Customer Terms of Use

LoyLap provides software that enables participating businesses ("Merchants") to operate digital loyalty programmes, gift cards, rewards, customer engagement and payment experiences.

LoyLap is a technology platform.

LoyLap is not:

• the seller of goods or services offered by Merchants;
• the issuer of loyalty rewards;
• the issuer of gift cards;
• a bank;
• an electronic money institution;
• a payment account provider.

Unless these Terms expressly state otherwise, LoyLap acts solely as the technology provider connecting you with participating Merchants.

Whenever you purchase goods or services through a Merchant using LoyLap, your contract is directly with that Merchant.

The Merchant is solely responsible for:

• the goods and services it supplies;
• prices;
• availability;
• refunds;
• warranties;
• customer service;
• loyalty programmes;
• rewards;
• gift cards;
• prepaid balances;
• promotional offers; and
• complying with applicable consumer laws.

LoyLap is not responsible for the Merchant's performance of these obligations.

Each Merchant decides how its loyalty programme operates.

This includes:

• how points or stamps are earned;
• how rewards are redeemed;
• expiry periods;
• eligibility;
• promotional offers;
• programme rules; and
• whether the programme continues to operate.

Merchants may amend or discontinue their loyalty programmes at any time, subject to applicable law.

LoyLap is not responsible for any decision made by a Merchant regarding its loyalty programme.

Some Merchants issue digital gift cards, prepaid balances or stored value through the Services.

These balances are issued by the Merchant.

They remain the legal responsibility and liability of the Merchant at all times.

LoyLap does not issue, guarantee, insure or redeem gift cards or stored value.

If a Merchant refuses redemption, changes its programme, limits redemption, becomes insolvent or ceases trading, any claim relating to those balances must be made against the Merchant and not against LoyLap.

The LoyLap App may display:

• loyalty points;
• stamps;
• rewards;
• gift card balances;
• prepaid balances; or
• other information relating to your relationship with a Merchant.

These balances are maintained by, or on behalf of, the relevant Merchant.

While LoyLap uses reasonable efforts to display accurate information, the Merchant remains solely responsible for determining the correct balance.

If you believe a balance is incorrect, you should contact the Merchant directly.

The Services may allow you to make purchases using payment methods supported by participating Merchants.

Where payments are processed through the Services:

• the Merchant remains the seller of the goods or services;
• payment processing may be carried out by the Merchant or its payment service provider;
• LoyLap provides the technology that facilitates the transaction.

LoyLap is not the merchant of record and does not receive or hold customer funds except where expressly required to facilitate technical payment processing.

If a Merchant:

• ceases trading;
• enters liquidation;
• administration;
• receivership;
• examinership;
• bankruptcy; or
• any similar insolvency process,

any outstanding loyalty rewards, gift cards or prepaid balances may become unavailable.

LoyLap has no obligation to reimburse, replace or redeem those balances.

To use certain Services you must create a LoyLap account.

You agree to:

• provide accurate information;
• keep your information up to date;
• keep your login credentials secure;
• notify us if you believe your account has been compromised.

You must be at least 13 years old, or such higher age as required by local law, to create an account.

You agree not to:

• misuse the Services;
• attempt to gain unauthorised access;
• interfere with the operation of the Services;
• upload malicious software;
• impersonate another person;
• use automated systems to access the Services except where authorised.

Your use of the Services is also governed by our Privacy Policy.

Where you interact with a Merchant, certain information may be shared with that Merchant in order to provide loyalty, rewards and customer engagement services.

Each Merchant is independently responsible for the personal data it collects and processes.

For questions about:

• purchases;
• refunds;
• products;
• services;
• loyalty balances;
• rewards;
• gift cards; or
• promotions,

you should contact the relevant Merchant.

For questions relating to:

• your LoyLap account;
• technical issues;
• login problems; or
• operation of the App,

you may contact LoyLap.

Where appropriate, LoyLap may assist in facilitating communication between you and the Merchant but is not responsible for resolving disputes concerning goods, services or balances.

We may suspend or terminate your account if:

• you breach these Terms;
• fraudulent activity is suspected;
• your use threatens the security of the Services;
• required by law.

Where reasonably possible we will notify you before doing so.

We aim to keep the Services available at all times.

However, the Services may occasionally be unavailable due to:

• maintenance;
• upgrades;
• technical faults;
• third-party failures;
• circumstances beyond our reasonable control.

We do not guarantee uninterrupted availability.

All intellectual property rights in the Services remain the property of LoyLap or its licensors.

Nothing in these Terms transfers ownership of those rights to you.

To the fullest extent permitted by law:

• LoyLap is not responsible for the goods or services supplied by Merchants.
• LoyLap is not responsible for any Merchant loyalty programme.
• LoyLap is not responsible for gift cards, prepaid balances or stored value issued by Merchants.
• LoyLap is not responsible for refunds owed by Merchants.
• LoyLap is not responsible for the insolvency or closure of any Merchant.
• LoyLap is not responsible for any loss arising from changes made by a Merchant to its programmes or offers.

Nothing in these Terms limits liability which cannot legally be excluded under applicable law.

We may update these Terms from time to time.

Where required by law, we will notify you of material changes.

Continued use of the Services constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the republic of Ireland.

The Irish courts shall have exclusive jurisdiction except where mandatory consumer protection laws provide otherwise.

• Customer means an individual using the Services.
• Merchant means a business using the LoyLap platform.
• Services means the LoyLap application, website and associated technology provided by LoyLap.
• Stored Value includes gift cards, prepaid balances, account credit and any similar value issued by a Merchant.
• Rewards includes loyalty points, stamps, cashback, discounts and promotional benefits issued by a Merchant.