GENERAL BUSINESS TERMS AND CONDITIONS FOR LYONESS MEMBERS
Amended: November 2014
Lyoness Europe AG, a company registered in the Canton of St. Gallen, Switzerland, under Company Register Number CH 170.3.026.427.4 (Lyoness) operates the Lyoness Loyalty Programme that enables a Member to receive Member Benefits by making a Purchase from a Loyalty Merchant. A Member’s contract is with Lyoness and is subject to these General Business Terms and Conditions for Lyoness Members (GTCs). In the Republic of Ireland, Lyoness is represented by Lyoness Ireland, a company registered in Ireland, under Company Number 484353.
Any term or condition that appears in italics can be found in Appendix I, a glossary of defined terms. These GTCs are legally binding.
1. Object of the Contract
1.1 A Member’s Purchases are recorded under the Lyoness Loyalty Programme. A Member can use one of four different methods to make Purchases:
• Cashback Card
• Prepaid Lyoness MasterCard®
• Online Shop accessed via Lyoness’ online platform.
See Clause 4.3 for more information on the methods for recording Purchases.
1.2. In accordance with these GTCs, a Member is authorised to participate in the Lyoness Loyalty Programme and to receive Member Benefits and, if appropriate, the Friendship Bonus. A Member can recommend the Lyoness Loyalty Programme to other shoppers. A Member is not authorised to recommend Lyoness to companies (see Clause 3.4.4). A Member is under no obligation to recommend Lyoness to other persons and is not responsible for the success of Lyoness.
2. Basis of the Contract
2.1. Upon acceptance by Lyoness of an application to register, the applicant will become a Member and receive a personal, non-transferable Membership ID. This entitles him to participate in the Lyoness Loyalty Programme; see further Clause 18.2. Membership of the Lyoness Loyalty Programme is free of charge.
2.2. In order to complete the contract, a Member must apply to be registered using a Friendship Flyer or apply online using Lyoness’ online registration form. In certain circumstances he may register with a Loyalty Merchant.
2.3. A Member warrants that the information that he has provided to Lyoness is correct. A Member undertakes to inform Lyoness without undue delay of any changes to the personal data provided at the time of registration (in particular address, e-mail address, bank account details, telephone number etc.).
2.4. Each natural person or legal entity is only permitted to register once (i.e. only one Membership ID). For registration, a Member must enter a home or business address (registered office). If a Member attempts to register more than once with the aim of obtaining extra Member Benefits and Friendship Bonuses, Lyoness reserves the right to terminate the contractual relationship with good cause and revoke any Member Benefits and Friendship Bonuses obtained in this manner. If a Member registers more than once, the most recent Membership ID shall be deleted and any Member Benefits and Friendship Bonuses shall be revoked.
3. Legal Relationship
3.1. Participation in the Loyalty Programme and in the recommendation of further Members is a Member’s sole responsibility and is legally independent of Lyoness. Participation by a Member in the Lyoness Loyalty Programme constitutes only a contractual relationship between the parties; nothing in any agreement between a Member and Lyoness shall render a Member an employee, servant, worker, agent, shareholder or partner of Lyoness nor shall any Member hold himself out as such.
3.2. A Member is entitled only to receive Member Benefits and the Friendship Bonus. A Member is not entitled to any remuneration extending above and beyond this. A Member is not entitled to the reimbursement of any expenses.
3.3. A Member is not authorised to represent Lyoness in any way and must not make representations regarding the Loyalty Programme when recommending it to other persons; likewise, he must not take as fact any such representations made by other Members. A Member is not entitled to receive money or collect funds on behalf of Lyoness. In the event of any breach of this Clause 3.3 Lyoness may terminate the Member’s contract forthwith and with good cause.
3.4. Without prior written consent from Lyoness, a Member is not entitled to:
3.4.1 use logos, writing, trademarks, slogans, domains, other symbols and similar content from Lyoness or a Loyalty Merchant;
3.4.2 create business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, brochures, websites, apps, advertising material, bulk emails, mail shots, homepages or any similar media concerning Lyoness or the Loyalty Programme, to distribute them in written or electronic form or in any other miscellaneous manner or to make them publically accessible (e.g. on internet sites such as Facebook or YouTube);
3.4.3 organise and run events, such as information events, workshops, seminars, etc., concerning Lyoness or the Loyalty Programme; or
3.4.4 introduce retailers, wholesalers, other miscellaneous traders, or other companies which offer goods or services for final consumers, including fuel stations, franchisees and department stores as Loyalty Merchants or Members, to conduct negotiations or preliminary discussions or to pursue advertising campaigns of any kind, in particular on the premises or in the vicinity of such a company.
4. Lyoness Loyalty Programme
4.1. By making a Purchase from a Loyalty Merchant, a Member acquires Member Benefits in accordance with these GTCs. A Recommender also receives a Friendship Bonus. The Member Benefits and Friendship Bonus and their respective conditions are described in more detail in Clause 8.
4.2. To be able to grant Member Benefits and Friendship Bonuses, Lyoness enters into contracts with Loyalty Merchants. Current Loyalty Merchants and the associated Member Benefits are listed at www.lyoness.com.
4.3. A Member can use one of the follow methods to record his Purchase:
4.3.1 Cashback Card;
4.3.2 Prepaid Lyoness MasterCard®;
4.3.3 Voucher; see Clause 6 for more information on the use of Vouchers; or
4.3.4 Online Shop; to make a Purchase from an Online Shop, a Member should
188.8.131.52 log in at www.lyoness.com using his access data and then select the Online Shop of his choice, or 184.108.40.206 access the Online Shop from another online channel provided by Lyoness to record purchase data.
To enable the Purchase to be recorded, a Member must make sure that cookies are enabled and that advertisement or script blockers are disabled during the Purchase process. See Clause 5 for more information on shopping online.
4.4. For the methods described under Clauses 4.3.1 and 4.3.4, the Loyalty Merchant sends all Purchase and/or billing data to Lyoness for the calculation of the resulting Member Benefits. The same procedure applies to Clause 4.3.3 in the case of a Voucher bought from a Voucher Selling Point. If the Voucher is bought from Lyoness, Lyoness records this data and uses it to calculate the Member Benefits. Under Clause 4.3.2, the payment card service provider transmits the Purchase data to Lyoness for the calculation of the resulting Member Benefits.
5. Online Shopping
5.1. The Member is recommended to read the Online Shopping section in the FAQs at www.lyoness.com.
5.2. For a Member to be credited with Member Benefits and Friendship Bonus, the cancellation period under the Consumer Contracts Regulations must have expired (as described in Clause 8.4.) and the Member must not have cancelled the Purchase.
5.3 A Member who makes a Purchase at an Online Shop is entitled to Member Benefits only if his address registered with Lyoness and that of the Online Shop are in the same country, unless the Online Shop extends the Benefits to Members in other countries. The Online Shops available in each country are listed under www.lyoness.com.
5.4. Lyoness has no influence over the design of the Online Shops and is not responsible for these websites in any way. Lyoness expressly distances itself from any content on these websites that may be illegal or immoral.
6. Purchasing Vouchers
6.1. A Voucher can be used to make a Purchase only from the Loyalty Merchant which issued the Voucher. The value of the Voucher is shown on the Voucher itself. Loyalty Merchants are not permitted to exchange the Voucher for cash, either in whole or in part.
6.2. A Member can buy a Voucher from Lyoness by writing, by telephone or online, or in person from a Voucher Selling Point. Lyoness will issue the Voucher to the Member once he has paid for it in full. Sales of Vouchers by Lyoness to Members are subject to the terms and conditions stipulated by Lyoness, including Lyoness’ right to reject a Voucher sale.
6.3. When buying a Voucher, the Member must stipulate to Lyoness for which Loyalty Merchant the Voucher is required. The Voucher will be identified with the name of that Loyalty Merchant. When redeeming a Voucher, the Member enters into an agreement with the Loyalty Merchant only. Lyoness is not liable for any claims arising from such agreement.
6.4. A Voucher bought from Lyoness cannot be returned and payments cannot be refunded, subject to the following two exceptions :
6.4.1 Lyoness guarantees that the Voucher bought by a Member can be redeemed at and/or used to pay for a Purchase from the Loyalty Merchant; if, for good reason, this is not possible, the Member can exchange the Voucher for a Voucher from another Loyalty Merchant; the Member Benefits and Friendship Bonus may change depending on the contract with the Loyalty Merchant (see Clause 8.3.); if the Member does not want a Voucher for a different Loyalty Merchant, he can request reimbursement of the amount paid; any Member Benefits that have been granted must be returned; if a Friendship Bonus has been granted, it must also be returned;
6.4.2 A Member who has bought a Voucher is entitled to cancel the transaction under the EU Consumer Regulations 2013.
6.5. Lyoness assumes no liability for the redemption of a lost or stolen Voucher, unless the Member reported the loss or theft to Lyoness and Lyoness, where possible, failed to implement reasonable measures to prevent wrongful redemption.
6.6. A Voucher bought by a Member can be transferred to another person free of charge, e.g. as a gift. With the exception of a Voucher Selling Point, a Member is not permitted to resell a Voucher for payment.
7. Lyoness Vouchers
7.1. Lyoness Vouchers are electronic vouchers created by Lyoness. They can be used only to buy Loyalty Merchant Vouchers and certain goods from Lyoness. Lyoness Vouchers are issued in the form of a voucher code and can be acquired from www.lyoness.com. They cannot be used to buy goods or services direct from a Loyalty Merchant.
7.2. Lyoness Vouchers can have a value of between €10 and €1,000; the value of each Lyoness Voucher appears in the voucher confirmation. In the case of partial redemption, the original value will be reduced by the amount redeemed. Lyoness Vouchers cannot be exchanged for cash, either in whole or in part. Sales of Lyoness Vouchers are subject to the terms and conditions stipulated by Lyoness.
7.3. Member Benefit and Friendship Bonus are generated when the Member uses a Lyoness Voucher to acquire a Loyalty Merchant Voucher (or goods at www.lyoness.com , described in Clause 7.1), not when he buys the Lyoness Voucher.
7.4. A Lyoness Voucher can be transferred to another Member free of charge and is thus particularly suitable as a gift. Lyoness Vouchers must not be sold commercially.
7.5. A Lyoness Voucher, issued in a particular currency, can be redeemed only by a Member whose registered address is in a country that uses that same currency.
7.6. The Lyoness Voucher code is valid for a period of three years, commencing at the end of the year in which the Lyoness Voucher was acquired. Once the voucher code has expired, the Lyoness Voucher is void and can no longer be used.
7.7. When a Member buys a Lyoness Voucher he will be informed of the cancellation provisions of the Consumer Contracts Regulations, particularly the period within which cancellation may be notified. Clause 6.4 applies with regard to returning a Voucher for a Loyalty Merchant.
8. Member Benefits and the Friendship Bonus
8.1. A Member who makes a Purchase is eligible for Member Benefits. As Recommender, a Member is eligible to receive a Friendship Bonus for Purchases made by his direct and indirect Recommendees (see Clause 8.1.3.). The Member Benefits and the Friendship Bonus are based on the conditions agreed in the contract between Lyoness and the Loyalty Merchant; they therefore vary according to the Loyalty Merchant, sector and country in question. Member Benefits comprise Cashback (see Clause 8.1.1) and Shopping Points if applicable (see Clause 8.1.2).
8.1.1. Cashback: A Member will receive up to 5% Cashback for each Purchase. A higher Cashback rate may be granted in some cases. The rate granted by each individual Loyalty Merchant is listed at www.lyoness.com (log-in area). Cashback payments are made in accordance with Clauses 8.4. to 8.6.
8.1.2. Shopping Points: In addition, a Member will receive Shopping Points for a Purchase from a Loyalty Merchant that uses Shopping Points. A Member can use Shopping Points to obtain a discount on a Purchase described in the special offers listed under www.lyoness.com (see Clause 9).
8.1.3. Friendship Bonus: A Member will receive a Friendship Bonus of up to 0.5% of the value of Purchases made by his direct and indirect Recommendees. The Member cannot receive a Friendship Bonus for Purchases made by his indirect Recommendees’ Recommendees. The Friendship Bonus is paid in accordance with Clauses 8.4. to 8.6.
8.2. With regard to special offers, Lyoness reserves the right to deviate from the provisions of these GTCs. In order to bring to its Members as wide a range as possible of Loyalty Merchant offers, Lyoness makes special discount agreements with its Loyalty Merchants and passes on comprehensive Benefits to its Members. These special offers will be listed on the Loyalty Merchant page at www.lyoness.com (see also Clause 8.3).
8.3. The Benefits granted by each Loyalty Merchant are listed at www.lyoness.com. A Member is recommended to check the Lyoness website on a regular basis to keep up-to-date with the conditions offered by each Loyalty Merchant. In the event of a change to the conditions offered by a particular Loyalty Merchant, Lyoness reserves the right to amend the Member Benefits and Friendship Bonus for this Loyalty Merchant. In such a case Lyoness is required to give four weeks’ notice. A Member’s entitlement to Member Benefits is based on the conditions in place at the time when the Purchase was paid for in full.
8.4. For the Member Benefits and Friendship Bonus to be credited, a Member must have paid for the Purchase in full and not have cancelled it under the provisions of the Consumer Contracts Regulations or otherwise. Provided these criteria are met, and the Loyalty Merchant confirms the Purchase to Lyoness, Lyoness will invoice the Loyalty Merchant for amounts due to Lyoness and the Benefits and Friendship Bonus will be credited to the Members at 11pm each Sunday. Lyoness will expect payment within two months of the date of the invoice, and when received payment will be made to the Members. If a Member has bought a Voucher, Member Benefits and the Friendship Bonus will be credited as soon as the above-mentioned criteria are met.
8.5. Once each week, Lyoness will transfer Cashback and Friendship Bonus to the bank account registered by the Member. The Member must be in credit for at least €10 for a transfer to take place.
8.6. If a Member makes a Purchase from a Loyalty Merchant in another country (either in person or online), the Cashback or Friendship Bonus may initially appear in the Member’s Cash Account in the currency of that country. Once the Purchase has been confirmed by the Loyalty Merchant, the transaction will be converted automatically, using an appropriate exchange rate, into the Member’s local currency and shown in his Personal Members Area. The validity of Clause 5.3. shall remain unaffected, i.e. a Member is only entitled to receive Member Benefits and the Friendship Bonus for an international Purchase made using the channels (e.g. Online Shops) listed on the Lyoness website.
9. Lyoness Shopping Points
9.1. A Member may be eligible to receive a certain number of Shopping Points for a Purchase.
9.2. The number of Shopping Points granted (if granted at all) depends on the amount spent and conditions agreed with the particular Loyalty Merchant. The Member is referred to the Loyalty Merchant’s page on www.lyoness.com , where the number of Shopping Points granted by the Loyalty Merchant for a Purchase worth €100 is shown.
9.3. Shopping Points have no fixed monetary value. Their value is determined by the discount granted upon redemption at the Loyalty Merchant in question. Shopping Points cannot be paid out in cash and must not be transferred to another person for a fee. However, a Member may transfer Shopping Points to another Member free of charge, for example as a gift.
9.4. A Member can track his Shopping Points in his Personal Member Area. These can be used to secure a discount for certain special offers listed at www.lyoness.com. The Member can use only the number of Shopping Points specified for the particular offer.
9.5. If a Member uses Shopping Points to make a Purchase, Member Benefits and any Friendship Bonuses will also be granted. Member Benefits and the Friendship Bonus are allocated in accordance with the price after deduction of the discount granted through the use of the Shopping Points.
9.6 Shopping Points will expire at the end of the third calendar year following the year in which they were earned.
10. Online Office & Services
10.1. Lyoness will provide each Member with his own Personal Member Area at www.lyoness.com free of charge. Once a Member has entered his username and password, he can view his Purchases, Recommendees, Member Benefits and Friendship Bonuses. Should the Lyoness websites and log-in area at www.lyoness.com become unavailable, Lyoness’ liability is governed by the terms of Clause 14.
10.2. A Member must retain securely and confidentially his access data for his Personal Member Area (user name, password and PIN). Third parties must not be given access to this information. A Member is able to amend his personal settings at any time at www.lyoness.com .
10.3. A Member undertakes to notify Lyoness without delay of any improper use of access to his Personal Member Area. Access to a Member’s account will be blocked immediately and new access data will be sent to the Member by text message, e-mail or post. Should a Member suffer loss as a result of improper use of his access data, Lyoness’ liability is governed by the terms of Clause 14.
11. Change of Recommender
A Member who has not made a Purchase or acquired any Lyoness Vouchers for a period of at least six months can change his Recommender by nominating another Member as Recommender. The newly-nominated Recommender must give his consent to this change. In this instance, the Member’s direct and indirect Recommendees remain with the original Recommender in their original positions.
12. Data Protection
12.1. As the party responsible under data protection law, Lyoness collects, stores and processes Member data, insofar as this is necessary to operate the Lyoness Loyalty Programme, i.e. calculating Member Benefits and the Friendship Bonus. When calculating the Friendship Bonus, Lyoness provides the Recommender with data on Purchases made by his direct Recommendees, identified by name, email address and telephone number. Indirect Recommendees will be shown anonymously. A Member can grant his Recommender access to further personal data (such as his address) through the Online Office. With the Member’s consent, Lyoness can also use the Member’s data to provide personalised information about offers and products from Lyoness and Loyalty Merchants.
12.2. All enquiries regarding the amendment and deletion of data can be submitted directly to Lyoness or Lyoness Ireland.
12.3. Further data protection regulations relevant to the use of the Lyoness website can be found in the data protection declaration at www.lyoness.com .
12.4. Lyoness uses established security equipment and methods to protect its Members’ data from unauthorised access. Lyoness’ liability for the security of data transmitted on the internet is governed by Clause 14.
12.5. Consent under data protection legislation: The Member hereby agrees that Lyoness can collect personal data concerning his purchasing behaviour (interests and preferences etc.) under the Lyoness Loyalty Programme and can use this information to contact the Member, either in person or by post, to send him personalised information and to advertise the Lyoness Loyalty Programme and Loyalty Merchant offers. The Member can revoke his consent at any time, either by post or email. A written withdrawal should be submitted to Lyoness Ireland, Unit 8, 4075 Kingswood Road, Citywest Business Campus, Dublin 24 or firstname.lastname@example.org
13. Disruptions to Service
13.1. The scope of services offered by Lyoness is restricted to the operation of the Lyoness Loyalty Programme as described in these GTCs.
13.2. The rights and obligations related to a Purchase shall apply solely to the Loyalty Merchant. Following the completion of a contract with a Loyalty Merchant, Lyoness assumes no warranty obligations or liability for the Loyalty Merchant’s service obligations, in particular for the Loyalty Merchant’s failure to fulfil obligations, in whole or in part.
13.3. Should a Loyalty Merchant fail to fulfil its obligations, the Member is not entitled to make any claims against Lyoness for the full or partial reimbursement of the value of the Voucher redeemed, the issuance of a new Voucher, a cash payment or any other form of compensation or remuneration. The Loyalty Merchant is solely responsible for all claims resulting from its failure to fulfil its obligations or failure to fulfil obligations correctly.
14.1 Nothing in this agreement shall operate to exclude or limit Lyoness’ or its subsidiaries’ liability for (a) death or personal injury caused by its or their negligence (b) fraud or (c) any other liability which cannot be excluded or limited under applicable law.
14.2 Subject to Clause 14.1, Lyoness and its subsidiaries shall not be liable to a Member for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
14.3 Subject to Clause 14.1, Lyoness and its subsidiaries accept no liability and shall not be liable to a Member for the failure for any reason of a Loyalty Merchant to sell or supply the goods or services required by the Member.
14.4 Subject to Clauses 14.1 and without prejudice to Clauses 14.2 and 14.3, Lyoness and its subsidiaries’ aggregate liability to a Member in respect of claims arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances take into account any losses or potential losses arising after a period of three (3) months from the date of the event giving rise to the claim.
14.5 The exclusions and the limitations of liability in the Clause 14 will not apply to the extent that it would be unlawful to do so pursuant to the Consumer Protection Act 2007 or any applicable law relating to the protection of consumers.
15.1. Registration and participation in the Lyoness Loyalty Programme is free of charge for Members.
15.2. A Member receives a Cashback Card free of charge as part of the registration process.
15.3 If a Member applies for a Prepaid Lyoness MasterCard®, additional charges will be payable to the card issuer.
16. Termination by the Member
16.1. A Member is entitled to terminate the contractual relationship with Lyoness at any time by means of written notice to Lyoness.
16.2. On termination of the contract, a Member is entitled only to the Member Benefits that were applicable at the time when the contract was terminated, i.e. Cashback or Friendship Bonus arising from Purchases already made. All accumulated Shopping Points will be forfeited on termination of the contract. However, should the Member terminate the contract due to a material breach by Lyoness, the Member will be able to redeem any Shopping Points as described in Clause 9 within a period of eight weeks following the termination of the contract.
17. Termination by Lyoness
17.1. Lyoness may terminate the contractual relationship with the Member by giving at least eight (8) weeks’ notice; or where the Member is in breach of the provisions of the GTCs and does not cure the breach within seven (7) days of being requested to do so.
17.2. On termination of the contract, a Member is entitled only to the Member Benefits that were applicable at the time when the contract was terminated, i.e. Cashback or Friendship Bonus arising from Purchases already made.
17.3. Should Lyoness terminate the contract without good cause, the Member can redeem his Shopping Points and Lyoness Vouchers in accordance with Clause 9 within a period of eight weeks following the termination of the contract. Any Shopping Points will otherwise be forfeited upon termination of the contract.
18. General Provisions
18.1 Without the prior written approval of Lyoness, the agreement between Lyoness and the Member is not assignable by the Member nor can the Member assign Member Benefits or Friendship Bonus.
18.2 Individual agreements always take precedence over these GTCs. All such agreements must be made in writing or confirmed in writing by Lyoness. It is assumed that the parties have not entered into any verbal agreements. Lyoness is further entitled to forward any contractual declarations and information necessary for the execution of the contract to the Member by text message or email, provided that the Member has disclosed the relevant contact details and does not object to this.
18.3 Any amendments to these GTCs communicated to a Member in writing and other any contractual agreements between the Member and Lyoness are deemed to have been accepted by the Member unless the Member opposes their validity within thirty days following receipt of the amendment notification. The Member must have actually received notification of the amendment for this provision to be valid.
18.4 Words in the singular will include the plural and vice versa. A reference to one gender will include a reference to the other gender.
18.5 Should any provision of these GTCs be completely or partially invalid or unfeasible, the validity of the remaining provisions will not be affected.
18.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of the Republic of Ireland. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.7 The parties irrevocably agree that the courts of the Republic of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
18.8 A Member must be at least eighteen years old in order to register and participate in the Lyoness Loyalty Programme.
18.9 A Member is responsible for all charges, fees, taxes etc. accrued by the Member as a result of receiving Member Benefits.
Glossary of defined terms
“Cashback” is a Member Benefit up to 5% of the value of a Purchase made by a Member at a Loyalty Merchant (see Clause 8).
“Cashback Card” is a plastic or paper card used in the Lyoness Loyalty Programme to record a Member’s Purchase from a Loyalty Merchant. It cannot be used as a means of payment. The Cashback Card is also available in electronic form through the use of the Lyoness mobile app.
“EU Consumer Regulations 2013” means the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
“Friendship Bonus” is a Benefit received by a Member as Recommender for Purchases made by his direct and indirect Recommendees.
“Friendship Flyer” is the means of a Recommender registering a new Member offline. Once completed the document must be sent to Lyoness Ireland for registration.
“General Business Terms and Conditions / GTCs” are these General Business Terms and Conditions for Lyoness Members as varied from time to time.
“Loyalty Merchant” is a business with which Lyoness has entered into a contract for the purpose of creating a Benefit for a Member when he makes a Purchase.
“Lyoness” is a company―Lyoness Europe AG―incorporated and registered in the Canton of St. Gallen, Switzerland, under Company Register Number CH 170.3.026.427.4 , whose registered office is at Bahnhofstrasse 22, CH-9470 Buchs, Switzerland.
“Lyoness Ireland” is a company―Lyoness Loyalty Ireland Limited― incorporated and registered in the Republic of Ireland, under Company Number 484353, whose registered office is Unit 8, 4075 Kingswood Road, Citywest Business Campus, Dublin 24.
“Lyoness Loyalty Programme” is the shopping community developed by Lyoness that enables a Member to receive Member Benefits when he makes a Purchase from a Loyalty Merchant. It also enables him to receive a Friendship Bonus for Purchases made by his direct and indirect Recommendees.
“Lyoness Vouchers” are electronic vouchers created by Lyoness that can be redeemed only to purchase Loyalty Merchant Vouchers and certain goods from Lyoness. They cannot be used to purchase goods or services direct from Loyalty Merchants. Lyoness Vouchers can be purchased and redeemed at www.lyoness.com .
“Member” is a person who has entered into a contract with Lyoness in accordance with these GTCs and remains as such until the contract has been terminated.
“Member Benefit/Benefit” is the benefit that a Member receives or is eligible to receive by making a Purchase. Member Benefits comprise Cashback and Shopping Points, if applicable.
“Membership ID” is a unique number allocated by Lyoness that serves to identify the Member and is used to record his Purchases.
“Online Shops” are online Loyalty Merchants that have entered into a contract with Lyoness to provide Member Benefits when a Member makes a Purchase.
“Personal Member Area” is a Member’s personal log-in area of the Lyoness website provided by Lyoness to enable a Member to view his Purchases, his Recommendees and information about the Benefits of the Lyoness Loyalty Programme.
“Prepaid Lyoness MasterCard®” is a prepaid debit card with Cashback Card and payment card functions. It is provided under a separate agreement with MasterCard®, a payment card service provider, whose additional terms and conditions govern applications for and use of the card.
“Promoters” are Lyoness and Lyoness Ireland.
“Purchase” is the acquisition by a Member of goods or services from a Loyalty Merchant.
“Recommendee” is a Member who registers with Lyoness on the basis of another Member’s recommendation (direct Recommendee). Should a Member’s direct Recommendee also register a Member, this new Member is an indirect Recommendee to the original Member.
“Recommender” is a Member who recommends the Lyoness Loyalty Programme to a new Member. This person is nominated as Recommender when the new Member registers with Lyoness. Should a Member change his Recommender, the Recommender is the person whom Lyoness has recorded as the Recommender.
“Registration Form” is the registration form at the end of this booklet or on the Site to be completed and signed by the member upon applying for membership of the Lyoness Loyalty Programme. “Shopping Points” are a Member Benefit whose redemption value is determined by the discount granted by a Loyalty Merchant. Shopping Points have no fixed monetary value.
“Site” is www.lyoness.com.
“VAT” is value added tax chargeable under VAT Consolidation Act 2010 and any similar replacement or additional tax.
“Voucher” is a paper or plastic voucher or plastic gift card issued by a Loyalty Merchant for the value shown and valid only at that Loyalty Merchant for the payment of a Purchase made by a Member.
“Voucher Selling Point” is a Loyalty Merchant authorised by Lyoness to buy Vouchers from Lyoness and to resell them to Members; these Loyalty Merchants are listed at www.lyoness.com