Ice Programme with Mastercard® - Terms & Conditions
We operate the website www.myice.com. We are The Ice Organisation Limited, a company registered in England and Wales under company number 05999039 and with our registered office at Kenwood House, Upper Grosvenor Road, Tunbridge Wells, Kent TN1 2DU (Ice or we).
The Mastercard payment card based reward scheme (Ice Programme with Mastercard®) is brought to you by Ice.
To take part in the Ice Programme with Mastercard® you must follow the terms and conditions set out below (Terms), in addition to our standard Ice Terms and Conditions, Ice Policy on Privacy and Data Protection and Cookies. You should read these Terms carefully as they, together with the documents referred to in these Terms, will govern your participation in the Ice Programme with Mastercard®.
1. How the Ice Programme with Mastercard® works
1.1. Ice enters into various contracts with partners in which the partner agrees to pay a commission or fee to Ice in return for Ice registered customers shopping with participating partners using their registered Mastercard® credit card. Subject to certain qualifying conditions (see clause 3.2), these are known as Qualified Transactions.
1.2. Mastercard will assist us to identify Qualified Transactions by tracking your Mastercard® credit card transactions with participating Ice partners. Mastercard will inform Ice about your transactions with an Ice partner, which we will use to provide you with the choice to collect or spend your Ice points.
1.3. We will determine the level of rewards we wish to offer our customers participating in the Ice Programme with Mastercard®. Our website contains information on current rewards and offers.
2. How to participate
2.1. To join the Ice Programme with Mastercard® you must register through the Ice website www.myice.com under your proper legal identity. You must hold an Ice account to join the Ice Programme with Mastercard®.
2.2. You are only eligible to join and continue to take part in the Ice Programme with Mastercard® if you are the proprietor of one or more Mastercard® branded payment credit cards and have registered at least one Mastercard® branded payment credit card to your Ice account (Payment Card). Some types of Mastercard® credit card cannot be registered to the Ice Programme with Mastercard® as the purchase transactions cannot be tracked by Mastercard. For example, certain types of Mastercard® prepaid cards.
2.3. You will not hold more than one Ice account under the same or different identities but you may register more than one Payment Card to your Ice account. A Mastercard® payment card cannot be registered to more than one Ice account.
2.4. Not all Mastercard® cards are eligible for registration in connection with the Ice Programme with Mastercard and not all transactions with your registered Mastercard® payment card are tracked by Mastercard. Only transactions that are made with a registered Mastercard credit card that are processed or submitted through Mastercard’s transaction-processing system will be monitored for the purposes of the Ice Programme with Mastercard®. You acknowledge that Mastercard may be unable to monitor every transaction made with your enrolled Mastercard® card, including for example, transactions where payment is processed via Paypal or PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Mastercard® payment card as a funding source but you do not present your card directly to the partner), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Mastercard payment system.
2.5. If you choose to register a payment card in connection with transaction monitoring, you authorise Ice to share your payment card information with Mastercard so it knows you are enrolled. You authorise Mastercard to monitor transactions on your registered card(s) to identify qualifying purchases, and for Mastercard to share such transaction details with Ice to enable your card-linked offer(s) to be implemented, and to target other offers that may be of interest to you.
2.6. You may opt-out of transaction monitoring on the payment card(s) you have registered by logging in to your Ice account, navigate to My Mastercard®(s) page where you will be able to view your registered payment card(s) and delete those that you no longer want for transaction monitoring. Please follow this link: https://myice.com then login to your Ice account, go to My Mastercard®(s)
3. Collecting or spending Ice points through the Ice Programme with Mastercard®
3.1. You can collect or spend Ice points by purchasing goods and services from participating partners via the channels specified on the Ice website and by using your Payment Card. A list of participating partners can be found on our website.
3.2. Qualified Transactions are only those transactions that are made with a Payment Card, tracked by Mastercard in accordance with our Policies on Privacy and Data Protection and Cookies and made in accordance with these Terms and the terms of any partner promotion. Qualified Transactions must exceed the designated transaction value threshold (where a threshold is specified) for the participating partner and must be a cleared payment.
3.3. The Qualified Transaction must be confirmed as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part. Any refund will be netted off against a relevant pending transaction.
3.4. Qualified Transactions are not:
3.4.1. transactions where part of a query or an investigation has been initiated;
3.4.2. transactions where further data is required to enable Ice points to be credited to your Ice account;
3.4.3. transactions where data is corrupt, damaged or lost;
3.4.4. transactions which are or which Ice reasonably believes are conducted by you with a purpose which is unethical and / or intended to obtain Ice points dishonestly.
3.5. When you complete a transaction with your registered Mastercard® payment card at a participating retailer the transaction data that we receive from Mastercard does not immediately inform Ice of the channel of the purchase (where a retailer has a website and stores) therefore we will initially estimate the calculation of points for collect and spend. Once the fully confirmed transaction data is received the correct number of points to be collected or the rate for the points spent will then be calculated and the transaction adjusted accordingly.
3.6. If you choose to spend Ice points by selecting one of the following options then please be aware that the number of points you spend and/or the Ice discount may be adjusted.
3.6.1. If you choose to spend your points to get the maximum Ice discount value, and then when we receive the cleared and confirmed transaction data from Mastercard the transaction value is different and/or you have more Ice points to spend then your Ice discount will be adjusted automatically; and
3.6.2. If you choose to spend just your double value points (worth 2p each), and then when we receive the cleared and confirmed transaction data from Mastercard the transaction value is different and/or you have more Ice points or the channel to spend then your Ice discount will be adjusted automatically.
3.7. If you choose to use your Ice points for a discount with a participating partner then this will appear as a credit on your Mastercard® account linked to your Payment Card.
3.8. Ice points shall be owned by Ice and held in your Ice account when you register for the Ice Programme with Mastercard®. Only Ice points collected on Qualified Transactions shall be credited to your Ice account.
3.9. You accept that in some cases there may be a delay or failure to credit Ice points to your Ice account due to the failure of either a partner or Mastercard to provide information to Ice. Whilst Ice shall use reasonable endeavours to recover Ice points for non-tracked transactions Ice shall have no responsibility or liability for such delay or failure.
3.10. Ice is not responsible for incorrect information provided by partners or Mastercard.
4. Account access and information
4.1. Ice is responsible for keeping your Ice account accurate and up-to-date in accordance with and subject to these Terms. Ice may adjust the balance of your Ice account to rectify any non-payment from Mastercard or partners, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors.
4.2. You may view your Ice account through the Ice website (www.myice.com) with which you registered for Ice and the Ice Programme with Mastercard®.
4.3. In the event that your Ice account is closed you will automatically cease to be a participant in the Ice Programme with Mastercard®.
5. Customer conduct & obligations
5.1. As a condition of your participation in the Ice Programme with Mastercard® you agree that you shall use Ice points in an ethical manner and should your Ice account be used purposefully to defraud or inflate Ice earnings with Mastercard and/or partners then duplicate transactions will be removed and/or your Ice account will be subject to termination.
5.2. If you have any questions or concerns about your Ice account and / or the Ice Programme with Mastercard® you should contact us directly. Contact details for Ice can be found on www.myice.com. You should not contact Mastercard or an individual partner about the Ice Programme with Mastercard® as we are responsible for the management of the Ice Programme with Mastercard®.
5.3. Should you fail to comply with any of the above, your user rights are automatically terminated. This termination will be in addition to any criminal, civil or other remedies that Ice may seek.
6. Termination & suspension
6.1. Ice may at any time without cause or liability and without your consent amend, suspend or terminate the Ice Programme with Mastercard® or any part of it or any feature within.
6.2. You acknowledge and agree that your participation in the Ice Programme with Mastercard® may automatically terminate in any and all of the following circumstances:
6.2.1. if Ice terminates your Ice account because of a breach or other event specified in the Terms or suspected breach of these Terms by you;
6.2.2. if your Ice account is closed for any reason;
6.2.3. we no longer work with Mastercard to run the Ice Programme with Mastercard®; or
6.2.4. if you no longer wish to participate in the Ice Programme with Mastercard®.
6.3. If Ice terminates your Ice account because of a breach by you of these Terms you agree that you will not seek to register with Ice again, whether using the same or a different identity to that under which you originally registered.
6.4. Should you wish to close your Ice account and / or withdraw from participation in the Ice Programme with Mastercard®, you must contact our customer service team at email@example.com.
6.5. If your participation in the Ice Programme with Mastercard® is terminated in accordance with:
6.5.1. clause 6.2.1 or 6.2.2 your Ice points shall be put to the benefit of the environment, or
6.5.2. clause 6.2.3 or 6.2.4 you shall be entitled to keep your Ice points accrued to date, subject to the Ice Standard Terms and Conditions.
6.6. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.
7. Disclaimers & Warranties
7.1. You understand that participation in Ice and in the Ice Programme with Mastercard® is at your sole risk.
7.2. You understand that your purchase of goods and/or services from partners using your Payment Card is subject to and governed by their terms and conditions of sale and not these Terms and that these Terms do not affect your statutory rights. Ice is not a party to the contractual relationship between you and the partner or you and your Mastercard® credit card provider.
7.3. Ice makes no warranty with regard to any goods and/or services and / or rewards obtained by you from partners using your Payment Card including representations, warranties, and fitness for purpose, merchantability or quality.
7.4. You agree that Ice is provided on a strictly “as is” and “as available” basis. Ice makes no warranty that Ice will meet your requirements or that it will be uninterrupted, timely, or error free nor does Ice make any warranty as to the results that may be obtained from the use of Ice or the Ice Programme with Mastercard® or as to its accuracy or reliability of any information obtained through it.
7.5. In no event will we be liable to you for any consequential, incidental, direct, indirect, punitive, or any special damages and / or for any, loss of profits, loss of business, economic loss, depletion of goodwill or similar losses, loss of anticipated savings, loss of contract, loss of use, loss or corruption of data or information arising from or in connection with your participation or inability to participate in the Ice Programme with Mastercard® even if we were advised of the likelihood of such damages save that we will credit to you any Ice points which have been wrongly deducted or should have been credited but were not to your Ice account. Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to fraud or any other liability which is not permitted to be excluded or limited as a matter of law.
7.6. Ice shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
7.7. Ice does not guarantee the performance of Mastercard in qualifying your eligible purchases and participating partners in the Ice Programme with Mastercard®.
8. Your liability
You shall indemnify Ice, Mastercard and our partners against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by Ice, Mastercard and our partners arising out of or in connection with your breach of these Terms.
9. Your consent
9.1. You authorise Mastercard to monitor transactions on your registered card to identify qualifying purchases, and for Mastercard to share such transaction details with Ice to enable tracking of your card-linked offer(s) and to target offers that may be of interest to you. You may subsequently opt-out of transaction monitoring by deleting the registered Mastercard®(s) from the My Mastercard®(s) page of your My Ice account. To do this follow the link: https://www.myice.com, login to your Ice account and go to your My Mastercard(s) page.
9.2. You consent to your transactional data being used as follows:
9.2.1. for the collection or redemption of Ice points;
9.2.2. to send you notification(s) when you qualify to collect or spend Ice points when making a purchase using your Payment Card.
9.3. If you choose to respond to an Ice SMS message then you accept that you will pay for the SMS response as per your standard network charge.
10.1. These Terms do not affect your statutory rights, to the extent they cannot be amended or excluded in law and the exclusions and limitations of liability contained in them shall be construed and applied accordingly.
10.2. Ice’s failure to enforce your strict performance of any provision of these Terms will not constitute a waiver of Ice’s right to subsequently enforce such provision or any other provision of them.
10.3. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms.
10.4. This contract is between you and us. Subject to the rights of Mastercard and our partners set out in clause 8, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.5. These Terms shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.
10.6. We amend these Terms from time to time by posting new versions on our website. You should check back frequently to see updates. This policy is effective from the 28th of September 2017.
If you have any questions about these Terms email us at firstname.lastname@example.org or write to The Ice Organisation Limited Kenwood House, 1 Upper Grosvenor Road, Tunbridge Wells, Kent TN1 2DU.