Members Terms of Use

Publication Date: [Jan 2018]

LoyLap Member Terms of Use

These Terms set out the legal agreement between you and LoyLap governing your use of LoyLap's Services, LoyLap App, analytics and all other associated features. Please read these Terms carefully. Your use of the Services, is subject to these Terms. LoyLap may amend these terms from time to time. By continuing to use the Services you agree to comply with and be subject to these Terms.

Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine. All capitalised terms herein are defined in Clause 20 of these Terms.

 

Terms Governing Use of the Services

  1. LoyLap Member Account Registration.
    • LoyLap enables you to process Transactions with Merchants and to participate in Loyalty Programs offered by Merchants. When you process any Transactions with a Merchant, you are advised to read any applicable terms and conditions which that Merchant may provide.
    • You may register a LoyLap Member Account in order to use the Services. Upon registering a LoyLap Member Account you will be required to provide certain information as requested by a Merchant. All information provided at the registration process and throughout the lifetime of your LoyLap Member Account must be accurate, true and complete. It is especially important that you keep your registered e-mail address up-to-date as this is the method by which we will contact you if there are any issues with your LoyLap Member Account. It is also the means by which the Merchant(s) can communicate with you if they so choose. LoyLap reserves the right to suspend or terminate the LoyLap Member Account of any Member who provides inaccurate, untrue, or incomplete information, or who fails to comply with any of the foregoing account registration requirements.
    • LoyLap Member Accounts are personal to the person who registered a LoyLap member Account and under no circumstances may a LoyLap Member Account be transferred to any other person.
    • You must be thirteen (13) years of age or over to use LoyLap. By registering with LoyLap you represent and warrant to us that: (i) you are at least thirteen (13) years of age; and (ii) you are eligible to register and use the Services.
    • Once you have been provided with any 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.

 

    • In order to access and use the Services, you must download the LoyLap App onto a Compatible Mobile Device and register an account, or you must register an account directly with the Merchant. The LoyLap App is available from the Apple App Store and the Google Play Store. When you install the LoyLap App, you will be asked to create your profile and to create a LoyLap Member Account.
    • Whilst we take reasonable care to ensure that our software does not contain any viruses, bugs or malware, we accept no liability in the event that any damage or corruption is caused to any device or data from downloading, updating or using the LoyLap App or any other software made available by LoyLap.
    • You are required to install any and all software updates that become available from time to time in order to continue using the Services.

 

  1. Compatible Mobile Devices.
    • Your LoyLap Member Account permits you to process Transactions on a Compatible Mobile Device. LoyLap does not guarantee that the Services will be available with any Compatible Mobile Device modified contrary to the manufacturer’s software or hardware guidelines. You acknowledge that the use of any such modified device to use the Services is expressly prohibited, constitutes a violation of these Terms, and is grounds for termination of your LoyLap Member Account. LoyLap is currently only available on Android and iOS applications.
    • LoyLap cannot guarantee that the Services will be compatible with your mobile device or third party carrier.

 

  1. Your LoyLap Balance.
    • The Services enable you to process Transactions and participate in Loyalty Programs. Rewards can only be spent with the Merchant with which they were earned and cannot be exchanged for cash for any reason whatsoever. A Merchant may, at their sole discretion, exchange LoyLap cash balances for a gift card, but this is solely at the discretion of each individual Merchant.

 

  1. LoyLap Purchase Information.
    • By using our Services, you grant LoyLap permission to share with Merchants, whom you interact with, information regarding your activity on the Services. You also give us permission to import into your LoyLap Member Account and to share with Merchants information about Transactions you have made. This information will be shared exclusively with the Merchant(s) where you have used LoyLap.

 

  1. LoyLap Key Ring Fobs/Cards.
    • Merchants may issue LoyLap key ring fobs, PVC Cards, wristbands or any other payment device / vehicle / peripheral ("Cards") to Members for the purpose of processing Transactions. Unless stated otherwise, Cards remain the property of the Merchant who issued them and may be requested to be returned at any time.

 

  1. Your Privacy.
    • Your privacy is paramount to LoyLap. We may request certain information from Members to provide our Merchants with information on their customers so that they can better understand their business. All information which we provide to Merchants is designed to improve the service provided by Merchants for the benefit of their loyal customers.
    • Our Privacy Statement is incorporated into these Terms. Upon acceptance of these Terms you confirm that you have read, understood and accepted LoyLap’s Privacy Statement.[1]

 

  1. Customer Service and Complaints.
    • You understand and agree that LoyLap is not responsible for fulfilment of the goods and/or services that are offered to you by Merchants who participate in the Services. However, if a Merchant breaches any term of its agreement with LoyLap or the terms and conditions of their Loyalty Program, we will take reasonable measures to work with you and the Merchant to resolve the issue.
    • In the event that you have any issue with any Transaction processed by a Merchant, you should contact the Merchant or follow the procedure set out in the Services. The Member shall, in the event of any issue with any Transaction or Loyalty Program, have no claim against LoyLap. Any claims by a Member for non-fulfilment or incorrect fulfilment shall exist and be made by the Member exclusively against the applicable Merchant.

 

  1. LoyLap Transaction.
    • LoyLap Transactions include a wide variety of services. In particular, certain Transactions may provide Members and Merchants with the ability to enter into an agreement amongst themselves whereby Members prepay for goods and/or services. LoyLap accepts no responsibility whatsoever for any Transaction where monies are prepaid by Members to Merchants. You agree and understand that all monies prepaid through any Transaction may be non-refundable.
    • For the avoidance of doubt, any Transaction where the Member prepays a sum to a Merchant represents an agreement between the Merchant and Member. Accordingly, LoyLap accepts no responsibility, in any disputes arising out of such Transactions, including but not limited to:
      • failure by the Merchant to satisfy full amounts advanced by the Member;
      • the Merchant entering liquidation, examinership, administration, receivership or any other insolvency proceedings; or
      • any other issue which does not relate directly to the functionality of LoyLap's technology infrastructure.

 

    • We have implemented technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

  1. Loss or Non-Permitted Use.
    • It is your responsibility to ensure that your mobile device and LoyLap Card are kept safe and in a secure place at all times. We strongly recommend that your mobile device is secured by way of a pin-code, password or your mobile device’s equivalent. In the event that your mobile device and/or LoyLap Card is lost, stolen or otherwise used without your permission, LoyLap accepts no responsibility and excludes all liability for any loss suffered by you as a result of such non-permitted use. Notwithstanding this, if your mobile device or LoyLap Card is lost, stolen or otherwise used without your permission you should contact us through the Services. LoyLap will endeavour to suspend the LoyLap Member Account and/or LoyLap Card on receiving this email as soon as is reasonably practicable thereafter.

 

  1. Suspension and Termination.
    • It is of great importance to us that you receive a reliable and efficient service. However, should we have reasonable grounds to suspect that you have:
      • breached these Terms; or
      • been involved or participated in dishonest, abusive or fraudulent behaviour with respect to the Services, we reserve the right to immediately suspend or cancel your account without prior notice or warning.
    • You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, etc., that accesses the Services in a manner that sends more request messages to the LoyLap servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect, mine or reproduce any personal identifiable information, including account names, from the Services nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. LoyLap may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability, if, in LoyLap’s sole determination, you violate any of the Terms, including, but not limited to, the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Services; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Services; or, (vi) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, registering for the Services with false or misleading personal details. Upon termination for any reason, you continue to be bound by these Terms.
    • You may close your LoyLap Member Account at any time by following the instructions provided in the Services.

 

  1. Effect of Termination.
    • We will not be liable to you for compensation, reimbursement, or repayment of any kind in connection with any termination or suspension of your LoyLap Member Account. Upon termination, howsoever arising, you may no longer be entitled to any Rewards or benefits accruing under any Loyalty Program and all associated balance Rewards you received on the Services will be deleted and you will not be reimbursed such Rewards. Rewards cannot be transferred to any other person or medium.

 

  1. General Liability.
    • Members should take careful note of the following:
      • LoyLap is not the seller of the products and/or services supplied by Merchants;
      • the rights and obligations relating to the Members' acquisition of any goods or services provided by a Merchant shall exist between the Merchant and Member only. Following the conclusion of a contract between a Member and a Merchant, LoyLap assumes no warranty or liability for any of the Merchant's obligations thereunder;
      • Merchants are solely responsible for the supply of goods or services, including (but not limited to) all issues arising from any Transaction, Loyalty Programs or Rewards. In this regard, LoyLap excludes all liability for any damage, loss, consequential loss, bodily harm or any other adverse effect which may arise from the products and/or services provided by Merchants; and
      • LoyLap assumes no liability to any Member whatsoever, including without limitation, liability by reason of the termination or amendment of any Transaction, Loyalty Program or Reward or the addition or removal of any Merchants from the Services.
    • Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited by applicable law. As a consumer, nothing in these Terms affects your non-excludable statutory rights.
    • While we try to ensure that all information relating to the Services (including but not limited to promotions, prices, Merchants and their products/services) is accurate and up-to-date there may be, on a rare occasion, errors or omissions in respect of the information displayed on the Services. We exclude all liability for any such errors and/or omissions and we will be entitled to cancel or amend any such service, promotion or offer subject to such an error and/or omission. If we notice an error or omission we may contact you to inform you of the amendment or cancellation.
    • Without limitation to the foregoing, LoyLap shall not be liable for any direct, indirect or consequential loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation and damage to or corruption of data.
    • Without prejudice to Clause 14.2 LoyLap's maximum aggregate liability for all claims for breach of these Terms (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the lesser of: (i) 50% of the total value of any Rewards earned by the Member in the previous one (1) month period; or (ii) ten euro (€10).

 

    • Members and Merchants may be given the opportunity to post Content onto the Services. LoyLap excludes any and all liability in respect of Prohibited Material uploaded by Members. LoyLap does not endorse any Content uploaded by Members and/or Merchants.  If you believe that Prohibited Material has been uploaded or in any way disseminated through the Services please contact us through the Services. For the avoidance of doubt, uploading or in any way disseminating Prohibited Material on the Services is considered a fundamental breach of these Terms and may result in the offending party’s LoyLap Member Account being suspended and/or terminated.
    • For any Content that you upload to the Services, you grant LoyLap a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that Content throughout the world in any media in order to provide and promote the Services and LoyLap’s business, including for LoyLap's own advertising and marketing purposes. You retain all rights in your Content, subject to the rights granted to LoyLap in these Terms.
    • Without limitation to the foregoing, LoyLap excludes any and all liability in respect of infringement of intellectual property rights by Content. LoyLap respects the intellectual property rights of others and we ask you to do the same. If you believe that your work has been posted on the Services of LoyLap in a way that constitutes intellectual property right infringement, please contact us through the Services.

 

  1. Third Party Services and Links to Other Web Sites.
    • You may be offered Third Party Services through the LoyLap App or website (www.LoyLap.com). If you decide to use these Third Party Services you will be responsible for reviewing and understanding their terms of use. You agree that LoyLap is not responsible for the performance of such Third Party Services. The LoyLap website (www.LoyLap.com) may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by LoyLap. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained within these Terms or our Privacy Statement. LoyLap expressly disclaims any liability for these websites. Please remember that when you use a link to which leads you to another website, our Privacy Statement is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.

 

  1. Severability Clause.
    • If any provision of these Terms is prohibited by law or judged by a court to be invalid, illegal or otherwise unenforceable, such provision shall not affect the other provisions of these Terms and the enforceability of the remainder of these Terms shall not be affected.

 

    • These Terms shall be governed by and construed in accordance with Irish law and each party agrees to submit to the exclusive jurisdiction of the Irish courts.
  1. Entire and Final Terms.
    • These terms and any documents referred to herein constitutes the entire Terms between the Merchant and LoyLap and supersedes all other terms, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • In these Terms, we use various defined terms. You will recognise that they are defined as they begin with a capital letter. This is what they mean:

“Compatible Mobile Device” means any iPhone which operates from the ‘iOS7’ platform or above and any other mobile device which operates from Android 2.3 (‘Gingerbread’) or above that complies with Clause 3 of these Terms.

“Content” means any content, including but not limited to images, videos, hyperlinks and text (including opinions and statements) uploaded to the Services by a Member or Merchant.

“LoyLap”, “We” (or “we”) or “us” means Smart Points Limited trading as LoyLap with an address at Suite 12, Guinness Enterprise Centre, Taylor's Lane, Dublin 8, Ireland including any subsidiaries or affiliates of Smart Points Limited.

“LoyLap App” means the ‘LoyLap’ and ‘LoyLap Merchant’ mobile applications available for download on the Apple App Store and Google Play Store.

“LoyLap Member Account” means a person who registers an account with LoyLap or otherwise uses the Services to purchase goods and/or services from Merchants.

“LoyLap Merchant Account” means a Merchant's account with LoyLap that is used for processing Transactions applicable to that Merchant.

“Loyalty Program” means the terms and conditions set by Merchants and pursuant to which a Merchant provides Rewards to Members through the Services.

“Member” means any person who uses the Services to avail of any goods or services provided by Merchants or who carry out any Transactions or participate in any Loyalty Program.

“Merchant” means a supplier of goods and/or services who has a LoyLap Merchant Account.

“Premises” means the building used by the Merchant for the purposes of supplying goods and/or services to Members.

“Prohibited Material” means any Content which is defamatory, offensive, abusive or illegal.

“Rewards” means any cash back, loyalty stamps or any other product/service provided by a Merchant to Members in exchange for their loyalty via the Services.

“Services” means the LoyLap App, analytics and all other associated features and any and all services provided by LoyLap via the website (www.LoyLap.com) including, but not limited to, any Transactions and any forum on which Content may be uploaded.

“Terms” means these LoyLap Member Terms of Use which incorporates LoyLap’s Privacy Statement.

“Third Party Services” means services, products and promotions supplied by a party other than LoyLap.

“Transaction” means any interaction carried out by a Member or a Merchant on the Services.

“You” (or “you”) and “Your” (or “your”) means the Member.

 

 

 

[1] Privacy Statement: https://www.loylap.com/privacy-statement