Terms & Conditions

Welcome to www.loyaliser.com (together with any related websites, the “Site”). The Site is owned and operated by Loyaliser. (“Loyaliser”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to Loyaliser that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Loyaliser are collectively referred to as the “Parties” and each is a “Party”.

Agreement to Terms:
Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

Representation and Authority:
You represent to Loyaliser that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Loyaliser are collectively referred to as the “Parties” and each is a “Party”.

Subscription Agreement:
These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Loyaliser.

Loyaliser Content:
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Loyaliser or its licensors (“Loyaliser Content”). The Site (including the Loyaliser Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Loyaliser, Loyaliser owns and retains all rights in the Site and the Loyaliser Content. Loyaliser hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Loyaliser Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Loyaliser in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Loyaliser Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Loyaliser Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Loyaliser Content.

Trademarks:
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Loyaliser or other third parties. You are not permitted to use these Marks without the prior written consent of Loyaliser or such third party.

Third-Party Services:
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Loyaliser, and you do so at your own risk. Loyaliser is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Loyaliser is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

Privacy:
Please review Loyaliser’s Privacy Policy for the Site (“Privacy Policy”) to learn about Loyaliser’s information collection, usage and disclosures practices with respect to information collected by Loyaliser through the Site.

Acceptable Use:
Your use of the Site is subject to Loyaliser’s Acceptable Use Policy.

Compliance with Laws:
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”).

Indemnity:
You agree to defend, indemnify and hold harmless Loyaliser, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses.

Disclaimers:
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY LOYALISER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Responsibility for End Users:
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis.

Termination and Monitoring:
If you violate these Terms, Loyaliser may suspend or terminate your use of the Site.

Electronic Communications:
When you visit the Site or send emails to Loyaliser, you are communicating with Loyaliser electronically.

Modifications:
Loyaliser may modify these Terms at any time by posting a revised version on the Site.

Governing Law:
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware.

Miscellaneous:
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written.

Contact:
Please contact Loyaliser at [email protected] with any questions regarding these Terms.