XPLORE - CUSTOMER TERMS AND CONDITIONS
PLEASE READ THESE LICENCE TERMS CAREFULLY. BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP. WE RECOMMEND YOU KEEP A COPY OF THESE TERMS FOR YOUR RECORDS.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Xplore Local Ltd, of Newark Works, 2 Foundry Way, South Quays, Bath BA2 3DZ license you the right to use the xplore mobile application software (App) and any updates or supplements to it; the related electronic documentation (Documentation) and the service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.
Your profile. It is your responsibility to ensure the profile information you give us, including your name and contact details, are correct. Please let us know if there is any change to this information as soon as possible.
Passwords. You must keep any passwords for the App and/or Services secret. Do not share your password with any other person. Please tell us immediately if there is any unauthorised use of your profile or breach of security as soon as you become aware of it.
Security. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
THIRD PARTY TERMS ALSO APPLY
Apple AppStore. The ways in which you can use the App, Services and Documentation may also be controlled by Apple’s rules and policies.
Google Play. The ways in which you can use the App, Services and Documentation may also be controlled by Google’s rules and policies.
Yapily Ltd. The ways in which you can use the App, Services and Documentation may also be controlled by Yapily’s rules and policies.
By downloading the App you agree to such terms, rules and policies.
SUPPORT FOR THE APP AND HOW TO CONTACT US
If you want to learn more about the App or the Service or have any problems using them, please look at our support resources at www.xplorelocal.com. If you wish to contact us for any reason, please email us at firstname.lastname@example.org.
HOW YOU MAY USE THE APP
Permission. In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto your mobile phone and view, use and display the App and the Service on such devices for your personal purposes only;
use any Documentation to support your permitted use of the App and the Service; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
Age restriction. You must be 18 or over to accept these terms and use the App.
Transfers. We are giving you personally the right to use the App and the Services as set out above. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If someone else owns the device you are using. If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You shall be responsible for all transactions carried out through your login on the App. Please do not share your details with any other person.
You may not create multiple accounts for one person. Accounts should be restricted to one per person.
CHANGES TO THESE TERMS
Our right to change these terms. We may need to change these terms; (a) to reflect changes in law or best practice; (b) to deal with additional features which we introduce; or (c) for any other reason providing that the changes do not adversely affect your rights or use of the App and Services in any material way. We will notify you of a change when you next start the App.
Rejecting changes. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
You agree that you will:
not rent, lease, provide, or otherwise make available, the App or the Services without our prior written consent;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not adapt, alter or modify, the whole or any part of the App, Documentation or Services, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective); and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You must not:
use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and/or
collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
Technical information. By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.
Location data. Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
MONIES AND LOYALTY CASHBACK
Xplore allows you to load a monetary value on to your xplore Account for future purchases at independent businesses that are part of the xplore scheme and that we have a contract with. We do not collect or store any payment details from you. This is carried out by Yapily Ltd. Please see Yapily’s terms and conditions for further details. All user funds are held in an account with OpenPayd, segregated from all xplore’s own funds. Bonus Cashback has no monetary value until it is used to make a purchase in a participating xplore independent business.
The value of your account is subject to the following limits: The maximum value of your account at any one time should not exceed £150 and the maximum amount loaded into your account should not exceed £200 in any consecutive 30 day period. These limits may vary at any time in accordance with the current Anti Money Laundering Regulations. Xplore has the right to request Enhanced Due Diligence checks on any user that reaches the transaction limits as defined by Anti-Money Laundering Regulations. Xplore has the right to freeze an account until these checks have been carried out and the relevant E-money regulations have been satisfied.
Xplore has the right to remove promotional xplore points or monetary values added to an account by xplore if the promotional value has not been redeemed in a participating xplore Business within 12 months of issue. The Loyalty Rewards earned by joining an individual Business Loyalty Scheme expire 12 months after issue if unused or earlier if specified by the individual business on sign up.
Xplore may set a limit on the number of times xplore points may be awarded for promotional items on which additional points are available. Individual promotions may have different limits as communicated in their purchase conditions. Any participation in promotional offers beyond what could objectively be considered consumer behaviour or personal use may be considered as abuse of the scheme.
Xplore is entitled to remove cashback or xplore points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent cashback value.
Cashback awarded at the time of the transaction may be removed or cancelled if Xplore determines that the cashback was collected in breach of these terms and conditions or was awarded in error. For the avoidance of doubt, any advice or actions of our staff that is contrary to these terms and conditions will not have the effect of changing these terms and conditions.
Cashback percentages are calculated on complete pounds (GBP) spent. This means that transaction amounts are rounded down to the nearest whole pound spent and cashback percentage is awarded on this value.
Amounts loaded by yourself onto your xplore account may be redeemed by emailing email@example.com. You may be asked to provide proper documentation as proof of your identity, such as your address, a driver’s licence, passport etc and your bank account details. A refund will be made within 20 business days directly into your bank account. This may vary however, up to a maximum of 30 business days. Bonus Cashback, including that which has been redeemed, has no monetary value except for at the point of purchase in an xplore Merchant. Any refund to a user will be less any unspent bonus Cashback.
OUR RESPONSIBILITIES AND LIABILITIES
Responsibility for sellers. The goods and services you purchase through the App are not provided by us. The sellers are not under our control, and we are not responsible for and have not checked and approved their goods, services or terms of sale (if any). You will need to make your own independent judgement about whether to use any such independent sellers, including whether to buy any products or services offered by them.
Transactions. We shall not be responsible for any goods or services you purchase through the App or the amount of the transaction. Any complaints or queries regarding the transaction (including, but not limited to, the amount you have been charged) must be dealt with directly with the seller.
Accessibility. We cannot guarantee that the App will always be accessible, or that any seller or merchant will accept payment through the App.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it would happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
We reserve the right to correct the balance on your account if we believe that a clerical, billing, or accounting error has occurred. If you have questions regarding your transaction history or any correction, please contact our customer care team at firstname.lastname@example.org We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If you are dissatisfied with our resolution of a dispute, after eight weeks you may refer the issue to the Financial Ombudsman Service. We will have no liability for a billing error unless you provide us notice withing sixty days of the date you became aware of the error. You should monitor your account and transactions closely.
ENDING THIS CONTRACT
Our rights. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a meaningful way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Your rights. You can end your contract with us at any time by notifying us. Any credit available to you (less any rewards, which will not be redeemable for cash or any other benefit) shall be returned to you within 30 to 45 days upon verification of your identity and bank account.
Rewards and services. We can suspend or remove any promotion or rewards scheme at any time.
OTHER IMPORTANT TERMS
Transfer of rights and obligations by us. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Transfer of rights and obligations by you. You may only transfer your rights or your obligations under these terms (including any monies, rewards or benefits you have accrued under the App) to another person if we agree in writing, which shall be at our discretion.
Third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delays. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Applicable laws. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.