I. Acceptance of terms
Thank you for using Loyaltier. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Loyaltier website at www.loyaltier.com (the “Site”) and any related mobile or software applications (“Loyaltier Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future Loyaltier users.
Please read these Terms carefully. By accessing or using the Loyaltier Platform, you are agreeing to these Terms and concluding a legally binding contract with Cambrian Hub Technologies FZE, TechnoHub 1, Dubai Silicon Oasis, Dubai, UAE. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Loyaltier Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by actually using the Services. In this case, you understand and agree that Loyaltier will treat your use of the Services as acceptance of the Terms from that point onwards.
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as, profile information, and any other materials that you displayed in your account profile. “Loyaltier Content” means content that Loyaltier creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Loyaltier or its users and is available on the Services.
III. Eligibility to use the services
- You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Loyaltier may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Loyaltier Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Provision of the services being offered by Loyaltier
- Loyaltier is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Loyaltier provides, may require effecting certain changes in it, therefore, Loyaltier reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if Loyaltier disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- You acknowledge and agree that while Loyaltier may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Loyaltier may set such fixed upper limits at any time, at Loyaltier’s discretion.
- By using Loyaltier’s Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Loyaltier disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Loyaltier reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Loyaltier does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Loyaltier. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Loyaltier. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Loyaltier.
- Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Restaurant’s listing page on the Platform is for informational purposes only. Such Certification is displayed by Loyaltier on an ‘as available’ basis that is provided to Loyaltier by the Restaurant partner(s). Loyaltier does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and Loyaltier in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner.
- Loyaltier may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Loyaltier Platform terms. Further, Loyaltier reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Loyaltier determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Loyaltier Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Loyaltier reserves the right to modify, cancel and discontinue its Program without notice to the User.
VI. Use of services by you or user
1. Loyaltier User Account
- You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Loyaltier account for any purpose and that you will be liable for such unauthorized access.
- By creating an account, you agree to receive certain communications in connection with Loyaltier Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Others Terms
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by Loyaltier (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Loyaltier in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Loyaltier, unless you have been specifically allowed to do so, by way of a separate agreement with Loyaltier. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
1. Ownership of Loyaltier Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Loyaltier Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Loyaltier and that you shall not disclose such information without Loyaltier’s prior written consent.
- You agree to protect Loyaltier’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Loyaltier (or Loyaltier’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Loyaltier and that you shall not disclose such information without Loyaltier’s prior written consent. Unless you have agreed otherwise in writing with Loyaltier, nothing in the Terms gives you a right to use any of Loyaltier’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Loyaltier; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Loyaltier’s Content in whole or in part except as expressly authorized by Loyaltier.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to Loyaltier Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Loyaltier Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Loyaltier Content or our IP Rights.
- Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
IX. User feedback
- If you share or send any ideas, suggestions, changes or documents regarding Loyaltier’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Loyaltier is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Loyaltier may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Loyaltier and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on Loyaltier’s existing products or marketing strategies; do not include any ideas that Loyaltier’s policy will not permit it to accept or consider.
- Notwithstanding the abovementioned clause, Loyaltier or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Loyaltier or any of its employees.
- The purpose of this policy is to avoid potential misunderstandings or disputes when Loyaltier’s products or marketing strategies might seem similar to ideas submitted to Loyaltier. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
- Terms of Idea Submission. You agree that: (1) your Submissions and their Contents will automatically become the property of Loyaltier, without any compensation to you; (2) Loyaltier may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Loyaltier to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
X. Loyaltier Membership Program
Loyaltier Membership Program is a membership based program available in select countries which allows its members to obtain discounts on services provided by Loyaltier.
- As a member of Loyaltier’s Membership Program, you will be entitled to collect membership points which at a certain ratio to the Bill Value (as defined below) when You pay the Bill Value.
- You can redeem these membership points as a discount of 1 AED for each point collected on the “Bill Value” when you pay the Bill Value.
- Bill Value shall mean the total amount set out in the bill for food and beverages, rooms and other services, as per the discretion of Loyaltier.
General Terms and Conditions
- Loyaltier shall not be liable for any acts or omissions including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
- Please note that some of the food and beverages may be suitable for certain ages only.
- Discount Codes can only be used by You subject to such terms and conditions set forth by Loyaltier from time to time.
XI. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
You Acknowledge And Agree That The Services Are Provided “As Is” And “As Available” And That Your Use Of The Services Shall Be At Your Sole Risk. To The Fullest Extent Permitted By Applicable Law, Loyaltier, Its Affiliates And Their Respective Officers, Directors, Employees, Agents, Affiliates, Branches, Subsidiaries, And Licensors (“Loyaltier Parties”) Disclaim All Warranties, Express Or Implied, In Connection With The Services Including Mobile Apps And Your Use Of Them. To The Fullest Extent Permitted By Applicable Law, The Loyaltier Parties Make No Warranties Or Representations That The Services Have Been And Will Be Provided With Due Skill, Care And Diligence Or About The Accuracy Or Completeness Of The Services’ Content And Assume No Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies Of Content, (Ii) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of The Services, (Iii) Any Unauthorized Access To Or Use Of Our Servers And/Or Any And All Personal Information Stored Therein, (Iv) Any Interruption Or Cessation Of Transmission To Or From The Services, (V) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Services Through The Actions Of Any Third Party, (Vi) Any Loss Of Your Data Or Content From The Services And/Or (Vii) Any Errors Or Omissions In Any Content Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted, Emailed, Transmitted, Or Otherwise Made Available Via The Services. Any Material Downloaded Or Otherwise Obtained Through The Use Of The Services Is Done At Your Own Discretion And Risk And You Will Be Solely Responsible For Any Damage To Your Computer System Or Other Device Or Loss Of Data That Results From The Download Of Any Such Material. The Loyaltier Parties Will Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And Third-party Providers Of Products Or Services. You Are Solely Responsible For All Of Your Communications And Interactions With Other Users Of The Services And With Other Persons With Whom You Communicate Or Interact As A Result Of Your Use Of The Services. No Advice Or Information, Whether Oral Or Written, Obtained By You From Loyaltier Or Through Or From The Services Shall Create Any Warranty Not Expressly Stated In The Terms. Unless You Have Been Expressly Authorized To Do So In Writing By Loyaltier, You Agree That In Using The Services, You Will Not Use Any Trade Mark, Service Mark, Trade Name, Logo Of Any Company Or Organization In A Way That Is Likely Or Intended To Cause Confusion About The Owner Or Authorized User Of Such Marks, Names Or Logos.
2. Limitation of Liability
You agree to indemnify, defend, and hold harmless the Loyaltier Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XII. Termination of your access to the services
1. You can delete your account at any time by contacting us on email@example.com and ceasing further use of the Services.
2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XIII. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Loyaltier and you shall have no authority to bind Loyaltier in any form or manner, whatsoever.
5. Governing Law/Waiver:
(A) You Must Commence Any Legal Action Against Us Within One (1) Year After The Alleged Harm Initially Occurs. Failure To Commence The Action Within That Period Shall Forever Bar Any Claims Or Causes Of Action Regarding The Same Facts Or Occurrence, Notwithstanding Any Statute Of Limitations Or Other Law To The Contrary. Within This Period, Any Failure By Us To Enforce Or Exercise Any Provision Of These Terms Or Any Related Right Shall Not Constitute A Waiver Of That Right Or Provision.
6. Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
7. Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.