Terms and ConditionsRestrictionsMarketing and PromotionIntellectual PropertyCustomer DataSupportLimitation of LiabilityConfidentialityCancellation, Payment and Refund PolicyMerchant agreementGeneral

Terms and Conditions

LoyalFree offers a mobile phone application allowing merchants to provide rewards and loyalty schemes directly to their consumer base and allows these merchants to track consumers use of this. More information on this can be found in our Privacy Policy. These terms and conditions govern merchant’s use of our services and applications. “Merchant” refers to an entity making use of LoyalFree services. Please red these terms carefully. By signing up to LoyalFree you are accepting the following terms and conditions. You will be directly informed of any significant commercial changes to these terms.

Restrictions

The Merchant shall maintain the copyright associated with the LoyalFree application and not permit any third party to modify or manipulate the application in any way, use it for personal financial gain (selling) or circulate to any additional third parties.

Marketing and Promotion

Merchants may provide and display promotional content to customers as provided by LoyalFree. The merchant remains responsible for the accuracy and quality of these promotional materials. The merchant also takes responsibility for promotional material which may violate the moral rights of any third party (including ethically insensitive, harassing, offensive and obscene content). LoyalFree reserve the right to remove any content that violates the terms and conditions if necessary. The merchant is solely responsible for the loyalty plans and rewards which they choose to promote through LoyalFree.

All promotion and advertising shall be consistent with the LoyalFree branding and reputation. Both parties may make agreements to feature each other’s logo and business information on their own website. Parties may also come to mutually agreeable arrangements at their discretion, including joint press releases and so forth.

Intellectual Property

LoyalFree maintain ownership of all proprietary rights related to (a) the application, improvements, bug fixes and enhancements moving forward; (b) all trademarks, trade names and logos associated with LoyalFree; (c) all data collected through the application.

Merchant maintains the right to make use of promotional material. All trademarks and logos related to the merchant shall remain their property.

Customer Data

LoyalFree will provide the merchant with a certain specified data range regarding their customer base and their activities, which may relate to location. The merchant hereby agrees to comply with the LoyalFree Privacy Policy and all legal regulations surrounding customer data. Merchants are solely responsible for indemnifying LoyalFree for any breaches of this obligation.

Support

Customers and merchants alike may contact LoyalFree with regard to technical support for the application. Queries should be sent to info@nesbittweb.co.uk or any other appropriate communication channels made available on the website.

Limitation of Liability

In no event shall LoyalFree (including directors, employees or shareholders) be liable to the merchant, the customer or any other third party for any damages (general, incidental, consequential, indirect, direct) arising from the application or related services. LoyalFree entire liability in other such circumstances shall not exceed the aggregate amount received from the merchant, with the exception of cases of gross negligence resulting in personal injury.

Confidentiality

Certain confidential information may be passed between LoyalFree and the merchant, and vice versa. The receiving or disclosing party are responsible for marking material as confidential and treating it as such. The receiving party should restrict disclosure of the information to other third parties, unless granted written permission from LoyalFree.

Cancellation, Payment and Refund Policy

Membership to LoyalFree may be terminated with advance notice of 30 days when opting for a monthly payment schedule. Please note this cancellation option is not available to yearly subscriptions. LoyalFree reserve the right to cancel a merchant’s subscription in case of serious violation of these terms and conditions.

In the case of termination the merchant shall cease ownership of their dashboard log in and be asked to return and/or destroy any remaining marketing materials. Confidential information owned by LoyalFree or the merchant must be destroyed.

No free trial period is offered as standard unless specifically arranged with a merchant during the sign up process. LoyalFree does not issue refunds retrospectively, however will consider this on a case by case basis in the situation of faulty products or services.

All fees are exclusive of taxes, levies or duties and you shall be responsible for the payment of these. In the case of payment failure LoyalFree reserve the right to freeze or cancel your subscription to the service. Fees and prices shall only be subject to modification at the end of your fixed contract (monthly or yearly).

If you choose to use a renewal payment system (for monthly packages) LoyalFree will continue to collect these funds until this is cancelled with your bank.

Merchant agreement

In order to manage your use of LoyalFree and it’s associated service offerings you will be provided with (a) an online dashboard where you can amend all information and track customer behaviour; (b) two QR code lanyards unique to your business to be used with the customer app; (c) marketing materials to help you promote LoyalFree and your own offering.

By signing up to LoyalFree you agree to run loyalty programmes in a fair manner, display marketing materials where appropriate and undertake reasonable fees (for example, replacement lanyards). You also agree to the specific pricing plan you have opted for and are bound by it’s duration and terms.

General

Unless specified the rights arising under these terms and cumulative and do not exclude rights provided by law. The current set of terms signal the agreement between LoyalFree and a merchant and supersede any previous arrangements. Significant changes to the terms and conditions will be communicated through email.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.