'The Flock' Loyalty & Reward Rules
The Scheme & Accounts
We will add to the Customer’s account, Points earned or redeemed by each Customer (Account). We reserve the right to refuse, merge or close Accounts at any time.
Customers must register their details on setting up of their Account and through their Account keep such details up to date. We cannot be held responsible for any loss of Points or Vouchers (as defined below) as a result of out of date or inaccurate details.
All Customers must have a resident UK address. Changes of address must be notified to us as soon as reasonably possible. Customers must be over 18.
Account information is also available from us on request. The Customer can access the Points balance in respect of their Account and details of any Points earned or redeemed by him/her via our website or using our Apple or Android app. We make no warranty against errors and omissions or the inadequacy or untimely provision of amendments to Account information. Customers must notify us immediately if they believe that their Account information is inaccurate or incorrect. We will correct an Account if it is shown to be wrong (to our reasonable satisfaction) provided that such inaccuracy is notified to us within 1 month of the relevant transaction; but, unless there are clear records showing this, our decision is final.
We cannot be held responsible for any loss arising from any Customer failing to ensure the safe-keeping of any passwords and other details required to access their Account.
We may close any Account on which no Points have been earned or redeemed for a continuous period of at least 12 months and any Points or Vouchers forfeited. We may also, on notifying the Customer, immediately suspend or terminate the rights of any Customer and/or close any relevant Account, if:
- they breach these Rules;
- we reasonably believe that they have dealt with the Scheme in a manner not permitted by these Rules or any other applicable terms and conditions;
- there is any theft from or misconduct in connection with us or any Supplier (as defined below);
- they supply false or misleading information to us;
- they are abusing the Scheme;
- they are abusive or offensive to any member of our staff; or
- they fail to pay any sums due to us.
- they fail to attend a reservation/booking at The Nuthatch.
A Customer can close their Account at any time by notifying us.
If an Account is suspended or closed (for whatever reason) any rights to redeem Points from that Account are suspended or lost, as we may determine.
We make no promise that the Scheme will meet your requirements or that it will be uninterrupted, timely or error free.
We award Points when the Customer undertakes a relevant transaction through the Website or in venue and as detailed in the “Earn points” section, details can be found here.
We reserve the right to:
- change the rate at which each Customer earns Points and/or the list of relevant transactions on which any Customer can earn Points from time to time; and
- allocate additional Points, in addition to those generated from Customer orders for products and services, as and when we see fit and there shall be no guarantee that such Points will be awarded and any such award will be solely at our discretion.
We determine the particular relevant transactions on which Points can be earned and the number of Points to be earned and may detail these on the Website or other communications to the Customer from time to time. The number of Points awarded may change and will vary depending on the number and value of products or services bought by the Customer, the amount spent and when the transaction takes place. Further details are contained at the “Points tiers” section.
Points will normally be credited to the Customer’s Account within 3 days of the relevant transaction being completed and products and services paid for in full by the Customer. In the case of the purchase of packages or gift vouchers via our website, points will be credited for these upon redemption within the venue.
Points have no cash or monetary value and can at no time be exchanged or redeemed for, or converted to, cash.
We reserve the right to exclude, at any time, any products or services from the Scheme at our discretion.
We are entitled to remove from the Customer, Points at any time if products are returned for any reason and a full or partial refund of the purchase price is given.
The Account, Vouchers and Points, in whatever form, are issued by and remain our (or our Partner’s) sole property. We cannot however be responsible for any unauthorised use of Points or any lost or stolen Vouchers.
We may exchange points for reward vouchers as part of a marketing campaign without consent of the account holder. The account holder will have a choice to redeem the voucher in question or revert the voucher back to points.
Points will expire and are lost if no orders were placed on the relevant account for 12 subsequent months. Points are also lost if the relevant Account is closed or if the Scheme ends or terminates (for whatever reason).
Points are personal to an Account and cannot normally be transferred, unless we say otherwise.
Only one Account can earn points per reservation/visit/table at The Nuthatch. Even on occasions where a bill is split, points will only be awarded to one one Account, usually but not limited to the Account from which the booking was made, or the Account linked to the contact details with which the booking was made.
Redeeming Points for Rewards
All Rewards are subject to availability. Where we offer rewards with partners, we cannot control every specific change in the suppliers offer but we will ensure that while the Scheme is in operation a range of products and services are available, and use reasonable endeavors to procure the availability of Rewards. We will not be liable for any loss arising from a failure by a Supplier to provide such Rewards.
Transactions and all Rewards are subject to all applicable legal rules and the terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability). When Points are redeemed we may act as intermediary between the relevant Customer and a partner where applicable and we will do what we reasonably can to ensure such Rewards are supplied by the relevant partner. Our terms and conditions will apply to any Rewards redeemed with us.
To the extent permitted by law, nothing in these Rules will constitute a warranty or representation regarding any Reward.
Unless we determine otherwise, our refund and return policy does not apply to any Rewards.
Points cannot be redeemed until credited to an Account and cannot be used in partial payment of a product or services (the Customer will need to save up the full amount necessary to earn its chosen product or services before they can redeem them).
Points are always redeemed against full price products or services even if they are on special offer and cannot be redeemed if the Customer’s Account is suspended (for whatever reason).
Where Points are redeemed for a voucher or voucher code (Voucher) carrying a specified cash discount or benefit, the Voucher will have an expiry date specified on it and will be subject to any other terms and conditions stated on the Voucher or otherwise publicised. Points have no value until converted into Vouchers by the Customer. Vouchers should be treated like cash (but for the sake of clarity, are not cash). Vouchers that are lost or mislaid may be reissued with the original expiry date, providing they have not previously been redeemed. Customers may be charged a fee for Vouchers which are lost. Additional terms and conditions may be found on the back of the Vouchers.
Redeemed Points cannot be used again. If a transaction on which Points are issued or redeemed is cancelled, reversed or not completed, or products returned, we will reverse the associated Points movement. If insufficient Points are available, or we suspect fraud or misconduct, Rewards may be refused or cancelled at our sole discretion.
Points from more than one Account cannot be combined to redeem for the same Reward. Additionally, only redemptions from one Account can be made per reservation/visit /table at The Nuthatch. Even on occasions where a bill is split, only redemptions made from one Account can be applied.
Unless otherwise notified at the time of purchase, Points cannot be earned or redeemed in conjunction with any other discount, offer or promotion.
Security questions may be asked when a redemption is made or Voucher issued. All Rewards redeemed on an Account which are sent by post will be sent to the latest address we have for the Customer.
The Customer is solely responsible for any tax liability incurred as a result of the Scheme.
Points can only be earned, held, transferred or redeemed as set out in these Rules. Any other use, award, sale, exchange or transfer of Points, or attempt to do so, is a material and serious breach of these Rules. Any Points not earned and held in accordance with these Rules will be invalid and cannot be redeemed for Rewards. Any such Points on an Account will be deducted and, if they are redeemed, we will cancel the relevant Rewards and we may take other appropriate action.
We may, from to time, make changes or amendments to these Rules and will, where appropriate, give the Customer as much notice as we reasonably can. Customers who continue to participate in the Scheme following such any change to these Rules will be considered to have accepted the updated terms and conditions and earning or redeeming Points on an Account will constitute acceptance of the revised Rules.
We may suspend or terminate the Scheme at any time and for whatever reason and terminate, withdraw or cancel any Points which may have been collected, but will give as much notice as we reasonably can, before we do so. If this happens all Accounts will be suspended or terminated. No compensation or recompense whatsoever will be due to Customers who have unredeemed Points.
These Rules do not affect the Customer’s statutory rights. For the avoidance of doubt, the redemption of Points by a Customer does not constitute a transaction of sale as laid down by and governed by the prevailing Distance Selling Regulations.
We will only be liable to a Customer who suffers loss as a result of our breach of these Rules and, if so, our sole liability will be to credit to the relevant Account any Points which have been wrongly deducted or should have been credited but were not. These Rules do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability which it would be illegal or unlawful for us to exclude or limit our liability for. These Rules prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
Each of the paragraphs of these Rules operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that the Customer’s perform any of their obligations under these Rules, or if we do not enforce our rights against the Customer, or if we delay in doing so, that will not mean that we have waived our rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If we do waive a default by the Customer, we will only do so in writing, and that will not mean that we will automatically waive any later default by the Customer.
A person who is not a party to these Rules will have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Rules, but this will not affect any right or remedy of a third party which exists or is available apart from that Act.
Our only responsibilities with respect to the Scheme are set out in these Rules which are subject to English law and any disputes will be decided only by the English courts.
If you wish to do so, please print and retain a copy of these Rules for your reference.
You can contact us by logging onto our Website or by email – email@example.com.
The promoter of the Scheme is RPC Manor Ltd (trading as The Nuthatch), a company registered in England under company number 11713575 whose registered office is 9-11 Bedford Street, Middlesbrough, TS1 2LL.