IMPORTANT – PLEASE READ:
The following agreement (the “Agreement”) describes the terms and conditions (the “Terms and Conditions”) that apply to the pre-paid account of your VeloCard (the “VeloCard” or “card”). These Terms and Conditions apply to the use of your VeloCard and govern the relationship between Velo Restaurants Limited, 104 Tooley Street, London SE1 2TH (“Velo”, “we” or “us”) and you. Your use of your VeloCard will constitute acceptance of these Terms and Conditions. Please ensure that you have read and understood them before using your VeloCard. If there is any part of this Agreement you do not understand or if you have any questions, please contact us on 020 7407 9310 or at email@example.com. We recommend you print and keep a copy of this Agreement for your records.
We recommend that you register your VeloCard on our website www.velorestaurant.com (the “Website”) as this will protect any balances on your VeloCard in the event that your card is lost or stolen.
- 1. About VeloCard
The VeloCard is a pre-paid electronic contactless payment card issued by Velo. It allows you to:
– top up a monetary value onto your VeloCard for payment of future purchases in Velo’s store at 104 Tooley Street, London SE1 2TH (the “Store”). By topping up the VeloCard, you are purchasing electronic money from Velo;
– receive a discount in the form of a discretionary monetary bonus (see below, “VeloBonus”) credited to your VeloCard on each purchase paid for by your VeloCard.
– view and check online your VeloCard balances and history of purchases made using the VeloCard; and
– view on-screen in the Store items you previously purchased that were paid for by the VeloCard. These items can be simply added to your basket of a new order.
The use of the VeloCard in the Store for topping up, payment of purchases or viewing past orders is contactless, using RFID technology, i.e. by tapping it on one of the designated VeloCard readers (“RFID Reader”) in the Store, without requiring a PIN.
The VeloCard is not a credit card, debit card or charge card. It is to be treated like cash. It cannot be replaced if lost or stolen unless you have registered it and reported it on your Velo online account as stolen or lost. The monetary value that you load onto your VeloCard is a pre-payment only for the goods and services provided in the Store. No credit card, credit line, overdraft protection or deposit account is associated with a VeloCard. No interest, dividends or any other earnings on funds loaded onto a VeloCard will accrue or be paid or credited to you by Velo. The value associated with the VeloCard is not insured or guaranteed by Velo, or by any other person or entity. We reserve the right not to accept any VeloCard or otherwise limit the use of a VeloCard if we reasonably believe that the use is unauthorised, fraudulent, otherwise unlawful or wilfully breaching these Terms and Conditions.
Velo does not charge any fees for the issuance, activation, use or topping up of your VeloCard.
The VeloCard remains the property of Velo. VeloCards can only be obtained from the Store. Velo do not authorise anyone else to sell or distribute VeloCards.
Velo does not represent or warrant that your VeloCard will always be accessible or accepted at Velo’s Store.
- 2. Obtaining and Activating your VeloCard
You can obtain a VeloCard from the Store free of charge. Each VeloCard has a unique VeloCard number (the “VeloCard Number”). The card will be activated and can be used when you top up the VeloCard with a monetary value for the first time. The minimum amount for the first or subsequent top up is £3.
- 3. VeloBalance, VeloCash & VeloBonus
Each VeloCard account has two balances of electronic money: “VeloCash” and “VeloBonus”. When you top up the VeloCard, your VeloCash balance will be credited with the top-up amount. When you make purchases using your VeloCard, your VeloCash and/or VeloBonus balances will be debited (see “5. Using Your VeloCard to Pay for Purchases” below”). Velo offers a discretionary bonus scheme: Your VeloBonus balance will be increased on each purchase using the VeloCard or at any time for promotional purposes at the discretion of Velo.
The VeloCash and VeloBonus balances are valued in pound sterling, regardless of the currency used to top up the card. The sum of both balances is the “VeloBalance”, also valued in pound sterling.
- 4. Topping Up Your VeloCard
You can top up your VeloCard in the Store at any of the self-service kiosks (“SSK”) or the staff counter. At any SSK, you can pay for the top up by credit/debit cards only. At the staff counter, you can pay for the top up by credit/debit cards and by cash.
The minimum amount for each top-up is £3. The maximum VeloCash balance on any VeloCard is limited to £200 at any time. There is no minimum or maximum limit for the VeloBonus balance. Velo may change these minimum and maximum amounts at any time by notifying you at the point of sale and/or on the Website and such change shall not constitute an amendment to this Agreement.
Each top up increases the VeloCash balance by the top-up amount. The VeloBonus remains unchanged on a top up.
- 5. Using Your VeloCard to Pay for Purchases
You can use your VeloCard to pay for purchases in the Store at any SSK or at the staff counter. Your VeloBalance must be sufficient to cover the purchase amount. When you use your VeloCard to pay for a purchase, the VeloBonus balance, if any, will first be used. The full VeloBonus will be redeemed if the purchase amount exceeds the VeloBonus balance. The portion of the purchase amount exceeding the VeloBonus balance will then be debited against the VeloCash balance. If the purchase amount is less than the VeloBonus balance, then only the VeloBonus balance will be debited.
Your VeloCard is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your VeloCard (including in relation to any promotional commercial activity). For the avoidance of doubt, this shall not prevent you from giving a VeloCard as a gift, provided that such gifting is not part of or connected to any commercial activity (including any promotional commercial activity).
- 6. VeloBonus Scheme
For each purchase for which you pay with a VeloCard you may earn VeloBonus that will be credited to your VeloBonus balance instantly (“VeloBonus Scheme”). The earned VeloBonus is typically a fixed percentage of the purchase amount and may be changed by Velo from time to time. Any earned VeloBonus will be available to be used towards payment of future purchases. The VeloBonus Scheme is offered by Velo on a discretionary basis and Velo reserves the right to cancel it at any time without notice.
- 7. Checking Your VeloBalance and Activity on your VeloCard
VeloCard holders are not sent statements of itemised transactions relating to their VeloCard. You can check the VeloBalance, VeloCash and VeloBonus balances at any SSK or at the staff counter in the Store at any time. The VeloCard balances also appear on your receipt that you will receive following a transaction involving your VeloCard in the Store. If you have registered your VeloCard on our Website, you can also check your VeloCard balances and any activity of the VeloCard online (see below, “VeloCard Online”). You should keep the in-store receipts and check your online statement to ensure that your VeloCard balance is correct.
- 8. Expiry
We reserve the right to deactivate any VeloCard 12 months (“Expiry Period”) after the last transaction on the VeloCard. Transaction for this purpose is any activity that causes a change in the VeloCash balance and/or the VeloBonus balance. On deactivation of the VeloCard, any VeloCash and VeloBonus balances on the card will expire and can no longer be used in the Store or online, cannot be returned to you or transferred to another card. We therefore recommend that you either use the VeloCard at least once in any Expiry Period or, should you no longer wish to use your VeloCard, return the card in the Store for the VeloCash to be returned to you or transfer the VeloBalance on your card to another VeloCard. The time in any Expiry Period may be extended at the discretion of Velo from time to time.
- 9. Return of VeloCash and/or VeloCard
You may request that the VeloCash balance on your VeloCard be returned to you in the same value in cash by a staff member in the Store at any time. We will return your VeloCash (less any negative VeloBonus on the card) unless: a) you have topped up the VeloCard on the same day as you request the VeloCash return, b) we reasonably believe that you are engaged in an unauthorised, fraudulent or otherwise unlawful activity or c) we are prohibited from returning your VeloCash by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority. You may choose to have your VeloCash balance either fully or partially returned. Only the VeloCash balance can be returned to you; the VeloBonus balance will not be returned at any time.
When the VeloCash is fully returned to you, you may return the VeloCard to a staff member in the Store. You may also keep the VeloCard for a later use with a zero VeloCash balance.
- 10. Refunds on Purchases
Any valid refund of a purchase that was paid for by a VeloCard, will be credited to the same VeloCard. It cannot be credited to another VeloCard, paid to you in cash or credited to a credit/debit card.
The refund will first credit the VeloBonus balance with an amount up to the VeloBonus that was redeemed on the purchase that is subject to the refund. The remainder of the refund, if any, will be credited to the VeloCash balance.
Any VeloBonus earned on the purchase subject to the refund will be adjusted so as to reflect the purchase amount net of the refund.
There may be circumstances under which your VeloBonus balance becomes negative following a refund of a purchase, i.e. when the cancelled VeloBonus is greater than the current VeloBonus balance at the time of the refund. If your VeloBonus balance becomes negative, the shortfall will be added to the order amount of your next purchase.
- 11. Registering VeloCard Online & Online Account
You have the option to register your VeloCard online at the Website. When you register a VeloCard for the first time you are also creating an online account with Velo. The online account allows you to:
– register one or more VeloCards as part of the same account
– report a registered VeloCard as lost or stolen (see “Lost/Stolen Cards”)
– reactivate a registered VeloCard that was previously reported as lost or stolen
– transfer the VeloBalance from one registered VeloCard to another registered VeloCard in your online account
– edit your registration details
When you register a VeloCard online, you will be required to enter an online PIN (“Online PIN”) associated with that VeloCard. This provides additional security for the holder of the VeloCard whose VeloCard number is being registered. The Online PIN is available only in the Store: You may print out the Online PIN yourself at any SSK by tapping the VeloCard on the RFID Reader and selecting the “Print Online PIN” option or you may request a staff member at the staff counter to print the Online PIN for you. In either case, you are required to have the VeloCard with you. The Online PIN is randomly generated on each print and therefore any previously printed Online PINs become invalid once a new Online PIN is printed. The Online PIN associated with a particular VeloCard can be used only once for registering that card online and can be discarded after its use.
- 12. Lost, Stolen or Damaged VeloCards
If your VeloCard is not registered online and is lost or stolen, any value on the card will be lost. You should therefore treat your VeloCard like cash. If your VeloCard was registered online before it was lost or stolen, you can report it online by logging in to your online account. When the VeloCard is reported as lost or stolen, the card will be deactivated and it can no longer be used in the Store. You may, however, on your online account transfer the VeloBalance from the reported lost or stolen card to another registered VeloCard. If you do not have another registered VeloCard you may obtain one from the Store and add it to your online account. You also have the option to reactivate the lost or stolen card after you have found it.
If your VeloCard is damaged to the extent that it cannot be read by our RFID Reader but the VeloCard Number on the card is still legible, and regardless of whether your VeloCard is registered online or not, you may have your VeloCash returned to you or transferred to another VeloCard in the Store if so requested, but it will be subject to the discretion of our staff in the Store. If the full VeloBalance of the damaged card is transferred to another card, the damaged card will be deactivated and withdrawn.
- 13. Data protection and privacy
If you register your VeloCard on the Website you will be asked to provide certain personal information, including your name, date of birth, address, contact details and, if you top up your VeloCard online, credit card details. We are committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction.
- 14. Liability of Velo Restaurants Limited
Velo shall not be held liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, failure of network services and failure of data processing systems. To the extent permitted by law, all conditions or warranties implied by law, statue or otherwise are expressly excluded. Velo will not be liable to you for:
– any loss of income, business, goodwill or profits arising out of this Agreement;
– any unauthorised access to or alteration, theft or destruction of your VeloCard;
– the consequences of any delay or mistake relating to the use of your VeloCard caused by any circumstances beyond our control;
– any loss or damage which was not caused by our breach of this Agreement or breach of our legal duty of care;
– any loss or damage which was not a reasonably foreseeable result of either our breach of this Agreement or breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time we entered into this Agreement, such loss was contemplated by you and by us; or
– any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
This Agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact your local authority Trading Standards Department or Citizens Advice Bureau.
The Financial Ombudsman Compensation Service is not applicable to your VeloCard. Velo does not offer any other compensation schemes to cover losses claimed in connection with your VeloCard.
- 15. Variation
We reserve the right to amend or waive any provision of these Terms and Conditions from time to time and at any time. The Terms and Conditions applicable to the use of a VeloCard shall at any time be the Terms and Conditions published on the Velo Website and your continued use of a VeloCard shall constitute your acceptance of such Terms and Conditions. We will also e-mail you, if you have an online account with us, to let you know about changes to these Terms and Conditions.
- 16. Assignment
We may, by giving notice to you, transfer all or part of this Agreement without such transfer being considered a change to the Agreement. The company or other entity to whom we transfer this Agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the Terms and Conditions of this Agreement so that your rights under this Agreement are not detrimentally affected.
- 17. Entire Agreement; Construction
This Agreement (as amended from time to time) constitutes the entire agreement between you and Velo and supersedes all prior proposals and all other agreements in respect of the subject matter of this Agreement. If any provision of this Agreement is illegal or unenforceable, that provision will be deleted from this Agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this Agreement.
- 18. Governing LawThese Terms and Conditions are governed by English law.
Velo Restaurants Limited, registration number 06914402, registered in England.
Registered office: 117 Fentiman Road, London SW8 1JZ