Terms & conditions

RELOYALTY USER TERMS AND CONDITIONS

1. INFORMATION ABOUT RELOYALTY

1. Who we are. We are Reloyalty Limited (trading as “ Reloyalty ”), a private limited company incorporated and registered in England with company number 11553096 with a registered office at 3rd Floor, 3 Fitzhardinge Street, London, United Kingdom, W1H 6EF.

2. What we do. We own and operate the website www.reloyalty.com and the Reloyalty smartphone app for iOS and Android devices. Collectively, we refer to both the Reloyalty website and the Reloyalty smartphone app as the “ Reloyalty App ”. We also provide the Reloyalty Service, which is defined below.

3. Reloyalty Service. These T&Cs govern Reloyalty’s provision to you of:

1. your access to and use of the Reloyalty App;

2. the setting up of arrangements between you and merchants in our network, which allow you to get automated cashback from those merchants under the terms of their loyalty schemes when you’ve made sufficient qualifying transactions with them;

3. access to account information services from our partner Salt Edge, under which they help us to track transaction data from purchases you make with merchants using bank accounts you have registered with us (see clause 3), in order to spot qualifying transactions;

4. access to e-wallet services provided by our e-wallet partner Paybase, which will facilitate the provision of cashback to you directly from the merchants,

all as described in more detail below (together the “ Reloyalty Service ”).

4. E-wallet partner. Your e-wallet is provided by our integration partner Paybase Limited, a registered payment institution with the UK’s Financial Conduct Authority (FRN: EMD/900524/SF), (“ Paybase ”) which supports Reloyalty by providing e-wallets to you and to Merchants, which are used to facilitate the transfer of Cashback to you by the relevant Merchant(s).

1. YOUR ACCEPTANCE OF THESE T&Cs

6. The Reloyalty Service is subject to these terms. Your use of any part of the Reloyalty Service is subject to these Reloyalty User Terms & Conditions (“ T&Cs ”). Please read these T&Cs carefully. You agree that these T&Cs constitute a legally binding agreement between the user of the Reloyalty Service (“ you ”, “ your ”) and Reloyalty (“ we ”, “ us ”, “ our ”). By using any part of the Reloyalty Service you will be deemed to have accepted these T&Cs in full and you agree to abide by them regardless of whether you are registered on the Reloyalty App or not. If you do not agree to these T&Cs, you are not entitled to use any part of the Reloyalty Service and should stop using the Reloyalty App immediately.

7. Additional applicable legal terms . Your use of the Reloyalty App and the Reloyalty Services is also subject to the following terms:

1. the Reloyalty Privacy Policy (available here );

2. the Salt Edge End user license agreement (available here );

3. the Salt Edge Privacy Policy (available here );

4. the Paybase terms and conditions (available here );

5. the Paybase Privacy Policy (available here ).

By registering an account with Reloyalty via the Reloyalty App, you agree that in addition to your acceptance of the Reloyalty T&Cs, you also accept and agree to be bound by the additional terms set out in this clause 2.2, (together the “ Agreement ”).

8. Precedence. If there is any conflict between these T&Cs and any of the additional terms set out in clause 2.2 above, these T&Cs will take precedence.

9. These T&Cs may get updated. We may revise these T&Cs at any time by posting an update on this page. Your continued use of the Reloyalty App and Reloyalty Service after any such change constitutes your acceptance of the new T&Cs and they will be binding on you. You should therefore check this page from time to time to review the current version of the T&Cs. These T&Cs were most recently updated in August 2019 .

2. TRANSACTION INFORMATION, AND ACCOUNT INFORMATION SERVICES

10. Registration and connection of your bank account. To use the Reloyalty Service, you must register for an account with our AISP Partner so that they can provide their FCA-regulated “account information service” to you. This involves securely connecting your bank account with the AISP Partner’s platform via the Reloyalty App. Following your explicit agreement and authorisation, which you will be required to give as part of the registration process in order to use the Reloyalty Service, the AISP Partner will retrieve (via the UK Open Banking infrastructure) and provide to us your Transaction Information.

11. Access to Transaction Information. Your “ Transaction Information ” is information about the transactions you make (e.g. place, time and value of transaction, merchant’s name etc.) from the bank account you have registered with your Reloyalty account. The AISP Partner makes the Transaction Information available to us so that we can provide the rest of the Reloyalty Service. This includes matching your transactions to data we receive from the Merchants in our network, in order to identify Qualifying Transactions that may result in a Cashback Trigger and earn you Cashback from Merchants as described in clause 4 below. It also allows us to spot other merchants that you shop with so that if enough of our users also shop with them, we can look to bring those merchants into our network so that you can benefit from automated loyalty schemes with them as well.

12. The AISP Partner’s access to your Transaction Information will be read-only. The transmission of this Transaction Information is secured using bank-equivalent encryption. The Transaction Information includes information on the transactions but does not include information about account balance, bank card number or security code, to which neither the AISP Partner nor we will have access under any circumstance.

13. You reserve the right to withdraw your consent and disconnect your bank account at any time by following the steps for disconnection, either in the Reloyalty App or in your mobile banking app. Please note however that if you disconnect your bank account you will lose your existing Qualifying Transactions and any unredeemed Cashback. You can reconnect your bank account at any time (however this would reset your collection of Qualifying Transactions).

14. Account Information. The AISP Partner also provides information on Qualifying Transactions to you within the Reloyalty App, including how many Qualifying Transactions you have made under each Loyalty Scheme and details of those Qualifying Transactions such as time, date and amount (“ Account Information ”). Reloyalty acts as the agent of the AISP Partner in presenting this Account Information to you via the Reloyalty App.

15. Connecting additional accounts. You will be able to connect multiple bank accounts (each belonging to you) to your Reloyalty account and build up Qualifying Transactions using any of them.

3. LOYALTY SCHEMES AND CASHBACK

16. Merchants. In these T&Cs, a “ Merchant ” means a commercial retailer who has entered into a separate agreement with Reloyalty to integrate their Loyalty Scheme(s) with the Reloyalty App.

17. Loyalty Scheme. In these T&Cs, a “ Loyalty Scheme ” means a scheme operated by a Merchant to reward consumer loyalty and incentivise repeat business (e.g. if a you make a certain number of Qualifying Transactions you may earn Cashback).

18. Qualifying Transactions. In these T&Cs, a “ Qualifying Transaction ” means a purchase you make directly with a Merchant which qualifies you for or counts towards Cashback under the terms of a Loyalty Scheme. Note that Qualifying Transactions must be made using a bank account which you have registered with Reloyalty and the AISP Partner.

19. Cashback. In these T&Cs, “ Cashback ” means a cash reimbursement which is automatically paid to you upon satisfying the Cashback Trigger. Any Cashback you earn shall be paid by the Merchant into your Paybase e-wallet, subject to clause 4.7(j) below.

20. Cashback Trigger. In these T&Cs, “ Cashback Trigger ” means the point at which you have made sufficient Qualifying Transactions with a Merchant under a Loyalty Scheme to qualify for Cashback from that Merchant.

21. Reloyalty facilitates Cashback. Reloyalty will use your Transaction Information received under clause 3 above to facilitate the establishment and execution of a series of contracts between you and each Merchant, under which the relevant Merchant will pay you Cashback (via your e-wallet with Paybase) once you have satisfied the Cashback Trigger.

22. Cashback requirements . To receive Cashback, you acknowledge that the following conditions must be satisfied:

1. Transaction Information and communications. By registering with Reloyalty, you agree that Reloyalty can use your Transaction Information to identify Qualifying Transactions with Merchants. You will be told via the Reloyalty App where you have earned Qualifying Transactions, Cashback Triggers and Cashback with Merchants, including invitations to participate in specific Loyalty Schemes with Merchants. You can easily opt out from receiving such communications at any time using the “unsubscribe” function within the notifications, or by changing your preferred notification settings from within the Reloyalty App.

2. Loyalty Schemes. Each time you sign up for a Loyalty Scheme within the Reloyalty App, you will be entering into a contract directly with the relevant Merchant in respect of that Loyalty Scheme. You must comply with the terms and conditions of each Loyalty Scheme. Each Loyalty Scheme displayed in the Reloyalty App will set out the terms and conditions which you will need to satisfy in order to qualify for Cashback, including what constitutes a Qualifying Transaction and details around all Cashback Triggers, (e.g. any prescribed timeframes, types of purchases, purchase amounts, number of visits and any restrictions).

3. Use your registered bank account(s). All Qualifying Transactions must be made using the bank account(s) you registered with Reloyalty. Transactions you make with a Merchant not made using your registered bank account(s) (e.g. cash) will not be regarded as Qualifying Transactions or contribute towards any Cashback.

4. Reloyalty is not responsible for Merchant products or services. You acknowledge that whenever you make a purchase of a product or service which constitutes a Qualifying Transaction, you are purchasing that product or service not from Reloyalty, but from the Merchant, and the Merchant remains solely responsible for the quality of that product or service. For the avoidance of doubt, Reloyalty is not a Merchant.

5. Merchants are responsible for paying Cashback. If you qualify for Cashback under any Loyalty Scheme as a result of satisfying a Cashback Trigger, you acknowledge that any right you may have in relation to receiving Cashback is not a right receive Cashback from Reloyalty, but instead is a right that you have to claim such Cashback directly from the relevant Merchant under the terms and conditions of the relevant Loyalty Scheme.

6. Reloyalty is not liable for failure by Merchants to pay Cashback. Reloyalty, with the help of the AISP Partner, tracks the Qualifying Transactions you make and facilitates the payment to you of any Cashback by the Merchant. Reloyalty will not have any liability to you if the relevant Merchant fails to pay Cashback to you (except to the extent that the Merchant fails to pay you the Cashback directly because Reloyalty has failed to pass the correct information to the Merchant). You acknowledge that Reloyalty will be unable to facilitate the payment to you of any Cashback by a Merchant unless and until the Merchant has put the relevant funds into their Paybase e-wallet.

7. Notification to Merchants. Once your Qualifying Transactions and any Cashback Triggers are verified via your registered bank account(s) and you have fulfilled any applicable terms and conditions of the relevant Loyalty Scheme, the respective Merchant is notified by Reloyalty that a Cashback Trigger has been satisfied and that Cashback is owed to your account.

8. Payment of Cashback. Subject to paragraph (j) below, Reloyalty will automatically facilitate the payment by the Merchant of Cashback owed to you and we will notify you when the Cashback has been transferred to your Paybase e-wallet account. Cashback payment will generally happen on a weekly basis and details of such Cashback payments will be communicated with you via the Reloyalty App.

9. Cashback thresholds and pending transactions. You will be eligible to open an e-money account provided that:

1. the overall amount of Cashback you have earned in relation to all Loyalty Schemes you have signed up to is at least £10; and
2. you have passed Paybase’s due diligence/KYC checks

Prior to this, all Cashback amounts will be deemed “pending” (and will be shown in this way in the App), and no Cashback will be owed to you or owned by you. Once your e-wallet has been opened, the pending Cashback transactions will be activated and transferred to your e-wallet within one week of it being opened.

10. Withdrawing funds You may generally withdraw available funds from your e-wallet via the App. However, if you wish to withdraw only a portion, and not all, of your balance or less than £10, then you will only be able to withdraw this by contacting us on response@reloyalty.com

23. Suspicious activity. Reloyalty is entitled to delay the facilitation of Cashback to your Paybase e-wallet (in full or in part) or otherwise freeze any Cashback due to you in cases where we suspect any criminal activity or any non-compliance with applicable anti-money laundering legislation. No interest on Cashback shall accrue in such scenarios. Examples of such scenarios include (but are not limited to):

1. if Reloyalty or Paybase have reason to suspect that any transaction is fraudulent or involves criminal activity;

2. if Reloyalty or Paybase detect that a particular transaction is unusual (e.g. the value or quantity of the transaction(s) has suspicious pattern);

3. if the aggregate value of the Cashback is more than the aggregate value of the Qualifying Transactions;

4. if Paybase has been unable to complete sufficient due diligence/KYC checks and as a result is unable to carry out an appropriate risk assessment.

24. Removal of Loyalty Schemes. Reloyalty is entitled to remove specific Loyalty Schemes from the Reloyalty App to ensure compliance with our legal or regulatory obligations (including those of our partners such as Paybase, the AISP Partner and any Merchants). We may also remove specific Loyalty Schemes from the Reloyalty App if we have terminated our contractual relationship with a Merchant, or a Merchant is in breach of our separate agreement with them (such as where they fail to pay Cashback to other users as specified in accordance with clause 4.7, or are otherwise subject of valid and verified complaints from our users).

25. Alternative Loyalty Schemes and offers. If a Loyalty Scheme is removed from the Reloyalty App in accordance with clause 4.9, Reloyalty will ensure that you have been notified that such Loyalty Scheme is no longer active we will endeavour to present options for similar Loyalty Schemes.

4. ACCESSING THE RELOYALTY APP

26. Age restriction. You are not permitted to access or use any Reloyalty Service unless you are at least 18 years old. By using the Reloyalty App you represent that you are at least 18 years old.

27. Register for full functionality. To access certain functionality, you are required to register an account with Reloyalty. You warrant that all information you provide to us, to Paybase and to the AISP Partner is true, complete and accurate. This includes (but is not limited to) information you provide during registration, any profile information you provide, and any additional information that you provide to us upon request.

28. KYC compliance. As further detailed in the Reloyalty Privacy Policy , the Paybase terms and conditions and the Paybase Privacy Policy [accessible HERE ] , information you provide to us will be used to carry out sufficient and risk-based due diligence checks on individual users as required of Reloyalty and Paybase under respective anti-money laundering and know your customer (“ KYC ”) legislation. We are entitled to request further information once the certain Cashback thresholds have been reached (as required by applicable KYC legislation).

29. The Reloyalty Service is aimed at UK users. The Reloyalty Service is directed to people residing in the United Kingdom. We do not represent that content available on or through the Reloyalty App is appropriate for use or available in other locations.

30. The Reloyalty App may occasionally be unavailable. Reloyalty does not guarantee that the Reloyalty App will always be available or uninterrupted and Reloyalty will not be liable for any reason if the Reloyalty App is unavailable at any time or for any period. Access to the Reloyalty App may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair.

31. We are entitled to monitor use of the Reloyalty Service. Reloyalty is entitled to monitor and/or review your use of the Reloyalty Service. If Reloyalty becomes aware of any possible violations by you of any provision of these T&Cs, Reloyalty reserves the right to investigate such violations.

32. If you breach this Agreement. Reloyalty is entitled to immediately terminate this Agreement and revoke the licence granted in clause 8.2 (including disabling your login credentials), if you have failed to comply with any provision of this Agreement.

33. Temporary restrictions. Reloyalty may temporarily suspend your login credentials if we suspect or detect (in our sole opinion) any suspicious or illicit activity (e.g. unusual login attempts). Transactions made during such periods of suspension may not be counted as Qualifying Transactions.

34. Software updates. From time to time, Reloyalty may (without notice and at Reloyalty’s sole discretion) introduce updates to the Reloyalty App, for example to introduce new and/or improved functionality. We may require you to update the Reloyalty App in order to continue using the Reloyalty Service.

35. Third party software. Reloyalty is not obliged to customise any part of the Reloyalty App to ensure compatibility with any third party software.

36. Minimum technical requirements. You are responsible for ensuring that:

1. you have a reliable connection to the internet; and

2. the device you use to access the Reloyalty App complies with the minimum technical requirements specified on the relevant app store (which may change from time to time).

A list of minimum technical requirements for accessing the Reloyalty App can be accessed here .

5. USER STANDARDS

37. You are responsible for complying with the law. You are responsible for ensuring that you comply with all applicable legislation.

38. Do not commit fraud. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent, illegal or otherwise dishonest activities to generate Cashback. In the event of suspected fraud, we may contact you using the contact details you provided to us during the Reloyalty registration process and may share your data with third parties without your consent for the purposes of preventing or detecting fraud (such as law enforcement officials).

39. Do not misuse Reloyalty. You must only use the Reloyalty App for its intended purposes and in accordance with Reloyalty’s official documentation. Reloyalty is not responsible for any damage or loss you suffer as a result of misusing the Reloyalty App. You must not use or access the Reloyalty App in order to build a competing product or service.

40. Do not publish offensive content. You will not publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Reloyalty App by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction.

41. No spamming. Do not publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) to any other user of the Reloyalty App.

42. Do not do anything to bring Reloyalty into disrepute. You will not publish or disseminate any material that brings or may bring Reloyalty into dispute or disrepute or in any way damages the standing or reputation of either Reloyalty or the Reloyalty Service.

6. SECURITY

43. We take security precautions. Reloyalty uses commercially reasonable endeavours to ensure that the Reloyalty App is secure, including preventing unauthorised access to the Reloyalty App.

44. Do not share your login credentials. You must treat your login credentials as confidential. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to:

3. maintain the security of your login credentials and be fully responsible for all use of the Reloyalty App made using your login credentials;

4. notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of the Reloyalty App’s security, by contacting Reloyalty and providing details of the unauthorised use or other security breach; and

5. ensure that you log out of your account at the end of each session when using a public or shared device.

45. No liability for unauthorised use of your login credentials. Reloyalty accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 7.2.

46. Do not hack or misuse the Reloyalty App. You must not misuse the Reloyalty App by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Reloyalty App, the server(s) on which the any part of the Reloyalty App is hosted or any other server, computer or database connected to the Reloyalty App, or to reverse engineer or decompile it (except to the extent expressly permitted by law). You must not attack the Reloyalty App via any form of denial-of-service attack.

47. Hackers will be prosecuted. By breaching clause 7.4, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

48. The Reloyalty App may contain viruses. We use reasonable endeavours to ensure that the Reloyalty App does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that the Reloyalty App will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the Reloyalty App. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious or technologically harmful code on your device.

49. Do not upload malicious content. You are responsible for ensuring that any data that you upload to the Reloyalty App does not contain any malicious content or technologically harmful material which could damage Reloyalty’s systems or compromise the Reloyalty App and/or Reloyalty Service.

7. INTELLECTUAL PROPERTY RIGHTS

50. We own or license all intellectual property in the Reloyalty Service . Reloyalty (and our licensors as applicable) owns or licenses all intellectual property rights in the Reloyalty Service and all content displayed on the Reloyalty App, including but not limited to all trade marks, copyrights, database rights and other intellectual property rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

51. Licence to use the Reloyalty App. As long as you comply in full with the Agreement, Reloyalty grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Reloyalty App for your own personal, non-commercial use.

52. Do not copy or redistribute the Reloyalty App content. You must not copy, scrape, extract, reproduce, modify, license to any third party, or sell or offer to sell to any third party any data from the Reloyalty App. You agree not to use, or cause to be used, any manual or automated program, tool, or process, (including any scraper or spider robot), to extract, scrape, data mine, transmit, or publish, any part of the Reloyalty App.

53. Do not interfere with any trademarks or copyright. You will not interfere with or attempt to remove any trade mark or copyright notices from any content on the Reloyalty App.

54. You grant us a licence to use your data. By sharing any data with Reloyalty (as further described in the Reloyalty Privacy Policy), you grant Reloyalty a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use your data for the purpose of providing the Reloyalty App, including but not limited to displaying, copying, editing, and creating derivative data relating to all such data.

55. Derivative works. Reloyalty shall own all intellectual property rights in any derivative works created by Reloyalty from any data you share with Reloyalty or submit or upload as a result of using the Reloyalty App and you waive any moral rights that you may have in any such data.

8. DATA PROTECTION

56. You agree to the terms of our Privacy Policy. Reloyalty has a privacy policy (the “ Reloyalty Privacy Policy ”) which you can access here . We strongly recommend that you read and ensure you understand the Reloyalty Privacy Policy prior to using the Reloyalty App.

57. Our integration partners also have their own privacy policies. Paybase and the AISP Partner also each have their own privacy policies (the “ Paybase Privacy Policy ” and the “ AISP Partner Privacy Policy ”) which you can access here and here . We strongly recommend that you read and ensure you understand the Paybase Privacy Policy and the AISP Partner Privacy Policy prior to registering an account with Reloyalty .

58. Processing personal data . As a result of your use of the Reloyalty Service, Reloyalty will process personal data. The processing of personal information submitted via the Reloyalty App is governed by both the Reloyalty Privacy Policy, the Paybase Privacy Policy and the AISP Partner Privacy Policy.

9. LIABILITY

59. We do not exclude liability for death or injury or other specified losses . Nothing in these T&Cs will operate to exclude or limit either party’s liability (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

60. Do not use the Reloyalty App for commercial purposes. You agree not to use the Reloyalty App for any commercial or business purposes, and if you do so Reloyalty will have no liability to you (whether in contract, tort (including negligence) or otherwise) for any loss of profit, loss of revenue, loss of sales, business or business opportunity, loss of agreements or contracts, wasted expenditure, anticipated savings, damage to reputation or loss of goodwill or loss or corruption of data, in each case, whether direct or indirect; or indirect, consequential or special loss.

61. Subject to clauses 10.1, 10.2, 10.4 and 10.5, Reloyalty’s aggregate liability to you for any loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise connected to or arising out of these T&Cs or your use of the Reloyalty App and/or Reloyalty Service, shall not exceed £50 . This limitation shall not apply to any misuse by us of your personal data.

62. What Reloyalty is not liable for. Reloyalty acts as a platform which connects you to other services and contracts (with Merchants, with Paybase and with the AISP Partner), which tracks your involvement in those other services and facilitates your use of those other services. If something goes wrong with those other services Reloyalty is not liable in any way and you should contact the relevant service provider (whether the Merchant, Paybase or the AISP Partner) in relation to the same. However, to the extent that our platform suffers a fault and purely because of that fault you are prevented from claiming or receiving Cashback that would otherwise be due to you, our maximum liability to you will be (subject to clause 10.4) to reimburse you for the amount of the Cashback. However, please see clauses 4.7(e) and (f) in relation to the fact that it is ultimately the Merchant’s responsibility to pay Cashback to you.

63. Defective digital content. In the event that the Reloyalty App is deemed to be defective digital content that Reloyalty has supplied, for example if the Reloyalty App damages your device or other digital content owned by you, and this is caused by Reloyalty’s failure to use reasonable care and skill, Reloyalty will either repair the damage or pay you compensation. However, Reloyalty will not be liable for damage that you could have avoided by following Reloyalty’s advice to install the latest software update offered to you free of charge or for damage that was caused by you using the Reloyalty App in a manner that Reloyalty do not authorise, or for you failing have in place reasonable anti-virus software or the minimum system requirements required to use the Reloyalty App.

10. APP SPECIFIC TERMS

64. Additional terms required by app stores. The provisions of this clause 11 apply if you are using the iOS or Android versions of the Reloyalty App. The Reloyalty App, which is available on both the Apple App Store, and the Google Play Store, is controlled and offered by Reloyalty from our facilities in London, UK. The use and distribution of the Reloyalty App via the relevant app store is governed by the relevant app store’s own rules, with which we must both comply. In the event of a conflict between these T&Cs and the terms of the app store that you downloaded our app from, that app store’s terms shall take priority.

6. you acknowledge that these T&Cs are between Reloyalty and you only, and not with the third party manufacturer or provider of your device or operating system (“ Device Manufacturer ”);

7. you acknowledge that the Device Manufacturer has no obligation whatsoever to furnish any maintenance and support services with respect to the Reloyalty App;

8. in the event of any failure of the Reloyalty App to conform to any applicable warranty, you may notify the Device Manufacturer, and the Device Manufacturer will refund the purchase price (if any) for the app to you and, to the maximum extent permitted by applicable law, the Device Manufacturer will have no other warranty obligation whatsoever with respect to the Reloyalty App;

9. you acknowledge that Reloyalty, not the Device Manufacturer, are responsible for addressing any claims of yours or any third party relating to the Reloyalty App;

10. you acknowledge that, in the event of any third party claim that the Reloyalty App or your use of the Reloyalty App infringes that third party’s intellectual property rights, the Device Manufacturer will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

11. you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and

12. you acknowledge and agree that the Device Manufacturer, and the Device Manufacturer’s subsidiaries are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, the Device Manufacturer will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary.

11. GENERAL

65. Assignment. Reloyalty may transfer our rights and obligations under these T&Cs to another organisation. Reloyalty will always tell you in writing if this happens. You will not transfer your rights or your obligations under these T&Cs to another person or entity unless Reloyalty gives prior written consent.

66. Entire agreement. Subject to clause 2.2, these T&Cs constitute the entire understanding and agreement between you and Reloyalty in relation to your use of the Reloyalty App. You agree that you have not relied on any statement or information in entering into these T&Cs which is not set out therein. However, not h ing in this clause shall restrict Reloyalty’s liability for fraudulent misrepresentation.

67. No rights for third parties. Subject to clause 11.1(g), these T&Cs do not give rise to any rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any of these T&Cs, except as expressly set out in these T&Cs.

68. No waiver. If Reloyalty do not insist immediately that you do something you are required to do under these T&Cs, or if Reloyalty delay in taking steps against you in respect of you breaching these T&Cs, that will not mean that you will not have to do those things, and it will not prevent Reloyalty from taking steps against you at a later date.

69. Severance. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.

70. Governing law and jurisdiction. These T&Cs (and any non-contractual obligations arising out of or in connection with these T&Cs and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.

12. CONTACT DETAILS

71. How we may contact you . If Reloyalty need to contact you, we may do so using the contact details you provided upon registration with Reloyalty.

72. Reloyalty’s contact details. You can contact Reloyalty using the following details:

Email: response@reloyalty.com

73. In-app chat support. You can also contact us by using the in-app chat support function of within the Reloyalty App. The Reloyalty customer support team will normally respond to requests within one business day.

74. Address product complaints to the retailer. If you have any issue with any product or service purchased from a Merchant, you should address any such issue or complaint to the relevant merchant directly.

75. E-wallet. If you are having technical issues with your e-wallet, you should address issues relating to your e-wallet to Paybase directly.