THE KHT ADVANTAGE SCHEME: GENERAL TERMS AND CONDITIONS
1. introduction
1.1 The KHT Advantage scheme provides a range of rewards, (including the opportunity to be automatically entered into prize draws) (the “Prize Draws”) discounts, support and information. The details of these and other aspects of the scheme are provided in the Advantage Guide. What follows are the terms and conditions (the “Terms of Membership”) that govern the provision of those benefits. Please make sure you read them carefully as, in consideration of the benefits provided under the KHT Advantage Scheme, you hereby accept and agree to be bound by these Membership Terms.
2. changes to the terms of membership
2.1 Knowsley Housing Trust (“KHT” or “we”) may revise these Terms of Membership at any time and some provisions may also be superseded by provisions or notices published elsewhere. A copy of these Terms of Membership can also be found on the advantage website at www.k-h-t.org
2.2 KHT, at its sole discretion further reserves the right to replace, suspend or and terminate any part, or the entirety, of the KHT Advantage scheme.
3. Eligibility
3.1 Discount Card
All KHT tenants (“Tenants”) including Tenant Employees and Tenant Board Members are eligible to use and participate in the KHT Advantage Discount Card Scheme on terms provided by Countdown, highlights of which are set out, for information only, in Section 7 below. Only one discount card will be available per household.
3.2 Prize Draws
Each Tenant primarily responsible for a tenancy (the “Lead Tenant”) will be automatically entered into a periodic “Prize Draw” provided that:
3.2.1 the Lead Tenant has held a tenancy with KHT for at least 12 months, prior to the Prize Draw;
3.2.2 no outstanding rent is due, at the time their prize draw takes place (whether such sums are met by Housing Benefit payments or otherwise);
3.2.3 neither the Lead Tenant, nor any member of their household, or any visitor to the property is being investigated (as a result of supporting evidence) or has been found to be in breach of the tenancy agreement as a result of anti-social behaviour. The civil standard of proof will apply to any such investigations, in other words breach will be established on the balance of probability;
3.2.4 no other form of anti-social behaviour or injunction order has been made against the Lead Tenant or any other household member;
3.2.5 access has been given for a gas service on the first visit by KHT
3.2.5 all necessary access has been provided to the Lead Tenant’s property to carry out electric safety checks and servicing, or as otherwise reasonably required by KHT, during the last 12 months of the tenancy; and
3.2.6 there has been no other breach of the terms of the tenancy agreement.
3.3 Involvement Rewards
To be eligible for the Involvement Rewards Prize Draw you must have taken an active part in, or been a member of, one of the following community organisations within the last 12 months:
3.3.1 the Tenant Federation;
3.3.2 KHT 200;
3.3.3 the Tenant Inspection Group; or
3.3.4 the KHT Focus Group.
3.4 Direct Debit
To be eligible for this incentive, you must have switched to pay your rent by direct debit between 1st May 2010 and 31st October 2010. You must have also made one clear payment of rent by direct debit and following that, continue to pay rent by direct debit.
3.5 Advantage Infoline
The Advantage Infoline is available to the Lead tenant and their immediate family. Immediate Families’ shall mean the spouse or partner and any brother, sister, parent, legal dependents of an Eligible Tenant (excepting children under the age of sixteen) who are residing in the same household as the Eligible Tenant and any legal dependants of the Eligible Tenant who are aged from 16 to 20 years old inclusive and in full time Education.’
3.6 Energy Efficiency Team
The Energy Efficiency Team provide free home energy audits. This service is only available to KHT Tenants.
3.7 Future Job Fund Opportunities & Knowsley Work Plus
Future Job Fund Opportunities is a scheme being offered by the Job Centre and Fusion 21 in partnership with KHT. All eligibility and referral criteria are set by the job centre and KHT has no responsibility for any decisions that are taken in this respect.
Knowsley Work Plus is a scheme aimed at helping people find work and anyone living in Knowsley who is over the age of 16 and either unemployed or on notice of redundancy is eligible.
3.8 The ‘Veggie Van’ & Knowsley Community Recycling Services
The ‘Veggie Van’ and Knowsley Community Recycling Services are available to KHT Tenants and all Knowsley residents..
3.9 Prescott Oasis Assisted Gardening Services
Oasis Gardening Services offer discounted rates to KHT Tenants but standard rates are also available to all Knowsley residents.
3.10 Handyperson Services
KHT Care and Repair Team will make Handyperson Services available to KHT Tenants who are older, disabled or vulnerable as well as low income families at a discounted rate for a maximum of two hours at a time.
3.11 Age Concern
Age Concern Knowsley will provide home care services to people living in the Borough of Knowsley who are 50+ and have health difficulties or are disabled and need assistance with household chores. The ultimate decision on an individual’s eligibility rests with Age Concern Knowsley and not KHT.
3.12 Dream Schemes
To be eligible for the Dream Schemes you must be a young person aged 25 or under.
3.13 Funding for Community Projects
Funding for community projects is available to support projects that fit within the themes set out in KHT’s Community Investment Strategy. Details can be found in separate leaflets and applications for this scheme.
4. rules of the prize draws
4.1 Both Prize Draws and the Involvement Rewards Prize Draw will be held periodically.
4.2 KHT reserves the right to change the date of any particular draw, to defer or cancel the same, at its sole discretion and without any obligation to demonstrate any cause or inform Tenants of such variations or cancellation.
4.3 The Prize Draws are only open to KHT Tenants over 18 years of age.
4.4 Entry is free and no purchase is necessary. Entry is also automatic and no registration or notification is required, provided Tenants will provide any relevant information reasonably required to satisfy KHT of their eligibility.
4.5 Only one entry per household will be made and, this shall, in the case of the Prize Draws be the Lead Tenant, and in the case of Involvement Rewards Prize Draw, be the household member who qualifies as a result of their involvement in the community, as set out in Section 3.3 above.
4.6 Winners will be randomly generated and KHT’s decision shall be final, both as to whether an individual is eligible for the particular type of Prize Draw and as to the nature and award of the prize.
5. Prizes
5.1 Prizes will be determined at KHT’s sole discretion, but may include high street shopping vouchers, electrical equipment and access to a Household Make Over or the services of a Handy-person.
5.2 Winners will be selected fairly and at random and will be contacted personally by telephone, post (or email).
5.3 Where for any reason there are more winners than prizes on offer, we reserve the right to conduct a simple draw to determine the winner or winners of the prizes.
5.4 Unless specifically stated otherwise, prizes are non-negotiable, non-transferable and no cash alternative to prizes will be offered. We reserve the right (a) to substitute alternative prizes of equivalent value and (b) to amend or foreclose the Prize Draw without notice.
5.5 If the winner of a draw is unable to take up a prize for any reason, or in the event that time is of the essence, and a winner cannot be contacted by us within a reasonable period, we reserve the right to award the prize to an alternative winner, in which case the first winner chosen will not be eligible for any share of the prize whatsoever.
5.6 For the avoidance of doubt, where a prize remains unclaimed for more than 30 days, after the notification to the winner of the result, it shall be deemed to have been forfeited and we reserve the right to offer the prize to the Tenant whose name is next drawn at random.
6. General
6.1 Winners agree to co-operate with KHT’s requests and directions to publicise their benefits from KHT Advantage, as KHT think appropriate, including photographs, images and videos which may appear in publicity materials or the media.
6.2 KHT will not be liable for any circumstances that prevent the prize being available, a winner or winners being chosen, or any prize being taken up or fully enjoyed by a winner. We fully exclude liability to the extent permitted by law for any cost, claims or losses howsoever caused that arise by reason of any person’s entry into a prize draw or the award, or non-award, to them of a prize.
6.3 In the event of any error, whether printing, technological or otherwise, which affects the prize draw in any way, we reserve the right to administer the competition as though the error had not occurred.
6.4 Tenants shall be responsible for the transport, transfer or collection of any prize consisting of electrical equipment or other tangible property and any installation or other associated costs including maintenance. For the avoidance of doubt KHT accept no responsibility for any such equipment, nor for enforcing manufacturers warranties or guarantees.
7. Advantage discount card
7.1 For information we would draw your attention to the following general terms applicable to the Advantage Discount Card. However it is important to note that this scheme is run by Countdown and KHT take no responsibility for this aspect of the KHT Advantage Scheme. For further information, please contact Countdown as detailed in Section 12 below.
7.2 Please note:
7.2.1 Always check listed retailers for minimum spend or exclusions. Countdown cannot accept responsibility where disputes arise between Countdown cardholders and listed retailers.
7.2.2 Countdown cardholders may not receive savings if listed retailers change ownership, close, change or withdraw a saving at any time. Countdown strives to ensure that listed retailers are responsible and experienced; however, they will not accept responsibility for any advice given to Countdown cardholders.
7.2.3 One card will be issued per household addressed to the Lead Tenant.
7.2.4 If you cease to be a KHT Tenant you will no longer be entitled to use your Advantage Discount Card.
7.2.5 Replacement cards and participating shop booklets cannot be given so please keep your card safe.
7.2.6 Your card is valid as per the expiry date on the card.
7.2.7 You will not be able to obtain a discount without a valid card.
7.2.8 The Advantage Discount Card remains the property of KHT.
7.2.9 Countdown cannot accept responsibility for omissions, errors or any misrepresentations, that may occur.
7.2.10 The Advantage Discount Card is non transferable, is not a credit/debit card.
7.2.11 Improper use of the card may constitute fraud.
7.2.12 Discounts will not be applied retrospectively.
7.2.13 Countdown reserves the right to make changes to the Advantage Discount Card scheme as are reasonably necessary without prior notice.
7.2.14 All offers are made in pounds sterling.
7.2.15 Descriptions used within Countdown’s guide do not necessarily depict true representations of products or services offered.
8. Limitation Of Liability : YOUR Attention is Particularly Drawn to This section
8.1 This Section 8 sets out the entire financial or other liability of KHT (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Tenant in respect of:
(a) any use made by the Tenant of any of the services or benefits provided under the KHT Advantage scheme; and
(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Terms of Membership or the KHT Advantage scheme.
8.2 KHT make no warranties or guarantees in respect of the services or benefits available under the KHT Advantage scheme whatsoever and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Membership.
8.3 In particular, but without limitation to the generality of the foregoing, KHT does not guarantee and will not be responsible or liable for:
8.3.1 the nature or value of the prizes awarded in the Prize Draws.
8.3.2 the availability of the individuals providing a Household Make-Over or the Handyperson, nor the quality of their workmanship.
8.3.3 any information or support provided by the individuals staffing the Advantage Infoline.
8.3.4 the Advantage Infoline being available 24 hours a day.
8.3.5 the nature, range and value of discounts available through the KHT Advantage Discount Card Scheme.
8.3.6 the availability of the KHT Advantage Discount Card to any particular Tenant.
8.3.7 the advice guidance or support given by KHT or any partner agencies in signposting to skills training and education as part of the jobs and training part of the Scheme.
8.3.8 the availability of places for any of the jobs and training courses that are part of the Scheme.
8.3.9 the availability of the Energy Efficiency Team to visit members or any inability to increase energy efficiency or the results of any advice given.
8.3.10 any advice or information given by the Welfare Benefits Advisors under the Scheme or any affiliated scheme.
8.3.11 any information or advice given by any Debt Advisors under the Scheme or any affiliated scheme.
8.3.12 the availability of any job placement with KHT or Fusion 21 under the Future Jobs Fund Opportunities or the availability or quality of any services provided through the Knowsley Work Plus scheme.
8.3.13 the quality of any goods purchased from the Veggie Van or the availability of the service.
8.3.14 the availability of Knowsley Community Recycling Services to remove old reusable white goods or any damage to property that may result from the removal of said goods.
8.3.15 the availability of the Oasis Gardening Service, the quality of the service or any damage to property that might result from the delivery of the service.
8.3.16 any services provided by Age Concern Knowsley.
8.3.17 the availability of Dream Schemes for willing participants
8.3.18 any financial assistance or advice provided by any Credit Union referred to in any of our material. These are separate organisations.
8.3.19 the availability or quality of teaching/instruction on any of the college courses provided by Knowsley Community College.
8.4 Nothing in these Terms of Membership limits or excludes the liability of KHT:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Tenant as a result of fraud or fraudulent misrepresentation by KHT.
8.5 Subject to condition 8.2 and condition 8.4, KHT shall not be liable for loss of profit, business, anticipated savings, goods or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever.
9. Termination
9.1 Without prejudice to any other rights or remedies which KHT may exercise we may terminate your participation in the KHT Advantage scheme without liability to you if you:
(a) cease to be a KHT Tenant;
(b) breach any terms of your tenancy agreement; or
(c) you do anything to bring KHT or the KHT Advantage scheme into disrepute.
10. No partnership or agency
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11. Governing law and jurisdiction
The Terms of Membership and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
12. contact
You can contact KHT as follows:
Phone: 0151 290 7000
(Typetalk users dial 18001 0151 290 7000)
Knowsley Housing Trust,
Lakeview
Kings Business Park
Prescot L34 1PJ.
You can contact Countdown as follows:
Website: www.Countdowncard.com
Customer Services: 0870 1600 698
Please note that national rates and charges from mobile phones may vary.
The Advantage Infoline is available on:
Phone: 08081780332