End User Licence Agreement
(Version 1 – applicable to downloads after 1 July 2016)
PLEASE READ CAREFULLY – BY DOWNLOADING THIS APP YOU AGREE TO THESE TERMS.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Rewarding Visits Ltd, a company registered in England and Wales under company number 08240602 of 10 Wrens Court, 48 Victoria Road, Sutton Coldfield, West Midlands, B72 1SY (Licensor, us or we) for Rewarding Visits mobile application software, the data supplied with the software, and the associated media (App).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site the App was downloaded (Appstore) (those rules or policies are known as the Appstore Rules).
We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES AN APPLE OR ANDROID DEVICE
BY DOWNLOADING THE APP FROM THIS WEBSITE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU.
IN PARTICULAR, PLEASE READ CAREFULLY THE LIMITATIONS ON OUR LIABILITY IN CONDITION 10
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS BY CLICKING ON THE "CANCEL" BUTTON. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.
1) The App
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by sending you a notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not accept any changes to these terms, you must immediately cease using the App and delete the App from your device.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App or the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
We assume that you have obtained permission from the owners of the mobile telephone or handheld devices on which the App is downloaded (Devices) that are controlled, but not owned, by you to download a copy of the App onto the Devices. You or they may be charged by your or their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you and whether or not such use is by you or by a third party.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data to provide you with location-based services. You may withdraw this consent at any time by turning off the location services settings on your device.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2) Grant and scope of licence
The term of the licence under this EULA shall commence on the date that you accept this EULA and install the App.
If you are a consumer, you may download or stream a copy of the App onto the Devices and view, use and display the App on the Devices for your personal purposes only.
If you are a retailer, you may download or stream a copy of the App onto the Devices and view, use and display the App on the Devices for your internal business purposes relating to the Rewarding Visits loyalty scheme.
3) Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service, together Licence Restrictions.
4) Accessing our App
We do not guarantee that our App, or any content on it, will be free from errors or omissions or that it our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our App.
Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our App or any service or product described on our App to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
The content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up-to-date.
Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
5) Your Account and Password
If you choose, or you are provided with, a user 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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
We do not guarantee that our App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
7) Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together Acceptable Use Restrictions.
8) Intellectual property rights
You acknowledge that all intellectual property rights in the App, and in the material published on it, anywhere in the world belong to us or our licensors, that rights in the App and such content are licensed (not sold) to you, and that you have no rights in, or to, the App, the Services or the content on the App other than as expressly set out in this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
9) Limited warranty
We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the description on the App on the Appstore (Description) at the date on which the App is downloaded or streamed to the Devices (Warranty Period).
The warranty does not apply:
- if the defect or fault in the App or any Service results from you having altered or modified the App;
- if the defect or fault in the App results from you having used the App in breach of the terms of this EULA;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10) Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App in the Description meet your requirements.
If you are a consumer, you agree not to use the App for any commercial, business or resale purposes.
If you are a retailer, you agree not to use the App for any resale purposes.
We have no liability to you for any loss of profit, sales, business or revenue, loss of business, loss of goodwill, business interruption, loss of business opportunity or any indirect or consequential loss.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 10.6, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
We shall have no liability to you under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise except as set out in clause 10.7 and clause 10.8.
If you are a consumer and if the App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
If you are a consumer, this EULA will automatically terminate on termination of the consumer terms and conditions available here.
If you are a retailer, this EULA will automatically terminate on termination of the retailer terms and conditions available here.
On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
12) Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Rewarding Visits Ltd at 10 Wrens Court, 48 Victoria Road, Sutton Coldfield, West Midlands, B72 1SY and [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
13) Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
14) Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
If you are a consumer, please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a retailer, this EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA or its subject matter or formation (including non-contractual disputes or claims).