TERMS AND CONDITIONS

Welcome to www.loyaltybay.co.uk (the “Website”) brought to you by Loyalty Bay Limited, a company incorporated in England, company number 8839636.(“We”, “Us, “Our”). IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE REGISTERING TO USE ANY SERVICES ON THIS WEBSITE (THE “SERVICES”). BY SIGNING UP TO THE WEBSITE, AND/OR ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FURTHER, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; AND (iii) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICES ON OUR WEBSITE. Our Privacy Policy is an essential part of these Terms and Conditions and by accepting these Terms and Conditions you also accept and consent to our Privacy Policy which can be accessed at http://www.loyaltybay.co.uk/privacy-policy. We may from time to time vary these Terms and Conditions. Please check back here regularly to ensure that you are aware of the latest version of these Terms and Conditions. Your use of this Website will be subject to the version of the Terms and Conditions posted on this Website at the time of such use.

1. CONTACTING US

If you would like to get in touch with us or have a complaint about anything contained on the Website, please contact us using the following details:

2 Aurora Building
124 East Road
London
N1 6FD
United Kingdom Email: contact@loyaltybay.co.uk

2. REGISTRATION

2.1 You do not need to register on the Website before you can access the Website. Even if you have not yet registered on the Website, your use of the Website shall be subject to these Terms and Conditions.

2.2 You must be at least 18 years old to register with us. You agree that: (a) all registration information that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. By registering with us you are confirming that you are at least 18 years old.

3. ACCESS TO AND USE OF OUR WEBSITE

3.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website (and any services made available through it) at any time without notice. If you breach any of these Terms and Conditions, your authorisation to use this Website automatically and immediately terminates and you must immediately cease use of the Website and destroy any materials downloaded or printed from the Website.

3.2 You may not use the Website in any improper or unlawful manner or in breach of any legislation or licence that applies to you.

3.3 Without limiting the foregoing, you agree that when using the Website you will not: (a) distribute via any medium any part of the Website without our prior written consent; (b) harass others or disclose personal information about others that could amount to harassment; (c) publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence; (d) upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; (e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer; (f) create multiple logins; (g) impersonate others; (h) promote any activity that is illegal; (i) use software to harvest information from the Website; or (j) attempt to solicit funds, advertisers or sponsors through the Website.

3.4 You agree to comply with all reasonable instructions that we may give you regarding your use of the Website.

3.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses your equipment to access the Website without your permission. We will be entitled to assume that anyone who accesses the Website using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.

4. THIRD PARTY WEBSITES

4.1 Our Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through this Website or any services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Website is affiliated to or associated with such third party sites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.

5. INTELLECTUAL PROPERTY

5.1 For the purposes of these Terms and Conditions: (a) “Intellectual Property Rights” means patents, rights in inventions, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and rights in confidential information including know how and trade secrets (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and (b) “User Generated Content” means any text, files, images, photos, videos or works of authorship that you contribute to the Website, (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website, which you hereby acknowledge is owned by us or our licensors).

5.2 We do not claim any ownership of any Intellectual Property Rights in your User Generated Content. After submitting User Generated Content through the Website, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws).

5.3 You warrant that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Website or you are otherwise entitled to submit the same to the Website. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 5.3.

5.4 You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use your User Generated Content in order to provide the Services through the Website including without limitation the right to publicly perform, reproduce, display, modify, manage, distribute and store any of your User Generated Content as part of the Website or as part of any materials used to promote or advertise the Website or the Services anywhere in the world. We shall not otherwise distribute or sell any of Your User Generated Content outside of our Website without your permission.

5.5 We will not be under any obligation whatsoever to pay you for any of the User Generated Content on our Website.

5.6 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Website and all content, materials and information contained in or appearing on the Website are owned by and shall remain owned by us or our licensors.

5.7 You may view, download and print any content, materials and information made available to you through the Website subject to the following conditions: (a) the content, materials and information may only be used for your personal use; save as expressly permitted by us in these Terms and Conditions, the content, materials and information shall not be reproduced or included in any other work or publication in any medium; (b) the content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way; (c) save as expressly permitted by us in these Terms and Conditions, the content, material and information may not be distributed or sold to any third party; (d) you may not remove any copyright or other proprietary notices contained in the content, material or information; and (e) you may not copy or use any underlying code that is incorporated into the Website without our express written permission;

6. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN

6.1 You acknowledge that we do not actively monitor any User Generated Content, third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content: (a) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or (b) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or (c) the disclosure of which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.

6.2 If we are informed or if we suspect that any material on the Website infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate in our absolute discretion. If you have any concerns or queries about material which appears on our Website (including if you believe that any content displayed on the Website has violated Your Intellectual Property Rights) please email us at: contact@loyaltybay.co.uk.

7. DISCLAIMERS

7.1 The information contained in this Website (all together the “Information”) is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subjects. Accordingly, the Information is not intended to constitute accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should consult a qualified advisor.

7.2 The Information is provided ‘as is’ and neither Loyalty Bay Limited, nor any of its directors, employees, agents or advisers makes any express or implied assurances or warranty as to the completeness, fairness, adequacy or accuracy of the Information including without limitation the reasonableness of the projections, forecasts, estimates or of any associated assumptions contained in it, and any warranty of fitness for a particular purpose, title, non-infringement, merchantability, compatibility, security or accuracy, all of which are hereby expressly excluded to the fullest extent permitted by law.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.

8.2 Subject to clause 8.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit, loss of opportunity or anticipated savings, in each case whether direct or indirect and whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or the Services; (ii) any failure or delay in the use of any component of the Website or the Services including, without limitation, any unavailability of the Website or the Services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website including the Services and the Information, in all cases even if we have been forewarned of the possibility of such loss or damage.

8.3 Without limiting the effect of clause 8.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

8.4 You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Website or from any breach of these Terms and Conditions by you.

8.5 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.

9. TERMINATION

9.1 We may remove the Website or cease the provision of the Services, or terminate your registration with the Website at any time in our sole discretion for any reason whatsoever.

9.2 You shall be entitled to terminate your registration with the Website at any time by following the instructions that are set out on in email newsletters received by you or alternatively by written notice to us at the postal or email address set out in clause 1 of these Terms and Conditions.

9.3 Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

10. DATA PROTECTION AND PRIVACY

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy http://www.loyaltybay.co.uk/privacy-policy. The Privacy Policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions and/or using the Website and the Services you also accept and consent to our Privacy Policy.

11. GENERAL

11.1 Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

11.2 These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.3 If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.

11.4 These Terms and Conditions and the Privacy Policy set out the full extent of our obligations and liabilities concerning the Website and the Services and replace any previous agreements, representations and understandings between us and you.

11.5 Subject to clause 10.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.

11.6 These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.

11.7 Loyalty Bay Ltd may assign the benefit of any agreement in respect of the Website and the Services without giving notice to you and is entitles to subcontract any of its rights or obligations hereunder.

Affiliate declaration

Loyalty Bay is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk.

Loyalty Bay is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Loyalty Bay is a participant in the iTunes affiliate program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to iTunes.