Loyaltyplant User Terms and Conditions
LoyaltyPlant UK, Ltd. (”LoyaltyPlant”, “us”, “our”, “we”) offers an application which allows consumers to
receive loyalty plans and rewards from specified vendors through a mobile smartphone application (the
“Application”). These Terms and Conditions (“Terms”) govern your download and use of the Application and your access
and use of the Application. “You” or “Customer” means any individual or entity that downloads or uses the
Application. Please read these Terms carefully. These Terms govern your download and use of the Application. You
must accept these Terms prior to downloading or using the Application. By clicking “ACCEPT” or in any other way
downloading or using the Application, you signify your assent to these Terms. If you do not accept these Terms, do
not click “ACCEPT” and do not use the Application. If you do not agree to any of these Terms, please do not download
or use the Application.
- License. Subject to the terms and conditions hereof, LoyaltyPlant grants you a non-
exclusive license to use the Application, including any documentation files accompanying the Application
(“Documentation”) and any upgrades, modified versions or updates of the Application which may be provided to
The use of the Application and Services is currently free of charge. LoyaltyPlant may, however, begin charging
the Application or the Services by providing you with reasonable advance notice.
- Application. The Application
allows you to receive loyalty plans and rewards, as well as other promotional, marketing and advertising content
(all of the foregoing, “Content”) to your smartphone (a “Device”). LoyaltyPlant makes no warranties regarding
Application or the availability thereof, and LoyaltyPlant may choose to modify the Application or cease
thereof at any time, in its sole discretion, in which event any loyalty plans or rewards which you have
may cease to be available or valid. You understand that LoyaltyPlant is making the Application available to you
without charge and, as such, you shall have no claims against LoyaltyPlant for the temporary or permanent
unavailability of any Content.
- LoyaltyPlant Account. To use the Application, you must create an account.
LoyaltyPlant reserves the right to refuse to allow a user to open an account for any reason, or to limit the
of accounts a user can establish. Your account username is your identity. You may not select a username that is
by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that
these Terms or applicable law. All information provided in creating an account must be truthful and accurate,
you represent and warrant that you have all rights necessary to provide such information, including any
in respect of the Device. LoyaltyPlant may, for any reason in its sole discretion, terminate or suspend your
account. Grounds for such termination may include (i) extended periods of inactivity, (ii) LoyaltyPlant's
reasonable belief that the letter or spirit of these Terms have been violated, (iii) LoyaltyPlant's
belief that fraudulent or illegal behavior has occurred, or (iv) LoyaltyPlant's reasonable belief that
that is harmful to other users, third parties, or our business interests has occurred.
- Security. You represent and warrant that you have full rights to register any Device for which
information to LoyaltyPlant. You should ensure that your LoyaltyPlant username and password (or other login
information) are secure. Your loyalty plans and rewards are at risk if you let someone use your account
inappropriately. LoyaltyPlant will not ask you to reveal your password. If you forget your password, you can
to have a new password sent to your registered e-mail address. You agree to immediately notify LoyaltyPlant of
unauthorized use of your account or
password. LoyaltyPlant WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE
FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, and you agree to indemnify and hold LoyaltyPlant harmless for
improper or illegal use of your account.
- Promotional Material. By specifying any individual vendor (a
“Vendor”) through the Software, you consent to receiving Content from such Vendor. All Content is provided by
Vendors that you have selected and, as such, LoyaltyPlant disclaims all responsibility and liability for
Specifically, you acknowledge that LoyaltyPlant is not responsible for the accuracy, usefulness, safety or
intellectual property rights of or relating to any Content, and is no way is LoyaltyPlant responsible to provide
loyalty plans or rewards on behalf of any Vendor. VENDORS ARE THE SOLE PARTIES RESPONSIBLE FOR CONTENT AND FOR
PROVIDING ANY LOYALTY PLANS OR REWARDS. Further, you understand and acknowledge that you may be exposed to
that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal
equitable rights or remedies you have or may have against LoyaltyPlant in this respect. You agree to abide by
terms and conditions that any Vendor may impose on any loyalty plans or rewards provided by such Vendor, and you
shall fully indemnify LoyaltyPlant for your violation of any such terms and conditions.
- Privacy. LoyaltyPlant does not share any of your personal information without your consent.
Without limiting the foregoing, by using the Services or selecting any Vendor to provide Content to you, you
acknowledge and agree that LoyaltyPlant will provide such Vendor with certain information necessary or helpful
for the provision of the Services, including information regarding you (e.g. Facebook profile link), your
Device, your physical presence in any location of the Vendor, as well as with information regarding your
purchases and shopping patterns.. LoyaltyPlant may also provide you with the opportunity to receive Content from
specified Vendors regardless of your physical location and, if you select such opportunities, you fully consent
to the receipt of such promotional and commercial messages. As part of providing the Services, LoyaltyPlant may
at time be required to provide you with service announcements and administrative messages, and you fully consent
to the receipt of the foregoing.
- Intellectual Property. You have no ownership rights in the Application. Rather, you have a
limited license to
the Application subject to these Terms. Ownership of the Application, Documentation and all intellectual
rights therein and thereto shall remain at all times with LoyaltyPlant or its licensors. All rights not
granted to you herein are reserved to LoyaltyPlant. You may not remove any proprietary notice of LoyaltyPlant or
licensors from the Application, Documentation, or Content or any copy or component thereof. All copyright
must be retained at all times.
- Restrictions. You shall maintain all copyright and other proprietary notices
contained in the Application, including all commercial logos. Except as set forth expressly herein, you shall
and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the
Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application
any Content; (c) modify the Application or any Content, or insert any code or product, or in any other way
manipulate the Application or any Content; or (d) modify, frame, reproduce, archive, sell, lease, rent,
create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate,
distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use
Application or any Content except as expressly permitted by these Terms. To the extent any of the restrictions
forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance
prior to engaging in the activities set forth above.
- Usage Restrictions. In making use of the Application or
any Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming,
abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral
rights, or other rights; (b) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or
unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent
activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent,
pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules,
regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause us to
in violation of any law or regulation, or to infringe any right of any third party; or (d) use or access another
user’s account or password without permission or under false pretences.
- Indemnification. You shall indemnify
LoyaltyPlant, its affiliates, employees, officers, directors and agents from and against any and all third party
allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action,
lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a
breach by you of these Terms; (ii) your use of the Application or any Content in a manner that may violate any
party intellectual property, moral or contractual rights; or (iii) your use of the Application or any Content in
violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section
must be reasonably satisfactory to LoyaltyPlant. You may not settle or compromise claims that impose any
on LoyaltyPlant or that may affect LoyaltyPlant' rights in any way without LoyaltyPlant' prior written
consent. LoyaltyPlant' may participate in the defence of all claims with counsel of its own choice at its
- No Warranty. THE APPLICATION, DOCUMENTATION AND ALL CONTENT ARE PROVIDED “AS-IS”. LoyaltyPlant
EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR THE SUBSTANCE
THE CONTENTS) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE CONTENT IS AT YOUR OWN RISK, AND
LoyaltyPlant DOES NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE CONTENT, INCLUDING WITHOUT
LIMITATION THE UNAVAILABILITY OR MODIFICATION OF ANY LOYALTY PLANS OR REWARDS, OR THE FAILURE OF ANY VENDOR TO
PROVIDE ANY PROMISED LOYALTY PLANS OR REWARDS.
- Limitation of Liability. LoyaltyPlant IS MAKING THIS
APPLICATION AVAILABLE TO YOU WITHOUT CHARGE AND, AS SUCH, LoyaltyPlant SHALL NOT HAVE ANY LIABILITY ARISING OUT
THE LICENSE, SUPPLY OR USE OF THE APPLICATION OR CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR
IN NO EVENT SHALL LoyaltyPlant BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE
DAMAGES), INCLUDING ARISING OUT OF THE MANUFACTURE, SUPPLY, SALE OR USE OF THE APPLICATION, EVEN IF LoyaltyPlant
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Termination. LoyaltyPlant may suspend or
terminate your account, these Terms, and your use of the Application or any Content at any time if (i) you
these Terms, including by using the Application or any Content in violation of any third party right or law,
regulation or court order; (ii) LoyaltyPlant is unable to verify or authenticate any information you provide;
such information becomes inaccurate; or (iv) LoyaltyPlant decides in its sole discretion to cease offering the
Application or any Content. Upon termination, you must immediately cease all use of the Application and
Documentation. Sections 4 (Security), 6 (Privacy), 7 (Intellectual Property), 8 (Restrictions), 9 (Usage
Restrictions), 10 (Indemnification), 11 (No Warranty), 12 (Limitation of Liability) and this Section 13 shall
survive the termination or expiration of this Agreement for any reason.
- Miscellaneous. These Terms represent
the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other
agreements between the parties, whether written or oral, regarding the subject matter hereof, provided that the
of any Content may be subject to additional terms provided by the applicable Vendor. These Terms may be executed
two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute
and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms
shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or
but shall apply solely to the instance to which such waiver is directed. LoyaltyPlant may assign its rights or
obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms; any attempted
assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms
shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of any other part or provision of these Terms which shall remain in full force and effect. These
Terms shall be governed by the laws of The United Kingdom of Great Britain and Northern Ireland, and the
courts in the city of London shall have exclusive jurisdiction to hear any disputes arising hereunder.
LoyaltyPlant User Terms and Conditions, which is available at Terms and Conditions.
LoyaltyPlant respects your
right to privacy. Generally, LoyaltyPlant will not make your personal information available to third parties without
the collection, use, disclosure and protection of Personal Information. The terms of this privacy statement apply
unless different terms are specified as part of a special offer or in another contract.
“Personal Information” is information that can be directly associated with a specific person or
entity such as a customer’s name, address, telephone number, e-mail address, credit card number, or information
about activities directly linked to that person, such as his or her purchases. Personal Information also includes
information that you may choose to provide to us, such as your educational, consumer and employment history profile.
We collect Personal Information that you provide to us, such as when you register for LoyaltyPlant, provide
LoyaltyPlant with any information or otherwise contact us, when you use any loyalty rewards or plans that
LoyaltyPlant makes available, or when you take any consumer actions with respect to participating vendors (including
making purchases or entering the physical location of such vendor).
If you choose to provide Personal Information to us, we will not share this information with third parties or other
LoyaltyPlant users without your
explicit permission, except when required by law, regulation, subpoena or court order or as expressly set forth
We may use Personal Information internally – for example, to process your visits and provide you with
reliable loyalty plans and rewards and to tell you about specific goods and services we believe will be of interest
to you. If you prefer not to receive promotional information from us, we make it easy for you to let us know. You
can contact us at any time to decline promotional information by emailing us at vd@LoyaltyPlant.com. We may also
contact you periodically in order to provide you with service announcements regarding LoyaltyPlant, but these
messages will not contain promotional information. In addition, we use Personal Information to diagnose problems
with our servers, to make LoyaltyPlant more useful and to customize LoyaltyPlant and personalize its content for
The Application may provide LoyaltyPlant with information regarding your actual
location. LoyaltyPlant will collect this information only if you allow the Application to access your location
through your mobile device. LoyaltyPlant uses this data for anonymous statistical purposes (see below under
“Statistical Information”). If you choose to make your visit available to Vendors, LoyaltyPlant will also notify the
applicable Vendor when you are present in the physical location of such Vendor. LoyaltyPlant may provide you with
different options for providing such location information to Vendors, and you may change your selection at any time
by accessing the Profile tab of the Application. Except as anonymized statistical information or to Vendors (if you
consent), LoyaltyPlant will not share your location with any third party.
LoyaltyPlant offers you to register using a "LoyaltyPlant username" or using a third party service (e.g.
does not provide participating vendors with your phone number or email address, or any other means of contacting you
directly except through the LoyaltyPlant system.If you have registered using a third party service – LoyaltyPlant
provide you with loyalty plans and rewards that enhance your shopping and consumer experience. In order to achieve
this goal, LoyaltyPlant provides vendors that you specify with some of your Personal Information, including your
past shopping and/or visit history and (if you consent) if you are physically located at such vendor’s store
location (see above under the heading “Location-Based Services”). Any personal information you provide to a vendor
or any other third party is provided directly to this third-party and is subject to that third party’s provider’s
participating vendors or other third parties. We encourage you to learn about the privacy practices of vendors or
other third parties before providing them with personal information.
“Personal Information” does not include statistical information. By analyzing your use of our system we may compile
statistical information, such as anonymous information about how users use our service. In addition, when you use
LoyaltyPlant certain statistical information may be gathered about your usage of the product and used for diagnostic
purposes and improving LoyaltyPlant. This may include certain information that LoyaltyPlant automatically receives
from your mobile device, such as time patterns and feature usage. Statistical data helps understand trends and
customer needs so that new products and services can be considered and in order to tailor existing products and
services to customer desires. Aggregate statistical information is anonymous and will not be linked to any Personal
Information for provision to third parties. We may share such anonymous statistical information with our partners,
without restriction, on commercial terms that we can determine in our sole discretion.
Use of LoyaltyPlant by Children
LoyaltyPlant does not knowingly collect personally identifiable information from children under the age
of 13, and you must be 18 years of age or older in order to establish an account. Parents are able to set up
accounts for their children. In this way verifiable parental consent is required in order to register a child under
the age of 13 to be enrolled, and any parent setting up an account for his or her hereby represents and warrants
that he or she is the parent or legal guardian of such child, and has the authority to provide information and
render consents on behalf of such child.
In the event you become aware that an individual under the age of 13
has enrolled without parental permission, please advise us immediately.