PREMIER PAINTERS CLUB LOYALTY PROGRAM - TERMS AND CONDITIONS:

These Terms and Conditions govern the Premier Painters Club Loyalty Program (“The Program”) operated by Regal Paints Uganda Limited (RPUL) through their channel partners in the Republic of Uganda during the period of 1 January ,2019 to 31 December, 2019.

By participating in the Premier Painters Club Loyalty Program, you will be deemed to have read, understood and accepted the Program’s Terms and Conditions.

1.0 Definitions:

1.1 “RPUL” means Regal Paints Uganda PLC.

1.2Premier Painters Club” means Regal Paints Painters Loyalty Program (“The Program”)

1.3 “You” or “Participant” or “Member” means (except as may otherwise be defined in Premier Painters Club Terms and Conditions) enrolled/registered painters or RPUL consumers in Premier Painters Club.

1.4 “Premier Painters Club loyalty points” (“The loyalty points”) means points earned by members pursuant to these Terms and Conditions up to and including 31 December, 2019

1.5 “Reward claim” means a claim by a member through redemption of Premier Painters Club loyalty points.

1.6 “Loyalty points card” means the card which contains details of the Product and Pack and has a one-time usable barcode and 10-digit alpha-numeric code with which Premier Painters Club Loyalty Points are linked.

1.7 “Regal Painters Club App” means a mobile application which is available in the Google Play Store and can be downloaded on Android-based smartphones and which contains the Premier Painters Club Loyalty Program details such as Member Profile and utilities like Banking Points with barcode scanning, details of how to acquire points, a Redemption Gift Table, Member’s Points Statement and the facility to submit a redemption request.

1.8Channel Partners” means Authorised Regal Paints dealers and distributors.

1.9 “Claim” means any action, legal claim, demand, suit, judgement or proceedings of any nature or kind whatsoever.

1.10 “Eligible Products” means a list of RPUL products as mentioned in the Product Points Table in Annexure-1.

1.11 “Intellectual Property Rights” or “IPR” means all intellectual property rights and related rights, including patents, copyright, rights in circuit layouts, registered designs, trademarks and the right to have confidential information kept confidential and any application or right to apply for registration of any of those rights.

1.12 Marketing Materials” means any advertising, promotional, marketing or consumer material or content prepared by or on behalf of RPUL or any Program Partner which:

is intended for distribution through any Regal Painters Loyalty Program (Premier Painters Club advertising, marketing or sales channel); or

in any way refers or relates to either or both of RPUL or Premier Painters Club Loyalty Program;

1.13 “Redemption Centre” means Regal Paints Depots and Regal Appointed Dealers from where a member has to collect a Redemption Gift as per the Redemption Request sent by him/her for his/her accumulated Premier Painters Club Loyalty Points.

1.14 “Gift Catalogue” means the Gifts OR Rewards Table wherein Redemption Gifts or Rewards details are given in line with Premier Painters Club Loyalty Points.

Participation:

How do I join the Program?

To join our Program, you must either register on the Premier Painters Club Loyalty Program app or sms” Premier Painters Club” to 6585 or call the RPUL Call Centre on +256206300600. Membership in the Program is by registration and subject to verification. Membership and Participation in the Loyalty Program is at the sole discretion of RPUL. Membership registration will start from 1st February, 2019 onwards.

Premier Painters Club & RPUL have the right to accept or reject any application for Membership at its sole discretion.

Each Member can have only one Membership Account. If more than one Membership Account has been assigned to a Member in error, the Member must promptly inform RPUL and RPUL may cancel the excess Membership(s). Membership is not transferable.

Employees and their immediate family members of RPUL & Insight Management Uganda limited, RPUL authorised dealerships, Directors, partners, Proprietors and their employees & their immediate family members and employees and family members of the companies’/business partners who are associated directly or indirectly in Premier Painters Club are not eligible to participate in this Loyalty Program.

2.2 How do I earn my points?

Selected RPUL products have Premier Painters Club Loyalty Points as given in the Product Points table in Annexure-1, from 1st February, 2019 onwards.

Participants can earn Premier Painters Club Loyalty Points by purchasing eligible RPUL products from any of our depots, or authorized dealers as given in the Product Points table in Annexure-1 during the period of 1st February, to 31 December, 2019.

You can use your Member ID under your Membership to earn and collect Premier Painters Club Loyalty Points through the Premier Painters Club Loyalty Program on purchasing RPUL products from any of our depots, or authorized dealers. You can also earn or collect Premier Painters Club Loyalty Points under any other initiatives or under any other program devised, introduced, offered and or managed by the Premier Painters Club Loyalty Program from time to time.

Any retrospective claim by a Member is strictly subject to the Terms and Conditions contained herein. The final discretion to award Premier Painters Club Loyalty Points on any retrospective claim rest solely with RPUL.

Adjustments will be made to the Premier Painters Club Loyalty Points accrued in the Member’s Account if there are any credit(s) or debit(s) posted to the Member’s Account, including those arising from returned goods. Any disputed transactions/billings will not be credited with Premier Painters Club Loyalty Points. The Premier Painters Club Loyalty Program and RPUL reserve the right to change, at any time without prior notice, the number of Premier Painters Club Loyalty Points where applicable.

The Premier Painters Club Loyalty Points structure may be subject to change from time to time as determined by RPUL. RPUL reserves the right to add, remove, substitute or change the Premier Painters Club Loyalty Points issuance, conversion or redemption structure from time to time at RPUL’s sole and absolute discretion.

All Premier Painters Club Loyalty Points accumulated will be reflected in the Member’s Account activities list on the Premier Painters Club App and a dedicated microsite on our website at www.regalpaints.co.ug in due course. Members may view their Premier Painters Club Loyalty Points under the activities list on the Premier Painters Club mobile app and microsite. Any disputes arising over the Premier Painters Club Loyalty Points statement must be notified to us within one (1) month from the date of the relevant statement. Members must provide RPUL with supporting documents wherever applicable to assist in settling any disputes. If RPUL does not receive any notifications within the stipulated time frame of any disputes or inaccuracies in the Premier Painters Club Loyalty Points activities list, the statement will be taken to be correct, final and binding on the Member. RPUL’s decisions on any such disputes are final and conclusive.

RPUL will issue 500 Premier Painters Club Loyalty points to all registered painters into the Premier Painters Club Loyalty Program as an introductory offer. This introductory offer expires on 30th June, 2019.

2.3 How do I bank my points?

2.3.1 All RPUL eligible products (as given in Product List & Point Table in Annexure-1) contain loyalty point cards which can be scratched and used as follows to bank your points in your membership account:

Sms RCLUB leave a space and type the 10-digit alpha-numeric code mentioned on the loyalty card to 6585 OR

If you are using a feature phone, you can call the RPUL Call Centre on Toll free number +256206300600 to bank your points OR

If you have smartphone, you can download the Regal Painters Club App from the Google Play Store and scan the barcode OR

Visit any RPUL Depot or Authorized dealers

2.4 How do I redeem my points?

All Members with a Premier Painters Club Loyalty Program account in good standing and with a minimum 2000 Premier Painters Club Loyalty Points are eligible to redeem reward(s) and may do so using the various Redemption Process implemented by RPUL. The Rewards and Redemption Program consists of various gifts as per the Gift Table given in Annexure-1.

Accumulated Premier Painters Club Loyalty Points are valid till 31st December, 2019.

When a Member redeems his Premier Painters Club Loyalty Points for any redemption items (including but not limited to RPUL Products), Premier Painters Club will proceed to deduct the stipulated number of points required for the said redemption item from the Member’s Account. Requests for redemption by Members with insufficient Premier Painters Club Loyalty Points will not be processed.

Suspected or actual fraud and/or suspected or actual abuse relating to the accumulation of Premier Painters Club Loyalty Points under the Premier Painters Club Loyalty Program may result in forfeiture of accumulated Premier Painters Club Loyalty Points, cancellation of the Member’s Premier Painters Club Member ID as well as cancellation of a Membership and the Member’s participation in the Premier Painters Club Loyalty Program.

Upon redeeming a reward, the Member releases from any and all liabilities to the Member in respect of the redemption or use of such reward redeemed under the Premier Painters Club Loyalty Program.

Premier Painters Club Loyalty Program or RPUL shall not be responsible for any defect or deficiency in the goods or services supplied by any Merchants.

Any dispute concerning goods and services received as a reward under the Loyalty Program shall be settled between the Member and the Merchant, service establishment and/or supplier that supplied the goods or services. Premier Painters Club Loyalty Program or RPUL will bear no responsibility for resolving such disputes, or for the dispute itself.

The Premier Painters Club Loyalty Points earned have no cash or monetary value.

Any redemption request made and ordered by the Member, once accepted by Premier Painters Club Loyalty Program, cannot be revoked, cancelled, changed, returned or exchanged by the Member. All Premier Painters Club Loyalty Points that have been redeemed will not be credited back into the Member’s Account.

Premier Painters Club Loyalty Program assumes no responsibility and shall not be held liable for any claims, losses, costs, expenses or damages of whatever nature resulting from the redemption of any of the rewards by Members.

All rewards redeemed are subject to availability and any restrictions may apply as to where and when the rewards can be redeemed. (Please note that the Premier Painters Club Loyalty Program or Redemption Centres may impose restrictions accordingly).

Any meals, transportation or accommodation or other arrangements made in connection with any reward redeemed under the Premier Painters Club Loyalty Program will be the sole responsibility of the Member.

Reward(s) and/or reward vouchers that have been redeemed by the Member are not exchangeable for other rewards, not refundable, not replaceable and not transferable for cash or credit under any circumstances.

The Premier Painters Club Loyalty Program will not (a) replace, or (b) assist a Member by placing a hold or freeze status on any misplaced, lost or stolen reward gifts, vouchers or tickets under any circumstances whatsoever.

Participants will be required to identify themselves through presentation of such documentation as shall be considered suitable for verification by RPUL, including but not limited to any of the following forms of identification: original Identification Card (ID) or original Passport and original Driver’s License.

RPUL shall be entitled from time to time to contact Members via electronic transmission (including, but not limited to email communication), short messaging services (‘SMS’), or via telephone correspondence, and any other means of exchange communication in respect of, but not limited to, the confirmation of transactions, whether or not Members transacted the same, Membership status, your Account, Premier Painters Club Loyalty Points, and communication on promotions with regards the Premier Painters Club Loyalty Program.

RPUL and/or the Premier Painters Club Loyalty Program shall also be entitled to send Members offers, promotional and marketing material with regards to the Premier Painters Club Loyalty Program from time to time. Any telephone calls placed by RPUL or Premier Painters Club to Members will not be deemed as unsolicited calls by Members. From time to time RPUL may monitor and/or record telephone calls for quality and tracking purposes. Members agree that the monitoring and/or recording may be done and that no additional notice or additional approval from Members is required.

All points updated by a Member are NOT FINAL and subject to verification before acceptance.

All gift or reward images shown in the Gift Catalogue are indicative. The actual gift may differ from this.

In case of non-availability of any particular gift/item for redemption, RPUL reserves the right to offer a similar gift of equivalent value.

Member obligations and responsibilities:

Members must:

Comply with these Terms and Conditions; and

Must not abuse or misuse any Premier Painters Club Loyalty Program benefits, services or arrangements accorded to the Member because of Membership, including by:

engaging in illegal or fraudulent activities;

supplying or attempting to supply false or misleading information, or making a misrepresentation to RPUL, Premier Painters Club Loyalty Program, the applicable Program Partner and any RPUL Group company;

iii. selling, assigning or transferring, or offering to sell, assign or transfer any Premier Painters Club Loyalty Rewards Benefit other than in accordance with these Terms and Conditions; or

iv. acting in a hostile, abusive or aggressive way towards the Premier Painters Club Loyalty Program or representatives of Premier Painters Club Loyalty Program or any Program Partner.

v. creating multiple Membership Accounts that each receive Premier Painters Club Loyalty Program Rewards Benefits

Each Member is responsible for regularly checking their Membership Account and keeping their Membership details up to date and must notify the Premier Painters Club Loyalty Program of any changes, omissions or incorrect details upon the Member becoming aware of them. Premier Painters Club Loyalty Program is not responsible for any failure by a Member to notify Premier Painters Club Loyalty Program of any such changes, omissions or incorrect details, or for any incorrect information notified to Premier Painters Club Loyalty Program.

Nothing in these Terms and Conditions gives rise to any transfer of Intellectual Property Rights (IPR) and Members must not use, or cause to be used, the IPR of RPUL, Premier Painters Club Loyalty Program, the Program Partner and any RPUL Group company without the express permission of RPUL, Premier Painters Club Loyalty Program, the Program Partner and any RPUL Group company.

Use of Personal data:

It is a condition of Membership of the Premier Painters Club Loyalty Program that a Member consents and authorises RPUL to collect, use, store and disclose, for the purposes described in clause 4.2, the information it provides on its application form and other information that RPUL, any Program Partner and any other RPUL Group company collects in relation to the Member's participation in Premier Painters Club Loyalty Program, including information about the Member's business, its Account Users, Benefit Earners and nominated Premier Painters Club Points Recipients.

The purposes referred to in clause 4.1 are for each of RPUL, Premier Painters Club Loyalty Program, the applicable Program Partner and any RPUL Group company to:

operate and manage Premier Painters Club Loyalty Program;

improve Member service, including by means of research, marketing, product development and planning;

market its products or services or the products or services of third parties;

facilitate any third party providing goods and services to the Member, RPUL, Premier Painters Club Loyalty Program, the applicable Program Partner and any RPUL Group company in connection with Premier Painters Club Loyalty Program; and

as otherwise provided in the RPUL Privacy Policy.

In addition to the purposes described in clause 4.2, RPUL, Premier Painters Club Loyalty Program, the applicable Program Partner and any RPUL Group company may disclose the personal information to comply with its legal obligations, including to law enforcement agencies, courts and government or regulatory bodies. Under those circumstances or where otherwise required by law, the information may be shared with others with or without that Member's knowledge or consent.

The Member must consent to the collection, use, storage and disclosure of their personal information for the purposes described in clause 4.1.

The information referred to in clause 4.1 may be transferred to RPUL’s service providers for the purposes described in clause 4.0.

If all or any part of the requested information is not provided, the services under Premier Painters Club Loyalty Program may be affected or may not be able to be provided.

On request and to the extent permitted or required by law, Premier Painters Club Loyalty Program will provide an individual access to and the ability to correct the personal information held about them by Premier Painters Club Loyalty Program.

Clause 4.0 survives the termination of these Terms and Conditions and the termination or suspension of the Premier Painters Club Loyalty Program.

General Issues, Variation & Limitation Liability:

This Loyalty Program is offered at the sole discretion of RPUL and RPUL reserves the right to vary the Terms and Conditions of the Program including but not limited to the minimum number and amount of gifts, conditions of participation etc. Subsequent modifications to these Terms and Conditions will be posted on the Regal Paints website (www.regalpaints.co.ug) or any Premier Painters Club dedicated microsite, as applicable.

In the event these Terms and Conditions are amended or varied as provided in Clause 5.1 above then a Member’s continued participation in the Program will be deemed to be an acceptance of such variation.

Participants can earn Premier Painters Club Loyalty Points by purchasing RPUL products from authorised channel partners but there is no chance of winning Premier Painters Club Loyalty Points as this is not a lucky draw, lottery or betting system.

Points earned by one Member cannot be combined with those of other Members for the redemption of gifts.

Points earned by a Member are not transferable or cannot be exchanged for cash or any other consideration.

RPUL makes no warranty, express or implied regarding phone network or internet availability to facilitate Premier Painters Club app download, account creation or updating of Member’s Loyalty Points.

RPUL and any of the officers, employees, agents, authorized dealers, distributors, Channel Partners, Program Partners and contractors of RPUL and its Group Companies will not be liable to a participant for any monetary loss or damage resulting from participation in the Premier Painters Club Loyalty Program. Without limitation, RPUL and any of the officers, employees, agents, authorized dealers, distributors, Channel Partners, Program Partners and contractors of RPUL and its Group Companies are not liable to a Member for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether RPUL has any control over circumstances giving rise to the claim or not.

Unauthorised Use of Premier Painters Club Loyalty Program Member ID:

In the event of unauthorized use of your Premier Painters Club Loyalty Program Member ID, the Member should notify RPUL through its Call Centre, email or Web form. Premier Painters Club may block the redemption function of Member’s accumulated Loyalty Points upon receipt of this notification. Members should then send a confirmation of this in writing to RPUL.

RPUL shall not be responsible or be held liable for any disputes or loss suffered by a Member in relation to any transactions incurred from unauthorized usage of your Premier Painters Club Loyalty Program Member ID.

Members shall be and remain liable for all transactions incurred from unauthorized usage of the Premier Painters Club Loyalty Program Member ID, where investigations made by RPUL reveal that said Member is a party to any actions regarding any transactions effected through the use of the Premier Painters Club Loyalty Program Member ID by any unauthorized person.

Without prejudice to RPUL’s rights and notwithstanding that a Member may have exercised all reasonable precaution to prevent the unauthorized use of their Premier Painters Club Loyalty Program Member ID, said Member shall remain liable to RPUL if they have acted fraudulently.

Disclosure of Passwords and Unauthorised Access:

If a Member wishes to update their profile and personal data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, they will need to log in to their Account and update their profile and personal data directly. These updates may take up to twenty four (24) hours before they are reflected in the Member’s Account details. The Member shall at all times keep all passwords and security codes (including but not limited to those used for verification and authorization purposes and for access into the Member’s Account) secret and shall use all reasonable precautions to prevent disclosure of the same to any unauthorized person, or third party. RPUL shall not be responsible and shall not be liable for any loss suffered or in relation to the Premier Painters Club Loyalty Points transactions on a Member’s Account (whether on the Mobile App or online at the Website, or for any unauthorized transactions from the Member’s Premier Painters Club Member ID), if the Member discloses any of their passwords, security codes, security questions, security answers or any of their personal details to unauthorized parties or third parties.

Deregistration and termination:

Members will be able to deregister themselves from the Loyalty Program by contacting RPUL Customer Service or Call Centre.

RPUL reserves the right to terminate the loyalty program at any time, without providing justification and without liability to Members. Notice will be published on suitable communication platforms and will be effective as per the timeframe provided in the notice.

RPUL reserves the right to terminate a Member’s participation in the Loyalty Program with immediate effect in the following circumstances:

Upon any detection of fraud or attempted fraud relating to a Member’s enrolment, registration, or the accrual and redemption of gifts.

Breach of any of these Terms and Conditions.

Any other circumstances (justification for which will not be provided) as may be determined by RPUL.

If a Member’s participation in the Loyalty Program is terminated under any of the circumstances set out in item 8.3 above, then the Member will lose their right to redeem their accumulated points and the same will be deemed to have been forfeited. In addition, RPUL reserves the right to take appropriate legal action as it deems necessary and to recover damages and other expenses incurred in pursuing such action.

Taxation Implications:

Premier Painters Club Loyalty Program Rewards/benefits may be subject to income or other taxes. A Premier Painters Club Loyalty Program Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which Premier Painters Club Loyalty Program Member earned Premier Painters Club Points. Premier Painters Club Loyalty Program OR RPUL will not be liable for any tax liability, duty or other charges in connection with the issuance of Premier Painters Club Points, Premier Painters Club Rewards and other Premier Painters Club Member benefits.

Premier Painters Club Loyalty Program recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax implications, for example fringe benefits tax (if applicable), for which they may be liable in relation to their Membership of Premier Painters Club Loyalty Program and their earning and use of Premier Painters Club Points or other Premier Painters Club Rewards Benefits.

Disputes:

These Terms and Conditions are subject to interpretation by RPUL and any questions or disputes regarding a participant’s eligibility for the Loyalty Program, the earning and redemption of gifts and a participant’s compliance with these Terms and Conditions, will be resolved by RPUL. All decisions reached will be final.

The Terms and Conditions and Membership in Premier Painters Club Loyalty Program are governed by and will be construed in accordance with the laws of the Republic of Kenya irrespective of where the application for Membership in Premier Painters Club Loyalty Program has been completed by the Member or submitted to RPUL.

In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions and/or Membership in Premier Painters Club Loyalty Program, the Member consents and agrees to submit to the exclusive jurisdiction of the Courts of Kampala, Capital of Republic of Uganda.

If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

Notification of Change:

Each Member should always ensure that they provide RPUL with their most updated and current personal particulars and information concerning their mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that the Member’s records with RPUL are kept up to date, complete and accurate. If any information supplied by a Member changes during the course of their Membership with Premier Painters Club, the Member shall promptly update their Account accordingly (especially with regards mailing, permanent, correspondence or office address, electronic mail address or contact number) to enable RPUL to update these details in their records. Failure to do so may result in information requested by a Member via mail regarding the Premier Painters Club Loyalty Program being sent to the wrong person or wrong address. Any notice given by RPUL shall be deemed given to a Member if sent by electronic or postal mail to the last known mailing/correspondence address of the Member as shown on RPUL’s records.

Conflict between English Text and Other:

If there is any conflict or discrepancy between the English text of Terms and Conditions of this Agreement and any translation thereof, the English text shall prevail.

ANNEXURE-1

1.0 PRODUCT LIST AND POINTS TABLE:

 

PRODUCT DESCRIPTION

POINT PER LITRE/KG

30 KG

 

Regal Ruff AND Tuff

15 PerKG

 

450

 

 

 

 

1 LITRE

4 LITRE

20 LITRE

1

Regal Silicone Ultraguard

 

15 Per Ltr

15

60

300

2

Regal Weathershield

10 Per Ltr

10

40

200

3

Regal Permaguard

10 Per Ltr

10

40

200

4

Regal Silk Vinyl Emulsion

10 Per Ltr

10

40

200

5

Regal Luxury Matt

10 Per Ltr

10

40

200

6

Regal Super Gloss Enamel

10 Per Ltr

10

40

200

7

Rainbow Emulsion & Rainbow Undercoat

5 Per Ltr

5

20

100

8

Rainbow WaterBased in Jerry cans

5 Per Ltr

 

 

100

 

RAINBOW OULBASES

1/4

1/2

1 LITRE

4 LITRE

20 LITRE

9

Rainbow Gloss

1

2

5

20

100

10

Undercoat

X

X

5

20

100

11

Varnishes

1

2

5

20

100

12

Red Oxide Primer

1

2

5

20

100

13

Roof & Floor

X

X

5

20

100

2.0 GIFT TABLE:

 

POINTS

REWARD ITEM

2000

Airtime for 20,000 Ugx (MTN, Airtel or Africel)

3000

9’ Roller and Tray + 6’ Brush

5000

Techno 349 Mobile Phone

7000

Techno 350 Mobile Phone

13000

Water Tank Plastic 200L

16000

Logic Electric Fan

18000

Water Tank Plastic 300L

20000

Water Tank Plastic 500L

25000

Sony Hoofer Music System

26000

Tecno K72 Mobile Phone

30000

Painters Aluminium Ladder 6m

50000

4’ Ring Gas cooker Blue Frame (Delfy)

70000

32’ Flat Screen (Hiscense)

100000

22’ Cu Fridge/Freezer (Delfy)

120000

Samsung S7 Edge Galaxy

300000

Fridge/Freezer 22’ Cu ft

300000

TVS HX 100 Motor Bike

300000

Mahindra ‘ARRO’ Motor Bike