Any company, partnership, individual or other legal entity (“you”) purchasing gift cards or other stored value instruments (“gift cards”) from Marks and Spencer plc (“M&S”) does so subject to this Blacklist Policy.
1. Industry restrictions
1.1 Organisations that fit in to one of the following categories are not permitted to purchase and/or use M&S gift cards:
a) payday loan companies;
b) casinos, gambling and online betting companies;
c) pornography companies;
d) organisations campaigning on a specific political message;
e) religious organisations;
f) organisations that conflict with Plan A, M&S’ global sourcing principles or M&S’ ethical standards. For example, any companies who have been exposed as employing child labour, or who have sub-standard working conditions;
g) organisations that do not meet the finance restrictions (as set out in section 2 below); and
h) organisations that do not meet the energy restrictions (as set out in section 3 below).
1.2 M&S reserves the right to refuse an order for gift cards from an organisation which, in M&S’ sole discretion, falls into one of the categories above.
1.3 By placing an order with M&S for gift cards you confirm that:
a) you do not fall within one of the categories above; and
b) you will not sell the gift cards to any third parties whom fall within one of the categories above.
2. Restrictions on the promotion of financial services products
2.1 You will not make gift cards available to your clients, customers or any other third parties in connection with the incentivisation or promotion of:
a) current account products or mortgages;
b) any insurance scheme (whether such insurance scheme is for life insurance products or non-life insurance products);
c) credit cards, debit cards or store cards (or the promotion of the ongoing use of any such cards) where the value of the gift cards available to clients, customers or third parties under the relevant promotion for a given unit of expenditure by clients, customers or third parties participating in the relevant promotion exceeds the value of the M&S gift vouchers made available to customers of the Money Business under any loyalty programme being offered by the Money Business; and/or
d) any other financial services products not referred to in paragraph 2.1(a) – (c) which:
i. is similar to a financial services product being offered to customers of the Money Business; or
ii. manifestly competes with or detracts from the Money Business whether by comparative advertising or otherwise.
2.2 For the purposes of this paragraph 2, the term “Money Business” shall be taken to mean the business which trades under the name “M&S Bank” and which sells and promotes financial services products, as operated by Marks and Spencer Financial Services PLC, HSBC Bank PLC and/or HSBC UK Bank PLC.
3. Energy Restrictions
3.1 You shall not use M&S gift cards to acquire or retain customers for an energy tariff or energy related service or sell M&S gift cards to any third party who may use the gift cards to acquire or retain customers for an energy tariff or energy related service.
4. On-sale of M&S Gift Cards
4.1 If you purchased gift cards via http://marksandspencerforbusiness.com/, you are not allowed to sell the gift cards to any third party without M&S’s consent. Nothing in this Blacklist Policy shall vary this term.