Amazon.co.uk MasterCard Rewards Programme Rules
These terms and conditions (the "Rules") apply to membership in the Amazon.co.uk Rewards Programme (the "Programme") and incentive rewards earned by cardholders ("Cardholder(s)", "you" or "your") of the Amazon.co.uk MasterCard issued by MBNA Europe Bank Limited, a Bank of America Company ("MBNA"). MBNA administers the Programme on behalf of Amazon EU Sarl ('Amazon', 'our', 'us' or 'we'). References to Amazon include its subsidiary and parent companies, any subsidiary of any of its parent companies and any person to whom we transfer any of our rights or obligations under the Rules.
These Rules are an agreement between you and Amazon and are separate from your agreement with MBNA for the Amazon.co.uk MasterCard ('Card Agreement'). Unless otherwise indicated, defined terms in the Rules have the same meaning as in the terms of your Card Agreement. From time to time we may change the Rules in accordance with Clause 17. You can read the Rules by logging on to www.bankofamerica.co.uk/amazon and enrolling in MBNA's online banking service where you will find a link to the 'Rewards Website'. Changes to the Rules will be posted on the Rewards Website or sent to you in writing. You are responsible for reviewing the Rules and being aware of any changes.
1. Accruing Points. Each Cardholder may earn Amazon.co.uk rewards points ("Point(s)") by using the Amazon.co.uk MasterCard to make eligible Card Purchases. You will earn 2 Points for every £1 of Card Purchases made on the Amazon.co.uk website, and 1 Point for every £1 of Card Purchases made anywhere else. Points will start to accrue from the day your first Card Purchase is posted to your Amazon.co.uk MasterCard account ('Card Account'). Points that you have earned will be shown on your monthly statement for your Card Account ("Statement"). The Rewards Website also will show your available Points earned from card purchases after the transaction is posted to your Card Account. Any Points will accrue as on the date a Card Purchase is posted. Accrued Points may be reversed if the Card Purchase is later reversed or invalidated. If, in a Statement period, the total number of Points reversed for any reason is greater than the number of Points earned, then a negative Points balance will be displayed on your Statement, and Points earned thereafter will first be applied against any such negative balance until a zero balance is achieved.
2. Eligible Purchases. 'Card Purchases' only include legitimate transactions for the purchase of goods or services using your Amazon.co.uk MasterCard. Card Purchases do not include cheque transactions, balance transfers, cash advances, money transfers or cash transactions (including cash substitute transactions such as casino and gambling type transactions). Any refund or adjustment made to a Card Purchase will result in the equivalent Points being deducted from the Points balance. Points are not earned on finance charges, interest payments, payment protection cover and fees. Unauthorised or fraudulent transactions (including, but not limited to, those made with a lost, stolen or cancelled card) do not earn Points. We reserve the right to withdraw any Points issued in error for these or any other activities.
3. Redeeming Points. For every 1000 Points you earn, we will deduct the Points from your Statement, credit your Amazon.co.uk account with a £10 Amazon.co.uk Gift Certificate ('Gift Certificate'), and send you an email notice about the reward. Gift Certificates may be used to make purchases on the Amazon.co.uk website and are subject to our terms and conditions posted on www.amazon.co.uk/gp/gc/ (the 'Gift Certificate Terms'). Gift Certificate will expire on the date listed in the e-mail notice. Gift Certificates are not refundable.
4. Points Restrictions. Points have no cash value, are non-negotiable, and cannot be redeemed for any benefit except for Gift Certificates. Points are not the property of you or any other person and may not be brokered; bartered; attached; pledged; gifted; sold, or transferred under any circumstances, including, but not limited to: disability; death; upon operation of law, or in connection with any legal proceedings. Your Points may not be combined with anyone else's Points and Points cannot be transferred between Card Accounts. You are responsible for determining any tax liability arising from your participation in the Programme.
5. Membership Eligibility. Your membership in the Programme will commence when your Card Account is opened. To remain in the Programme and earn Points, your Card Account must be in good standing so you may not be in breach of your Card Agreement (so, for example, if you are late making any payment due, you will be unable to earn Points until you have made that payment). If you or MBNA terminate or close the Card Account, any points that have not been redeemed ('Unused Points') will be forfeited. If you or any other person(s) acting with your permission or acquiescence engages in any act of fraud, any breach of these Rules and/or any breach of the Gift Certificate Terms, we may (a) disqualify you from participation in the Programme, and/or (b) refuse to award or permit redemption of Points, and in either case any Unused Points will be forfeited.
6. Termination. We may, in our sole and absolute discretion, withdraw the entire Programme or remove the Programme from selected Cardholders, by giving 30 days prior written notice of our decision, in which case any Unused Points under the withdrawn Programme or accrued by the selected Cardholders (as the case may be) will be immediately and irrevocably forfeited.
7. Disputes. Discrepancies about Points earnings are not treated as credit card billing disputes. Our decisions regarding Points discrepancies will be final.
8. Programme Changes. We may change or limit any aspect of the Rewards Programme; amend the Rules, benefits or features, in whole or in part; may discontinue or replace the provision of Gift Certificates with a similar reward of equal or greater value; may modify, delete or terminate any or all of the Programme, the Rules or any portion thereof, any or all of the participating partners, rewards, benefits, or special offers, at any time. Changes may affect outstanding transactions and Points and may include, but are not limited to, the number of Points required to receive Gift Certificates or any other reward, the type of transactions qualifying for Points, the type of rewards, and the maximum number of Points earned per month or year, or otherwise, if applicable.
9. Limitation of Liability. Neither Amazon, MBNA, nor the sub-contractors of either such party will be responsible for indirect, special or consequential loss, loss of profits, economic loss, loss of goodwill or loss of reputation in connection with or arising out of the receipt (or non-receipt), ownership (or non-ownership) or use of any reward. The aggregate liability (whether in contract, tort or otherwise) for loss or damage of each of Amazon and its sub-contractors will be limited to the actual value of the Gift Certificates or other applicable reward in relation to any claim or series of claims arising out of or in connection with the receipt (or non-receipt), ownership (or non-ownership) or use of the Gift Certificates or other reward. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction or unauthorised access to, or alteration of Points accrued and redeemed or other Programme activities. Amazon and its sub-contractors will be severally liable under these Rules. Nothing in the Rules will operate to exclude or limit liability for: personal injury or death caused by negligence of Amazon or its sub-contractors; fraudulent misrepresentation; or any liability which may not be excluded under law.
10. Notices. You agree to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect any applicable statutory rights. We are not responsible for delayed or lost correspondence, sent by post or any other form of delivery, including e-mail. You are responsible for ensuring that you maintain a current email address with us.
11. Law and Venue. These Rules will be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City. There is no specific out-of-court complaint and redress mechanism for the Programme. You can contact us about the Programme by visiting www.bankofamerica.co.uk/amazon. If any of these conditions is deemed invalid, void, or for any reason unenforceable by a court, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Our registered address is at 5 Rue Plaetis, L-2338 Luxembourg, company registration No. B-101818 and Business License Number: 104408)