Invitation Digital Limited - Loyaltycloud European Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
These Terms of Service are between Invitation Digital Limited of Merchants House, Wapping Road, Bristol, BS1 4RW, a private limited company registered in England with company registered number 06570126 and its registered office at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, trading as "Loyaltycloud", and you.
Welcome to Loyaltycloud. We are glad you have chosen to use our application. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By downloading and using Loyaltycloud ("Loyaltycloud," "we" or "us"), you accept and agree to be bound by these Terms of Service. Loyaltycloud may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the Loyaltycloud website, loyaltycloud.com. The most current version will supersede all previous versions. By continuing to use the Loyaltycloud application after changes are made you agree to be bound by such changes.
Limitations on Use
You must be at least 13 years old to download and use the Loyaltycloud application, or, if you are not at least 13, you may download and/or use the Loyaltycloud application only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Loyaltycloud application.
Loyaltycloud and/or its licensors are the sole owners of the Loyaltycloud application, which includes any software, domains, and content made available through it. The Loyaltycloud application is protected by United Kingdom and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Loyaltycloud grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Loyaltycloud application without Loyaltycloud 's prior express written permission. Any unauthorized use of the Loyaltycloud application will terminate the limited license granted by us. Loyaltycloud and its graphics, logos, icons and service names related to the Loyaltycloud application are registered and unregistered trademarks or trade dress of Invitation Digital Ltd. They may not be used without Loyaltycloud 's prior express written permission. All other trademarks not owned by Loyaltycloud that appear in connection with the Loyaltycloud application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Loyaltycloud.
By downloading and using the Loyaltycloud application, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Loyaltycloud application. You also agree not to interfere with the servers or networks connected to the Loyaltycloud application or to violate any of the procedures, policies or regulations of networks connected to the Loyaltycloud application, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Loyaltycloud application; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Loyaltycloud application; (3) use the Loyaltycloud application for any unlawful purpose; or (4) resell or export the software associated with the Loyaltycloud application.
Loyaltycloud does not promote, recommend or condone use of the Loyaltycloud application during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Loyaltycloud application during such activities.
Charges for Using the Loyaltycloud application
Loyaltycloud currently provides the Loyaltycloud application to you free of charge. However, when
you use the Loyaltycloud application, you may be subject to charges imposed by your wireless or
other applicable carrier. Payment of such charges is solely your responsibility. The Loyaltycloud
application may not be accessible in some foreign countries, this will depend on the Loyaltycloud
application being supported by the foreign network. You should check with the local carrier whether
you will be required to pay additional charges for such access. The ability to download or access the
Loyaltycloud application may be restricted or impaired when on a roaming network abroad
Use of Information Submitted
You agree that Loyaltycloud is free to use any comments, information or ideas contained in any communication you may send to Loyaltycloud without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Loyaltycloud application or other products or services.
No Warranty & Liability Limit
Loyaltycloud provides the Loyaltycloud application "as is" and without any warranty or condition, whether express, implied or statutory. Loyaltycloud specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Loyaltycloud assumes no liability or responsibility for any errors or omissions in the Loyaltycloud application; any failures, delays or interruptions in the Loyaltycloud application; any losses or damages arising from the use of the Loyaltycloud application, including, without limitation, any damage to your mobile device; or any conduct by users of the Loyaltycloud application. We reserve the right to deliver the Loyaltycloud application in our sole and absolute discretion.
In no event shall Loyaltycloud, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Loyaltycloud application or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold Loyaltycloud and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Loyaltycloud application or your violation of any law or the rights of any third party.
You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Loyaltycloud arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Loyaltycloud application, Loyaltycloud's advertising or any related transaction shall be governed by and contrued in accordance with the laws of the United Kingdom.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and Loyaltycloud with respect to the subject matter hereof.
If you have any questions about these Terms of Service or the download and/or use of the Loyaltycloud application, please contact us at:
Invitation Digital Limited
1st Floor, Merchants House
Co No 06570126
Telephone: +44 (0) 117 926 1100
Fax: +44 (0) 117 926 1101