User Terms & Conditions
Last Updated: 23/09/2016
Welcome to Bink, a service which introduces and connects users to loyalty scheme and membership programs (the "Service").
The Site and App are operated by Loyalty Angels Limited (trading as Bink), whose registered office address is at 2 Queens Square, Ascot Business Park, Lyndhurst Road, Ascot, Berkshire, SL5 9FE ("we", "our", or "us").
Please read these Terms carefully to be sure that you understand them. By using our Site or App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site or App.
We will try to keep everything in this document as straightforward as possible, but if there is anything that concerns you or you do not understand, please get in touch with us by emailing us here or writing to us at our address above.
These Terms refer to the following additional and important terms, which also apply to your use of our Site or App:
You must be over 18 years old and a resident of the United Kingdom or Republic of Ireland to register for and use the Service. The Service is for the personal use of individual users only and may not be transferred by you to any other person or entity or used in connection with any commercial endeavours. You must not allow anyone to access the Service on your behalf.
Creating an Account
In order to use the Service, you will need to create an account. You may create an account using Facebook or other third party social networking service ("SNS"), which can make sign-up faster and grant you access to additional features of our Service.
If you create an account, we will obtain certain personal information about you (such as your name, email address and other information you provide or have made publically available), and use that information to create your account. If you create an account via SNS, the specific information we receive will be dependent on your privacy settings. By linking and using your SNS account, you authorise us to access and collect your information for these purposes. You must only link your own SNS account.
When you create an account with us, you agree to provide accurate, current and complete information about yourself and you agree not to misrepresent any information relating to yourself or your identity. By providing us with your email address, you agree to receive all Service related notices electronically to that email address.
You are responsible for safeguarding your account and are responsible for activities that occur under your account. You must notify us immediately here if your password is lost, stolen, or disclosed to an unauthorised third party, or if your account has otherwise been compromised.
Using the Service
The Service is free to you to use as a consumer and is meant as an aid for you in organising and managing your interaction with retailers and/or service providers who run loyalty scheme or membership programs (“Merchants”). Amongst other things, the Service is intended to help you to:
- identify and register for loyalty schemes or membership programs;
- view your payment transaction history with Merchants;
- monitor and track your collection of loyalty points, tokens or rewards balances with each Merchant (“Loyalty Rewards”);
- redeem Loyalty Rewards with Merchants; and
- be kept up to date with the latest offers, discounts, promotions and incentives run by Merchant
Important Notes About Your Payment Cards and Transactions
To use the Service, you may link one or multiple qualifying payment cards with your account ("Linked Card" or “Linked Cards”). Please note that not all payment cards are eligible for such linking and this will be notified to you at the time you attempt to link the card.
By registering for the Service and linking a payment card, you agree that your payment network (e.g., MasterCard, American Express, Visa or any other payment networks we may work with), may examine transactions (including returns) made on your Linked Card to identify relevant transactions made with each Merchant you have registered with and share this transaction data with us in order for us to provide you with the Service and for reporting to the relevant Merchant.
Not all transactions made with your Linked Card may be relevant to the Service or eligible for Loyalty Rewards.
We will use the transaction data to:
- identify loyalty schemes or membership programs of which you are or are not a member;
- assist you to join additional loyalty schemes or membership programs;
- monitor and track your collection of Loyalty Rewards on loyalty schemes to which you belong; and
- report to Merchants for Loyalty Rewards balance updates.
- We have no responsibility for the products and services provided to you by any loyalty scheme or membership program offered by Merchants or other third parties. You acknowledge that the granting and redemption of any Loyalty Rewards is subject to the applicable terms and conditions and discretion of the applicable Merchant or third party and we will not have any liability to you for any actions taken by a Merchant or third party.
Our Access to Information
By using the Service, you authorise us and/or our service providers to access any loyalty schemes or membership programs selected by you, on your behalf, to retrieve information from various sources (including payment networks) and to take all necessary steps to register for access to loyalty schemes or membership programs requested by you. For all such purposes, you agree that we may access third party internet sites, servers or documents, retrieve information, and use your information, all as described above.
If you upload content to our Site or App (“Content”), you will be solely responsible for that Content.
You agree not to submit any Content to our Site or App that:
- infringes any intellectual property rights;
- is in breach of confidence or privacy;
- is false, misleading, defamatory, discriminatory, threatening or offensive;
- is likely to cause someone anxiety or distress;
- encourages violence or racial or religious hatred;
- encourages or teaches conduct that is a criminal offence;
- gives rise to civil liability; or
- is otherwise unlawful.
Any Content you upload to our Site or our App will be considered non-confidential. You retain all of your ownership rights in your Content, but by uploading content to our Site or App, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable licence to use, copy, display and store Content you submit (including but not limited to any information accessed from your loyalty schemes) and to edit, modify, and prepare derivative works of, or incorporate into other works, such Content, and grant and authorise sublicenses of the foregoing to third parties.
For example purposes only, we may
- use, modify, display, distribute and create new material using Content to provide the Service to you including displaying directly targeted ads to you;
- analyse Content to provide information about third party products or services that you might find interesting;
- use the Content to create and analyse aggregated data about you, provided that you are not identifiable from the aggregated data; and
- use the Content in our marketing materials.
We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our Site or App. We reserve our right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site or App constitutes a violation of their intellectual property rights, or of their right to privacy.
We reserve the right to remove any Content you post on our Site or App if, in our opinion, your post does not comply with these Terms.
The views expressed by other users on our Site do not represent our views or values.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service:
- access or tamper with the Site or App, or try to gain unauthorised access to the Site, App, computer systems, or the technical delivery systems of our service providers;
- knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- gather and use information, such as user names, real names, email addresses or transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
- use the Service for any commercial purpose or for the benefit of any third party or in any manner not authorised by these Terms;
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without the our permission;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Additionally, the following activities are prohibited and constitute a violation of these Terms:
- Providing fraudulent or false information;
- Accessing the personal information of third parties;
- Infringing the intellectual property rights of, or breaching any duty of confidence to, any third party;
- Tampering with security we implement to protect our Site or App;
- Soliciting Merchants or users of the Services for commercial purposes or otherwise, or using information made available via the Service for commercial purposes;
- Reselling Loyalty Rewards and offers, discounts, targeted promotions or other information;
- Attempting to use Loyalty Rewards and offers, discounts, targeted promotions or other information more than once;
- Making or implying any statements you make are made or endorsed by us;
- Intentionally overwhelming our servers with excessive demand; and
- Adding any hyperlinks to our Site or App without our written consent.
Variation of or Suspension of the Service
We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that we shall not be liable to you or any third party for any modification or discontinuance of the Service.
Cancellation or Suspension of your Account
You may cancel your account at any time by contacting us by email here. On cancellation, your account details containing your personal information will be deleted from our systems. Please note that your account details will not be deleted by deleting the App alone.
We may at any time suspend your use of the Service on reasonable grounds which relate to:
- the security of the Service including the suspected unauthorised or fraudulent use of the Service;
- we believe it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); and/or
- your use of the Service in contravention of any reasonable instructions given by us from time to time.
You will normally be given advance notice (by email) if your use of the Service is going to be suspended. Such notice will tell you why such action is being taken. Please note that you will not receive notice or details of why the action is being taken if this would compromise reasonable security measures or if it is unlawful to do so.
Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled (whether by you or us), you will no longer be able to access your account or any Content you have submitted to the Site or App.
We will not be liable to you or to any third party for the suspension or termination of your account or your access or use of the Service. Once your account is terminated, you understand and acknowledge that we will have no further obligation to provide the Service to you or provide you with access to any of your account information or Content.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights (including copyright, trade marks, database rights), in and to our Service, Site and App. The contents on our Site and App including their “look and feel” are protected by copyright laws and treaties around the world. All such rights are reserved by us.
You must not our Site or App, or use any part of the content on our Site or App, for commercial purposes without obtaining a licence to do so from us or our licensors.
Links to Third-Party Web Sites
Our Site or App may contain links to websites and/or apps of Merchants and other third parties (“Third Party Sites”). We do not endorse the Merchants, companies or contents of any Third Party Site, or the products, goods or services offered via any Third Party Site (“Third Party Services”).
Third Party Sites have not been verified or reviewed by us. Your access and use of any Third Party Site, including any purchase of Third Party Services you make from a Third Party Site, is entirely at your own risk and discretion and subject to the terms and conditions and privacy policies of that Third Party Site. We expressly disclaim any liability related to your use of any Third Party Sites or Third Party Service.
You agree to indemnify us and our service providers and keep us and our service providers indemnified from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable lawyers’ fees) arising out of or attributable to any misuse by you of the Service, your violation of these Terms or your infringement of any intellectual property or other right of anyone.
Disclaimer of Warranties
Your use of Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We and our service providers make no warranty that:
- the Service will meet your requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Service will be accurate, reliable or completely up to date;
- the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; or
- any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these terms.
If Bink ever directly handle Card Data
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service, Site or App or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Service, Site or App; or
- use of or reliance on any content displayed on our Site or App.
Please note that we only provide our Service, Site or App for domestic and private use. You agree not to use our Service, Site or App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service, Site or App to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site or App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Changes to these Terms
Please check this page and subsequent pages from time to time to take notice of any changes we made, as they are binding on you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Validity of these Terms
If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Service or these Terms.