SpotStamp - Terms of Use

By accessing or using the SpotStamp website, the SpotStamp service, or any applications (including mobile applications) made available by SpotStamp (together, the "Service"), however accessed, you agree to be bound by these terms of use (“Terms of Use”). You may find more information about how we collect and store personal data and cookies by reading our Privacy Policy. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

  1. Definitions
    1. “SpotStamp” is a reference to Spot Stamp Limited (company registration number 09987129) of Kemp House, 152 City Road, London, Greater London EC1V 2NX, England;
    2. “SpotStamp App” is a reference to the software application owned, run and operated by SpotStamp;
    3. “Merchant” is a reference to any person or entity which is registered with us to use our Service to offer a customer loyalty programme;
    4. “User”, “you”, “your” and “yours” are references to you the person accessing or using the Service;
    5. “we”, “us” and “our” are references to SpotStamp and/or a Merchant, where applicable; and
    6. “Website” is a reference to this website,
  2. Access to the Service
    1. In order to access our Service and use the SpotStamp App you must be aged 13 years or older and in using the Service you represent and warrant to us that you are older than 13 years.
    2. The Service is operated by the Merchants listed on this Website through the services of its technical provider, SpotStamp. These Terms of Use are a contract between you, each Merchant and SpotStamp, and can be enforced by both the Merchants and SpotStamp. Any Merchant or SpotStamp may refuse to offer the Services to anyone at any time, and may withdraw access to the Services from anyone at any time, in the sole discretion of either the Merchant or SpotStamp.
    3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You are not permitted to create an account for anyone other than yourself. You also represent that all information you provide or provided upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
    4. You agree that you will not solicit, collect or use the login credentials of other Users.
    5. You are responsible for keeping your password secret and secure.
  3. The Service
    1. In order to receive information and keep track of your rewards points you should register with each Merchant that interests you which you may do by downloading the SpotStamp App and registering on it. Where indicated on the registration page, you will need to provide certain information, which may include your telephone number, your email address, first and/or last names, postal code and birthdate (“Registration Information”). Using the SpotStamp App, you may sign up to receive special coupons, messages and other information that may include special promotions or offers (“Offers”), which the Merchant may send through the SpotStamp App. If a Merchant operates a rewards program that allows customers to accrue points or credits, you may access your current point total and the terms of Merchant’s rewards program through the SpotStamp App.
    2. SpotStamp does not process payment transactions between Users and Merchants and the contract for the supply of any goods or services provided by a Merchant and/or to honour any rewards is between the User and the applicable Merchant and not with us.
    3. When you register on the SpotStamp App you will be provided with a user name and a password. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
  4. Responsibilities of Merchants
    1. You understand that each Merchant is responsible for the goods and services that it offers, all descriptions thereof (on its site and otherwise), the Offers that it sends from time to time, the terms of its rewards programs (if any) and all descriptions thereof on the SpotStamp App, for honoring the terms of its Offers and its rewards programs (if any), and for making sure that its product and service descriptions, its Offers, its rewards program, the products and services it provides, and its business are all in compliance with applicable law. Each Merchant is responsible for all information and descriptions the Merchant provides to SpotStamp. Each Merchant is also responsible for maintaining any information it collects about you in compliance with the applicable Privacy Policy and for the security of that information. All of the foregoing responsibilities will be referred to as “Merchant Responsibilities.”
  5. Responsibilities of SpotStamp
    1. SpotStamp provides the technology, tools and know-how that enable Merchants to use the SpotStamp App and to track, monitor, assess and adjust their rewards programs. SpotStamp will have access to your Registration Information, your response to Offers, purchases and other habits, and your accrued rewards points with each Merchant with which (or by which) you are registered for the Services. SpotStamp is responsible for maintaining all such information it collects about you in compliance with its Privacy Policy and for the security of that information. All of the foregoing responsibilities will be referred to as “SpotStamp’s Responsibilities.”
  6. The SpotStamp App
    1. The information, content and material available on the SpotStamp App may vary from time to time without notice to you. This is in order to ensure that the SpotStamp App is as up to date as possible.
    2. We aim to have the SpotStamp App available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the SpotStamp App as up to date as possible.
    3. When using the SpotStamp App you shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks; (iii) attempt to gain unauthorised access to the SpotStamp App or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system. You must not create an account through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
    4. You must not interfere with the working of the SpotStamp App nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, SpotStamp App, router or any other internet connected device or service. You must not use the SpotStamp App to gain unauthorised access to any other computer system or website.
    5. The SpotStamp App is intended for your personal use only (which must be reasonable and not offensive, abusive or in breach of any law or order). It is not for commercial use and you are not permitted to access, use or copy any material or information on the SpotStamp App for any commercial or unlawful purpose.
    6. Information may be gathered about your use of the SpotStamp App or requested from you whilst you are using the SpotStamp App. All information is processed in accordance with our Privacy Policy.
    7. On no account may you use the SpotStamp App for spamming or sending abusive or threatening emails to users.
  7. Advertisements
    1. The placement of an advertisement on the SpotStamp App and/or the Website should not be construed or interpreted as an endorsement by SpotStamp of the advertiser’s product or service.
    2. We accept no liability to you for the content of advertisements and any claim or complaint that you may have concerning an advertisement should be addressed to the advertiser directly.
    3. We are not a party to the contract between you and any advertiser and we have no responsibility or liability to you in respect of any goods or services that you may have purchased from an advertiser whether directly or indirectly.
  8. User Information
    1. Where we have requested information from a User to provide our services you agree to provide us with accurate and complete information.
    2. You authorise us to use, store or otherwise process your personal information in order to provide our services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where this is required by law or in order to provide the service to you.
    3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  9. Intellectual Property Rights
    1. Ownership in, and all rights created in relation to the contents of the Service, the Website and the SpotStamp App and any trade marks or marks used on the site vest in SpotStamp absolutely unless otherwise indicated. Ownership in the trade marks, logos and content of advertisements that appear on the SpotStamp are owned or licenced by the advertisers. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from the SpotStamp App or the Website except where expressly invited to do so or indicated on the SpotStamp App. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the SpotStamp App and the Website. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the SpotStamp App or the Website.
  10. Linked Sites
    1. There are a number of links on the SpotStamp App and the Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
  11. Complaints
    1. We take complaints very seriously and aim to respond to your complaints within 5 business days. Any complaints Users may have concerning the SpotStamp App that we provide should be referred to us at [] .Complaints concerning the Service or any rewards or goods or services made available by a Merchant should be addressed to the relevant Merchant.
  12. Limitation of Liability
    1. SpotStamp cannot accept liability for any loss, damage, injury (including personal injury), cost or expense suffered or incurred by you as a result of the goods or services supplied to you by a Merchant.
    2. We disclaim any and all liability to you for the Service or your use of the SpotStamp App to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    3. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the SpotStamp App, the Website, the Service or for any goods or services supplied to you by a Trader.
    4. The SpotStamp App and the Website is provided on an “as is” and “as available” basis. Your use of the SpotStamp App, the Website and the Service is without any warranty or guarantee and is entirely at your own risk. We cannot accept any liability whatsoever for the accuracy or otherwise of any description of goods, services or Merchants listed on the SpotStamp App or any false or misleading statements made by Merchants.
    5. Great care has been taken to ensure that the information available on the SpotStamp App and the Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the SpotStamp App or the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. This does not affect your statutory rights as a consumer.
    6. We accept no liability to you whatsoever for the content of advertisements placed on the SpotStamp App or the Website.
    7. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the SpotStamp App or the Website.
    8. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
  13. General
    1. We reserve the right to modify or terminate the Service or your access to the Service (including the SpotStamp App) for any reason, without notice, at any time, and without liability to you. You can deactivate your SpotStamp account by emailing quoting your username and password. We will send you a unique 10 character code to the phone number stated upon opening an account with us. You will then have to reply back to the email quoting the unique code you received via text message. This will complete our process of deactivating your account. If SpotStamp terminate your access to the Service or you use the form detailed above to deactivate your account, your data will no longer be accessible through your account.
    2. We reserve the right to refuse access to the Service by anyone at any time.
    3. We may alter or vary the Terms of Use at any time. Where there is a change to the Terms of Use we will notify you of the change and your use of the Service after such notification shall be deemed to constitute your acceptance of the revised Terms of Use.
    4. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. If any term or condition of these Terms of Use shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    5. No delay or failure on our part to enforce our rights or remedies under the Terms of Use shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    6. It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.