Terms and conditions

Welcome to LoyaltyZen.com (referred to as “LoyaltyZen,”, “we”, “us,” or “our”). LoyaltyZen provides LoyaltyZen.com and its related services (“LoyaltyZen Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.

LoyaltyZen Service enables you to create, maintain and administer customer loyalty program (the “Loyalty Program”)

LoyaltyZen Service is provided by CarDirect Marcin Krejza company with business address at Wąska Street 15/1, 15-481 Białystok, Poland, and with tax ID number PL9661784807.

LoyaltyZen reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://loyaltyzen.com/Home/TermsAndConditions

 

  1. ACCEPTANCE OF TERMS OF SERVICE
    1. Your use of any of LoyaltyZen’s Services is subject to Terms of Service in effect at the time of your use.
    2. Your use of the LoyaltyZen Service is also subject to the LoyaltyZen Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the LoyaltyZen Privacy Policy (LINK).
    3. By signifying your acceptance of these Terms of Service or making any use of the LoyaltyZen Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use LoyaltyZen Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
  2. YOUR ACCOUNT
    1. The LoyaltyZen Service is not intended for users under the age of thirteen (13). By signifying your acceptance of these Terms of Service or making any use of the LoyaltyZen Service, you represent and warrant that you are at least thirteen (13) years of age.
    2. Your account will be accessed through a user ID (your e-mail address) and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify LoyaltyZen of any unauthorized use of your Credentials.
    3. Using your account, you may access and participate in the LoyaltyZen Service.
  3. INTELLECTUAL PROPERTY
    1. LoyaltyZen owns the LoyaltyZen Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the LoyaltyZen Service, and the combination of all the elements on the LoyaltyZen Service. The LoyaltyZen Service as a whole, the computer code of the LoyaltyZen Service, the user interface and graphic elements are all copyrighted works of LoyaltyZen.
  4. CODE OF CONDUCT
    1. When using LoyaltyZen you are responsible for:
      1. Using the LoyaltyZen Service in a legal manner and you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
      2. Configuration and setting up your Loyalty Program.
      3. Enrolling customer in your Loyalty Program only upon their agreement.
      4. Obtain customer agreement if you wish to send them text or e-mail messages via LoyaltyZen Service.
      5. Removing customer from your mailing list upon customers request.
    2. If you wish to remove customer data and Account from your Loyalty Program you need to send a request to support@loyaltyzen.com.
    3. LoyaltyZen doesn’t guarantee delivery of every e-mail and text massage send from LoyaltyZen to customer enrolled in your Loyalty Program.
    4. You are solely responsible for the Loyalty Program, which you create, maintain and administer using LoyaltyZen.
    5. You may not assign your subscription to the LoyaltyZen Service, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the LoyaltyZen Service to its successor in interest in connection with the sale of your business as a going concern or in connection with the sale of all, or substantially all, of your assets.
  5. CANCELLATION AND TERMINATION
    1. You have the right to terminate using the LoyaltyZen Service and cancel your account. You can cancel your account by sending an e-mail tocancelation@loyaltyzen.com. You may not cancel your Account, unless you settle all your amounts due to LoyaltyZen.
    2. LoyaltyZen has the right, but not the obligation, to block or terminate your Account and Loyalty Program in case of violation of the Terms of Service.
    3. LoyaltyZen also has the right, but not the obligation, to block your account and Loyalty Program in following cases:
      1.  Engaging in or contributing to any illegal activity or activity that violates others’ rights.
      2.  Providing information that is false, misleading or inaccurate.
      3.  Hacking or modifying the LoyaltyZen Service or another Web site to falsely imply an association with LoyaltyZen.
      4.  Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.
      5.  Transmitting worms, viruses or harmful software.
      6.  Disclosing personal or proprietary information of another person or organization.
    4. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information, but is not required to be, deleted by LoyaltyZen.
    5. If you are a customer enrolled in the Loyalty Program you want to cancel your account you can do so, by contacting directly the administrator of the Loyalty Program, which you are enrolled in, or by sending a request to support@loyaltyzen.com.
  6. PAYMENTS
    1. You are obliged to pay in due time the subscription payment for the use of the LoyaltyZen Service according to the chosen payment plan and number of text messages sent from your account.
    2. You are entitled to pay the subscription payment as a recurring payment, per the chosen payment plan. The recurring payment shall be deducted automatically. The Customer is entitled to authorize LoyaltyZen to process the subscription payment for the chosen plan after the trial period. The recurring payment will be issued on the first day after the expiration date of the subscription.
    3. The free trial time period continues until you register first 25 customer in your loyalty program.
    4. You may upgrade or downgrade your plan at any time. The change will take place from the beginning of next billing cycle.
    5. If you don’t make the payment for the LoyaltyZen Service on time, LoyaltyZen is entitled to refuse access to the LoyaltyZen Service. If you do not make the payment within 60 days from due date your account and Loyalty Program will be terminated.
    6. The amount of the subscription payment is based on the current price list, which is presented on the www.loyaltyzen.com website.
    7. LoyaltyZen reserves, at its sole discretion, the right to change the fees for the Service. Upon a change, the new payment plan becomes valid starting from the following payment due date, unless you terminate the LoyaltyZen Service before that date. A cancelation notice should be received by LoyaltyZen within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.
    8. If your company is based outside of Poland you are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by LoyaltyZen. All fees stated for use of the LoyaltyZen Service are net of any applicable taxes.
    9. If your company is based in Poland and you pay in PLN, these prices already include standard sales tax (VAT) of Poland.
    10. The receipts and invoices are available in the Loyalty Program administrator’s panel.
    11. LoyaltyZen maintains no refund policy.
    12. In the event of not receiving a payment or any other situation which causes failure to receive payment, or any chargeback imposed on LoyaltyZen that relates to your payment, LoyaltyZen  reserves, at its sole discretion, the right to refuse access to the LoyaltyZen Service.
  7. GENERAL TERMS
    1. These Terms of Service will remain in full force and effect while you use the LoyaltyZen Service.
    2. You agree to indemnify and hold LoyaltyZen, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the LoyaltyZen Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the LoyaltyZen Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
    3. THE LOYALTYZEN SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE LOYALTYZEN SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LOYALTYZEN SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOYALTYZEN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, LOYALTYZEN AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE LOYALTYZEN SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LOYALTYZEN DOES NOT WARRANT THAT THE LOYALTYZEN SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOYALTYZEN OR THE LOYALTYZEN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
    4. NEITHER LOYALTYZEN NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOYALTYZEN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO LOYALTYZEN FOR THE LOYALTYZEN SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
    5. This LoyaltyZen Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.