Terms of Use

Welcome to Loyallty 

 
Thank you for visiting the Loyallty Ltd website at www.loyallty.co.uk. These Terms and Conditions, along with our Privacy & Cookie Policy and any additional documents referenced here, form a binding agreement between you and Loyallty Ltd.  
By using our website, services, mobile app, WhatsApp, SMS, or email communications, whether as a guest or registered user, you confirm that you accept and will follow these Terms.  
If you do not agree to these Terms, please stop using our services immediately. 
 

Parties Involved 

 
(1) “Loyallty Ltd” refers to the company registered in England and Wales (company number 8398662), with its office at 220 Burrow Road, Chigwell, IG7 4NQ, UK. 
 
(2) “Merchant” means the person or business subscribing to our services, whose details are provided in their Subscription Particulars. 
 

Background 

 
(A) Loyallty creates and licenses software that allows businesses to run customer loyalty programs. This software is accessible through the internet, mobile devices, point-of-sale systems (POS), and digital platforms. 
 
(B) The Loyallty platform helps merchants run and manage loyalty programs in-store and online. 
 
(C) The Merchant wants to use Loyallty’s platform, and Loyallty agrees to provide it under the conditions outlined in these Terms. 
 

1. Interpretation 

 
This section defines key terms used throughout this agreement to avoid confusion: 
 
– App(s): Mobile applications released by Loyallty. 
– Business Day: Any day that is not a Saturday, Sunday, or Christmas Day. 
– Customer: Someone who buys goods or services from the Merchant and uses the Loyallty platform. 
– Clientele: Customers participating in a Merchant’s loyalty program via QR code, contact info, or WhatsApp. 
– Customer Data: Information provided by or collected from customers to operate the service. 
– Confidential Information: Any private or sensitive business data. 
– Merchant Data: Data provided by the Merchant for use of the services. 
– Documentation: User guides or instructions made available by Loyallty. 
– Effective Date: The date the Merchant starts using Loyallty’s services. 
– Improvements: Any updates, modifications, or enhancements to the services. 
– Services: The subscription services that Loyallty provides. 
– Site: The Loyallty website or any platform where services are offered. 
– SMS: Text messages with a maximum of 160 characters. 
– Software: Loyallty’s online applications. 
– Subscription Fees: The cost of using the service. 
– Subscription Term: The length of time the agreement is valid. 
– Subscription Particulars: The specific details of your plan. 
– Virus: Harmful software that could damage systems or data. 
 
Interpretation notes: Any reference to a “person” includes companies. Singular words include plural, and vice versa. References to writing include letters and faxes but not emails. 
 

2. Licence 

 
This section outlines the rights granted to you (the Merchant) to use Loyallty’s services. 
 
2.1 Loyallty gives you a limited, non-exclusive, and non-transferable license to use its services and related documents during your subscription. This means you can use the services for your business but cannot give or sell access to anyone else. 
 
2.2 Only your employees are allowed to use these services under your subscription. 
 
2.3 You must not use the services to upload or share anything harmful, illegal, violent, obscene, discriminatory, or otherwise inappropriate. If you do, Loyallty may block your access without warning. 
 
2.4 You must NOT do any of the following: 
– Copy, modify, or share the software or documents, unless the law allows it. 
– Try to decode or reverse-engineer the software. 
– Use the services to create competing software. 
– Offer Loyallty’s services to others as part of your own business. 
– Give, sell, or rent access to anyone outside your company. 
– Help others bypass these rules. 
 
2.5 You agree to: 
– Follow Loyallty’s reasonable instructions (e.g., on how to use or promote the service). 
– Use the service according to provided instructions and documentation. 
– Keep your business data accurate and current. 
– Avoid doing anything that could harm Loyallty’s reputation. 
– Stop unauthorized users from accessing your account and inform Loyallty immediately if that happens. 
 
2.6 These rights are granted only to your business, not to any affiliated or parent company. 
 

3. Services 

 
This section explains what Loyallty will provide to you as part of your subscription. 
 
3.1 Loyallty promises to do its best to keep the service running during your subscription. However, it may change, pause, or stop parts of the service at any time without needing to give a reason. You understand that the service might sometimes face technical issues, interruptions, or errors. Loyallty is not liable for any of these issues and is not required to continue updating or releasing new versions. 
 
3.2 Loyallty aims to keep the services available 24/7, but there are exceptions: 
– Planned maintenance, which Loyallty will try to inform you about ahead of time. 
– Unexpected issues caused by things beyond their control like natural disasters, government actions, internet outages, or strikes. 
 
3.3 If your subscription includes SMS messaging, there’s a fair usage policy. If your use of SMS becomes too costly or unprofitable for Loyallty, they may limit your usage. 
 
3.4 Loyallty cannot guarantee that all SMS messages will be delivered successfully to your customers. Some messages may be blocked or fail due to reasons outside Loyallty’s control. Loyallty is not responsible for any damages caused by undelivered messages. 
 

4. Customer & Merchant Data 

 
This section explains how customer and merchant data is handled. 
 
4.1 Loyallty will handle both Merchant and Customer data to deliver its services. It will follow its Privacy & Cookie Policy to protect this data, and the policy may be updated from time to time. 
 
4.2 Both Loyallty and the Merchant agree to follow all rules under the General Data Protection Regulation (GDPR). The Merchant confirms that they are currently compliant and will remain compliant throughout their subscription. 
 
4.3 Personal data may need to be stored or processed outside the Merchant’s home country. The Merchant agrees that this may be necessary to provide the service. 
 
4.4 The Merchant is responsible for making sure that they have permission to share personal data with Loyallty. This allows Loyallty to use, process, and transfer the data legally on the Merchant’s behalf. 
 
4.5 The Merchant must also inform any customers (third parties) whose data is being used, and get their consent, if required by law. 
 
4.6 Loyallty agrees to handle personal data only in line with these Terms and with any lawful instructions from the Merchant. 
 
4.7 Both Loyallty and the Merchant must take appropriate security steps to prevent unauthorized access, data loss, or damage to personal data. 
 

5. Third Party Providers 

 
This section explains how Loyallty’s services may involve third-party websites or services. 
 
The Merchant understands and agrees that using Loyallty’s services might involve interacting with third-party websites, platforms, or providers. For example, you or your customers might follow links, make purchases, or communicate through third-party services. 
 
Loyallty is not responsible for anything that happens on these third-party websites. That includes the content, your use of their services, or any purchases or agreements made. If you or your customers enter into contracts with third parties, that agreement is strictly between you (or your customer) and the third party—Loyallty is not involved. 
 
We strongly recommend reviewing the terms and privacy policies of any third-party websites before using them. Loyallty does not endorse or approve any third-party content accessed through its services. 
 

6. Disclaimer 

 
This section explains the limits of Loyallty’s responsibilities. 
 
6.1 Loyallty does not guarantee that the services will always work perfectly or without interruption. It also does not promise that the services or documentation will meet all of your specific business needs. 
 
Loyallty is not responsible for problems caused by the internet or other communication networks. These problems can include delays, data losses, or failures in delivering services. 
 
6.2 These Terms do not stop Loyallty from offering similar services to others or developing similar products independently. Just because you use Loyallty’s service doesn’t mean it’s exclusive to your business. 
 

7. Merchant’s Obligations 

 
This section outlines what you, the Merchant, are responsible for while using Loyallty’s services. 
 
7.1 You agree to follow all relevant laws and regulations related to your use of the services. 
 
7.2 You must ensure that you and your staff use the services and documents correctly, and follow these Terms. You’re responsible if your team violates these rules. 
 
7.3 You are required to get and maintain all the necessary permissions, licenses, or approvals so Loyallty and its partners can deliver the service to you. 
 
7.4 You must make sure your internet and computer systems meet the technical requirements specified by Loyallty. 
 
7.5 You are responsible for maintaining your internet connection and related equipment. Any problems caused by your own network or internet setup—such as delays, failures, or data loss—are your responsibility, not Loyallty’s. 
 

8. Charges and Payment 

 
This section explains how fees work and your responsibilities when it comes to payment. 
 
8.1 As the Merchant, you agree to pay the subscription fees stated in your subscription plan. 
 
8.2 Fees are paid either monthly or yearly in advance, depending on the plan you chose. Payments are due on the same day each month or year, starting from the date you first subscribed. Payment rules also follow the policies mentioned in your subscription details or on the website. 
 
8.3 If you fail to pay within 10 days of the due date, Loyallty may disable your access to the services. They are not required to continue providing access until your overdue balance is paid. 
 
8.4 All fees are non-refundable and cannot be canceled. Prices listed do not include value-added tax (VAT) or any other applicable sales tax, which will be added to your invoice where appropriate. 
 

9. Proprietary Rights 

 
This section clarifies who owns what. 
 
9.1 Loyallty and its licensors (those who gave Loyallty rights) own all the intellectual property related to the services, apps, and documents. This includes copyrights, trademarks, patents, databases, and trade secrets. Using the services does not give you ownership of any of these rights. 
 
9.2 Loyallty confirms it has full legal rights to provide the services and grant you the permissions outlined in this agreement.