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Lynked Terms and Conditions of Use

 

Definitions

Application – The Application of Lynked for users and businesses

Business – Business or entity utilising Lynked services.

User – Individual utilising Lynked services as a consumer.

Lynked – Lynked, web site, application, and associated software or devices

Reward Threshold – the limit or point at which a business has decided to issue a reward for loyalty rendered.

 

By accessing Lynkeds web site, the Lynked app, associated software and/or devices you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and/or Mobile Applications, and or software services. The materials contained within are protected by applicable copyright and trademark law.

 

These terms and conditions apply to your access to, and participation in the Lynked Loyalty program(Eirther as a business or consumer) in participating outlets which is operated by Bailey Tech Limited of Carbury Point, Finisklin Business Park, Sligo, F91 HF66 (the “Terms and Conditions”).

 

License: 

Lynked User: 

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install and use the Lynked app on a device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.

 

Business using Lynked:

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, access and use the Lynked Web App and merchant app on a device (whether mobile device or other) owned or controlled by you or your business, solely for your business commercial use. Specific information will be required during on-boarding.

 

Usage:

Permission is granted to temporarily download one copy of the materials (information, software, or application) on the Lynked web site or on the App Store for IOS and Andriod for personal(Non-commercial), commercial(Business Web App, Lynked Merchant App) transitory use only.

 

This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial) – if you are a Lynked user for personal loyalty purposes.
  • attempt to copy, decompile or reverse engineer any software contained on Lynkeds web site or App.
  • remove any copyright or other proprietary notations from the materials; 
  • transfer the materials to another person or “mirror” the materials on any other server.
  • Circumventing or manipulating the operation or functionality of the Lynked app and website or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Lynked App or website.
  • Breaching the security of the Lynked App or identifying any security vulnerabilities in it;
  • Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Lynked App.
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
  • Business accounts utilising Lynked may only use the data collected by Lynked on their behalf through Lynked channels only.
  • Transfer of data to third party channels or entities, including but not limited to email, text/sms, social media pages, is prohibited. Suspicion of such usage or behavior will result in immediate termination of your access to Lynked and its services.
  • Business users can only communicate to customers they have gained on the Lynked platform, through the Lynked platform, and not on any other service, platform, or provider.

 

This license shall automatically terminate if you violate any of these restrictions or terms within this policy and may be terminated by Lynked at any time. Upon terminating your access to Lynkeds services or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Downloading the Lynked App as a User: 

The following is required to download Lynkeds App and services:

  • Full Name
  • Date of Birth
  • Email
  • Gender
  • Mobile Number

This information is required to generate a unique QR code for Lynked users to use in store to collect rewards. 

 

Using the Lynked App and associated WebApp and Website as a Business:

The following is required to download Lynkeds App and services:

  • Full Name
  • Business Name
  • Email
  • Vat Number
  • Mobile Number
  • Locations of your business outlets

 

Lynked Features:

Lynkeds web site, application, and associated software or devices include, without limitation, the following features:

 

Collecting Loyalty

  • You will collect 1 point for every euro spent on qualifying purchases.
  • You will collect one stamp per item purchased on items subject to stamp collection(subject to business terms in which you are collecting the stamps). 
  • Scan your Lynked QR Code/loyaty card at the time of purchase to receive points or stamps to your Lynked Account for use in the business in which you collected the points or stamps. It is the responsibility of the business to issue the correct stamps or points to you.
  • Stamps or points will convert to a reward once you have reached the reward collection threshold as defined by the business in which you are collecting stamps or points.
  • Credit may not be awarded where a free gift, promotion or loyalty reward is being redeemed eg 10th Free Coffee or redeemed welcome promotion. This is however, at the discretion of the business using Lynked in store for customer loyalty purposes.

 

Redeeming Rewards In Store:

The issuance, redemption, usage, and collection of Loyalty is between the consumer and the business utilizing Lynked as a loyalty distribution system. Lynked is not responsible for a business altering their offering whether that is the reward threshold or the reward issued at that threshold at the time the Lynked consumer/user opted into the Loyalty program of a participating business. The Loyalty program on offer from a business is under their control, and their offering is tailored accordingly. 

 

To redeem a reward:

  • Scan your unique Lynked QR code in store. 
  • If you are due a reward this will be visible on the Lynked Merchant app/business cash register to the business owner offering Lynked. 
  • If eligible you will be offered a reward, once received your Lynked loyalty card will be refreshed where your stamp-based loyalty card is restarted. If the business is operating points-based loyalty you will progress onto the next reward threshold.

 

Lynked Digital Wallet

Lynked provides a digital wallet where Lynked users can scan their existing physical Loyalty cards and convert them to digital Loyalty cards to access within the Lynked app. 

Lynked cannot promise, nor is responsible to ensure that physical loyalty cards are scannable, transferable, and recognizable on the Lynked system. Lynked and its staff members will work to enable the compatibility of as many physical loyalty cards as possible but does not guarantee that each physical card would be compatible with Lynkeds services.

 

Non-Transferable, Non-Refundable or No Cashback

All funds loaded received or issued onto Lynked Loyalty apps are non-transferable to other accounts, non-refundable and can only be redeemed in-store for Businesses utilising Lynked (There is no cash back facility).

 

Referrals:

Lynked operates a referral program where a successful referral will result in a cash reward to the individual who referred the business. Please refer to the “Lynked Business Referral Program” Policy.

 

Lynked operates a user-to-user referral program, where a Lynked user can refer a friend to download Lynked and avail of a particular welcome promotion available through the Lynked app. 

 

Loss, theft, fraudulent or unauthorized use

If you lose your device hosting the Lynked Loyalty app or it is stolen, damaged or malfunctions, Lynked are not responsible to replace or transfer the balance stored on it to a replacement Lynked account. You will have a unique Lynked account containing all your collected Loyalty at the present time, once you download onto a new device this Loyalty data will be still available unless it has been spent by an individual with access to your Lynked account. In the event this has occurred Lynked will take no responsibility in reimbursing the lost rewards, points or stamps existing on the individuals account.

 

General Offers and Promotions: 

Lynked and Businesses utilizing Lynkeds services may, upon its sole discretion, determine that certain benefits, promotions, offers shall apply to registered Lynked members, or to certain groups of members. This may be due to specific or targetted marketing campaigns or certain offers. By signing up to using Lynked as an app you agree that certain promotions, offers or rewards may be provided to certain individuals on the Lynked app and not the entire userbase of Lynked. 

 

Disclaimer:

The materials and service provided by Lynked are provided “as is”. Lynked makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lynked does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site, applications, services or otherwise relating to such materials or services or on any sites linked to Bailey Tech Ltd or Lynked.

 

Lynked is a service provider to Businesses and Customers whom seek to engage with Lynkeds services.

 

Lynked is not responsible for the dealings between customers and businesses nor liable for items, including but not limited to:

  • Points or stamp issuance from business to consumer.
  • Redemption and/or usage of stamps or points.
  • Promotion issuance and/or usage of promotions.
  • Lost points or stamps due to network issues or issues on behalf of the consumer or business.
  • Rectifying incorrect issuance, usage, or redemption of points and/or stamps, and/or promotions in store.
  • Rectifying loss of stamps, points and/or promotions or offers.
  • Ensuring communications utilising Lynked between businesses and customers are successful, usable, and/or interpretable.
  • The physicality of the Lynked scanner or promotional material in store. 
  • Upkeep of the device used to download and use the Lynked application and/or service.
  • Timing of or expiry of offers, promotions, points, stamps, discounts issued from merchants or businesses to Lynked users. 
  • Change of Loyalty offering from business to consumer, such as changing the reward limits/threshold and or reward details and/or reward type.
    • For example, a business changing their offering from “collect 7 stamps and get a free item” to, “collect 10 stamps and get a free item”

 

It is the sole responsibility of the business to ensure the Lynked scanner and supporting material including but limited to signage, posters, stands are ergonomically safe. 

 

By signing up to Lynked you agree to the terms as set out in the Privacy policy and the usage of information and data between you and Lynked app, its website, partners, and participating businesses.

 

Limitations:

In no event shall Lynked, its suppliers, or partners, be liable for any damages (including, without limitation, damages for loss of data, benefit, or profit, or due to business interruption,) arising out of the use or inability to use the materials or services on Lynkeds website, or application, even if Lynked or a Lynked authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. If one or more of these limitations are restricted by jurisdiction, all other limitations, Terms, and Conditions within this document will still apply.

 

Revisions and Errata:

The materials appearing on Lynkeds website and App could include technical, typographical, or photographic errors. Lynked does not warrant that any of the materials on its web site, or app are accurate, complete, or current. Lynked may make changes to the material, format, offering, design, user Interface and User Experience on the Lynked App, WebApp  or Website at any time without notice. Lynked does not, however, make any commitment to update said features.

 

Third-Party Features, Options and Tools:

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site, Lynked App, Lynked Web App, Lynked Website, or Devices with any Lynked software or service installed is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Site Terms of Use Modifications:

Lynked may revise these terms of use for its web site and application at any time without notice. By using Lynkeds web site, application, and associated software or devices provided you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

Governing Law

Any claim relating to Lynkeds web site, application, and associated software services or devices shall be governed by the laws of the State of Ireland without regard to its conflict of law provisions.

 

Lynked reserves the right to be governed by the laws of the state in which the claim originated if it occurs outside of Ireland. 

 

General Terms and Conditions applicable to Use of a Web Site, and associated software or devices.

 

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

Severability:

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or services.

 

If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Lynked and Businesses using Lynked, may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice with reasonable time beforehand. You agree and acknowledge that Lynked and its partners do not assume any responsibility with respect to, or in connection with the termination or suspension of the App’s operations, services or features.

 

You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by Lynked, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.

Upon termination of the App’s operation or any service or features provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion of Lynked, without giving rise to any liability of Lynked. Removal of the Mobile App does not automatically unsubscribe you or remove you from the Lynked service, this will only be completed by deleting your account. 

 

Lynked reserves the right to terminate, and or suspend Lynked Business users for late payment, no payment, or breach of any terms within these terms of service.

 

App Availability

The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. Lynked DOES NOT WARRANT THAT THE APP AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.

 

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