Terms and Conditions of Use – Branch Benefits


  1. INTRODUCTION

Wienerberger (UK) Limited (“Wienerberger UK”) is a company registered in England and Wales with registered number 05299520 whose registered office is at Wienerberger House, Brooks Drive, Cheadle Royal Business Park, Cheadle, Cheshire, SK8 3SA.

The Programme (as defined below) is operated by Wienerberger UK under which staff of registered trade merchants can collect points to redeem against specified reward goods and services.

These Terms and Conditions of Use apply to individual employees and personnel of trade merchants who participate in the Programme.

  1. DEFINITIONS

“Administrator” means 360insights (Europe) Ltd who administrator the Programme and the Website on behalf of Wienerberger, or such other third party administrator who Wienerberger may appoint from time to time.

“Participant, Your Or You” means a Trade Merchant staff member accessing the Website or participating in the Programme.

“Programme” means Wienerberger Branch Benefits – Merchant Loyalty Programme and all its component parts.

“Wienerberger/We/Us/Our” means Wienerberger (UK) Ltd.

“Rewards” means the goods and services which may be purchased from Us using Reward Points through the Programme, as set out on the Website from time to time.

“Reward Points” means points awarded by Us under the Programme in accordance with clause 6.

“Rewards Partner(s)” means any third party company whom We may appoint from time to time as a supplier of Rewards.

“Trade Merchant” means the business that is registered with Us for the Programme and for whom You work for.

“Website” means https://www.branchbenefits.co.uk/


  1. GENERAL TERMS

3.1 These Terms and Conditions of Use apply to the Programme.

3.2 The Programme runs from May 4th 2021 and is ongoing unless withdrawn by Us in accordance with clause 11.2.

3.3 By taking part in the Programme, accessing Your account, transacting points, or using any other aspect of the Programme or Website, You will be deemed to have read, understood and accepted these Website terms.  We shall be entitled to amend these terms and conditions and/or to amend, suspend, withdraw or cancel the Programme, including for the avoidance of doubt any associated Rewards at any time, without prior notice.  These terms and conditions form the full terms and conditions. We will use reasonable endeavours to notify You of changes to these Terms and Conditions of Use by email, but it is Your responsibility to familiarise yourself with these Terms and Conditions of Use on a regular basis for possible changes.

3.4 We reserve the right, in Our sole discretion, to disqualify any Participant that acts in any fraudulent manner, attempts to bypass the security of the website or affects the administration, security, fairness, integrity, or proper conduct of the programme, who tampers with the entry process or reward redemption, or may benefit from such tampering.

3.5 We assume no responsibility in relation to the Website for any error, omission, interruption, deletion, defect, delay in operation or transmission.

3.6 Participants must not register nor use the Website on behalf of another individual. Only one e-mail address per Participant will be allowed for registration.

3.7 In the event of any disputes relating to Reward Points awarded, Wienerberger’s decision shall be final, and binding and no correspondence will be entered into. 


4.ELIGIBILITY

4.1 The Programme registration is via invitation only. All Participants must be over 18 years of age or older at the time of entry.  Participants must obtain the prior permission of their employer to participate in the Programme.  This Programme cannot be combined with any other programmes, offers or rebates.

4.2 Employees of Wienerberger, their employees, contractors, suppliers and agents associated with the Programme are not eligible to participate in the Programme.  Employees of the Wienerberger are eligible to participate in employee reward or recognition Programmes which are subject to separate terms and conditions.

4.3 By participating in the Programme you confirm that you are acting the capacity of Your business, trade, craft or profession. You are not permitted to participate in the Programme if You are a “consumer” within the meaning given to it under the Consumer Rights Act 2015.

5.TO PARTICIPATE

5.1 To participate in the programme, You will be invited by your Wienerberger area sales manager or Trade Merchant Branch Manager to register via the programme platform at https://www.branchbenefits.co.uk/ and accept these Terms and Conditions of Use.

5.2 We are not responsible for lost, corrupted or delayed invitations.

6.EARNING REWARD POINTS

6.1 Reward Points will be awarded to each Participant when they successfully complete and pass qualifying product eLearning, participant surveys, and badges on the Website.

6.2 Other opportunities to earn Reward Points throughout the Programme will be notified to Participants via the Website and may be subject to additional terms and conditions.

6.3 Participants may opt to either:

  • save Reward Points awarded for to redeem against Rewards at a later date; or
  • redeem some or all of the Reward Points against Rewards through the Website.

6.4 Rewards, once chosen, can only be changed if the Participant contacts Administrator within 24 hours of the redemption. 

6.5 There is no cash alternative to Rewards Points or Rewards.

6.6 Reward Points will expire after 12 months of allocation to Your account unless the Reward Points are redeemed against Rewards within that 12-month period.

6.7 Participants may not combine Reward Points with other forms of payment, pool, transfer or combine Reward Points with any other participant, programme or scheme in order to redeem Rewards.

7.REDEEMING INSTANT POINTS VOUCHER CODES

7.1 From time to time You may receive an instant points voucher. Reward Points will be automatically credited to Your account on redemption of Your instant points voucher code. Codes must be redeemed prior to the published expiry date.

7.2 Instant points vouchers are at the complete discretion of Wienerberger.

7.3 There is no cash alternative to instant point vouchers.

8.ORDERING REWARDS

8.1 Reward Points may only be redeemed via the Website. 

8.2 Whilst Rewards will be supplied by Us, You acknowledge that the applicable Reward Partner may also have their own terms and conditions which will apply to a Reward, in which case these will shared with You. 

8.3 If you order experience day, gift card and voucher Rewards, when You use these to redeem goods, products or services, You will may be required to enter into a direct arrangement with the applicable Reward Supplier, whose own terms and conditions will apply.

Substitution

8.4 In the case of a Reward item not being available, the Administrator will contact You within 7 days of placing the order and offer a replacement item of similar value.  If You do not wish to accept the replacement item, the Rewards Points value will be re-credited to your account.

8.5 We reserve the right to remove,  include or change the redemption value of any Reward from the range at Our sole discretion and Participants may not rely upon the continued availability of a Reward category or Reward item.  We will honour the redemption value of any Rewards that have already been ordered by a Participant prior to any redemption value alterations.

Delivery, returns and faults

8.6 The delivery of Rewards will be made within 28 days of placement of order unless otherwise stated on the Website or by email communication. In case Your order hasn't arrived within 28 days (or any other time period given by our Reward Partner) of Your order, You must contact the Reward Partner via the Website within 4 weeks of the final date that delivery was due. We will reject any claims for non-delivery after the 4 week time period.

8.7 The delivery of all Rewards will be made to the address as supplied by You at the time of order.  The delivery address for Rewards should be to an address where the item can be signed for.  If there is nobody available to sign for receipt of the goods then the delivery company will usually leave a card with contact details for You to arrange delivery again.  Where a rearranged delivery is made and there is nobody present to sign for the item the Rewards Partner or delivery company may at their discretion charge for re-delivery costs and this will be passed on to You.

8.8 Delivery of damaged items must be refused and items found to be damaged on delivery or after opening packaging must be advised within 48 hours to the Administrator’s customer service team at [INSERT CONTACT DETAILS] to enable timely follow up with the Reward Partner or courier and arrange for a replacement to be shipped.  We will generally not accept liability for damaged or lost items beyond this time frame. 

8.9 You acknowledge that some reward items are not returnable and non-refundable (i.e. customised items, made to order, perishable goods such as flowers/food or personal items such as jewellery or cosmetics).

8.10 Where faults develop in Rewards after delivery, You should contact Us or the Administrator via the Website who will deal with issues on Our behalf. Where faults develop after 14 days from receipt, these will be subject to manufacturer warranties and Wienerberger shall have no liability in respect of the same.

Vouchers and Gift Cards

8.11 From time to time the Reward Partners who provide vouchers or gift cards may experience temporary delays or stock shortages. In the event that delays will impact on the Administrator’s ability to deliver the order as scheduled, the Administrator will advise You and discuss appropriate actions.

8.12 Once Your Reward Points have been redeemed against a voucher or gift card, your use of the voucher or gift card will be governed solely by the applicable Rewards Partner’s terms and conditions. We are not liable for any refusal of a Reward Partner to deactivate, reactivate or provide credit or replacement of a lost or stolen gift card or voucher.  Once a gift card or voucher is delivered, You assume all risk and liabilities for the gift cards and voucher and no refunds will be made by Wienerberger.

Risk and title

8.13 The risk and title in all Rewards shall pass to You upon delivery in accordance with clause 8.7.

Tax

8.14 The Programme is being run by Wienerberger and the Administrator with no involvement from the Participant’s employers. Wienerberger and the Administrator are not responsible for any liability arising from any tax or National Insurance Contributions arising from the Programme, Reward Points or supply of Rewards. Participants and their employers are solely responsible for accounting for and paying to their local tax offices any tax liability and NI contributions or other local taxation arising any Rewards.

9.ACCOUNT AND WEBSITE SECURITY AND APPROPRIATE USE OF THE WEBSITE

9.1 As a user of the Website You must use the Website in an appropriate and lawful manner, including, without limitation, You may not:

  • save as specifically authorised by Us or the Administrator, copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, publish, transfer or otherwise make available the Website or any of its content;
  • replicate the Website or create a separate border around any part of the Content or services (also known as “framing”)(“Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics);
  • remove, change or obscure in any way anything on Website, unless specifically authorised;
  • remove or delete other users of the Website;
  • reverse engineer or decompile (whether in whole or in part) any software used in the Website;
  • use the Website and anything available from it or any Reward for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
  • remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied from the Website;
  • receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, indecent, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
  • circumvent user authentication or security of any host, network or account, nor interfere with service to any user, host or network, nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are visiting the Website’s legitimate web pages or use the Website for any other unlawful or objectionable conduct;
  • misuse the Website by knowingly or recklessly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our depository of resources is stored or any server, computer or database connected to our Hub. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • use (or permit, authorise or attempt the use of):
    • any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or
    • any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

Proper conduct and use of your Account

9.2 To access the Website, You may be given, or able to choose, a User ID and password (“Access Information”), which You must treat as confidential. You must not disclose Your Access Information to any other person.

9.3 As a user of the Website, You must register an account with Website. This is done via the registration page on the Website or via an email communication. It is Your responsibility to provide accurate information and notify Us of any changes. We reserve the right to deny approval of your registration if it deems that the application is not appropriate or fraudulent.

9.4 You shall be solely responsible for maintaining the confidentiality of Your password. You shall immediately notify Us of any known or suspected unauthorised use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of Your password. You are fully responsible for all usage and activity on Your account. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organisation listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organisation.

9.5 You shall notify Us as soon as possible and no later than 24 hours (i) if You are granted access to information which You do not, acting reasonably, believe that You should, due to Your function/role/company/organisation, have access to and/or (ii) if You become aware that someone within Your company/organisation has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to. We reserve the right to modify the Website , suspend or terminate the Website or  any part of the same at any time if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms and Conditions of Use. We have the right to disable any Access Information, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms and Conditions of Use.

9.6 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

10. INTELLECTUAL PROPERTY

10.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within Your organisation to content posted on the Website.

10.3 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

10.4 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

10.5 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Us or Our licensors.

11. TERMINATION OR WITHDRAWAL OF THE PROGRAMME

11.1 You may at any time by notice to Wienerberger terminate your participation in the Programme. In such case, our contract will terminate at the end of the next day following Our receipt of Your notice.

11.2 Wienerberger may close the Programme and the Website at any time by providing at least one week's notice on the Website and by email. You will be able to still redeem any outstanding Reward Points You have already accrued during this one week notice period, but following the closure of the Website Your Reward Points will no longer be redeemable and will be forfeit.

11.3 We may terminate Your participation in the Programme, Your use of the Website and cancel any Reward Points You have accrued immediately by notice to You if You:

11.3.1    commit an material breach of these Terms and Conditions of Use (for the avoidance of doubt, any breach of clauses 9 (Account and Website Security and Appropriate Use of the Website) and 10 (Intellectual Property) will be deemed to be material);

11.3.2    commit any breach of these terms (however minor, and whether or not remediable) and You commit a similar breach again after notice from Wienerberger;

11.3.3    commit any remediable breach of these terms and conditions (however minor) and You do not remedy that breach in a reasonable period after notice from Wienerberger;

11.3.4    commit any abuse of the Programme, any conduct detrimental to the interests of either Wienerberger, the Administrator or any Reward Partner, or any misrepresentation of any information furnished to Us; or

11.3.5    carry out (in Our reasonable opinion) any fraudulent activity of accounts, Reward Points balances, voucher codes and Rewards (and in such case We shall seek to recover from You any losses We incur as a result of such fraudulent activity).

11.4 Termination of our agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

11.5 On termination of this agreement, the following clauses shall continue in force: clause 12 (Liability) and clause 15 (Governing Law and Jurisdiction).

12. LIABILITY

12.1 The Website and the Programme are provided by Wienerberger free of charge.

12.2 To the extent permissible by law, We exclude all implied conditions, warranties, representations or other terms that may apply to the Website, or any content on it, the Programme, Reward Points and Rewards.

12.3 We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website;
  • use of or reliance on any content displayed on the Website;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation;
  • any special, indirect or consequential loss or damage;
  • reliance on or in the expectation of Reward Points or Rewards being provided in accordance with the Programme;
  • losses suffered by third parties or Your liability to any third party; and
  • the performance of any third party and for any act or default by a third party.

12.4 The content on Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

12.5 Although We make reasonable efforts to update the information on the Website, We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

12.6 Where the Website contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources.

12.7 We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.8 Subject to the provisions of this clause 12 above, Our total liability to You arising out of or in connection with this agreement, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including any liability arising from a breach of, or a failure to perform or defect or delay in performance of, Our obligations under this, in each case howsoever caused (including if caused by negligence)  will not exceed £1,000 (one thousand pounds sterling) in aggregate.

13. FORCE MAJEURE

We shall not be in breach of these Terms and Conditions of Use where we fail to perform or delay performing any obligations which We owe to You due to any event or circumstance beyond our reasonable control.

14. VARIATION

Wienerberger may unilaterally vary these Terms and Conditions or the Programme in any way and at any time immediately by notice posted on the Website, or by notice sent by e-mail or post to you.

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms and Conditions of Use, and the relationship between You and Wienerberger (whether contractual or otherwise) shall be governed by, and construed in accordance with, English Law.

15.2 Any disputes concerning these Terms and Conditions of Use, and the relationship between you and Wienerberger, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. GENERAL

16.1 No person other than you and Wienerberger shall have the right to enforce these Terms and Conditions of Use, and the Contracts (Rights of Third Parties) Act 1999 shall not apply. These terms and conditions of Use may be varied without the consent of any third party.

16.2 We may sub-contract any of Our obligations in relation to the Programme and its operation and may appoint an agent to operate the Programme on Our behalf.

16.3 All notices and communications by You to Wienerberger concerning these Terms and Conditions of Use or the Programme, including complaints and questions, shall be sent by e-mail using the address stated on the Website, or using any web form submitted through the Website, or using any enquiry number provided from time to time on the Website.

16.4 All notices and communications from Wienerberger to You may be sent by e-mail using the email address which You provided to Wienerberger for Your registration with the Programme. You are responsible for keeping this e-mail address up to date.

16.5 In these Terms and Conditions of Use a reference to a "person" includes a reference to a company or other body corporate, association, partnership or individual; a reference to the singular shall include the plural and vice versa; references to liability include liability in contract, negligence, tort and otherwise howsoever, other than for fraud; and a reference to any gender shall include every gender.

16.6 We may transfer our rights and obligations under these Terms and Conditions of Use to another organisation. We will inform You by email if this happens. 16.7 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

16.7 Even if we delay in enforcing this contract, We can still enforce it later. We might not immediately chase you for doing something you're not allowed to, but that doesn’t mean we can't do it later.