1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions for Xexec Limited (“we”, “us”, “our”) and its agents, whose services are represented within this website and on other third-party websites and marketing material. These terms are the basis on which we supply Reward and Recognition or Discounts benefits to you. For the purposes of consumer protection laws, these benefits are services which include making tickets or vouchers for events, experiences, discounts or digital content provided by third-party operators or suppliers available to you on our website pursuant to your employer’s Reward and Recognition or Discounts Program (the “Services”).
1.2 Why you should read them. Please read these terms carefully before using our Services. When using these Services for Reward and Recognition or discount benefits, you are consenting to your personal data being used for MI and reporting analysis subject to the provisions of applicable laws and the provisions of our Rewards and Recognition Portal Privacy and Cookies Policy and/or our Discounts Portal Privacy and Cookies Policy, depending on the type program your employer has signed up to. These terms also tell you who we are, how we will provide Services and Vouchers to you, how you and we may change or end the Services, or cancel a Voucher, and what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
By registering on our website and/or by purchasing Vouchers, you are agreeing to these terms and conditions.
1.3. Definitions. “Operator” means: an independent third-party supplier we have partnered with running any given event, experience, service, discount or scheme for which a Voucher is applicable.
“Retailer” means: an independent third-party retailer, online or instore seller we have partnered with and provide goods and services to which a Voucher relates.
“Voucher” means: any individual offer we make available to you to download via our website, including any discount, ticket, access, reward or other benefit giving you access to sales or events or experiences run by Operators and/or Retailers. You may buy or redeem Vouchers as part of the Services we provide to you, and in accordance with these terms and conditions and within the limits of your registration and/or your employer or benefit provider’s scheme.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Xexec Limited, a company registered in England and Wales. Our company registration number is 04009440 and our registered office is at 88 Crawford Street, London, W1H 2EJ, UK. Our registered VAT number is 766 1273 20.
2.2 How to contact us. You can contact us by telephoning our customer service team at 020 8201 6483 or by writing to us at Mountcliff House, 154 Brent Street, London NW4 2DR.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us. Any contact made with you or any of your contact data will always be done in accordance with our Rewards and Recognition Portal Privacy and Cookies Policy and/or our Discounts Portal Privacy and Cookies Policy, as applicable.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 When a contract comes into force. A contract based on these terms and conditions between you and us will come into existence between when your registration on the Rewards and Recognition Portal or on the Discounts Portal is completed by us. Any Vouchers or Services shall be provided to you under these terms & conditions and within the limits of your employer or benefit provider’s scheme. Please check via the my account tab on our website or contact your employer or benefit provider directly to find out more information about the scheme applicable to you.
3.2 If we cannot accept your registration. If we are unable to accept registration for any reason, we will inform you of this and will use reasonable efforts to provide you with a solution or explain any reasons why as it is not possible to complete your registration request. Reasons for unaccepted registrations might be due to erroneous information provided by employers or benefits providers, or because the overall agreement between us and your employers or benefits providers (our clients) has expired.
3.3 If we are unable to provide you with Services or a Voucher. If we are unable to provide you with our Services or a Voucher for any reason, we will inform you of this. Reasons for us being unable to provide you with Services might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the availability or description of the Voucher or because we are unable to meet a deadline you have specified.
3.4 Availability. Some of the Vouchers we sell include “closed dated vouchers” (expiry dates vary). You are free to book your preferred date or purchase your preferred item before the “closed dated vouchers” expiry period. In order to avoid disappointment, we recommend that you book or purchase items or experiences well in advance and DO NOT organise travel or accommodation until the booking has been confirmed by the Operator.
3.5 Validity. The validity of Vouchers vary depending on the Operator or Retailer. It is your responsibility as the end user to check the expiry date (which should be printed on the Vouchers) and ensure your Voucher has been used by then. Vouchers cannot be extended or returned once issued, subject to your statutory rights, or as set out below.
3.6 Tracking your purchases. We will assign each purchase a Confirmation Number and tell you what it is when we accept your purchase. It will help us if you can tell us the Confirmation Number whenever you contact us about your order.
4. OUR SERVICES
4.1 Items may vary slightly from their pictures and/or descriptions. The images of the Services or Vouchers on our website and the descriptions and pictures contained within these media and on gift vouchers themselves are for illustrative purposes only. Although we have made every effort to display the colours accurately and to ensure that they are a true reflection of the Services and Vouchers (including the events or products), we cannot guarantee that a device’s display of the colours accurately reflects the descriptions and pictures given and may vary from the “real life” version. As such any descriptions or pictures do not form part of these terms and conditions, nor do they form part of a contract. This does not affect your statutory rights.
4.2 Our communications with you. In order to provide you with our Services, we will need to communicate with you by sending you tailor made emails relating to the benefits and discounts that your employer or benefits provider has made available to you via their agreement with us. These emails are purely service based. You will nonetheless be able to manage your communications preferences via the Preferences Portal.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Voucher you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes (price, timing of supply or anything else which would be necessary as a result of your requested change) and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order, which will be subject to your rights to do so as set out below.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Services or Vouchers. We may change the Services or Vouchers to reflect changes in relevant laws and regulatory requirements or based on our business requirements.
6.2 More significant changes to the Services, Vouchers and these terms. In addition, as we informed you in the description of the Services and Vouchers on our website, we may make periodical changes to these terms, our Services or the Vouchers, but if we do so we will notify you and you may then contact us to end the Service before the changes take effect and receive a refund for any Vouchers redeemed or paid for but not received.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. SUPPLYING THE VOUCHERS
7.1 Delivery costs. The costs of delivery, if any, will be as displayed to you on our website.
7.2 When we will provide the Vouchers. During the order process we will let you know when we will provide the Vouchers to you or any documentation or confirmations you require to use the Voucher.
7.3 If the Vouchers are:
• One-off Vouchers. We will begin the Services to provide you the Voucher once your order is accepted by us. We will make the Voucher available for download by you as soon as we accept your order. The Services shall be completed once the Voucher is made available to you for download.
7.4 We are not responsible for delays or events outside our control. If our supply of the Services or Vouchers is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Service and receive a refund for any Vouchers you have paid for but not received.
7.5 When you become responsible for the Voucher. A Voucher will be your responsibility once we make the Voucher available to you to download.
As such, please do not arrive at a venue expecting to redeem your Voucher without first obtaining a Confirmation Number or letter from the Retailer or Operator. This is your responsibility. We will not be held liable for costs incurred if you do not follow the procedure set out in these Terms and Conditions.
7.6 When you own a Voucher. You own the right to a Voucher once we have received payment or redemption in full.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services or Vouchers to you. If so, this will have been stated in the description of the Services on our website and in our Rewards and Recognition Portal Privacy and Cookies Policy and/or our Discounts Portal Privacy and Cookies Policy, as applicable. We may contact you to ask for this information where it has not been supplied by you or your employer. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to perform the Services for you. We will not be responsible for supplying Services or Vouchers late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons we may suspend the supply of Services or Vouchers to you. We may have to suspend the supply of a Voucher or the Services to:
• Deal with technical problems or make minor technical changes;
• Update the Voucher to reflect changes in relevant laws and regulatory requirements;
• If you do not pay. If you do not pay us for the Vouchers you order when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the Vouchers until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Vouchers. In this case, we will not be responsible if the Voucher expires, any event passes or is no longer available or if any special offer or flash sale lapses during the time that we waited for you to pay. In this case, we or you may decide to cancel your order.
8. YOUR RIGHTS TO END THE SERVICES
8.1 You can always end your contract or order for any Voucher with us. Your rights when you end the Services or Voucher order will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
• If what you have bought is mis-described you may have a legal right to end the Services or cancel the Voucher (or to get some or all of your money back);
• If you want to end the Service or cancel the Voucher because of something we have done or have told you we are going to do;
• If you have just changed your mind about the Voucher. You may be able to get a refund if you are within the cooling-off period, but this may be subject to the conditions as set out below.
8.2 Ending the Service or purchase of a Voucher because of something we have done or are going to do. If you are ending the Services or purchase of a Voucher for a reason set out below, our relationship with you will end immediately and we will refund you in full for any Vouchers which have not been provided to you and you may also be entitled to compensation. The reasons are:
• We have told you about an upcoming change to the Vouchers, Services or these terms which you do not agree to;
• We have told you about an error in the price or description of a Voucher you have ordered and you do not wish to proceed;
• There is a risk that supply of the Vouchers may be significantly delayed because of events outside our control;
• We have suspended supply of the Services or Vouchers for technical reasons; or
• You have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the use of the services (i.e., the provision of Vouchers), once these have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
• Have you bought Vouchers? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services (i.e., provided the Voucher to you for download) you cannot change your mind, even if the period is still running.
Further, once you book a specific date with an Operator or Retailer (e.g., for events or experiences) you are bound by their terms and conditions regarding cancellations. Once a date is confirmed with an Operator or Retailer, it may not possible to change this date unless the Operator or Retailer deems this possible. You should liaise with the Operator or Retailer directly in the event of any query. Furthermore, we strongly recommend that you contact the Operator or Retailer on the day before your experience or event to ensure everything is in order. In the event of cancellation by the Operator or Retailer, we will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs incurred. This does not affect your statutory rights.
• Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9. HOW TO END THE SERVICE WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the Services or cancel the Voucher. Subject to the provisions at Article 8 above (and your statutory rights) you can request to end the Services with us or cancel a Voucher by letting us know via:
• Phone or submit an online enquiry. Call customer services on 020 8201 6483 or submit your enquiry here, providing all relevant information in the form.
10. OUR RIGHTS TO END THE SERVICE
10.1 We may end or suspend the Service or the provision of any Voucher if you do not respect these Terms & Conditions. We may end our relationship with you at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due or you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide a Voucher you have ordered.
11. IF THERE IS A PROBLEM WITH THE SERVICE OR WITH A VOUCHER
11.1 How to tell us about problems. If you have any questions or complaints about our Services or Vouchers, please contact us. You can telephone our customer service team at 020 8201 6483, submit your enquiry here or write to us at Mountcliff House, 154 Brent Street, London NW4 2DR.
11.2 Summary of your legal rights. We are under a legal duty to supply Services and Vouchers to you that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services or Vouchers. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• If your digital content is faulty, you’re entitled to a repair or a replacement.
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example tickets to a concert or a Voucher, the Consumer Rights Act 2015 says:
• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
• If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
12.1 Prices. We take reasonable care to ensure that all prices (which includes VAT) are displayed on our website and on third-party agent websites (Operators and Retailers) and on any other marketing materials are correct to the best of our knowledge and are maintained on a daily basis. In the event of an order being placed against an accidental incorrect price, we will use reasonable efforts to inform you of the error within seven days of the purchase being made.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services of the Voucher, we will adjust the rate of VAT that you pay, unless you have already paid for the Services or Voucher in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the Vouchers we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Voucher’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Voucher’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. In the event of an order being placed against an accidental incorrect price, we will use our reasonable efforts to inform you of the error within seven days of the purchase being made.
12.4 When you must pay and how you must pay. We accept payment with Visa Debit, MasterCard Debit only for Vouchers. For Vouchers or Services, you must pay for them before you download them.
12.4 What to do if you have been incorrectly billed. If you think you have been billed an incorrect amount, please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 Third-Party Liability and Operators. Although we have sought to select highly experienced Operators and Retailers to assist you with Vouchers, products and bookings, we shall not be responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you whilst participating in the experience or event for which an Operator or Retailer shall be solely responsible. We do not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. You should raise any issues regarding this with the third-party Operator or Retailer directly.
13.3 Restrictions. Some of the Vouchers may have restrictions, for example the Voucher may not be valid during sale periods. If restrictions apply, these will be mentioned in the Services and Voucher description. Please abide by these restrictions as we are not responsible for any event where the Voucher is not accepted by an Operator or Retailer due to restrictive periods. If you are unsure of the restrictions or have any questions, please submit your enquiry here and we will advise you accordingly.
13.4 Our Liability. Except where stated below at 13.5, our total liability in all cases for any claim whatsoever in connection with the Services or Vouchers or any experience or any issue arising out of these terms shall be limited to the price that you paid for the Services or Vouchers in question.
13.5 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; for fraud or fraudulent misrepresentation; for breach of your legal rights.
13.7 We are not liable for business losses. We only supply the Services or Vouchers for domestic and private use. If you use the Services or Vouchers for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information in accordance with applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and as set out in our Rewards and Recognition Portal Privacy and Cookies Policy and/or our Discounts Portal Privacy and Cookies Policy, as appropriate.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. You may not make any changes to these terms unless we agree in writing, and our consent may be withheld for operational or business reasons.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract unlawful or invalid, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services or Vouchers, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services or Vouchers in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services or Vouchers in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services or Vouchers in either the Northern Irish or the English courts.