Terms & Conditions
These terms and conditions (“the Agreement”) apply to any party (“the Business”) wishing to engage KeepItLoyal.com (“Keep It Loyal”) for the provision of loyalty reward programs services (“the Services”) through its applications Keep It Loyal (“the App”). Please read these Terms and Conditions carefully before accessing or using the information and services for the App through its marketing platforms (“platforms”) or any website portal (“portal”) it provides. By accessing or using the platforms or portal for the App, the Business agrees that it has read, understood and agrees to be bound by Keep It Loyal Partner Terms & Conditions.
1.0 Services
1.1 Keep It Loyal provides the Services to businesses or representatives of businesses seeking to establish a loyalty reward program for Registered Members of the App.
1.2 Business loyalty reward programs will become live on the App only when the Business has approved all information, its offer and logo/ icon/ picture through the portal or written communication.
1.3 Keep It Loyal shall make such modifications to any loyalty reward program as are reasonably requested by the Business.
1.4 Keep It Loyal shall be entitled at any time without notifying the Business, to make changes to Business loyalty reward programs which are necessary to comply with any applicable security or statutory requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.
1.5 Keep It Loyal reserves the right to determine which Smartphone operating systems the app works on.
1.6 The Keep It Loyal Loyalty App’s and Platforms are not Social Media platforms or a Social Networking Site. There is no sharing of data or communication between the members of the Keep It Loyal App; or between the Businesses that have an account on the platform.
2. Setting up an account
2.1 The Business is required to create an account with Keep It Loyal if the Business wishes to engage the Services of Keep It Loyal.
2.2 The Business may be required to pay a ongoing subscription fee, which is agreed under a separate pricing schedule.
2.3 All rates are in United States dollars unless stated otherwise.
3. Business offer
3.1 The Business structures the offer and reward for its customers. The offer and reward are placed on the Registered Members application and must also be prominently displayed at the point of sale within the store.
3.2 The Registered Member is entitled to receive a points on the App for each purchase whether by value, quantity or visit. The registered member is entitled to receive a reward for achieving the required number points for that reward.
3.3 Any dispute regarding the loyalty program will be between the business and its customer. You agree that Keep It Loyal is not responsible, and shall have no liability to you or your customers, with respect to the loyalty program.
4. Business Communication & Data
4.1 Any electronic communication with Registered Members must be done through the Platforms or Portal or with a method and process previously agreed with Keep It Loyal.
4.2 Keep It Loyal owns its Registered Members contact details and transactional data records.
4.3 For paying business customers on certain subscription plans, Keep It Loyal may provide access to customer contact details and transactional data records relating only to customers and records pertaining to the offers and promotions that the business provides on the Keep It Loyal Platform.
4.4 Non-paying business customers shall receive no customer contact details or transactional data records unless otherwise agreed by Keep It Loyal.
4.5 Any customer contact details or transactional data records passed to the Business shall be used in accordance with this policy, the Keep It Loyal Privacy Policy, any relevant national SPAM and Data Protection acts and must be construed in accordance with the laws of the State of California, USA or comply with the laws in the place where the business is located.
4.6 For businesses that have customers located in the European Union and EEA area, they must comply with recent General Data Protection Regulations (GDPR). Businesses must ensure that if they use or extract any personally identifiable data, such as uploading email addresses to mailing lists or third-party mailing programs, that they keep these lists up to date and the remove any customer details that have been deactivated or deleted from the Keep It Loyal system.
4.7 Registered members have the right to request copies of their personal information and data held. Registered members also have the right to have their personal information deleted. Please refer to the Keep It Loyal Privacy Policy for more details.
5. Payment & Rights to Terminate a Service
5.1 Businesses may be required to pay a annual subscription may be charged according to an agreed schedule of rates.
5.2 Keep It Loyal can provide the Business with an invoice stating Keep It Loyal’ fees in relation to the Services provided to the Business on request.
5.3 All yearly fees will be paid in advance through a credit card. Credit cards may incur an additional surcharge. Unless otherwise agreed with Keep It Loyal.
5.4 The Business maybe offered a promotional offer to trial the program without charge. Once the free trial period ends, the Business will then be charged their first yearly subscription payment.
5.5 Additional services such as design, printing and communications may be provided at additional cost.
5.6 The Business may terminate the Service at any time.
5.7 A business can request cancel their subscription at any time by giving written notice to Keep It Loyal. Once confirmed by Keep It Loyal, the subscription will then automatically expire at the end of the current subscription period. No refund allowed.
5.8 Any outstanding subscription fees or other charges due must be paid in full prior to cancellation. The agreement shall then terminate at the next renewal date.
5.9 All requests to cancel must be made by submitting Cancellation Request through the contact us link on the Keep It Loyal website.
5.10 All payments made are non-refundable.
6. Keep It Loyal’s obligation
6.1 Keep It Loyal will use its reasonable endeavours to enable its Registered Members the facility for viewing the Business’s loyalty reward program on the App.
6.2 Keep It Loyal will use its reasonable endeavours to publish the Business’s loyalty reward program or provide other agreed loyalty reward programs Services to the Business by the agreed date.
7. Businesses obligations
7.1 The Business hereby undertakes and warrants to Keep It Loyal:
7.1.1 that the Business will use all reasonable precautions against access to the App through the portal by any unauthorised persons, including but not limited to the use of usernames and passwords and the securing of information relating to communications between the Business and the rest of the App;
7.1.2 that any information supplied by the Business is accurate, complete and true;
7.1.3 that the Business owns the copyright in or has authorisation from the copyright owner to upload, post, transmit, share, store or otherwise make available to Keep It Loyal for use on the App any advertisement which contains a name, pictorial representation or logo;
7.1.4 that material uploaded, posted, transmitted, shared or otherwise made available to the App through the portal is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
7.1.5 that each Loyalty Reward program is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
7.1.6 that no Loyalty Reward Offer contains any data, image or other material which;
(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;
(e) is designed or likely to cause disruption to any computer system or to any network; or
(f) is illegal or designed or likely to induce an illegal act.
7.2 The Business agrees to provide Keep It Loyal, in such a format as Keep It Loyal may request, any information, design work, artwork and logos necessary to enable Keep It Loyal to provide the Services.
8. Error or delay
8.1 Keep It Loyal does not accept liability for any consequences, howsoever arising, due to error or delay in the Service and has the right at its absolute discretion to decline to publish or omit, suspend or change the position of any Advertisement accepted by it.
9. Right of Refusal
9.1 Keep It Loyal reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement or provision of the Services for any reason and at any time without prior notice.
10. Reporting Illegal Content
10.1 Keep It Loyal may, at its absolute discretion and without prior notice, report to the relevant authorities any advertisement or loyalty reward programs service used, which in its reasonable opinion is being used for an improper or illegal purpose by the Business.
11. Intellectual property
11.1 All intellectual property rights (including future copyright) in the formation and other material appearing on the App vests in and is the exclusive property of Keep It Loyal, its assigns and licensors. The Business may not and must not allow or permit other parties whether or not on the Business’s behalf, to copy Business loyalty reward programs or other similar activities unless the Business have obtained the prior, written permission of Keep It Loyal.
11.2 All intellectual property uploaded to the App constitutes an assignment of the intellectual property from the Business to Keep It Loyal.
12. Confidentiality
12.1 Keep It Loyal retains all property rights in all information and all other knowledge relating to Keep It Loyal, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Keep It Loyal and the terms of the agreement (including pricing) which come into the Business’s possession from any source, or information which is treated by Keep It Loyal as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Keep It Loyal without restriction (“Confidential Information”).
12.2 The Business will not use Confidential Information which the Business acquires from Keep It Loyal for any purpose which may cause Keep It Loyal loss, whether by way of damage to Keep It Loyal’ reputation, financial loss, or otherwise.
12.3 The Business will keep confidential all information supplied by Keep It Loyal on is Registered Members.
13. Liability
13.1 While Keep It Loyal will attempt to verify a Registered Member’s details, it does not guarantee the truth or accuracy of such details. Keep It Loyal accepts no responsibility or liability as to the suitability of Registered Members who respond to Business loyalty reward programs.
13.2 Keep It Loyal disclaims all liability to the maximum extent permitted by law for liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Business’s use of (or inability to use) the App.
13.3 Keep It Loyal does not accept liability for:
13.4.1 any loss of copy, artwork, photographs, data or other materials that the Business supplies to Keep It Loyal; or
13.4.2 any mistakes or errors whatsoever that arise during the course of publication of any advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Business.
13.4.3 any breaches by the business in regards to any relevant national SPAM and Data Protection acts.
13.5 To the maximum extent permitted by law, the Business agrees to limit the liability of Keep It Loyal for breach of these Terms and Conditions or any other law or legislation to having the Services supplied again.
14. Warranties
14.1 All warranties, conditions and representations whether express or implied (other than express warranties stated by Keep It Loyal in writing) are excluded except in circumstances whereby Keep It Loyal is by law unable to exclude or limit liability.
14.2 Keep It Loyal makes no warranty that the App is free from computer viruses, “cookies”, or any other malicious or impairing computer programs and/or that the App shall operate uninterrupted and error-free.
14.3 Keep It Loyal does not warrant that any Loyalty Reward offer placed on the App will attract users from its Registered Members.
14.4 Without limiting the generality of the above, the Business warrants that nothing in the material lodged for publication on the App breaches any laws in any State or Territory of California.
15. Relevant law
15.1 These Terms and Conditions are governed by, and must be construed in accordance with the laws of the State of California, USA.
16. Indemnity
16.1 The Business agrees to indemnify Keep It Loyal and its partners, directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partly, directly or indirectly, for using the App.
16.2 The Business indemnifies Keep It Loyal in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Keep It Loyal (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Business and/or any willful, illegal or negligent act or omission by the Business.
17. Termination
17.1 Keep It Loyal may cancel any Loyalty Reward Program, terminate any agreement, or commence legal proceedings against the Business to recover any overdue amount including legal costs in relation to any action taken against the Business by Keep It Loyal, if:
17.1.1 the Business fails to pay for any loyalty reward programs Services provided by Keep It Loyal, in accordance with any agreement between the Business and Keep It Loyal and these Terms and Conditions;
17.1.2 the Business breaches the Terms and Condition of this Agreement;
17.1.3 the Business commits an act of bankruptcy;
17.1.4 the Business becomes insolvent;
17.1.5 the Business, in the opinion of Keep It Loyal, is in breach of any law or regulation;
17.1.6 a receiver, administrator, liquidator or manager is appointed over any of the Business’s assets; or
17.1.7 if the Business resolves to wind up the Business’s company.
18. Dispute resolution
18.1 Any dispute under or arising out of this agreement shall be referred to arbitration by a single arbitrator. The arbitration shall be conducted in accordance with the rules for the Conduct of Commercial Arbitration and subject to those rules, in accordance with the provisions of California Law.
18.2 The parties agree and accept that the determination of the arbitration is final and binding.
19. Compliance with foreign law
19.1 Keep It Loyal makes no representation that the content of the App complies with the law of any country outside USA. If the Business accesses this Site from outside USA, the Business is responsible for ensuring that the Business complies with all laws in the place where the Business is located.
20. Amendments
20.1 Keep It Loyal may vary these Terms and Conditions from time to time at its absolute discretion.
20.2 If a material change to the Terms and Conditions is made, Keep It Loyal will notify the Business by placing a prominent notice on the portal identifying the change, or by notifying the Business of the change via email.
21. Privacy policy
21.1 The Business confirms that the Business has read, understood and agrees to be bound by Keep It Loyal Privacy Policy.
22. Suspension
22.1 Keep It Loyal reserves the right to suspend or close the Business’s account at its absolute discretion in the event of, but not limited to the events referred to in clause 16 or breaches of these Terms and Conditions.
23. Severance
23.1 If any provision of these Terms and Conditions is held unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.
