Promotion Cycle Limited terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING OUR APP

These are the terms and conditions on which we supply our service and digital content to you through the “ProMotion Rewards” mobile application through which you access our services (“Our App”).

Why you should read them. Please read these terms carefully before you submit your orders to us. These terms tell you who we are, how we will provide the services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

Our App “ProMotion Rewards” is operated by Promotion Cycle Limited ("we/our/us"). We are registered in Ireland under company number 681666 and have our registered office at Dogpatch Labs, Unit 1, The CHQ Building, North Wall Quay Dublin 1, Dublin, Ireland.

We are a limited company. Our App allows users (the “Customers/you”) to (i) submit copies of their shopping receipts (the “Receipts”) (ii) complete surveys and (iii) engage in our “Refer a Friend” programme, all in return for rewards (the “Rewards”) generated by a points system (the “Points”) (the “Services”). To contact us, please email info@usepromotion.com

If we have to contact you we will do so by telephone or by writing to you at the email address you provided when registering for Our App.

2.1 Capacity and age: By uploading a Receipt through Our App, you warrant that:

• 2.1.1 You are legally capable of entering into binding contracts; and

• 2.1.3 You are at least 18 years old.

3.1 Accessing Our App. You may access some areas of Our App without uploading any Receipts. Our App is made available free of charge.

3.2 Acceptance of these Terms. By downloading Our App either via Google Play, the AppStore, or the links provided to you on our website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave Our App immediately, and you will not be able to upload any Receipts.

3.3 Closing your Account. You may close your account at any time by deleting Our App from your device. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Services (for example, by making repeated unreasonable complaints, mistreating our staff, or any other good reason).

3.4 We only sell to Ireland. Our App is solely for the promotion of our Services in Ireland.

4.1 Minor changes to the Services. We may make change to the Services:

• 4.1.1 to reflect changes in relevant laws and regulatory requirements; and

• 4.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.

4.2 More significant changes. In addition, we may make more significant changes to these Terms, or the Services, but if we do so we will notify you of such changes.

4.3 Updates to digital content and security updates. We will inform you of any updates to our digital content, including security updates, that are necessary to maintain Our App in conformity with these terms. We may require you to update digital content on Our App from time to time, provided always that the digital content shall always match the description provided to you before you bought or downloaded it.

5.1 Participating Brands. Through the use of our Services, you will engage with our participating brands to obtain certain Points and Rewards. Our full list of participating brands can be found here: www.usepromotion.com

5.2 Uploading your Receipt. Once you have selected the Receipt you wish to upload and provided the other required information, you will be given the opportunity to submit your Receipt by clicking or selecting “proceed”, or a similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Receipt.

5.3 Points for Receipts. The value of the Points received for Receipts is calculated on the nature of the Receipt, and/or the nature of your interaction with the participating brands (where applicable). For the avoidance of doubt, Points should not be considered as methods of payment within the meaning of the Scheme of Consumer Rights Bill 2021 and any implementing legislation or enactments thereto. Points have no other purpose and should not be considered digital content or a digital service.

5.4 Other Points programmes. The value of the Points received for our other features such as (i) our surveys, and (ii) our “Refer a Friend” programme, is calculated on the nature of interaction you have with these features and the frequency of use. For more information on the value of our Points, please visit our website: www.usepromotion.com

5.5 Expiration of Points. The value of Points received for any of the features on Our App will expire if you are inactive on Our App for 90 days. You will be deemed inactive if you do not upload any Receipts or participate in any of Our App programmes to earn points in a 90 day period. Once the Points expire, they cannot be redeemed.

5.6 Rewards. The Points may be used to redeem the Rewards once they meet the minimum threshold as outlined on our App. This minimum threshold is subject to our discretion and may change from time to time. The available Rewards will be as listed on our App, but we cannot guarantee that any given Reward will be available for any specific Customer at any given time.

5.7 Redemption Process. When you meet the minimum redemption threshold and decide to redeem a Reward, you can select the type of Reward you would like to receive. Once this request is authorised, your Points will be deducted accordingly. All Rewards are nonrefundable, and cannot be returned. Prior to redemption, Points have no monetary value, and they are non-transferrable. There is no automatic redemption of Points. We are not responsible or liable for any loss or delay of any Redemption Item once you have redeemed your Points. Furthermore, not all Rewards or Offers may be available to all users at all times, and different Rewards or Offers may be available only to certain users. Items for which Rewards are or will be available are subject to change without notice. ProMotion Rewards reserves the right to change, remove, discontinue or otherwise alter the available Rewards or Offers at any time. To ensure fair usage, a limit on the number or value of gift cards redeemed per person per month is implemented, with further information available under the Frequently Asked Questions (FAQ) section in the app. This redemption limit is subject to change at the discretion of the ProMotion Rewards team.

5.8 We are not responsible for delays outside our control. If the supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your subscription.

6.1 Reasons we may suspend the supply of Services to you. We may have to suspend the Services to:

• 6.1.1 deal with technical problems or make minor technical changes;

• 6.1.2 update Our App to reflect changes in relevant laws and regulatory requirements;

• 6.1.3 make changes to the Services or Our App as requested by you or notified by us to you.

6.2 Lack of conformity.

• 6.2.1 Our App is not a paid-for service. If however we supply Services to you that do not comply with these terms, without limiting or affecting other rights or remedies available to you, you shall have one or more of the following rights and remedies:

  • (a) to have the Services brought into conformity (a) free of charge, (b) within a reasonable time from the time we have been informed by you in writing about the lack of conformity, and (c) without any significant inconvenience to you, taking account of the nature of the Services and the purpose for which you required the Services;

  • (b) to terminate the Services and this contract with immediate effect by cancelling your account on written notice to us and deleting Our App from your device.

• 6.2.2 Your right to have the Services brought into conformity with these terms shall not apply where this would be impossible or would impose disproportionate costs on us taking into account all the circumstances of the case including: (a) the value the Services would have if there were no lack of conformity, and (b) the significance of the lack of conformity.

7.1 How to tell us about problems with the Services. Our Customer Care team will try to assist you where possible if you have any problems with the Services. You can contact our Customer Care team by clicking or selecting the "Customer Support", "Help" or similar button or by emailing info@usepromotion.com

8.1 We are responsible to the Customer for foreseeable loss and damage caused by us. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

8.2 We do not exclude or limit in any way our liability to the Customer where it would be unlawful to do so. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

8.3 Defective Content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

8.4 Limitation of Liability. Subject to clause 8.2 above, Promotion Reward’s total liability to the Customer shall not exceed the total monetary value of the Rewards redeemed by the Customer.

9.1 We are the owner or the licensee of all intellectual property rights in Our App and any updates or upgrades to Our App and in the material published on it, including any updates or upgrades. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 We hereby grant the User a non-exclusive, non-transferable, limited licence to the extent necessary to use Our App for your personal use, and for as long as you are a valid Promotion Rewards account holder.

9.3 You must not use any part of the content on Our App for commercial purposes without obtaining a licence to do so from us or our licensors.

9.4 If you print off, copy or download any part of Our App in breach of these terms, your right to use Our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.5 Any form of fraudulent activity on Our App will not be tolerated and we reserve the right to take any action we deem necessary against this activity. Fraudulent activity might include the fraudulent manipulation of Our App and/or our Services, in an attempt to deceptively gain Points in a manner that does not comply with these terms.

Our App is made available ”as is” and free of charge. We do not warrant or guarantee that Our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

11.1 We will only use your personal information as set out in our Privacy Policy. By using our App, you are authorising us to share your anonymised personal data with our participating brands. Our participating brands will use your personal data in accordance with their respective privacy policies.

11.2 For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the Ireland including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Acts 1988 - 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

11.3 Both the Customer and Promotion Cycle Limited confirm that they will comply with all applicable requirements of the Data Protection Legislation. This clause 11 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.5 These terms are governed by Irish law and you can bring legal proceedings in respect of the Services in the Irish courts.