Cardholder’s Terms & Conditions for Nexus

The following terms & conditions govern the use of your Nexus card. Therefore it is important that you read & understand them thoroughly before you sign or use the Nexus card because by signing, using or accepting the card you will be agreeing to be bound by everything written here.

1. Application for membership of Nexus* is open to any individual over the age of 18 years.

2. The applicant must supply all information required in the application form together with the relevant documentation and necessary payment (if any). Nexus* may accept or reject any applications in its absolute discretion.

3. On acceptance of the application for membership, Cardholders will be issued a card on which his/her membership number will be embossed. The Card will be valid for the period stated on the Card.

4.Any renewal of the Card shall be at Nexus* discretion and on payment of the then current annual fees as maybe stipulated from time to time by Nexus*.

5. The Card remains the property of Nexus at all times.

6. Cardholders may earn Nexus points by presenting the Card when purchasing goods or services at any of the participating establishments. The basis of allocation of points and the value of such points shall be determined by Nexus* in its absolute discretion from time to time.

7. Cardholders must redeem Nexus points accumulated at participating establishments, within the time periods stipulated by Nexus* from time to time. Any Nexus points not so redeemed shall be deemed to have expired and shall be cancelled. Redemption of points earned will be allowed only in multiples of 50 points or such other number decided at the absolute discretion of Nexus.

8. Nexus points are not transferable and may not be pooled with the Nexus points of any other Cardholder. Nexus points are not awarded for any purchases made before the Card is issued to the Cardholder unless otherwise stipulated by Nexus*.

9. Nexus points are awarded for goods and services actually supplied. In particular, no Nexus points will be awarded for goods and services, which have been ordered or bought but cancelled or returned.

10. Nexus points are not convertible to cash.

11. The Cardholders’ privileges and rights to enjoy the offers are governed by the terms and conditions hereunder and such other terms and conditions laid down by the participating establishments. Failure to comply with such terms and conditions shall result in the refusal of such offers by the participating establishments, and/or the cancellation of the card by Nexus*.

12. The Card is a privilege card and maybe combined with a credit or charge card at any time at the discretion of Nexus*. In the event of such combination, the Card shall be subject to such terms & conditions as maybe applicable to that credit or charge card in addition to these terms & conditions. In the event that the Card is combined with a credit card or charge card as foresaid, Nexus* may, at any time declare that Nexus points be awarded only for purchases made using such combined credit or charge cards (Nexus Credit Cards).Issue of the Nexus Credit / Charge Cards shall be at the absolute discretion of Nexus* and possession of a card shall not automatically entitle a Cardholder to a Nexus Credit/Charge Card. 13. The Card is issued for use solely by the Cardholder (except in the case of a joint card issued at the discretion of Nexus *), and is not transferable under any circumstance.

14. The Card shall only be used in respect of offers by the participating establishments and in accordance with the terms and conditions herein.

15. Nexus* shall not be under any obligation to replace any cards which have been misplaced, lost, damaged or stolen. Customers should notify the Bank of any loss or damage to the Card forthwith. Lost/Damaged cards maybe replaced at a cost to be determined by Nexus*.

16. Cardholders shall abide by the following in using the Card.

1) The Cardholders shall present the Card BEFORE or upon making any purchase from a participating establishment.

2) The offers may not be used for orders in conjunction with any other promotions /discounts / happy or promotional hour special offers offered by the participating establishment, unless otherwise stated.

3) Each participating establishment has the absolute discretion to reject the Card, if it has reasonable grounds to suspect, or there has been any report that the Card has been tampered with, whether intentionally or not.

17. All relevant taxes (including VAT) or service charges incurred in all transactions involving the presentation of the Card shall be borne by the Cardholder.

18. The list of participating establishments and the offers available to a Cardholder may be revised from time to time by Nexus* as it deems fit.

19. By accepting the Card, the Cardholder irrevocably acknowledges and agrees that,

1) Whilst every reasonable endeavor will be made by Nexus* to ensure that offers shall be made available by the participating establishments, Nexus* shall not be liable in anyway and no Cardholder shall have any claims whatsoever against Nexus* if the Card is not accepted or dishonored by a participating Establishment under the Nexus* Programme.

2) Nexus* shall not be liable for any loss, physical injury, illness, costs or damages resulting from or during any visit to or purchases made from any participating establishments.

3) Nexus*, its assignees, directors, staff, agencies, consultants or associates shall not be liable to any Cardholder in respect of any issues concerning the issuance of the Card and the operation and maintenance of the Card.

4) Nexus* shall create, maintain and update information relating to the Cardholder and may at its absolute discretion, disclose to any third parties details of any information in its possession or control relating to the Cardholder.

5) Nexus* shall not be liable for any defect or deficiency in the goods purchased or services rendered by a participating establishment. Any claim whatsoever related to the items purchased or otherwise, by a Cardholder against or dispute between a Cardholder with any participating establishment or any other party shall be settled between the Cardholder and such parties without any reference to Nexus* and Nexus * shall not be affected by nor be obliged in any way to be involved in any such dispute. No claim by any Cardholder ag0ainst any participating establishments or third party shall be subject of a claim/ defense or counter claim against Nexus*.

6) The Cardholder shall hold Nexus* liable for any loss if Nexus* is not able to perform its obligations under this agreement due (directly or indirectly) to the failure of any machine, data processing system or transmission link or civil or industrial dispute, act of God or due to any other event beyond reasonable control of Nexus* its servants, agents or subcontractors.

7) Nexus* shall not be liable for any loss, (whether direct, indirect, incidental, special, punitive or consequential) or damages suffered by reason of the Cardholder’s use or inability to use the Card or any disclosure (inadvertent or otherwise ) of any information concerning Cardholder or for any error, omission or inaccuracy with respect to any information disclosed.

20. In the event that the functions of the Nexus* Cards are expanded to include additional services for which additional subscription fees or charges are to be payable, the Cardholder shall be liable for any such fees and charges that maybe applicable prior to the consumption of such services and shall be responsible, and Nexus* shall not be liable for all charges of whatsoever nature in connection with or pursuant to the use of such services.

21. Nexus* shall have the right to amend, modify or supplement the terms and conditions herein, including those relating to the withdrawal or addition of offers, as it deems fit from time to time, without any prior notice to the Cardholder.

22. Nexus* may at any time and in its absolute discretion terminate this agreement and/or cancel and/or terminate the Cardholder’s use of the Card without any reference to the Cardholder, and without assigning any reason for same. There will be no refund of the joining fee paid by the Cardholder to Nexus* or any part thereof if the card is cancelled or the right to use the card is terminated.

23. All notices, demands or other communications are to be made in writing and shall be delivered personally or sent by pre-paid post addressed to, in the case of the Cardholder, his or her last known address, and/or email address and in the case of Nexus*, its last known address. Any such notice, demand or communication shall be deemed to have been served in the case of a notice, or communication shall be deemed to have been served in the case of a notice, demand or communication delivered by hand on the day of delivery and in the case of a notice, demand or communication served by pre-paid post on the day following that on which the notice, demand or communication was posted.

24. The Cardholder shall notify Nexus* in writing of any change of personal particulars at the first reasonable opportunity after such change.

25. For the avoidance of doubt, it is hereby agreed by the Cardholder and Nexus* that all provisions contained herein shall continue in full force and effect not withstanding the termination of this agreement and/or the expiry of the Card in accordance with the terms of this agreement.

26. If any one or more of the provisions of this agreement or any part thereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not violate any other provisions of this agreement, which shall remain in full force and effect.

27. This agreement is governed by and shall be construed in accordance with the laws of the Republic of Sri Lanka.

28. All disputes or differences of any kind whatsoever which may arise between the parties in connection with or arising out of this agreement and remaining unsettled for a period of fourteen (14) days from the date of notification of such disputes shall be referred to arbitration by either party in accordance with the ICLP Arbitration Rules for the time being in force. The place of arbitration shall be Colombo and the language of the proceedings shall be English.

29. Definition...

“Card”	The Nexus Card issued at the total discretion of Nexus on the terms and conditions herein contained for such fee as Nexus may decide from time to time.
“Cardholder”	A person who has applied for membership of the Nexus Loyalty Programme and has been issued a membership number in this respect. Where a card is given by Nexus at its absolute discretion to be used by a husband and wife the term Cardholder shall mean and include both such husband and wife and each of them.
“Nexus points”	Loyalty points accumulated by Cardholders under Nexus, and based on the purchase of qualifying goods & services.
“Offer/s”	Promotions, discounts and special offers from time to time offered by the participating establishment
“Participating establishments”	Outlets which participate in the Nexus Programme

*The Nexus Programme and Cards are promoted by the John Keells Group and Nations Trust Bank Limited (collectively referred to as Nexus which term shall mean and include the said John Keells Group, Nations Trust Bank Limited, their successors or assigns)

Dialog-Nexus Terms & conditions

1. Ensure to re - register your renewed Nexus card by calling the dedicated Hotline 077 7 676580.

2. Points will be awarded for timely settlement of bills on or before the due date.

3. The Name indicated on the Nexus card and Dialog subscriber should be same.

4. Points will not be awarded for individuals, if the connection is under a Company.

5. Not valid for KIT connections.

6. Failure to attach relevant documents, card number will not be registered.