Terms and conditions

Lifestyle Floors T&Cs

TERMS AND CONDITIONS OF MY REWARDS 2022: LIFESTYLE FLOORS

These are the terms and conditions ("Terms and Conditions") for My Rewards 2022 (the "Scheme"), a loyalty Scheme for trade customers of HFD Ltd t/a Lifestyle Floors, a company incorporated in England and Wales under number 2674152 whose registered office is at 1 Gorsey Lane, Coleshill, B46 1LW ("Lifestyle Floors"). The Scheme is administrated by Park Retail Limited t/a Appreciate Business Services, a company incorporated in England and Wales under number 00402152 whose registered office is at Valley Road, Birkenhead, Merseyside, CH41 7ED (the "Administrator").

Please read these Terms and Conditions carefully and make sure that you understand them before registering for the Scheme. In particular your attention is drawn to clauses 6 (Liability), 7.1 (Termination) and 8.3 (Making Changes to the Scheme).

By completing the online registration form for the Scheme at www.my-lifestyle-rewards.co.uk ("Website") and by participating in the Scheme, the Member (as defined below) and any nominated representative of the Member ("Nominated User"), agrees to be bound by these Terms and Conditions and the Terms of Use, Privacy Policy and Cookie Policy applicable to the Website.

Any failure to follow the Terms and Conditions, any abuse of the Scheme, any conduct detrimental to the interests of either Lifestyle Floors or the Administrator, or any misrepresentation of any information furnished to Lifestyle Floors may result in the termination of a Member's participation in the Scheme, the cancellation of Rewards or benefits, or both.

1. THE SCHEME

1.1 The Scheme commences on 1st January 2022 and shall run until 31st December 2022 (with the exception of the 4th quarter reward payment if applicable, see clause 5.9).

1.2 The Scheme may be operated on behalf of Lifestyle Floors by such third-party suppliers as are appointed by Lifestyle Floors from time to time.

1.3 This Scheme is applicable to Lifestyle Floors retailers that own and display in their retail premises at least one paid-for Lifestyle Floors point of sale display ("Lifestyle Floors Retailers") and register in accordance with the process set out below ("Members").

1.4 Save where otherwise agreed by Lifestyle Floors in writing, the following are not entitled to be Members of the Scheme:

1.4.1 retailers who no longer own and display in their retail premises at least one paid-for Lifestyle Floors point of sale displays;

1.4.2 any person officially connected with the Scheme; or

1.4.3 Lifestyle Floors Retailers who have or have had bad debt with Lifestyle Floors or any other HFD Ltd business.

2. REGISTRATION

2.1 In order to participate in the Scheme, Lifestyle Floors Retailers must register online at www.my-lifestyle-rewards.co.uk

2.2 Registration is completed when confirmed by Lifestyle Floors by email.

2.3 Members will need a valid email address to register together with a mobile or landline number and postal address.

2.4 On registration, the Lifestyle Floors Retailers must provide the following details:

2.4.1 Lifestyle Floors unique number as provided in the registration letter; and

2.4.2 details of the Nominated User authorised to complete the registration on behalf of the Member, including but not limited to; full name, email and postal address.

2.5 Lifestyle Floors Retailers will not be able to access the Scheme until the online registration has been completed.

2.6 Lifestyle Floors may require a new online registration form to be completed at any time as reasonably necessary.

2.7 Members are only entitled to one My Rewards account, regardless of the number of retail outlets owned by the member. Lifestyle Floors reserves the right to refuse, merge or close additional accounts at any time.

2.8 Memberships will renew automatically at the end of each year provided that the Member accepts any updated Terms and Conditions. If Members would like to opt out of the Scheme at any time, please contact Lifestyle Floors using the Contact Us page on www.my-lifestyle-rewards.co.uk

2.9 The My Rewards account is not transferable and can only be used by the Member who is the Nominated User.

2.10 Members must register their details and keep Lifestyle Floors informed of any changes. Lifestyle Floors will not be responsible for any lost, delayed or undeliverable communications and/or for any loss of My Rewards reward values incurred as a result of out-of-date details.

2.11 No third party or joint registrations will be accepted and only one registration per Member will be accepted, regardless of the number of retail outlets owned by/under the management of the Member.

2.12 Members' registration details must be kept strictly confidential. Members shall not make their details available to any third party who is not a Member or assist any unauthorised third parties in obtaining access to the Scheme.

3. MEMBERS

3.1 If the Member is acting as an individual or a partnership, the Member must be 18 years of age or over and a UK resident for the entire period for which he/she is a Member.

3.2 If the Member is a limited company or another entity with a separate legal identity the Nominated User must:

3.2.1 be aged 18 or over;

3.2.2 confirm, by completing the online registration form on the Website, that he or she:

(a) is the Nominated User of the Member;

(b) has the authority to bind the Member on whose behalf the Nominated User completes the online registration (i.e. the account holder); and

3.3 It is a condition of entry and participation in the Scheme that all information given is true, accurate and up-to-date.

3.4 It is the Member's obligation to update (or ensure that the Nominated User updates) any information submitted on registration and to ensure that the Member's details (and the Nominated User's details) remain accurate and up to date.

3.5 Once verified by Lifestyle Floors all Rewards (as defined below) will be uploaded to the Member’s My Rewards Account in the form of a rewards balance.

3.6 The rewards balance can be exchanged for Love2hop gift cards in the My Rewards catalogue, which is hosted and managed by the Administrator and is accessible to the Member online at www.my-lifestyle-rewards.co.uk within the Member’s account.

3.7 The My Rewards catalogue is limited to physical and digital Love2shop gift cards only.

3.8 If the Member (or its Nominated User) fails to provide all of the requested information, the Member may be disqualified and not permitted to participate in the Scheme.

3.9 Lifestyle Floors is not responsible for incomplete, unclear, incomprehensible or inaccurate entries to the Scheme. Such entries will be void.

3.10 It is the Member's responsibility to keep secure any information that might identify the Member and/or its Nominated User. Neither Lifestyle Floors nor its agents or suppliers shall be responsible or liable in any way if a person is unable to spend any My Rewards balance as a result of the Member and/or the Nominated User not taking proper care of the Member's My Rewards account details.

3.11 If the Member and/or their Nominated User loses or accidentally reveals their log-in details, it is their responsibility to change the password and/or follow the instructions on the My Rewards Contact page.

3.12 The Scheme account remains the property of Lifestyle Floors which may, at any time, terminate the Scheme or alter or amend the Terms and Conditions of operation of the Scheme.

3.13 Members shall not use the Scheme to access, store, distribute or transmit any Viruses, or any material that;

3.13.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, Infringing, harassing or racially or ethnically offensive;

3.13.2 facilitates illegal activity;

3.13.3 depicts sexually explicit images;

3.13.4 promotes unlawful violence; or

3.13.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability.

4. MY REWARDS

4.1 Lifestyle Floors Retailers who register for the Scheme (or have their registration renewed) will be given a sales target for 2022 which shall be calculated in accordance with this clause 4 ("Sales Target"). The 2022 Sales Target for Lifestyle Floors Retailers that registered for the Scheme in 2021 will start on 1 January 2022. The 2022 Sales Target for Lifestyle Floors Retailers that register for the Scheme in 2022 will start from the first day of the month in which they register, unless the Lifestyle Floors Retailer requests to backdate its Sales Target in accordance with clause 4.3.

4.2 Each Member's 2022 Sales Target will be calculated in accordance with the sales targets and rewards matrix set out in clause 4.5 and as follows:

4.2.1 If the Member was a Member of the 2021 Scheme that has had its Membership renewed, its 2022 Sales Target shall start on 1 January 2022 and shall be based on its Qualifying spend with Lifestyle Floors in 2021;

4.2.2 If the Member was not a Member of the 2021 Scheme (a “New Member”):

(a) if the Member was a Lifestyle Floors Retailer in 2021, their 2022 Sales Target will be based on their Qualifying Spend with Lifestyle Floors in 2021. The 2022 Sales Target will start from the first of the month in which they joined the Scheme and will be based on their Qualifying Spend on Lifestyle Floors in 2021 for the same period. For example, if the Member joins the Scheme on 20 August 2022, then its 2022 Sales Target will be based on its Qualifying Spend from 1 August - 31 December 2021;

(b) if the Member was not a Lifestyle Floors Retailer in 2021 or had zero sales in 2021 for any reason, their 2022 Sales Target will be subject to a minimum of £3,000 on qualifying Lifestyle Floors products in 2022 (or such lesser amount calculated on a pro-rata basis for the remainder of 2022 where the Member joins during 2022).

4.3 Up until the 29 April 2022, a new Member can opt to backdate their 2022 Sales Target to 1 January 2022 by notifying Lifestyle Floors by completing the 'Contact Us' page on www.my-lifestyle-rewards.co.uk. If the new Member opts to do this then its 2022 Sales Target will be based on their Qualifying Spend on Lifestyle Floors from 1 January 2021—31 December 2021. No backdating of the 2022 Sales Target will be accepted after 29 April 2022.

4.4 If you have any questions about your 2022 Sales Target or the Scheme in 2022, please contact Lifestyle Floors by completing the 'Contact Us' page on www.my-lifestyle-rewards.co.uk.

4.5 The sales target and rewards matrix for My Rewards 2022 is as follows:

My Rewards

Lifestyle Floors Retailer's Qualifying Spend in 2021*	Member's 2022 sales growth target required to unlock their rewards	Member's potential reward in 2022 on sales over and above 2021 sales
£1 - £9,999	+ 50% growth	5% reward
£10,000 - £29,999	+ 20% growth	5% reward
£30,000 - £49,999	+ 10% growth	5% reward
£50,000 - £99,999	+ 5% growth	7.5% reward
£100,000 and over	+ 3% growth	7.5% reward

* The Lifestyle Floors Retailer's actual Qualifying Spend in 2019 will be determined by Lifestyle Floors in accordance with clauses 4.2 and 4.3.

* The Lifestyle Floors Retailer's actual Qualifying Spend in 2021 will be determined by Lifestyle Floors in accordance with clauses 4.2 and 4.3.

For example:

if a Member's Qualifying Spend on Lifestyle Floors from 1 January to 31 December 2021 was a total of £5,000, (and that member requested a backdate in line with clause 4.3) then that Member will have a 2022 Lifestyle Floors sales target of £7,500 (50% growth). If the Member spends £20,000 on qualifying Lifestyle Floors products in 2021, the Member will earn a 5% reward on £15,000 = £750 reward.

if a Member joined the Scheme in 20 July 2022 and its Qualifying Spend on Lifestyle Floors from 1 July 2021 to 31 December 2021 was a total of £10,000 then that Member will have a 2022 Lifestyle Floors Sales Target of £12,000 (20% growth) which shall be applicable on all sales from 1 July 2022 to 31 December 2022. If the member spends £20,000 on qualifying Lifestyle Floors products in this period, the Member will earn a 5% reward on £10,000 = £500 reward.

4.6 Sales targets for 2022 will be communicated to each Member after the Member has registered or its their membership has renewed. The sales targets given by Lifestyle Floors are final and Lifestyle Floors will not enter into any communication regarding sales targets.

4.7 Once a Member achieves their sales target in 2022, they will unlock their rewards catalogue where their rewards earned can be exchanged for a variety of UK physical and digital gift cards including Love2shop. Rewards will be made available to members once the My Rewards team has validated the member’s achievement of the sales target. The validation will take place within one working month of the end of each quarter.

4.8 A Member HAS to achieve their sales target before ANY rewards are unlocked.

4.9 Member sales will only be added to the Scheme once an invoice has been paid for.

4.10 Lifestyle Floors reserves the right to add or remove rewards within a Member’s Account if a discrepancy is found.

4.11 The Scheme shall only be applied to Qualifying Spend. Notwithstanding any other provision of this Agreement, "Qualifying Spend" shall:

4.11.1 include all purchases of qualifying products from the Lifestyle Floors price list (subject to clause 4.12);

4.11.2 be for the invoiced purchase price minus 2.5% settlement discount regardless of whether a Member has taken advantage of the settlement discount or not;

4.11.3 shall NOT include any Remnant Sales (i.e. any sales at a discounted price or any price not set out on the Lifestyle Floors price list;

4.11.4 shall NOT include any value added or other sales tax.

4.12 Other products may also be excluded from the Scheme at the discretion of Lifestyle Floors.

4.13 Any credits or returns will be reflected in the Members balance.

4.14 Pending Rewards or Rewards already issued may be removed or cancelled if Lifestyle Floors determines that the Rewards were collected in breach of these Terms and Conditions or were awarded in error. For the avoidance of doubt, any advice or actions of Lifestyle Floors staff that is contrary to these Terms and Conditions will not have the effect of changing these Terms and Conditions.

4.15 Lifestyle Floors reserves the right to discount or ignore any spend by a Member when calculating Qualifying Spend if in its reasonable opinion it believes such spend is not genuine. Lifestyle Floors' decision as to which spend by a Member will and will not count towards the Qualifying Spend shall be binding on the Member and will be final.

4.16 Lifestyle Floors reserves the right to disallow Qualifying Spend in any month for which payment on any Member's Headlam Account is made outside agreed payment terms. 2022 invoices will only count towards a Member's 2022 Sales Target if paid before 31 January 2023.

4.17 Details of Qualifying Spend balance and Rewards earned can be viewed online at www.my-lifestyle-rewards.co.uk within the Member's account.

4.18 Members are reminded that they retain responsibility for any tax liability arising from participation in the Scheme.

4.19 Lifestyle Floors and its agents reserve the right to correct any mistakes that are made in respect of the Qualifying Spend and/or the Rewards awarded. Any queries with the amount of Reward awarded should be submitted in writing to the address listed in the Contact Us section at www.my-lifestyle-rewards.co.uk

5. MY REWARDS ACCOUNT AND SPEND

5.1 Any My Rewards values earned according to these terms and conditions will be downloaded once a quarter onto the Members My Rewards Account. Rewards will be made available to members once the My Rewards team has validated the member’s achievement of the sales target. Validation shall take place within one month of the end of each quarter. After validation, the Member will have access to the rewards store, where they will be able to convert their rewards balance in exchange for UK Love2shop cards, e-codes or other gift vouchers that are available.

5.2 Rewards will only be made available once the Member’s sales target has been met.

5.3 All My Rewards values earned can only be used within the My Rewards reward store to claim a Love2shop gift card or Love2shop online voucher and will not be given in any other form, including, but not limited to cash, cheque, bank transfer or Headlam account credit.

5.4 When claiming Love2shop gift cards or Love2shop online vouchers, some redemption options are subject to restrictions such as specific validity periods, delivery formats or in store / online only redemption, specified by the Administrator or the Administrator's retail partners. Full details for each retailer can be found in the ‘more information’ section for all brands shown in the Scheme. Once a redemption is confirmed, it is not possible to cancel if these restrictions cannot be met, so please check carefully.

5.5 Lifestyle Floors is not responsible for the standard, quality or otherwise of any product, goods or services bought by a Member under the Scheme.

5.6 Any My Rewards values, goods or services that individuals from the Member's business receive are received purely in the capacity of any agent, acting on behalf of the Member. It is the responsibility for the Member to determine who has access to the Scheme on its behalf and any decision entitling individuals to be the recipient for the Rewards rests with the Member and not with Lifestyle Floors.

5.7 The Member agrees to make an individual participating in or receiving a Reward on its behalf aware of these Terms and Conditions.

5.8 The Member acknowledges and agrees that My Rewards values may be subject to tax and/or National Insurance. The Member shall be fully responsible for and shall indemnify Lifestyle Floors for and in respect of any VAT, corporation tax, income tax, National insurance and any other liability, deduction, contribution, assessment or claim arising from or made in connection with receipt by the Member, the Nominated User, or any individual selected to receive a Reward.

5.9 Any 4th quarter rewards earned will be paid no later than 28 April 2023.

5.10 Any My Rewards gift card shall expire on the date displayed on the card. Notwithstanding any other provision of these Terms and Conditions, any rewards that have not been spent by the expiry date shall be removed from the My Rewards gift card and shall no longer be redeemable by the Member.

6. LIABILITY

6.1 Subject to Condition 6.2:

6.1.1 Lifestyle Floors shall under no circumstances whatsoever be liable to the Member, the Nominated User or any individuals selected by the Member to receive a Reward, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any act, acts or failures of Lifestyle Floors, the Rewards Partner or other third party or have any liability for indirect or consequential loss of any kind arising under or in connection with Scheme or participation in the Scheme including (without limitation) any

(a) loss of profit

(b) loss of revenue

(d) loss of anticipated savings (whether direct or indirect); and

6.1.2 Lifestyle Floors accepts no responsibility for any loss or damage caused by the negligence of Lifestyle Floors, its servants, agents out of or in connection with the Scheme except where caused by the wilful neglect of Lifestyle Floors, its employees or agents.

6.2 Nothing in these Terms and Conditions excludes or limits Lifestyle Floors' liability for:

6.2.1 Death or personal injury resulting from the negligence of Lifestyle Floors, its employees or agents;

6.2.2 Fraud or fraudulent misrepresentation; or

6.2.3 Any matter in respect of which it would be unlawful for Lifestyle Floors to exclude or restrict liability.

7. TERMINATION

7.1 Lifestyle Floors reserves the right to amend, suspend or withdraw the Scheme, any Reward in whole or in part at any time in its absolute discretion without the need to give a reason and without prior notice or compensation. The Member's right to use any rewards not yet downloaded to a gift card will be forfeited and the Member will not be entitled to any compensation or damages from Lifestyle Floors, its agents or any third party.

7.2 Lifestyle Floors may terminate the Member's participation in the Scheme and cancel or suspend any My Rewards by notifying the Member and/or the Nominated User in writing if Lifestyle Floors reasonably believes that the Member and/or the User:

7.2.1 has acted in a way that harms Lifestyle Floors, any Lifestyle Floors group company, any of its agents or suppliers, the Scheme or any Reward Partner;

7.2.2 has engaged in any illegal or fraudulent activities;

7.2.3 has accumulated My Rewards values or generated invoices that would otherwise count towards My Rewards values dishonestly or otherwise than in accordance with these Terms and Conditions;

7.2.4 has engaged in any behaviour relating to the Scheme that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information;

7.2.5 has breached any of the terms relating to any of the Member's Headlam accounts including (without limitation) failing to pay any of the Member's accounts in accordance with the agreed payment terms; or

7.2.6 has had a zero balance on its My Rewards account for a consecutive 24-month period.

7.3 Lifestyle Floors may terminate the Member's participation in the Scheme and cancel or suspend any My Rewards values that have not been downloaded to their My Rewards Account immediately without notice in the event:

7.3.1 that any of the Member's Headlam accounts are terminated for any reason;

7.3.2 that any of the Member's Headlam's accounts is put on stop for any reason; or

7.3.3 that the Member no longer displays any Lifestyle Floors point of sale displays in their retail premises.

7.4 Members can choose to leave the Scheme at any time. By leaving the Scheme Members forfeit the right to any My Rewards values that have not been downloaded to their My Rewards account.

8. MAKING CHANGES TO THE SCHEME

8.1 Lifestyle Floors can make changes to the eligibility requirements, the benefits and the terms of the Scheme in its reasonable discretion in whole or in part, at any time, with or without notice. It is the Participant's responsibility to maintain its knowledge of these Terms and Conditions.

8.2 Material changes will be communicated via SMS, email or postal communication.

8.3 Lifestyle Floors reserves the right to withdraw or cancel the Scheme at any time giving members seven days' notice of termination in writing (via email or postal communications).

8.4 These terms are correct as 06 April 2022. Current terms are available at www.my-lifestyle-rewards.co.uk, which prevail in the case of any difference with these printed terms.

9. CONTACT

If you have any questions about the Scheme, then please go online to www.my-lifestyle-rewards.co.uk and complete the Contact Us page.

10. PERSONAL INFORMATION

10.1 Personal information obtained by Lifestyle Floors in connection with the Scheme will be used in accordance with data protection legislation and Lifestyle Floors Privacy Policy (available at www.my-lifestyle-rewards.co.uk). This policy explains what personal information Lifestyle Floors collect from Members, how and why such information is collected, stored, used and shared, Member rights in relation to personal information and how to contact Lifestyle Floors and supervisory authorities in the event of a query or complaint about the use of personal information.

10.2 Personal Information will be used to administer the Scheme, provide the Member with benefits and to keep the Member and/or Nominated User updated including by post, email and text messaging. By joining the Scheme, the Member and the Nominated User agree to receive post, email and SMS updates from Lifestyle Floors about the Scheme and its benefits. The Member and the Nominated User will not be able to opt out of receiving email updates unless the Member terminates the Scheme membership or the details of the relevant Nominated User are changed.

10.3 By participating in the Scheme, the Member and the Nominated User or individual who accepts any Reward consent to:

10.3.1 Lifestyle Floors processing their personal data; and

10.3.2 Lifestyle Floors sharing this personal data in accordance with its Privacy Policy with its third party suppliers who administer the Scheme and with any Reward Partners

11. STATUTORY RIGHTS

Nothing in these terms will affect or reduce the statutory rights of the Member of any Nominated User.

12. GENERAL

No correspondence will be entered into regarding either this Scheme or these Terms and Conditions. In the unlikely event of a dispute, Lifestyle Floors' decision shall be final.

13. ENTIRE AGREEMENT

13.1 The parties agree that these Terms and Conditions and any documents entered into pursuant to them constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

13.2 Each party acknowledges that it has not entered into these Terms and Conditions or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms and Conditions or any documents entered into pursuant to them. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the terms and conditions.

13.3 Nothing in these Terms and Conditions purports to limit or exclude any liability for fraud.

14. VARIATION

No variation of these Terms and Conditions shall be valid or effective unless it is in writing, refers to these Terms and Conditions and is duly signed or executed by, or on behalf of, Lifestyle Floors.

15. NO PARTNERSHIP OR AGENCY

The parties are independent persons and are not partners, principal and agent or employer and employee and these Terms and Conditions do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

16. SEVERANCE

16.1 If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms and Conditions shall not be affected.

16.2 If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

17. THIRD PARTY RIGHTS

A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms and Conditions.

18. GOVERNING LAW

These Terms and Conditions and any dispute or claim arising out of or in connection with the Terms and Conditions, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction over any proceedings in connection with these Terms and Conditions and the Scheme.