.4 We may revoke an Approval without explanation if we believe, in our absolute discretion, that the Merchant has committed an Event of Default.

2.5 The Merchant agrees to be bound by and comply with these Terms including the LoveIOM Merchant T&Cs.

3 Events of Default

3.1 The occurrence of any of the following shall constitute an Event of Default:

3.1.1 the Merchant commits a material breach of these Terms or the LoveIOM Merchant T&Cs;

3.1.2 the Merchant fails to inform us of a Change;

3.1.3 following a change, we consider, in our absolute discretion, that the Merchant no longer satisfies the Information Requirements;

3.1.4 an Approval issued to the Merchant is revoked by us;

3.1.5 the Merchant ceases to carry on business in the Isle of Man or otherwise becomes ineligible to participate in the LoveIOM Scheme; or

3.1.6 any action, legal proceedings, petition, application for or other procedure or step is taken, or notice given, in relation to the Merchant regarding:

(a) a composition, compromise assignment or arrangement with any of its creditors;

(b) the appointment of a liquidator, receiver or other similar officer over it or any of its assets; or

(c) the enforcement of any encumbrance over any of its assets.

4 Payment terms

4.1 We will, once in every two weeks, reconcile the value of all redemptions of LoveIOM Cards made by the Merchant in the period since the last such reconciliation (the “Redemption Sum”). Upon satisfactory completion of a reconciliation, we will process a payment to the Merchant’s nominated bank account in the amount of the Redemption Sum, provided that no such payment shall be processed where the Redemption Sum is not greater than the Threshold Value, in which case the Redemption Sum will be retained by us until the aggregate value of Redemption Sums due to the Merchant exceeds the Threshold Value.

4.2 We will use our reasonable endeavours to ensure that the payment in respect of the Redemption Sum reaches the Merchant’s nominated bank account within 7 Working Days of the completion of the reconciliation.

4.3 Notwithstanding clause 4.2, we shall not be liable for any delay in transferring the Redemption Sum to the Merchant’s nominated bank account or any loss occasioned thereby.

5 Tax

The Merchant is responsible for determining what, if any, taxes apply to the redemption of LoveIOM Gift Cards and for collecting, reporting and remitting the correct tax to the appropriate tax authority, if any. We are not responsible for determining whether taxes apply or for collecting, reporting or remitting any taxes arising from any transaction relating to a LoveIOM Card.

6 Licence to use LoveIOM Content

We may provide LoveIOM Content to the Merchant for use in connection with the LoveIOM Scheme. We hereby grant to the Merchant a non-exclusive, worldwide, royalty free licence to use such LoveIOM Content in connection with the LoveIOM Scheme (including but not limited to advertising and/or marketing and/or merchandising and/or promotional material).

7 Licence to use Merchant Content

The Merchant may provide Merchant Content to us for use in connection with the LoveIOM Scheme. The Merchant hereby grants to us a non-exclusive, worldwide, royalty free licence to use such Merchant Content in connection with the Love IOM Scheme (including but not limited to advertising and/or marketing and/or merchandising and/or promotional material).

8 Limitation of liability

8.1 The extent of the parties’ liability under or in connection with these Terms, the LoveIOM Gift Card Scheme or the LoveIOM Content (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 8.

8.2 Subject to clauses 8.5 and 8.7, our total liability shall not exceed the sum of £250.

8.3 Subject to clauses 8.5 and 8.7, neither party shall be liable for any consequential, indirect or special loss.

8.4 Subject to clauses 8.5 and 8.7, neither party shall be liable for any of the following (whether direct or indirect):

8.4.1 loss of profit;

8.4.2 loss of revenue

8.4.3 loss of data;

8.4.4 loss of use;

8.4.5 loss of production;

8.4.6 loss of contract;

8.4.7 loss of opportunity;

8.4.8 loss of savings, discount or rebate (whether actual or anticipated);

8.4.9 harm to reputation or loss of goodwill; and

8.4.10 loss of business.

8.5 The limitations of liability set out in clauses 8.2 to 8.4 shall not apply in respect of any indemnities given by either party in these Terms and any amounts recovered as indemnities will be excluded in calculating total liability under clause 8.2.

8.6 Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:

8.6.1 death or personal injury caused by negligence;

8.6.2 fraud or fraudulent misrepresentation; and

8.6.3 any other losses which cannot be excluded or limited by applicable law.

9 Indemnity

9.1 The Merchant will indemnify, keep indemnified and hold harmless us and our Authorised Persons from and against all losses suffered or incurred by them arising out of or in connection with:

9.1.1 any act or omission by the Merchant or any of its Authorised Persons in breach of these Terms including the LoveIOM Merchant T&Cs;

9.1.2 any third party claim relating to the LoveIOM Service to the extent that any such claim relates to any act, neglect or default of the Merchant or any of its Authorised Persons; or

9.1.3 any third party claim where the use or possession of the Merchant Content (or any part thereof) infringes or allegedly infringes the IP Rights of any third party.

9.2 Nothing in these Terms limits or excludes the Merchant’s liability under the indemnities given by it in clauses 9.1.1 and 9.1.3.

10 Force majeure

In addition to, and without prejudice to, clause 8, we shall not be liable for any loss, delay in performance or non-performance resulting from conditions beyond our control, including government action, acts of terrorism, acts of war, acts of third parties, strikes, riots or other civil commotions or disturbances, accidents, fires, floods, earthquakes or other natural disasters, loss of power, communications or other system failures, pandemics or outbreaks of disease.

11 Confidentiality

Except to the extent required by law or where such matters are already within the public domain or where strictly necessary for the proper performance of the LoveIOM Scheme, the Merchant shall keep confidential and not disclose to any person or make use of any information of a confidential or commercially sensitive nature relating to us, the LoveIOM Scheme, any LoveIOM Consumer, any other Participating Merchant orthese Terms.

12 Term and termination

12.1 These Terms shall be effective on the date upon which we provide Approval to the Merchant and shall continue          until the LoveIOM Gift Card Scheme is terminated or the Merchant withdraws from LoveIOM Scheme, or the Merchants Approval is withdrawn.

12.2 These Terms shall terminate immediately upon the expiry of 10 Working Days’ written notice given by either party to the other.

12.3 These Terms shall terminate immediately upon the Approval issued to the Merchant being revoked.

13 Consequences of termination

13.1 Immediately upon withdrawal of the Merchants Approval:

13.1.1 all rights granted to the Merchant under these Terms, including access to the Merchant Portal and the right to receive payment under these Terms, shall immediately cease (unless otherwise determined by us in our absolute discretion);

13.1.2 the licences referred to at clause 6 and 7 shall automatically terminate;

13.1.3 each party must return to the other all property of the other party (including LoveIOM Content or Merchant Content) in its possession or control; and

13.1.4 the Merchant must ensure that all LoveIOM Content is removed from all physical locations from which the Merchant’s business operates and all social media accounts and websites controlled by the Merchant.

14 Data protection

14.1 Both parties are bound by the privacy policy which should be read at: https://loveiom.com/privacy-policy

15 Notices

15.1 Any notice or communication given or made in accordance with these Terms (a “Notice”) shall be in writing and shall (except as otherwise agreed) be deemed to be properly given if delivered in accordance with clause 16.2 to the addresses of the parties or such other address as either party may from time to time notify to the other in writing.

15.2 A Notice may be delivered by hand or by email or sent by pre-paid mail. A Notice delivered by hand shall be deemed to have been received when delivered. A notice sent by email shall be received on delivery of a delivery receipt email from the correct address. A Notice sent by mail shall be deemed to have been received 2 Working Days after posting provided that it is not returned through the post office undelivered.

16 Contracts (Rights of Third Parties) Act 2001

Nothing in these Terms confers or purports to confer on any third party any benefit or right to enforce these Terms which would not have existed but for the Contracts (Rights of Third Parties) Act 2001.

17 Variations

17.1 We may vary or replace the LoveIOM Merchant T&Cs at any time. Such varied or replacement LoveIOM Merchant T&Cs shall be binding upon the Merchant upon being published on the Merchant Portal. Notice of changes to the LoveIOM Merchant T&Cs will be provided by email, but failure to give or receive such notice shall not cause the updated LoveIOM Merchant T&Cs to not be binding upon the Merchant.

17.2 Subject to clause 18.1, any variation or amendment to these Terms shall be effective once notification has been made via email or by a clearly visible notice on the website.

18 Severability

If any term or condition of these Terms is for any reason held to be illegal, invalid, ineffective, inoperable or otherwise unenforceable:

18.1 it shall be severed and deemed to be deleted from these Terms and the validity and enforceability of the remainder of the Terms shall not be affected or impaired;

18.2 however, would it not be so if some part of it were deleted, the term or condition shall apply with such modifications as may be necessary to make it enforceable.

19 Governing law

These Terms shall be governed by and construed in accordance with Isle of Man law and the Isle of Man courts shall have jurisdiction over any dispute or difference that may arise.

Schedule

LOVEIOM GIFT CARD SCHEME - MERCHANT T&Cs

1.1 These terms and conditions are the LoveIOM Merchant T&Cs referred to in the Merchant Agreement between IOMGCL and the Merchant (the “Merchant Agreement”) and are effective from you signup. Capitalised terms used but not otherwise defined in these LoveIOM Merchant T&Cs have the meaning given to them in the Merchant Agreement.

1.2 Where the Merchant supplies goods or services to a LoveIOM Consumer and such LoveIOM Consumer requests to pay the Merchant using their LoveIOM Gift Card, the Merchant will process the LoveIOM Consumer’s order in the same manner as it would if the LoveIOM Consumer was paying in cash.

1.3 The Merchant may only accept a LoveIOM Gift Card as payment for any order or invoice which relates to the permitted uses list which can be found online at: https://loveiom.com/acceptable-use-policy

1.4 When taking payment, the Merchant will check the balance of the LoveIOM Consumer’s LoveIOM Gift Card using the App and process the redemption of such card in an amount up to such balance. LoveIOM Gift Cards may be redeemed in part or in full.

1.5 The Merchant is permitted to accept payments by way of redemption of multiple LoveIOM Gift Cards held by one or multiple LoveIOM Consumers against a single order or invoice.

1.6 The Merchant is permitted to accept redemption of a LoveIOM Gift Card in part payment of an order or invoice (with the remainder being payable by another method).

1.6 The maximum redemption which may be made against any LoveIOM Gift Card in a single transaction or a series of linked transactions is £250.00.

1.8 No minimum transaction amount applies to the LoveIOM Gift Card.

1.9 The expiry date of LoveIOM Gift Cards may vary. It is the responsibility of the Merchant, via the App, to ensure that a LoveIOM Gift Card has not expired and holds an available balance before processing a redemption.

1.10 The Merchant will, throughout the Term, accept as payment the redemption of any LoveIOM Gift Card holding an available balance. The Merchant may not without the prior consent of IOMGCL refuse to redeem any validly presented LoveIOM Gift Card

1.11 LoveIOM Gift Cards do not incur service or maintenance fees to the LoveIOM Consumer for any reason and the Merchant shall not impose any such fee or otherwise charge a LoveIOM Consumer any fee for the redemption of their LoveIOM Gift Card.

1.12 LoveIOM Gift Cards are not redeemable for cash.

1.13 Where a LoveIOM Consumer contacts the Merchant for a refund, the Merchant’s usual refund policy shall apply. We shall have no liability to either the Merchant or the LoveIOM Gift Card Consumer in respect of any dispute between them. Where the Merchant grants a refund to a LoveIOM Consumer, the Merchant shall be solely responsible for providing the necessary funds to the LoveIOM Consumer. Under no circumstances may funds be refunded, credited or re-applied to a LoveIOM Gift Card following a redemption.

1.14 We reserve the right to, as often as we consider necessary, to visit the Merchant’s business premises for the purposes of ensuring compliance with the Terms and these LoveIOM Merchant T&Cs by way of undertaking such checks as are considered appropriate, including utilising mystery shoppers.

1.15 The Merchant shall not make any public statement concerning the LoveIOM Gift Card Scheme where such statement could reasonably be considered to be derogatory or likely to discourage persons from signing up to be LoveIOM Consumers or Merchants.