THANK U TERMS AND CONDITIONS

WHAT IS Thank U?

 

Welcome! Thank U is a rewards program operated by Sidon Media Limited (referred to as “Thank U” or “we” or “us”). Thank U lets you earn Thank U rewards points (“Points”) by making qualifying purchases at certain retail and service companies and through other promotions and offers that may be provided by Sponsors (“Sponsors,” whom we may also refer to as “partners”) or other merchants. Fully enrolled Thank U members (“Members”) may use the Points they earn for savings at participating locations of specified Sponsors. Visit ThankUCard.co/partners for a complete list of Sponsors, as well as complete information on where you can earn and use Points. Sponsors are subject to change at any time.

There is no cost to join Thank U. However, you must fully enroll in order to use Points. You are not a Member until you have fully enrolled. Merely having a Thank U rewards card does mean you are a member, however you would need the Thank U App to track your rewards.

In most cases, you may use any form of payment (e.g., cash, credit, debit) accepted by a given Sponsor to make qualifying purchases that earn Points. You do not need a credit card to join Thank U. Neither the Thank U program nor the rewards card that Thank U provides to you is a credit card. Enrolling in Thank U will not result in an inquiry to the credit bureaus. Points that have been credited to your account for at least two years will never expire but you are advised to use it as soon as possible. For more information, see “How Can I Use Points?” below.

WHO IS ELIGIBLE?

 

To be eligible to enroll in Thank U, you must be at least 10 years of age and have a residence on planet earth. However, Thank U may only be used in the Nigeria at the moment. If you are between 10 and 15 years old, you must obtain permission from your parent or legal guardian to join Thank U. Thank U may change these eligibility requirements at any time, and reserves the right to refuse membership to any applicant for any reason, in its sole discretion.

HOW DO I BECOME A MEMBER?

 

To become a Member, you must complete the enrollment process described below. Merely having a Thank U rewards card does not mean you are a Member. You must have provided your name, phone number, and email address at that time. If you use your Thank U rewards card before you have completed your enrollment, Thank U will track the Points that you are earning, but you cannot use those Points until you fully enroll and become a Member.

When you enroll, we will ask you for certain personal information, such as your name, Sex, e-mail address, and phone number (your “Registration Information”). We will also ask you to establish a “PIN” (a four-digit security code that you will need to use Points in some instances) when you use the app to cash out and, where applicable, a username and password for online account access. You represent that all Registration Information you provide during enrollment and throughout your interactions with Thank U is true and accurate. You agree to update your Registration Information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your Thank U account and for maintaining the confidentiality of your username, password, and PIN.

Additionally, to complete the enrollment process, you must acknowledge receipt of these Terms and our privacy notices, and consent to our sharing your Registration Information with our Sponsors. You can complete enrollment via:

  • A Thank U Partner Store

  • The Thank U app on your mobile device

  • Our customer service center at +234 700 2000 000

  • Point of sale terminals at all Partners/Sponsors

Please note: Certain features of Thank U are only available online. If you have internet access, we encourage you to enroll via the Thank U iOS or Android Apps in order to access all features of Thank U.

 

CAN I EARN OR USE THANK U POINTS IF I AM NOT A MEMBER?

 

Before you fully enroll and become a Member, you are still subject to these Terms. Until you fully enroll and become a Member, you are not eligible to use Points for savings or take advantage of many great Thank U offers. However, you can still earn Points when you make qualifying purchases at our Sponsors, and we will track those Points accordingly. Once you do fully enroll and become a Member, we will then provide you with the ability to use at certain Sponsors those Points that you earned before you fully enrolled.

HOW DO I EARN POINTS?

 

Members may earn Points in various ways, which may include by:

  • Making Qualifying Purchases

  • Redeeming Offers and Promotions

  • Using Associated Payment Cards

Qualifying purchases:

Each Sponsor will have different ways for you to earn Points. You will not receive Points for: items excluded by law; shipping amounts; the value of any merchant discounts or coupons; items and services that a particular Sponsor or Thank U deems ineligible; or, in most cases, taxes. Please go to www.thankucard.co for more information about how and where you can earn Points at Sponsors, including which items or services do not constitute qualifying purchases at that Sponsor.

Purchases can generally be made with any form of payment accepted by that Sponsor, except that, in some instances, you will only earn Points if you use a linked credit or debit card. (For more information on linking, see the following paragraph.) In addition, at some Sponsors or merchants, you may need to link your Thank U account with the account that you have with that Sponsor in order to earn Points on qualifying purchases.

To earn Points on qualifying purchases, you need to present and use a Thank U Identifier prior to purchasing qualifying items or services from participating Sponsor locations. Your primary Thank U Identifier is the Thank U rewards card we issue you. Other Thank U Identifiers, which you may be able to use at select Sponsor locations, can include the key tag we provide to you, your 16 digit Thank U account number, a phone number associated with your Thank U account, the digital Thank U rewards card contained within the Thank U app, or, in some cases, your linked credit or debit card. Please visit our website for more information about which Thank U Identifiers can be used at each Sponsor and if there are any additional identifiers that can be used for a particular Sponsor.

Offers & Promotions:

Some of our Sponsors may provide you with additional ways to receive Points through offers, promotions, and other programs. Such offers and promotions may be subject to additional terms and conditions. Many offers or promotions will require activation by you on the Thank U app. Certain offers or promotions may require you to link a credit or debit card to your Thank U account and use that card to pay when you make a qualifying purchase. Where applicable, details will be provided on www.thankucard.co regarding how to link your credit or debit card.

Associated Payment Cards:

Certain payment cards associated with Thank U may be available to you (“Associated Payment Cards”). You are not required to have an Associated Payment Card to be a Member, but having an Associated Payment Card may provide you with additional ways to earn Points. Your Thank U rewards card issued to you by Thank U is not an Associated Payment Card. You will need to separately apply for any Associated Payment Card, which will require you to undergo credit approval and will be subject to separate terms. Among other things, these separate terms may describe how and where you can earn Points, whether you need to link your Thank U rewards card with your Associated Payment Card, and/or whether you need to present both your Thank U Identifier and the Associated Payment Card in order to earn Points.

 

AVAILABILITY OF POINTS

 

We will not credit Points to your account until we receive information about a qualifying purchase. In most instances, we will receive purchase information and credit Points in real time or within 48 hours. However, in some instances, it may take up to 90 days for us to receive purchase information and credit Points. Please note that, for online or shipped purchases, most merchants do not process your transaction until the item(s) ships or is delivered (not when you place the order). Similarly, travel purchases are usually not processed until after travel occurs. Thank U is not responsible for the failure or delay of a Sponsor, any other merchant, or the issuer of an Associated Payment Card, to provide us with the necessary information to credit Points to your account. Additionally, we may hold earned Points in a pending status for up to 45 days for certain purchases, such as those that have high rates of return. Pended Points will be voided if you return such items. We will determine when to pend Points at our sole discretion. If we pend Points, you will be able to see them in your Thank U account as pending, but you will not be able to use them until we release them to your Thank U account.

 

HOW CAN I USE POINTS?

 

For Savings on Purchases. Members can use Points for savings on purchases at certain Sponsors. You cannot use Points at all Sponsors. Visit www.thankucard.co to see a full list of where you can use Points. To use Points for savings, use your applicable Thank U Identifier before paying. In some instances you may also need to enter your security PIN, which you can create at www.thankucard.co or during enrollment.

To be eligible to use Points, you must have at least 10 Points in your Thank U account. Points have a fixed value. However, you will generally receive savings of at least one naira for each 10 Points you use. For example, 200 Points will generally allow you receive at least N20 in savings. However, Sponsors may run promotions that may allow you to obtain a greater amount of savings per Point. Sponsors may also set a specific number of Points for which an item can be exchanged, such as 250 Points for a soft drink. Additionally, in some instances, you may receive a savings of less than one naira for each Point you use.

 

What Happens to My Points if I Return Merchandise?

If you return an item on which you earned a certain number of Points, we may deduct up to an equivalent amount of Points from your Thank U account. For example, if you earned 20 Points for purchasing a vase and then return that vase, we may deduct 20 Points from your Thank U account. Continuing this example, if you have fewer than 20 Points in your Thank U account, we may deduct your remaining balance. If you used Points for savings on a purchase and then return the item purchased, the number of Points that you redeemed will generally be credited to your Thank U account. However in some instances you may receive a store credit instead, depending on the policies of that Sponsor or merchant. Whether or not an item that you have purchased can be returned is subject to the policies of each applicable Sponsor or merchant and applicable law. Thank U makes no representations and bears no responsibility for whether you can or cannot return any item you purchase.

If you or we terminate your Thank U account, or if the Thank U program is terminated or otherwise modified, Points may be cancelled. You may not use cancelled Points. Points will be redeemed in the order in which they were earned.

Limitations:

Points have a cash value. Points are your property. Points are issued without separate payment or other consideration by you, and exist at the sole discretion of Thank U as part of a rewards program. Points can be purchased, redeemed for cash (With some terms and conditions attached) or any other monetary value or currency. Points may not be assigned, transferred or pledged to any third party, except as stated herein. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.

 

SEPARATE TERMS AND CONDITIONS AND BENEFITS PROVIDED BY SPONSORS OR MERCHANTS

 

In addition to and independent of these Terms, Sponsors and other merchants may have their own terms and conditions, which describe specifically how Thank U works at their locations. These terms and conditions may describe things such as how you earn Points at their locations, which items are excluded from earning Points and whether or not you need to link your Thank U account with the merchant’s account in order to earn Points. In certain cases, the Sponsor or merchant may also provide you with additional benefits that are not directly related to Thank U (e.g., price discounts on certain items). Thank U bears no liability under or responsibility for any Sponsor-provided or merchant-provided terms and conditions, or for any associated additional benefits, which are offered solely by the applicable Sponsor or merchant, and may be changed or discontinued at that Sponsor or merchant’s exclusive discretion.

HOW WE USE AND SHARE YOUR DATA

Your Registration Information:

By becoming a Member of Thank U, you choose to provide us with your Registration Information, and you agree to update it from time to time so that it remains accurate. If you provide any Registration Information to a Sponsor, you authorize that Sponsor to share your Registration Information with us.

Your Account Activity:

When you participate in Thank U and/or present a Thank U Identifier, you authorize us and the Sponsor to collect information about your “Account Activity,” which may include the items or services that you purchased, any offers that you redeemed, or any other information related to your transaction, including whether you purchased over-the-counter health products or picked up a prescription from a pharmacy. However, we will not collect information about the type of prescription that you picked up from a pharmacy.

Authorization for Thank U to Use and Share Your Information:

You authorize us to use and share your Registration Information and Account Activity in accordance with the Thank U Consumer Privacy Notice and the Thank U Online Privacy Statement, each as amended from time to time, in our sole discretion. These authorizations include, but are not limited to:

  • Sharing your Registration Information with our Sponsors (though you can revoke your consent to our sharing your Registration Information at any time by going to www.thankucard.co).
  • Using your Account Activity to evaluate, develop, offer and promote our affiliates’ and our Sponsors’ products and services to you.
  • Combining your Account Activity information with that of other Members in order to create aggregated reports that we may share with our affiliates, Sponsors, or other nonaffiliated third parties.

You can obtain copies of the Thank U Consumer Privacy Notice and/or the Thank U Online Privacy Statement by clicking on the hyperlinks above or calling +234 700 2000 000.

HOW CAN I MANAGE MY ACCOUNT?

You can create an account at www.thankucard.co and view the Points that you have earned and used on the Thank U App on iOS and Android phones. If you believe there is an error in your account balance, you can contact our customer service center by visiting www.thankucard.co or call +234 700 2000 000. We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your Thank U account has been the subject of any suspicious activity, or if your Thank U card or key tag has been lost or stolen, or if you have changed your phone number, please contact our customer service center immediately at  www.thankucard.co or call +234 700 2000 000.

 

CONSOLIDATING OR POOLING ACCOUNTS

Consolidating Accounts:

If you have more than one Thank U account, you may consolidate these accounts into a single account, provided that you have fully enrolled at least one of the accounts. The account you select will survive, and all Points earned or pending on the other accounts will be consolidated into the single surviving Thank U account. Please discard and/or cease using any Thank U Identifiers relating to the other accounts, as any further activity on such accounts after they have been consolidated will not be credited to the surviving Thank U account. If you wish to consolidate accounts, please call our customer service center at  www.thankucard.co or call +234 700 2000 000.

 

Pooling Accounts:

If you wish, you may pool your Thank U account with the accounts of other Members. Up to three (3) accounts may be pooled. When pooled, each account will remain active and can be used to earn and use Points. However, all of the Points across the pooled accounts will form a single balance that can be used by each Member, and that will be subject to deductions relating to each Member. For example, if points are used for savings on purchases by one pooled Member, those points will be deducted from the total pooled balance on the account. Any pooled Member can use all of the pooled Points at any time, without the knowledge or consent of other pooled Members, regardless of whether that Member made any of the purchases that earned those Points. If you pool accounts, each Member will be able to view how other Members in the pooled accounts earn and use Points. For example, if a pooled Member redeems a promotional offer by purchasing a certain product at a Sponsor, then each Member in the pooled accounts could view that activity. Once pooled, Thank U accounts cannot be unpooled. If you wish to cease pooling, you will need to open a new Thank U account and cancel your existing account. If you cancel your existing account, you will no longer be able to use any Points that may remain in the pooled account for the other Members.

To pool accounts, you must: (i) be 15 years of age or older (unless you are pooling with your parent or legal guardian); (ii) be a Member; and (iii) identify the other Members with whom you want to pool accounts. Each Member must consent to pooling.

 

ACCOUNT CANCELLATION, INACTIVITY AND TERMINATION

 

Cancellation by You:

You may cancel your Thank U account at any time by calling our customer service center at  www.thankucard.co or call +234 700 2000 000. If you cancel your Thank U account, any Points in your Thank U account will immediately be voided, and cannot be used after you cancel your account.

Inactivity

If you do not earn or use Points for 12 consecutive months, we may delink or remove the phone number on your Thank U account. If you thereafter resume activity in Thank U, you will still be able to earn and use Points with other Thank U Identifiers, but you will not be able to use the delinked phone number as a Thank U Identifier. If you try to use that number to earn Points, those Points may be awarded to someone else, if another person has linked that phone number to their Thank U account. If you wish to use a phone number after being inactive, you will have to reregister a phone number via  www.thankucard.co  or by calling our customer service center at +234 700 2000 000

Termination by Thank U

We reserve the right to terminate your Thank U account at any time, or to modify or restrict your ability to use Points, immediately and without notice. We may do so for any reason, or no reason at all, including, but not limited to: if you violate these Terms, if you do not earn or use Points for two (2) or more years, if we determine that you are using your Thank U account for resale purposes, or if you act in a manner that is inconsistent with applicable laws or regulations. If we terminate your Thank U account, any Points in your Thank U account will immediately be voided and cannot be used.

Termination of Entire Rewards Program by Thank U

We may terminate or suspend the entire Thank U program at any time, in our sole discretion.

 

OUR RIGHTS TO MONITOR YOUR ACCOUNT

 

You hereby grant Thank U and its Sponsors the right to monitor your Thank U account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Thank U account or any of your activities relating to Thank U, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of Thank U or your Thank U account.

 

HOW CAN WE MODIFY THESE TERMS?

 

We may modify these Terms in any manner, at any time, in our sole discretion. Such changes may affect Points already received, including the opportunity to use such Points or their redemption rate. We will provide notice of modification on  www.thankucard.co and by posting the revised Terms at  www.thankucard.co and updating the last modified date. Be sure to check  www.thankucard.co  from time to time to ensure that you are aware of any changes to these Terms. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Thank U after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your membership.

 

DISCLAIMERS

 

Thank U and its Sponsors make no guarantees, warranties or representations of any kind concerning Thank U or Points.

All Points are void where prohibited by applicable laws or regulations, and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, our affiliates, and any participating Sponsors or other merchants from all liability regarding your earning and use of Points or your participation in Thank U. The Thank U program is only available in English.

We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchant-ability, fitness for intended use or a particular purpose, or those arising by statute or otherwise in law or from a course of dealing or usage of trade regarding Thank U or the services, materials, or goods advertised, promoted, sold or otherwise made available through a Sponsor or other merchant. You agree that your purchases of goods or services from a Sponsor or other merchant are between you and them, are made at your own risk, and are subject to any additional terms, conditions and restrictions between you and them. We have no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of any goods or services ordered or purchased, except where required by law. Sponsors are not the legal partners of Thank U.

Participating Sponsors or participating Sponsor locations may change at any time, and we may terminate or suspend Thank U’s relationship with any Sponsor or

merchant without prior notice to you. A Sponsor that is no longer participating in Thank U may still appear on marketing materials or on your Thank U rewards card.

You acknowledge and agree that you have no ownership rights in Points or your Thank U account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any Sponsor, and that the only relationship created by these Terms is one between you and us.

Thank U cannot be used where prohibited by law. Thank U cannot be used outside the United States and its territories, although you may enroll in Thank U if you have a Canadian residence. If any term of this agreement is found by a court to be illegal or not enforceable, except as otherwise provided in the Limitations on Arbitration subsection below, all other terms will still be valid and enforceable.

 

LIMITATION OF LIABILITY

 

Under no circumstances shall we, or any of our affiliates, or our or their vendors, or any Sponsor be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and a Sponsor, your use or misuse of Thank U, your inability to use Thank U, or the interruption, suspension, or discontinuation of Thank U.

 

GOVERNING LAW

The law of the Federal Republic of Nigeria govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction.

 

ASSIGNMENTS

Except as expressly set forth herein, you may not sell, assign or transfer any Points you receive, any other aspect of your Thank U account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Thank U program, these Terms, or your Thank U account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

 

DISPUTE RESOLUTION

Most customer concerns can be resolved by calling our customer service center at www.thankucard.co or call +234 700 2000 000. In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration, or litigation. It includes an arbitration provision.

For this Dispute Resolution section: (a) “you” includes you, any person acting on your behalf including, if you are a minor, your parents and legal guardians; (b) “we” and “us” includes Thank U, our Sponsors and any corporate parents, subsidiaries, affiliates or related persons or entities, and, if there is an assignment, the assignee and its corporate parents, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute or controversy relating to Thank U, including these Terms, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any Thank U account. You may not sell, assign or transfer a claim.

Sending a Claim Notice. Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a “Claim Notice”) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to or call  www.thankucard.co or call +234 700 2000 000 for a sample Claim Notice to be sent to you. The Claim Notice must describe the claim and state the specific relief demanded. Notice to you may be sent to your email or mailing address. Notice to us must include your name, address and Thank U account number and be sent to Sidon Media Limited 17b, Da-Silva Street, Lekki Phase 1, Lekki Lagos. If the claim proceeds to arbitration, the amount of any relief demanded in a Claim Notice will not be disclosed to the arbitrator until after the arbitrator rules.

 

ARBITRATION

You or we may elect to resolve any claim by individual arbitration. Claims will be decided by a neutral arbitrator.

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, neither you nor we will have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

 

Arbitration Fees and Costs

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

 

Additional Arbitration Awards

If the arbitrator rules in your favor for an amount greater than any settlement offer we made before arbitration, the arbitrator’s award will include: (1) any money to which you are entitled, but in no case less than N50,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees.

 

Continuation

This Dispute Resolution section will survive termination of the Thank U program or your Thank U account, any bankruptcy and any sale or assignment of Thank U, or your Thank U account. (In the case of a sale, the terms of this Dispute Resolution provision will apply to the buyer.) If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.