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Terms of Use for Businesses

We (GAINLOYALTY) provide our website services to you subject to the following Terms of Service (“Terms”), which may be updated by us from time to time without notice to you. In addition, when using our services, you and GAINLOYALTY shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

By using the GAINLOYALTY website and any other services of GAINLOYALTY you are agreeing to be bound by the following Terms.

Acceptance of the Terms is absolute and applies to you as an account owner regardless of how many schemes you control through GAINLOYALTY. You, as the account owner, are solely responsible for all schemes within your account and for each site’s adherence to these Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While GAINLOYALTY prohibits such conduct and Content on the Service, you understand and agree that GAINLOYALTY cannot be responsible for the Content posted on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human or a registered corporation. Accounts registered by ‘bots’ or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person. A single login shared by multiple persons is not advised.
  5. You are responsible for all activity that occurs under your account (even when activity is generated by others who have accounts under your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Cancellation and termination

  1. You may terminate the use of GAINLOYALTY at any point
  2. Should you wish to cancel you can do so by emailing hello@GAINLOYALTY.com and requesting a cancellation
  3. If, at any time, the billing obligations of any GAINLOYALTY service are not met, GAINLOYALTY will have the right to disable the services provided
  4. GAINLOYALTY has the right to terminate your account if the platform has not been used for 6 months or more
  5. GAINLOYALTY will notify you of any changes regarding your account including the termination of your dormant account
  6. GAINLOYALTY hold no responsibility for lost data after termination of your account

Subscriptions and payments

  1. You will be enrolled onto a subscription suitable for your business agreed upon by you and GAINLOYALTY
  2. You will remain in your selected subscription until you either i) choose to upgrade to another subscription ii) choose to cancel your subscription or iii) no longer meet the criteria for that subscription i.e. the number of customers enrolled.
  3. When you exceed the criteria for your chosen subscription, you will be notified by GAINLOYALTY and charged the appropriate rate the following month
  4. Payment for the first installment of monthly subscriptions will be taken at the time of set-up, then on the same date of every month thereafter
  5. Annual subscription charges will be taken in full at the time of set up

Starter Subscriptions

  1. Starter subscriptions are free for up to 365 days from initial set-up date, or until the account exceeds the limitations of a Starter account, whichever occurs first.
  2. Starter account holders can choose to cancel their account at any time within the first year
  3. Payment for Starter account holders will be automatically taken after 365 days, via the bank details provided upon set-up

Member account and password security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GAINLOYALTY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GAINLOYALTY cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You shall be solely responsible for the awarding of points to your customers. GAINLOYALTY accepts no liability for the misuse of points or rewards by You, Your staff or a User. You must take all reasonable steps in assuring the security of the platform, and the points it comes with, while it is in Your care. In the event of a reward dispute or mistake between a Merchant and User, GAINLOYALTY may in its sole discretion and without liability of any kind unilaterally make adjustments to User reward points (it being understood that GAINLOYALTY shall not be (i) obligated to make any such adjustment or otherwise get involved with or provide any assistance towards resolving any such dispute, or (ii) be liable to any party for any damages, expenses or liabilities arising out of any such dispute). To the extent any disputes arise under the Agreement or otherwise between the parties, the parties will first attempt in good faith to resolve their dispute informally.

Content ownership and conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GAINLOYALTY, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. GAINLOYALTY does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will GAINLOYALTY be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Use of information

You understand that we use non-identifying and aggregate information to better design our services.

General conditions

  1. Your use of the Service is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis.
  2. You understand that GAINLOYALTY uses third party vendors and hosting partners to provide the necessary hardware, networking, storage, and related technology required to run the Service. While GAINLOYALTY accepts responsibility for the GAINLOYALTY software, GAINLOYALTY shall not be liable for any device faults, including hardware, network, and manufacture faults. In the event of a fault, the client should adhere to the manufacturer’s warranty.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GAINLOYALTY, or any other GAINLOYALTY service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of GAINLOYALTY.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GAINLOYALTY customer, employee, member, or officer will result in immediate account termination.
  6. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  7. If you provide us with an e-mail address when you enrol in the Programme, we may send all communications in connection with the Programme (including changes to these Terms) to your e-mail address.
  8. GAINLOYALTY does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. You expressly understand and agree that GAINLOYALTY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Service, including but not limited to how you reward customer activity (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
  10. The failure of GAINLOYALTY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GAINLOYALTY and govern your use of the Service.

Limitation of Liability and Disclaimer

  1. GAINLOYALTY, its directors, shareholders, affiliates and employees hereby exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income, profits, opportunity, investment, goodwill, data, data privacy or loss or damages arising from or connected in any way to the Website and subject matter and data contained thereon, and whether in tort (including without limitation negligence, contract or otherwise), even if it has been advised of the possibility of such damages, in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the Content and data contained on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  2. Notwithstanding the above clause, nothing in this User Agreement limits or excludes the liability of either party: (i) for death or personal injury resulting from its own negligence; or (ii) for any damage or liability incurred by the other party as a result of fraud or fraudulent misrepresentation by the other.
  3. The GAINLOYALTY Website and Platform, its content, data, access and use and the results of such use are provided ‘as is’ and ‘as available’ to the fullest extent permissible pursuant to applicable law. GAINLOYALTY disclaims all warranties express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Service, its use and the results of such use. Without limiting the foregoing, GAINLOYALTY specifically disclaims any warranty (i) that the Website or Platform will be uninterrupted, accessible or error-free, (ii) that defects will be corrected, (iii) that there are no viruses or other harmful components, (iv) that the security methods employed will be sufficient, or (v) regarding correctness, accuracy, or reliability. Both the Website and Platform rely on the performance of third parties beyond GAINLOYALTY’s control.
  4. While GAINLOYALTY endeavours to ensure that the information on the Website and Platform is correct, GAINLOYALTY does not warrant the accuracy, origin or completeness of the material on them. GAINLOYALTY may make changes to information on the Website or Platform at any time without notice. Any information on the Website or Platform may be out of date, and GAINLOYALTY makes no commitment to update such material.
  5. Links to third party websites on the Website or Platform are provided solely for your convenience. If you use these links, you will leave the Website and/or Platform. GAINLOYALTY has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. GAINLOYALTY therefore does not endorse or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of the third party websites, you do so entirely at your own risk.

Suspension and termination

  1. GAINLOYALTY will determine, at our sole discretion whether, by your use of the Platform, there has been a breach of this User Agreement. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  2. Failure to comply with this User Agreement constitutes a material breach of its terms and may result in our taking all or any of the following actions, with or without a warning to you:

i) Immediate temporary or permanent withdrawal of your right to use the GAINLOYALTY Platform and service;

ii) Immediate temporary or permanent removal of any posting or material uploaded by you to the Platform;

iii) Issue of a warning to you;

iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative costs) resulting from the breach; and (v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this User Agreement. The responses described in this policy are not limited, and we may take any other action that we deem appropriate.

 

Last updated: 06 August 2015