LoyaltyBook Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR APP AND WEBSITE

TERMS OF USE FOR CONSUMER END USERS

These terms of use (together with the documents referred to in them) tells you the terms of use on which you may make use of our mobile application, Loyaltybook (the “App”) and/or our website www.loyaltybook.com (“our site”), whether as a guest or a registered user. Use of the App includes downloading, accessing or registering to use the App and use of our site includes accessing, browsing, or registering to use our site. The App and our site can be used by businesses to create and offer loyalty schemes which consumer end users can participate in to obtain rewards and gifts for their loyalty to those businesses (“Loyalty Schemes”) and by consumers to participate in such Loyalty Schemes.

These terms apply if you are using the App or our site for consumer domestic purposes to participate in Loyalty Schemes offered by businesses.

Please read these terms of use carefully before you start to use the App or our site, as these will apply to your use of the App and our site. We recommend that you print a copy of this document for future reference.

By using the App or our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the App or our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of the App and our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App or our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the App and our site. When using the App or our site, you must comply with this Acceptable Use Policy.

INFORMATION ABOUT US

The App, Loyaltybook is a mobile application owned and operated and www.loyaltybook.com is a site operated by Loyaltybook Limited (“We”). We are registered in England and Wales under company number 09204622 and have our registered office at The Grey House, 3 Broad Street, Stamford, Lincolnshire PE9 1PG. Our main trading address is the registered office. Our VAT number is 198 4162 71. We are a limited company.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. These Terms were most recently updated on 10th March 2015.

CHANGES TO THE APP OR OUR SITE

We may update the App or our site from time to time, and may change the content at any time. However, please note that any of the content on the App or our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the App or our site, or any content on either of them, will be free from errors or omissions, particularly in relation to Loyalty Schemes created by businesses for end users to participate in.

ACCESSING THE APP AND OUR SITE

The App and our site are made available free of charge.

We do not guarantee that the App or our site, or any content on it, will always be available or be uninterrupted. Access to the App and our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App or our site without notice. We will not be liable to you if for any reason the App, any Loyalty Scheme running through the App or our site is unavailable at any time or for any period.

The App may be made available for download from various app stores such as those provided by Apple Inc. and Google Inc. Neither Apple nor Google are sponsors of the Loyalty Schemes running in the App and they are not involved in any activity or reward programmes provided by Loyaltybook Ltd, our partners, or the App in any way.

You are responsible for making all arrangements necessary for you to have access to the App or our site.

You are also responsible for ensuring that all persons who access the App or our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@loyaltybook.com.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the App and our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the App or our site for your personal use and you may draw the attention of others within your organisation to content posted on the App or our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the App or our site must always be acknowledged.

You must not use any part of the content on the App or our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the App or our site in breach of these terms of use, your right to use the App and our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on the App and our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App or our site.

Although we make reasonable efforts to update the information on the App our site, we make no representations, warranties or guarantees, whether express or implied, that the content on the App our site is accurate, complete or up-to-date, particularly in respect of Loyalty Schemes on offer to end users.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed in the App or on our site.

Please note that we only provide the App or our site for domestic and private use. You agree not to use the App or our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked in the App or on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or your participation in any Loyalty Scheme created by a business.

We will not be liable or held responsible for any merchant’s fulfilment or non-fulfilment of rewards that they might have issued to you through the App.

UPLOADING CONTENT TO THE APP OR OUR SITE

Whenever you make use of a feature that allows you to upload content to the App or our site, or to make contact with other users of the App or our site (including creation of a Loyalty Scheme or sending or gifting rewards or gifts you receive through the App when participating in a Loyalty Scheme to your own contacts), you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the App or our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the App and the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App or our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the App or our site.

We have the right to remove any posting you make through the App or on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users through the App or on our site do not represent our views or values.

RIGHTS YOU LICENCE

When you upload or post content through or on the App or to our site, you grant the following licenses:

  • You grant us (and those we work with) a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your uploaded or posted content (including, without limitation, the Loyalty Scheme that you create) in connection with the App and across different media. We may also use the content to promote the App and our site or any other service we may provide. This license continues even if you stop using the App or our Site.
  • You grant other users of the App and our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

VIRUSES

We do not guarantee that the App or our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the App or our site. You should use your own virus protection software.

You must not misuse the App or our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or our site, the server on which they are stored or any server, computer or database connected to the App or our site. You must not attack the App or our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App or our site will cease immediately.

LINKING TO THE APP AND OUR SITE

You may link to the App or the home page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the App or our site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The correspondence or website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content in the App or on our site other than that set out above, please contact enquiries@loyaltybook.com.

THIRD PARTY LINKS AND RESOURCES IN THE APP AND OUR SITE

Where the App or our site contains links to other sites, details of Loyalty Schemes operated by businesses and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources, but we do have control over what loyalty schemes are operating within the Loyaltybook platform.

APPLICABLE LAW

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

TRADE MARKS

Loyaltybook and the Loyaltybook logo are being used as trademarks albeit not UK registered.

CONTACT US

To contact us, please email enquiries@loyaltybook.com.

Thank you for using the App and our site.