Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Yollty website (www.yollty.com) (the “Website”) and the Yollty mobile application (the “Mobile Application” or the “Application”, collectively with the Website, the “Services”) operated by Yollty, a limited liability company (société à responsabilité limitée) governed by the laws of Luxembourg, with a share capital of EUR 12,500.00, having its registered office at 1, rue Josy Printz, 5841 Hesperange, Grand Duchy of Luxembourg, registered with the Luxembourg Register of commerce and companies under number B205415 (” Yollty”, “Us”, “We”, or “Our”).
By signing up or otherwise using the Services or accessing any content or material that is made available by Yollty through the Services (the “Content”) you get access to:
- a list of promotional activities that you can perform in order to collect points that later you can redeem towards gifts that we, in our sole discretion, have decided to make available to you in exchange of the collected points (“Yollty Points”); and
- promotional, marketing and advertising content that Merchants have decided to share with you.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
In order to use the Services and access the Content, you need to (1) be 13 or older and have your parent or guardian’s consent to the Terms, (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Services are available. You also promise that any registration information that you submit to Yollty is true, accurate, and complete, and you agree to keep it that way at all times.
If you disagree with any part of the Terms, then you may not access the Services.
1.1. Subject to the Terms hereof, Yollty grants you a non-transferable, non-exclusive, revocable, limited license to use the Services including any updates that might become available in the future (the “License”). This License shall remain in effect until and unless terminated by you or Yollty.
1.2. All content included in the Services, such as text, graphics, logos, images, data compilations, and software, is the property of Yollty or the participating Merchants. The compilation of all content on the Services and all the software used on or provided through the Services is the exclusive property of Yollty.
1.3. Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Yollty by you through the Services, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided), becomes the exclusive property of Yollty without compensation and Yollty may copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. You hereby agree to take whatever further actions, may be necessary to assign your rights to the same to Yollty.
1.4. By sending, posting and or publishing any Content on or through the Services, you hereby grant to Yollty a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content.
2. User login details
2.1. To access our Services, you will be required to register for a Yollty account.
2.2. Your user name must not be liable to mislead and must comply with the content rules set out in section 4 of these Terms; you must not use your account or user name for or in connection with the impersonation of any person.
2.3. You must keep your password confidential.
2.4. You must notify us in writing immediately if you become aware of any disclosure of your password.
2.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
2.6. You may create one and only one account with Yollty and you may not transfer, sell or otherwise assign it to any other person.
Yollty does not currently charge its users to access and use the Services, however Yollty may, at any point and in its discretion, decide to start charging fees for the access and use of the Services or specific functionalities of the Services, upon [thirty (30)] days’ prior notice to you, in accordance with clause 15 of these Terms.
4. Your content: rules
4.1. By using our Services you will have the opportunity to post, send, publish and/or submit content to us or the Merchants. You warrant and represent that your content will comply with these terms and conditions.
4.2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
4.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libelous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
4.4. Yollty reserves the right to monitor all content submitted by you through the use of the Services but at no instance Yollty is obliged to do so. You shall be the solely responsible of all content you submitted to the Services.
5.1. No warranty or support
- You expressly acknowledge and agree that use of the Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- To the fullest extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services, that the functions contained in the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty.
- You expressly acknowledge and agree that Yollty is not responsible for making sure that Merchants provide the promised rewards or any other obligations they might have towards you.
- You expressly acknowledge and agree that Yollty is not responsible or liable for any transaction between you and third party providers of Third Party Applications or products or services advertised on or through the Services.
5.2. We do not warrant the Services or their availability. We reserve the right to discontinue or alter any or all of our Services, at any time in our sole discretion without notice or explanation. We also reserve the right to revoke your access to any or all of our Services at any time in our sole discretion without notice or explanation. In either case you will not be entitled to any compensation or other payment upon the revocation of access, discontinuance or alteration of any or all of our Services and any type of points and rewards that you have collected may become invalid.
5.3. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
5.4. Yollty does not exercise any control over any Merchant or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
6. Acceptable use
6.1. You must not:
- use our Services in any way or take any action that causes, or may cause, damage to the Services or impairment of the performance, availability or accessibility of the Service;
- use our Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our Services to copy, store, host, transmit, post, send, use, publish or distribute any material which:
- consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- do not comply with the content rules set out in Section 10
- access or otherwise interact with our Services using any robot, spider or other automated means, except for the purpose of search engine indexing;
- reverse engineer, decipher, decompile, disassemble or in any other way attempt to obtain the source code or other trade secrets of the Services or any part of the Services.
- use the Services in order to get in touch or attract businesses or persons to a directly or remotely competitive Services to Yollty.
- post, send, publish, submit or in any other way make public coupons, QR codes, bar codes and any other information that might help other persons to claim rewards made available through Yollty.
- exceed or attempt to exceed the limits that Yollty and/or the Merchants have decided to set for the promotional activities. Such limits include but are not limited to the number of times you can claim a reward in a predefined period.
6.2. You must ensure that all the information you supply to us through our Services, or in relation to our Services, is true, accurate, current, complete and non-misleading;
6.3. You must represent only yourself on the Services, and no other persons, living, dead, or imagined. The Services may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Yollty;
6.4. Any use or access by anyone under the age of 13 is prohibited. If you access or use the Services, you agree that you are NOT under the age of 13;
6.5. When providing feedback to a Business through the Yollty Services you must provide your honest, legitimate, accurate and timely opinion of the service you experienced. You accept that in cases our review of your provided feedback indicates that it might not be accurate, legitimate, honest and/or timely we, at our sole discretion, might decide to not grant you or revoke the associated Yollty Points. In case you fail to pass the review for more than 3 times we might deactivate your account and in such case you will not be entitled to any compensation or other payment and any type of points and rewards that you have collected may become invalid.
6.6. When you check-in to a Business via Facebook by using our Services you should set the audience of the post to at least 5 people and not remove the post after collecting the points. You accept that in case our review of your check-in indicates that the audience of the post accounts to less than 5 people or that the post was removed we might decide, at our sole discretion, to not grant you or revoke the associated Yollty Points. You should also be located inside the Business that is providing you with this promotional activity. You accept that in case our review of your check-in indicated that you were not present at the location of the Business, we might decide, at our sole discretion, to not grant you or revoke the associated Yollty Points. In case you fail to pass the reviews more than 3 times we might deactivate your account and in such case you will not be entitled to any compensation or other payment and any type of points and rewards that you have collected may become invalid.
6.7. When you claim a visit reward you should be located inside the Business that is providing you with this promotional activity. You accept that in case our review of your in-shop check-in indicates that you were not present at the location of the Business we might decide, at our sole discretion, to not grant you or revoke the associated Yollty Points. In case you fail to pass the review more than 3 times we might deactivate your account and in such case you will not be entitled to any compensation or other payment and any type of points and rewards that you have collected may become invalid.
6.8. When you post a picture on Instagram for the purpose of collecting Yollty points you should post a picture that is directly related to a product, service or location of that business, you should include all the tags requested by the Business in the caption field of Instagram and not remove the post after collecting the points. You accept that in case our review of your post indicates that the appropriate tags were not included or that the picture is not related to the Business or that the post was removed we might decide, at our sole discretion, to not grant you or revoke the associated Yollty Points. In case you fail to pass the reviews more than 3 times we might deactivate your account and in such case you will not be entitled to any compensation or other payment and any type of points and rewards that you have collected may become invalid.
6.9. Yollty rewards and promotional offers cannot be combined with any other offers, vouchers or coupons and cannot be redeemed or exchanged for cash.
8. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY YOLLTY SOFTWARE AND TO STOP USING THE SERVICES. WHILE YOLLTY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO YOLLTY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOLLTY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, WITHOUT REGARD TO WHETHER YOLLTY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in the Terms removes or limits Yollty’s liability for fraud, fraudulent misrepresentation and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
9. Third party rights
Other than as set out in this section, the Terms are not intended to grant rights to anyone except you and Yollty, and in no event shall the Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Terms are not subject to the consent of any other person.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Yollty, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all damages, losses, claims and expenses of any kind, including reasonable attorneys’ fees and costs, arising out of your use of the Services, including but not limited to your breach of these Terms and your violation of any law or the rights of a third party.
11. Third Party Content
Yollty may provide third party content (the “Third Party Content”) on the Services as well as links to websites and content of third parties (the “Third Party Applications “), as a service to those interested in this information. Such Third Party Applications may have their own terms and conditions of use and privacy policies and your use of such Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. Yollty does not control, endorse or adopt any Third Party Content and makes no representation or warranty of any kind regarding the content, data, products and other information offered via those websites. You acknowledge and agree that Yollty is not responsible or liable in any manner for the behavior, features or content of any Third Party Content or for any transaction you may enter into with the provider of any such Third Party Application and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Services.
12. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Yollty, the Terms constitute all the terms and conditions agreed upon between you and Yollty and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
13. Severability and waiver
Unless as otherwise stated in the Terms, should any provision of these Terms be held invalid, unenforceable or prohibited in any jurisdiction, for any reason or to any extent, this shall not affect the validity and enforceability of the remaining provisions of these Terms or the validity and enforceability of such provisions in any other jurisdiction.
Any failure by Yollty or any third party beneficiary to enforce the Terms or any provision thereof shall not waive Yollty’s or the applicable third party beneficiary’s right to do so.
14. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Any disputes arising out or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the district of Luxembourg.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make material changes to the Terms, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Terms, you may terminate your use of the Services by contacting us by sending an email to firstname.lastname@example.org.
If any clause of these Terms & Conditions is or becomes void, unenforceable or prohibited in any jurisdiction, this shall not affect the validity and enforceability of the other clauses of these Terms & Conditions or the validity and enforceability of such clauses in any other jurisdiction. In any such event, Yollty and you agree to substitute a valid and enforceable clause in the place of the invalid, unenforceable or prohibited clause in the spirit and to the effect of the latter.
17. Contacting Us
If you have any questions about these Terms or the Services, please contact us using the contact details below:
Yollty, S.à r.l.
1 Rue Josy Printz