Stampshark Terms of Service

/Stampshark Terms of Service
Stampshark Terms of Service 2020-05-21T15:08:38+00:00

Stampshark – Terms and Conditions

1) General Terms
By downloading or using the Application and the Service it provides, these terms will
automatically apply to you – you should make sure therefore that you read them
carefully before using the Application.
2) Intellectual Property
You’re not allowed to copy, or modify the Application, any part of the Application, or
our trademarks in any way. You’re not allowed to attempt to extract the source code
of the Application, and you also shouldn’t try to translate the Application into other
languages, or make derivative versions. The Application itself, and all the trade
marks, copyright, database rights and other intellectual property rights related to it
belong to Loyalty Solutions GmbH.
3) Updates
Loyalty Solutions GmbH is committed to ensuring that the Application is as useful
and efficient as possible. For that reason, we reserve the right to make changes to
the Application or to charge for its services, at any time and for any reason. We will
never charge you for the Application or its services without making it very clear to
you exactly what you’re paying for.
At some point, we may wish to update the Application. The Application is currently
available on Android & iOS – the requirements for both systems (and for any
additional systems we decide to extend the availability of the Application to) may
change, and you’ll need to download the updates if you want to keep using the
Application. Loyalty Solutions GmbH does not promise that it will always update the
Application so that it is relevant to you and/or works with the Android & iOS version
that you have installed on your device. However, you promise to always accept
updates to the Application when offered to you. We may also wish to stop providing
the Application, and may terminate use of it at any time without giving notice of
termination to you. Unless we tell you otherwise, upon any termination, (a) the rights
and licenses granted to you in these terms will end; (b) you must stop using the
Application, and (if needed) delete it from your device.

4) Data Security
The Stampshark Application stores and processes personal data that you have
provided to us, in order to provide our Service. It’s your responsibility to keep your
phone and access to the Application secure. We therefore recommend that you do
not jailbreak or root your phone, which is the process of removing software
restrictions and limitations imposed by the official operating system of your device. It
could make your phone vulnerable to malware/viruses/malicious programs,

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compromise your phone’s security features and it could mean that the Stampshark
Application won’t work properly or at all.
For futher information please see our Privacy Policy.

5) Third Party Services
The Application does use third party services that declare their own Terms and
Conditions.
Link to Terms and Conditions of third party service providers used by the Application:
 Google Play Services
 AdMob
 Google Analytics for Firebase
 Firebase Crashlytics

6) Network Connectivity
You should be aware that there are certain things that Loyalty Solutions GmbH will
not take responsibility for. Certain functions of the Application will require the
Application to have an active internet connection. The connection can be Wi-Fi, or
provided by your mobile network provider, but Loyalty Solutions GmbH cannot take
responsibility for the Application not working at full functionality if you don’t have
access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the Application outside of an area with Wi-Fi, you should remember
that your terms of the agreement with your mobile network provider will still apply. As
a result, you may be charged by your mobile provider for the cost of data for the
duration of the connection while accessing the Application, or other third party
charges. In using the Application, you’re accepting responsibility for any such
charges, including roaming data charges if you use the Application outside of your
home territory (i.e. region or country) without turning off data roaming. If you are not
the bill payer for the device on which you’re using the Application, please be aware
that we assume that you have received permission from the bill payer for using the
Application.

7) Your Device
Loyalty Solutions GmbH cannot take responsibility for the way you use the
Application i.e. You need to make sure that your device stays charged – if it runs out
of battery and you can’t turn it on to avail the Service, Loyalty Solutions GmbH
cannot accept responsibility.
8) Third Party information

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With respect to Loyalty Solutions GmbH’s responsibility for your use of the
Application, when you’re using the Application, it’s important to bear in mind that
although we endeavour to ensure that it is updated and correct at all times, we do
rely on third parties to provide information to us so that we can make it available to
you. Loyalty Solutions GmbH accepts no liability for any loss, direct or indirect, you
experience as a result of relying wholly on this functionality of the Application.

9) Terms for all Users of the Service & Stampshark Application
a. “Points” refers to all of the different tokens, points or anything else that can be
digitally collected in any form, that are issued by a business to one of its
customers using the Service provided by the Stampshark Application, for the
purposes of later redemption against an offer, good or service, provided or
offered by the business.
b. The points collected using the Service provided by the Stampshark
Application have no monetary value and may not be exchanged for anything
other than the goods or services specified in the redemption offer made by the
business offering the promotion.
c. All points collected by a User may be permanently lost if their device is lost or
damaged and the User had not either registered with Stampshark or
Authenticated using one of the provided log-in options from third party service
providers.
d. The issuing of points towards any promotion is at the sole discretion of the
business offering the promotion. They have the unalienable right to refuse to
issue or redeem points to or from any customer without notice or explanation.
e. If a user wishes to redeem or exchange points for a different promotion, or for
an expired promotion, it is at the sole discretion of the business to
accommodate this request or not.
f. Loyalty Solutions GbmH in no way supports, underwrites, guarantees or is
responsible in any way for any promotions businesses chose to manage
through the Service provided by the Stampshark Application.
g. Businesses running promotions remain the sole owner of those promotions,
and have the right to modify, extend, cut short or terminate their promotions at
any time and without penalty, and without any obligation to honour any points
awarded previously
h. Loyalty Solutions GmbH cannot issue or redeem points for any promotion on
behalf of a business or a User. Only the business itself has this right.
i. The terms and conditions for any promotion a business runs using
Stampsharks’ service are the exclusive responsibility of the business itself. It
is the businesses responsibility to make these terms and conditions available
to their customers in accordance with local laws.
j. Loyalty Solutions accepts no liability whatsoever for any losses or damages
caused to a User in the event a business fails to honour a promotion in any
way. Any claims should be directed solely at the business who owns the
promotion.

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k. Any questions regarding the terms and conditions for any promotion by a
business should be exclusively addressed to that business directly.

10) Terms specific to business customers
a. Business agree we may write features about our customers for our website or
for other publications, which would include information that would make the
business identifiable, and may include details of the promotions they are
running. If you do not want your business to be promoted in this way please
inform us using the contact information below.
b. All promotions run by businesses on the Stampshark Application must be fully
legal in the jurisdiction in which the business is based. If a business is
reported to Loyalty Solutions for running a promotion that is demonstrably not
fully compliant with local laws, that business will immediately and permanently
be removed from the Stampshark platform and all data held by Loyalty
Solutions relating to the business and the promotion will be shared with the
relevant authorities in the businesses’ home jurisdiction.
c. Loyalty Solutions GmbH is in no way responsible for the creation,
management or execution of any promotions run using the Application. All
promotions remain the sole responsibility and liability of the business that
offers the promotions.
d. Businesses do not gain any intellectual property by publishing promotions on
the Stampshark Application. Other businesses are free to copy the form,
structure, offering, rewards or any other part of another businesses’ promotion
for use in their own promotions.
e. Businesses’ are solely and entirely responsible and liable for the content of
any messages, competitions or surveys they send to their customers through
the Stampshark Application and their legality.
f. Any business who, through its activities or communications on or off the
Stampshark Application, damages the reputation of the Stampshark
Application or its owner Loyalty Solutions GmbH, will be immediately and
permanently banned from using the Stampshark Application and the Service it
provides, and will be held fully liable for any financial damages incurred by
Loyalty Solutions GmbH

11) Liability Limitations
a. Our Service is provides “as is”, and we cannot guarantee it will be safe and
secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY
LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRENTEES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT.
b. We do not control what people and others do or say, and we aren’t
responsible for their (or your) actions or conduct (whether online or offline) or
content (including objectionable or unlawful content). We also aren’t

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responsible for services or features offered by other people or companies,
even if you access them through our Service.
c. Our responsibility for anything that happens on the Service (also called
“liability”) is limited as much as the law will allow. If there is an issue with our
Service, we can’t know what all the possible impacts might be. You agree that
we won’t be responsible (“liable”) for any lost profits, revenues, information, or
data, or consequential, special, indirect, exemplary, punitive or incidental
damages arising out of or related to these Terms, even if we know they are
possible. This includes when we delete your content, information, or account.
Our aggregate liability arising out of or relating to these Terms will not exceed
the amount you have paid us in the last 12 months through in-app purchases
and subscriptions.
d. We accept no responsibility or liability in the event Users lose their collected
points, irrespective of the reason for the loss.
e. We are not responsible for the management of the promotions businesses
chose to offer using our Service, and as such accept no liability in the event a
business changes, terminates, extends or refuses to honour a promotion. Any
liabilities created due to applicable local laws are entirely the responsibility of
the business offering the promotion using our Service.
f. Any use or reliance on any Content or materials posted via our Service or
obtained by you through the Service is at your own risk. We do not endorse,
support, represent or guarantee the completeness, truthfulness, accuracy or
reliability of any content or communications posted via the Service or endorse
and opinions expressed via the Service. You understand that by using the
Service you may be exposed to content that might be offensive, harmful,
inaccurate or otherwise inappropriate, that are miss labored or are deceptive.
All content is the sole responsibility of the person who originated such
content. We may not monitor or control the content posted by the Service and
we cannot take responsibility for such content.

12) Advertisements in the Stampshark Application
a. Users who have not chosen to remove all Advertisements through the “in-app
purchase” option will be required, on occasion, to watch Advertisements from
third parties in the Application in order to continue using the Service provided
by the Stampshark Application.
b. Loyalty Solutions has no direct control over the advertisements that are
shown in the Application as they are provided by a third party service
provider. If a User is served an advert which they find to be offensive,
inappropriate or illegal, they should screen shot the advertisement
immediately and send it Loyalty Solutions GbmH at the contact details below.
We will then escalate the complaint to the third party provider and take
whatever action is deemed appropriate at the time.

13) Changes to these Terms and Conditions

Stampshark Terms & Conditions V1.0 12MAY 2020