The One4all Employee Christmas Club scheme (the “Scheme”) is a One4all Gift Card purchase plan operated by GVS Gift Voucher Shop DAC (“GVS”) in conjunction with your Employer. You have agreed to, and your Employer has agreed to facilitate, a weekly or monthly deduction of a specified amount directly from your net salary (post tax) (“Deducted Funds”). Deducted Funds will be used to provide you with One4all Gift Cards on a Nominated Date (as defined below). Deducted Funds shall be placed in a bank account maintained by GVS. GVS will provide customer service and certain other administrative functions in respect of the Scheme. At the Nominated Date you will receive One4all Gift Cards to the value of the Deducted Funds plus a two percent (2%) top up.
Prior to drawdown of the Deducted Funds onto One4all Gift Cards, your Deducted Funds are held in a segregated and secure GVS Client Account (“Client Account”) in consideration for GVS’ obligation to load them onto One4all Gift Cards on the Nominated Date. They are not electronic money or “e-money” and in addition these funds are not protected by the Irish Deposit Guarantee Scheme.
On the Nominated Date your Deducted Funds that have been reserved for you in the Client Account will be transferred to our e-money issuer GVS Prepaid (Europe) Limited (“GVSPE”) and, along with your two percent (2%) top up, issued onto One4all Gift Cards. From that point the funds are electronic money as defined in the European Union (Electronic Money) Regulations 2011 and as such will be held in a segregated, safeguarded account. You can choose to pay any amount from €15, in multiples of €1, into the Scheme. There is currently no maximum amount. We do, however, reserve the right to review and cap the amount of deductions at our sole discretion.
Interest will not be payable on any Deducted Funds held by GVS for the purpose of the Scheme.
- a) “Agreement” means the agreement between you, your Employer and GVS which includes these terms and conditions.
- b) “Customer Due Diligence” means personal documentation supplied by you to us to a to enable us to confirm your identity and to comply with the provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended from time to time.
- c) “Data Protection Laws” means all applicable Laws relating to data protection, the processing of personal data and privacy, including:
- the Data Protection Act 2018;
- the EU’s General Data Protection Regulation (2016/679) (“GDPR”) and any national implementing laws, regulations and legislation which amends, re-enacts or replaces it in Ireland ;
- the European Communities (Electronic Communications Network and Services) (Privacy and Electronic Communications) Regulations 2011, together with any legislation which replaces it; and
- the Data Protection Acts 1988-2018 and at all times, any other data protection laws and regulations applicable in Ireland.
- d) “Employer” means your employer who has agreed to facilitate your participation in the Scheme.
- e) “GVS”, “we” or “us” means GVS Gift Voucher Shop DAC, a designated activity company having its registered office at One4All Unit 2 Swords Business Park, Swords, Dublin K67 PX82
- f) “Nominated Date” means the date in each year of operation of the Scheme as selected by you and agreed with your Employer and GVS on which you will receive your One4all Gift card(s).
- g) “Term” means the period in which the Deducted Dunds are paid to GVS. The term will run from the first deduction from your salary until the Nominated Date .
- h) “You” (or “you”) and “Your” (or “your”) means the employee participating in the Scheme.
- i) “Website” means the One4all website at one4all.ie.
- SCHEME TERMS
You acknowledge that by applying to participate in the Scheme, you accept the Terms and Conditions set out in this Agreement.
2.2 Salary Deduction
You understand and agree that the amount you have stated on your Scheme application form will be deducted on a weekly/monthly basis from your salary (post tax) and paid to us as pre-payment in consideration for our obligation to reserve those funds for issuance onto One4all Gift Cards on the Nominated Date. Your Employer may permit you to increase or decrease your Scheme payments on dates selected by the Employer.
2.3 Restrictions on use of Scheme
If at any time:
(i) You are in breach of the terms of this Agreement; or
(ii) We have reasonable grounds to suspect fraud, theft or dishonesty;
We will be entitled to take such steps as we consider reasonably necessary to restrict your right to access the payments without prior notice to you.
2.4 Drawdown of One4 All Gift Cards
2.4.1 You understand that the One4all Gift Cards you pay for using Deducted Funds will be available to draw down by you only on the Nominated Date.
2.4.2 GVS agrees to maintain the Deducted Funds in a Client Account (as set out above) as pre-payments and to apply a top up of two percent (2%) to those funds to be included in the drawn down onto the One4all Gift Cards on the Nominated Date.
2.4.3 One4all Gift Cards will be issued to you by our e-money issuer GVS Prepaid (Europe) Limited (“GVSPE”) to the value of the Deducted Funds which are equal to all funds received from you under the Scheme plus the two percent (2%) top up.
2.4.4 If you leave the Scheme before the Nominated Date you can drawdown your One4all Gift Cards prior to the Nominated Date on the service of at least one (1) month’s prior written notice to your Employer. Such One4all Gift Cards will only include the amount of your Deducted Funds as at the agreed drawdown date and you will not be entitled to receive the two percent (2%) top up.
2.4.5 There is no cash refund alternative available to you under this Scheme. Your Deducted Funds may only be redeemed in exchange for One4all Gift Cards.
You will not be entitled to any interest on Deducted Funds.
2.6 Special Offers
We reserve the right without notice to amend or withdraw any discounts, top ups, promotions or special offers provided to Scheme participants by us or a retail partner when requested to do so by the retail partner providing the discount promotion or special offer.
2.7 Data Protection
In performing our obligations under this Agreement we will process your personal data in accordance with our Privacy Notice. You can see a copy of our Privacy Notice on our Website and it includes details of the personal data that we collect, how it will be sued, and who we pass it to. Please make sure that you read this before submitting your Scheme application form.
2.8 Statement of Account
2.8.1 We will not issue any statement of account in relation to your Scheme Deducted Funds or One4all Gift Cards Issued under the Scheme.
2.8.2 Details of your Deducted Funds and issued One4all Gift Cards will be available by logging onto your online Scheme account using logon details provided by us or by calling us on (01) 870 8111 during normal business hours.
Terms and Conditions regarding the redemption of One4all Gift Cards are set out in the Agreement of the One4all Gift Card available on our Website one4all.ie.
- 10 Responsibility
We will not take responsibility for any information or data we receive from your Employer that may subsequently prove to be factually inaccurate, resulting in delay of transfers of Scheme payments to your Scheme account or which may result in your Scheme account being debited due to overpayment.
2.11 Customer Due Diligence
We may at our discretion and from time to time request that you provide Customer Due Diligence documentation to us. If this information is not provided as requested before the Nominated Date, we reserve the right to withhold the issue of One4All Gift Cards after the Nominated Date and issue One4All Gift Cards only after adequate Customer Due Diligence documentation has been provided.
Section 3. General
3.1 We will not be liable for any delay or failure in performing any of its obligations in respect of the Scheme where such delay or failure occurs because of any circumstances beyond our reasonable control.
3.2 The accounts and records kept by us or on our behalf shall, in the absence of an obvious error, constitute sufficient evidence of any facts or events relied upon by us in connection with the Scheme.
3.3 We may disclose details of the Scheme to any person acting as our agent in connection with the Scheme.
3.4 This Agreement shall be governed by and construed in accordance with Irish law and the parties submit to the non-exclusive jurisdiction of the courts of Ireland.
3.5 We may record or monitor phone calls with you for training purposes and to assess whether service standards are being met.
3.6 We may assign or transfer to any other person any or all of our rights or obligations under this Agreement. We may do so without telling you but your legal rights will not be affected, and your obligations will not be increased as a result. You may not assign or transfer any of your rights or obligations under this Agreement without our written agreement.
3.7 The waiver by us of any breach of this Agreement by you shall not prejudice our rights or operate as a waiver of any subsequent or continuing breach.
3.8 In the event that the Scheme is terminated (by us or by the Employer) for whatever reason, we shall be liable to issue One4all Gift Cards to you to the value of the remaining balance of the payment received into the Scheme on your behalf and shall have no other liability whatsoever to you provided always that this clause shall not be interpreted as excluding or limiting our liability to you where it would be unlawful to do so. Please note you will not be entitled to receive the 2% top up when the Scheme is terminated in these circumstances.
The One4all Gift Card is issued by GVS Prepaid (Europe) Limited. GVS Prepaid (Europe) Limited is regulated by the Central Bank of Ireland.