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Business T&Cs

Interpretation

In these Conditions:

  • “App” means the mobile application made available by Squid Rewards to Users to implement the Retailer’s digital loyalty programme.
  • Activation Date” means the date from which the Services shall be provided as set out on the Sign-Up Flow.
  • “Active User” means a User who collects at least one loyalty stamp or loyalty point in a given month using the Tag at its assigned Location.
  • “Business Portal” means the web application made available to Retailers which enables a Retailer to, among other things, access its loyalty scheme data and manage its account, billing, and its use of the Services.
  • “Conditions” means Squid Rewards’ terms and conditions as set out in this document and that apply to the Retailer. 
  • “Data Protection Law” means all applicable data protection law, including: (i) the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); and (ii) the Data Protection Act 2018. The terms ‘personal data’, ‘controller’, and ‘processing’ shall have the meanings given to them under the GDPR.
  • “Discovery Map” means the map of Retailers live on the Squid Rewards platform that is available to all Users on the App.
  • “Free Trial Period” shall be a period of one calendar month from the Activation Date.
  • “Intellectual Property” means all intellectual and industrial property rights including without limitation, logos, brand names, images, designs, photographs, video clips, other materials that appear as part of a website, copyright, database rights, and rights in computer software, domain names, business names, trademarks, service marks, trade dress, rights in get-up and goodwill, the right to sue for passing off and any other intellectual property rights whether registered or unregistered and existing now or in the future.
  • “Location(s)” means the retail location or locations that you nominate as part of the Sign Up Flow, via a process made available to you via the Business Portal, or via interactions with our customer support team.
  • “Location Payment Day” means the day of the month from which the Services are provided for a particular Location, which then becomes the day on which payments for that Location are due.
  • “Loyalty Programme Details” means the details of the loyalty programme that the Retailer defines using the Business Portal, including eligibility for loyalty stamps, loyalty points and/or relevant rewards.
  • “Pricing Tier” means the tiers of charges that are payable on a Location by Location basis on the basis of the Active Users in the previous month at that Location, the details of which are set out on the Business Portal.
  • “Referral Scheme” means the scheme a Retailer can sign up to in order to earn a reward for referring another business to Squid Rewards.
  • “Retailer” means the retailer identified on the Sign-Up Flow.
  • “Retailer Content” means any content, including images, graphics, text, data, visual material, wallpapers, videos, pop-up advertisements, banner advertisements, flash advertisements, panel format advertisements, interstitials advertisements, the Retailer’s Intellectual Property, and branding, provided to Squid Rewards by the Retailer for display on the App.
  • “Services” means the services provided by Squid Rewards to the Retailer in accordance with these Conditions and as set out on the Sign-Up Flow.
  • Sign-Up Flow” means the form on the Business Portal which describes, among other things, details of the Services.
  • “Subscription” means your subscription to use the Services in accordance with these Conditions.
  • “Tag” means a tag device provided by Squid Rewards to the Retailer which Users may tap in order to (i) add stamps to the Retailer’s digital loyalty card provided on the App, or (ii) set up the collection of loyalty points in connection with the Retailer’s loyalty programme.
  • “User” means a user who browses or otherwise uses the App.
  • “User Wallet” means the tab on the App where all a User’s loyalty cards are hosted.

Introduction

These Conditions are the terms and conditions upon which Squid Rewards provides the Services to Retailers. By signing the Sign-Up Flow, the Retailer agrees to these Conditions.

Information about us

Squid Rewards Limited (company no: 644810) is a private limited company, registered in Ireland (referred to as “Squid Rewards”, “Squid Loyalty”, “Squid”, “we”, “us” and “our”). If you wish to contact us, please email support@squidloyalty.ie.

Retailer account

In order to receive Services, the Retailer is required to register for an account and provide certain information about its business in the Sign-Up Flow. By applying to register for an account, the Retailer represents and warrants that all information it provides, now or in the future, is accurate and that it will maintain the accuracy of such information. Retailers are obliged to contact support@squidloyalty.ie promptly if any relevant information changes (e.g. point of contact, Location(s), payment details). Squid Rewards reserves the right to refuse registration of an account for any reason.

Squid Rewards’ role and responsibilities

The Services give the Retailer the ability to offer its loyalty programme and other services digitally to Users through the App. The Retailer acknowledges and confirms that: 

  1. it has all necessary rights and authorisations to offer the loyalty programmes and any other services displayed on the App, on the terms and conditions advertised and that it does not offer such on behalf of an undisclosed third party; 
  2. the User’s contract in connection with any loyalty programme or other services shall be with the Retailer, and not Squid Rewards. Squid Rewards shall have no obligation to fulfil any such contract on the Retailer’s behalf or in its place and in no event will it be liable to any User or any third party; and 
  3. these Conditions govern its contractual relationship with Squid Rewards and Squid Rewards shall not be bound by any other terms which the Retailer may purport to apply.

1. Licence and indemnity

  • Subject to these Conditions, Squid Rewards grants to the Retailer a limited, revocable, non-exclusive, and non-transferable licence to receive the Services solely for its internal business purposes. The Retailer shall ensure that its use of the Services and any activities conducted in connection with such comply with applicable laws and these Conditions.
  • The Retailer shall indemnify Squid Rewards from and against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) arising out of or in connection with a claim made by a third party, including but not limited to Users, in relation to the Retailer’s use of the Services and any activities conducted in connection with such use of the Services.

2. Tags

  • The Retailer agrees that any Tag which is provided to it by Squid Rewards (or on its behalf) is the property of Squid Rewards and that it shall only use such Tag in accordance with these Conditions.
  • Each Tag is provided for use by the Retailer at a specific Location, Squid Rewards grants the Retailer the right to use the Tag in the relevant Location. This right shall, unless otherwise terminated on notice to the Retailer for any reason, continue until the termination of these Conditions.
  • The Retailer shall keep the Tag(s) at the relevant Location(s), treat them with the necessary care and not make them available to others except as permitted by these Conditions. The Retailer agrees that any unauthorized gain by a User (e.g. loyalty stamps not earned) or other loss incurred by the Retailer and/or User arising from a Tag being abused, replicated, lost, stolen, or changed in an unauthorized manner or destroyed is not the responsibility of Squid Rewards and shall not be recoverable by the Retailer and/or User against Squid Rewards.
  • Any lost tag should be reported immediately to support@squidloyalty.ie or shut down by the Retailer via the Business Portal. Please be aware that if you do not shut down a lost tag via the Business Portal, our email services are attended to during standard business hours on weekdays and so requests made on a weekend won’t be responded to until the following business day.
  • Whilst Squid Rewards has taken all reasonable measures to ensure that where a device taps a Tag at a Location that a stamp for the Retailer shall be added to the User’s digital loyalty card, or loyalty points will be calculated where the Retailer has opted to use loyalty points, the nature of communication via the internet and other electronic means is such that Squid Rewards cannot guarantee this. The Retailer accepts that Squid Rewards shall have no liability to it, any Users, or others in the event that stamps are not added to the relevant loyalty card or if a User otherwise claims that stamps or rewards have been lost or not added. In limited circumstances, Squid Rewards may add stamps or loyalty points at the request of a Retailer on behalf of a User
  • If the Retailer requests, Squid Rewards may in its sole discretion replace or repair a Tag and a fee may be payable for this.

3. Intellectual Property

  • All proprietary rights (including Intellectual Property) in the Services, including the App and Tags, including the design of such and any information and content contained therein, are the valuable and exclusive property of Squid Rewards (or its licensors, where applicable), and nothing in these Conditions shall be construed as transferring or assigning any such ownership rights or any other interest in such rights to the Retailer or any other person or entity, except where otherwise stated.
  • Subject to the clause below, Squid Rewards grants to the Retailer a limited, non-exclusive, non-transferable, and revocable licence to use its name and logo in the Retailer’s advertising materials directly related to its loyalty programmes and other services offered on the App. This licence shall, unless otherwise terminated on notice to the Retailer for any reason, continue until the termination of these Conditions.
  • The Retailer agrees that it shall: a. use Squid Rewards’ name and logo strictly in accordance with any guidelines or other instructions made known to it by Squid Rewards; b. not perform any act which will or is reasonably likely to weaken, damage, or be detrimental to the distinctive character of Squid Rewards’ branding (and any Intellectual Property therein) or the reputation or goodwill attaching to the Squid Rewards branding or which may invalidate or jeopardise the registration of any Intellectual Property in such branding; and c. not mislead Users or others into believing that Squid Rewards is not independent of the Retailer.

4. Retailer Content

  • As a Retailer, you must provide Retailer Content to Squid Rewards to be used in connection with the Services. The Retailer grants Squid Rewards a non-exclusive, irrevocable, and sub-licensable licence to publish, use, and display the Retailer Content as required in order to provide the Services. The Retailer agrees it shall be solely responsible for any Retailer Content and the Retailer Content shall: a. comply with all applicable laws and advertising standards, including those issued by the Advertising Standards Authority of Ireland; and b. be in a format reasonably specified by Squid Rewards and of sufficient quality to be used on the App.
  • Squid Rewards reserves the right, in its sole discretion, to temporarily suspend, permanently remove, amend or require amendments to be made to the Retailer Content, including: a. where it reasonably determines or suspects that the Retailer Content (or the making available of such) breaches any rights, laws, or codes of practice or may create liability for Squid Rewards or otherwise adversely affect the business or reputation of Squid Rewards;  b. it receives a complaint in relation to the Retailer Content; or c. to comply with Squid Rewards’ formatting and other requirements. Squid Rewards reserves the right to refuse a Retailer’s Retailer Content for any reason.
  • The Retailer shall indemnify Squid Rewards from and against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) arising out of or in connection with any claim that the display or use of the Retailer Content on the App infringes any third party’s rights (including Intellectual Property).

5. User Content

  • If a User claims they have missed or lost stamps/rewards in their User Wallet, we will only issue them on the request of the Retailer. Squid Rewards will not compensate any User or Retailer for any financial loss under any circumstance.
  • Any issues with Users should be communicated through emailing support@squidloyalty.ie
  • While we do supply Retailers with certain types of aggregated User data, we will not provide contact details for specific Users under any circumstances.

6. Market Insights Data

  • To the extent that Squid Rewards provides the Retailer with market insights (including in relation to its loyalty scheme), the Retailer acknowledges that this information is based on data supplied by the Retailer, its Users and other sources and we cannot guarantee the accuracy or completeness of such. Squid Rewards shall have no liability for any losses incurred by the Retailer or any other third party with respect to its reliance or use of such data whether or not such losses arise from any errors, inaccuracies, or incompleteness in such data.

7. Data Privacy and Security

For the purposes of these Conditions, it is acknowledged by Squid Rewards and the Retailer that they act as separate and independent controllers in relation to any personal data they process in connection with the Services.  Each party agrees to comply with their obligations under relevant Data Protection Law in relation to the processing of personal data in connection with the Services.

The Retailer shall inform Squid Rewards of any relevant personal data breaches (as such term is defined in Data Protection Law) which have taken place within its organisation to the extent that such personal data breaches may be relevant to the supply of the Services. 

The Retailer shall provide Squid Rewards with all co-operation and information reasonably requested by Squid Rewards in relation to the processing of personal data in connection with these Conditions.

8. Term of Subscription

Free Trial Period

  • If the Retailer is not an existing user of the Services, the Retailer shall be permitted to use the Services without charge during the Free Trial Period.
  • If the Retailer decides that it does not want to subscribe to the Services after the expiry of the Free Trial Period, it shall cancel at any time during the Free Trial Period via the Business Portal. Termination shall take effect on the expiry of the Free Trial Period

Subscription Term 

  • These Conditions shall become effective on the Activation Date and shall continue for the duration of the Free Trial Period (where relevant) and thereafter shall renew on a monthly basis until a. the Retailer cancels its Subscription on the Business Portal (in which case the Termination by Retailer provisions below will apply); or b. the Subscription Term is otherwise terminated in accordance with these Conditions.

Termination and Suspension by Squid Rewards

Squid Rewards reserves the right, in its sole discretion and for any reason, to suspend or terminate the Retailer’s account and access to the Services with or without notice to the Retailer. Without prejudice to the foregoing, the following may lead to suspension or termination of the Retailer’s account: a. a material or persistent breach of these Conditions; b. any suspected or actual improper use of the App, including offering prohibited promotions or services; c. a request from law enforcement authorities; d. where a number of complaints are made against the Retailer; e. where the Retailer’s actions bring Squid Rewards into disrepute, conflict, or might otherwise damage its reputation; f. extended periods of inactivity; and g. a written request from the Retailer to suspend or terminate its account.

Termination by Retailer

If a Retailer chooses to terminate its Subscription, the termination will have effect on a Location by Location basis, with effect from the next Location Payment Day for each Location.  The Retailers Location(s) will be accessible on the Discovery Map until the next Location Payment Day for each relevant Location. The Retailer will have access to the Business Portal until the last Location Payment Day associated with the Subscription.

9. Loyalty Programme Details

The Retailer is responsible for setting the Loyalty Programme Details using the Business Portal.  Squid Rewards will not review the Loyalty Programme Details for errors, and will not be responsible for any errors that you introduce when setting the Loyalty Programme Details.

The Service allows you to operate a loyalty programme that awards points based on the amount spent by a User in a particular transaction.  If you would like to implement a points based system, you will need to consent to an integration between your point of sale provider (“POS Provider”) and Squid Rewards.  The Business Portal sets out details of the POS Providers that Squid Rewards currently supports, [and the transaction details that we will receive from your POS Provider if you enable an integration].

Please note that Squid Rewards is not responsible for any erroneous information provided by your POS Provider.  In addition, as Squid Rewards relies on the POS Provider to provide us with the information necessary to calculate loyalty points, we are not responsible if the POS Provider’s systems are not operational or functioning correctly, or if the POS Provider terminates our access to the systems necessary to calculate loyalty points.

10. Charges

The fees chargeable for a Retailer’s use of the Services are paid monthly in advance and are payable per Location and determined by the applicable Pricing Tier for each Location.  The Pricing Tier is calculated by reference to the number of Active Users for the Retailer’s loyalty programme in the previous month at the Location associated with each Tag, as determined by Squid Rewards’ systems.  Payment is due by the Retailer on the Location Payment Day associated with each Location.

Squid Rewards may amend the details of Pricing Tiers, including the number of Active Users that are included in a Pricing Tier and the charges applicable to a Pricing Tier, on 30 days’ notice to the Retailer.  If you do not agree to the changes to the Pricing Tier, you may terminate your Subscription in accordance with Clause 8 above.

As part of the Sign-Up Flow, Squid Rewards requires that the Retailer register its payment details for one of the accepted payment methods, which are out as part of the Sign-Up Flow. Squid Rewards shall process payment for the Services using the payment details registered while the Retailer continues to subscribe to the Services. 

If Squid Rewards fails to receive any amount by its applicable due date (e.g. payment is refused), Squid Rewards will ask the Retailer to register another card or provide us with alternative payment details. If the Retailer fails to provide this to us within twenty one (21) days, without prejudice to any other rights or remedies available, Squid Rewards shall be entitled (but not obliged) to: (a) suspend the Retailer’s access to the Services with immediate effect and remove the Retailer’s Locations from the Discovery Map; and (b) charge the Retailer interest on the overdue amount, from the due date up to the date of payment, at the rate of eight per cent (8%) per annum of the overdue amount.

The Retailer acknowledges that it shall be responsible for the payment of any taxes due under these Conditions for which it may be subject to under applicable laws.

11. Service Features

General

Squid Rewards reserves the right, in its sole discretion, to add, amend or discontinue certain features for any reason. Squid Rewards will provide the Retailer with at least 30 days’ notice of the discontinuation of a feature, or where in Squid Rewards’ opinion an amendment to a feature will result in a material degradation to the quality of the Services. 

Voucher Marketplace

Details of the Voucher Marketplace conditions can be found by emailing support@squidloyalty.ie. Squid Rewards reserves the right, in its sole discretion, to remove any deals or vouchers for any reason at any time.

Pausing Subscriptions

The Retailer is permitted to pause its Subscription to Squid Rewards by emailing support@squidloyalty.ie. If a Retailer wishes to pause its Subscription, it shall pay a €1 per month fee to maintain its data. During this period, the Tag(s) will not function but the Retailer will be able to see its historical data.

12. Payment/Disputes Process

Any payment disputes or refund requests will be handled through a transparent and collaborative process aimed at achieving an equitable resolution between the parties involved. 

Grace period for refunds: Retailers who notify of a mistaken payment within 2 business days of the payment going through, will receive a refund for the billed payment within 14 days of notification. 

Refunds and concerns about payment can be addressed through emailing support@squidloyalty.ie

Any requests for refunds made after this grace period will not be honoured.

13. Liability and Disclaimer of Warranties

Direct Damages

Nothing in these Condition excludes or limits Squid Rewards’ liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation. Squid Rewards’ liability for any claim arising from these Conditions or your use of the Services, whether in contract, tort (including negligence), or otherwise, for any loss or damage arising out of or in connection with these Condition or the Retailer’s use of the Services shall in no case exceed the total sums paid by the Retailer to Squid Rewards under these Conditions in the previous 12 months. 

Indirect and Consequential Damages

Squid rewards shall not in any event be liable for (a) any indirect, incidental, special, or consequential damages including damages or costs incurred; (b) loss of profits, revenue, goodwill, reputation, or business opportunities; (c) any losses incurred due to delay, service interruptions, the conduct of third parties including unauthorised access or the conduct of other Retailers); or (d) reliance on information or Services provided by Squid Rewards.

Disclaimer of Warranties 

The Retailer acknowledges and agrees that the Services are provided on an ‘as is’ and ‘as available’ basis, with no warranties (whether implied by statute, common law or otherwise) or guarantees of any kind and that, without prejudice to the generality of the foregoing, Squid Rewards makes no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Services.

Third-Party Claims

Squid Rewards holds no responsibility for third-party claims, including those by Users or other parties, arising from the Retailer’s use of or reliance on the Services. Squid Rewards shall not be liable for any disputes, misunderstandings, or claims between the Retailer and Users.

14. General

  • Squid Rewards may refer to the Retailer and the nature of the Services provided to it in its business development, investment, and marketing materials, including using the Retailer’s name and logo in such materials.
  • Retailers can opt to become a part of the Referral Scheme, with further details available at https://www.squidloyalty.ie/referral-terms
  • Nothing in these Conditions is intended to or shall operate to create a partnership or joint venture between the parties, or authorize either party to act as an agent for the other.
  • The Retailer may not assign, sub-contract, or deal in any other manner with all or any of its rights or obligations hereunder without Squid Rewards’ prior written consent. Squid Rewards may assign and sub-contract its rights and obligations under these Conditions.
  • Squid Rewards may vary these Conditions from time to time. All Retailers will be notified by the email they used in the Sign-Up Flow about changes to the Conditions.
  • No waiver by Squid Rewards of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any provision of these Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
  • These Conditions shall be governed by the laws of Ireland and shall be subject to the exclusive jurisdiction of the courts of Ireland.
  • Any queries should be sent to support@squidloyalty.ie.