TERMS AND CONDITIONS
Acceptance of the Terms and Conditions
Qinnovation FZ-LLC, is a free zone limited liability company under the laws of Dubai Development Authority, the Emirate of Dubai and the applicable federal laws of the UAE, with its registered address Building 16, 1st floor, Dubai Internet City, Dubai, UAE (hereinafter referred to as “Qinnovation”, “we, “us”).
Qinnovation owns the entire Lovelty platform which include: Lovelty User mobile applications available for iOS and Android operating systems, Lovelty Merchant mobile applications available for iOS and Android operating systems, Lovelty Merchant portal, the website www.lovelty.ae, and other related services. All previously mentioned Lovelty parts are hereinafter referred to as the (“Lovelty”, “platform”, “the platform”).
Lovelty offers a consumer engagement platform that connects brands to users of the Lovelty App. Brands are merchants running businesses in the market and want to use Lovelty platform to offer loyalty services to their own customers which are the users of Lovelty apps. Users can use the Platform when making purchases at Brands/Merchants and obtain rewards by the merchants which can later be redeemed at the merchants for goods or services.
The Brand and Qinnovation are collectively referred to as the "Parties". These Terms and Conditions, including without limitation any other contracts, agreements or terms and conditions mentioned in these Terms and Conditions make up the entire agreement between the Parties.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM
Eligibility for Platform Registration and Account Security
All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time.
Access to the Platform
We may operate the Platform and provide the Loyalty Platform in any way it, in our sole discretion, deems necessary or appropriate. You logging in to Lovelty, you agree and undertakes to comply with all reasonable instructions of Lovelty as set out in these Terms and Conditions or as advised from time to time.
Accessing and Changes to the Platform
Qinnovation reserves the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to brands or registered users.
Monitoring and Enforcement
You acknowledge that the Platform may include, refer to, or contain content, features, products or services which make reference to alcohol, cigarettes or any other prohibited products in your country. Such parts of the Platform are intended only for the use of users in legal age to purchase these products in the country of residence and in the country from which you are accessing the Platform. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you are therefore not permitted to access these parts of the Platform. You expressly acknowledge and agree that any breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will Qinnovation or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.
You understand and agree that it’s your solely responsible for obtaining any required permissions or approvals on your offers, promotion or any other content inside Lovelty platform and that Qinnovation expressly disclaims any and all liability in connection with all the above.
Subscription Fees and Terms
In consideration for providing the brand access to the Platform and for providing the Lovelty’s loyalty Solutions, the Brand maybe liable to pay an annual subscription fee, which is subject to change anytime by us. We amend the Lovelty Service Fee at the renewal of the Term by giving the Brand, thirty (30) calendar days written notice before the end of the Term. When annual subscription fees are applicable, we may terminate the brand access to the platform if such payment is not made in full by the due date.
If Qinnovation suspends or terminates your access to the Lovelty Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to refund of any unused portion of such fees or other payments.
These Terms and Conditions shall come into effect on the date the Brand creates its account and all Terms and Conditions shall continue for twelve (12) months unless terminated earlier in accordance with these Terms and Conditions (the “Term”).
The Term shall automatically renew for an additional twelve (12) month period unless the Brand gives Qinnovation written notice, no less than thirty (30) days prior to the end of the Term, of its intention to terminate.
Qinnovation may terminate the contractual relationship with the Brand with immediate effect in case of i) insolvency; ii) material breach of these Terms and Conditions, or iii) a breach of a provision of these Terms and Conditions which remains unrectified for a period of fourteen (14) days or twenty (20) non-consecutive days in a three (3) month period after the date mentioned on the written notice.
Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Qinnovation does not control. You acknowledge that different terms of conditions and privacy policies may apply to your use of such third party services and content. Qinnovation does not endorse such third party services and content and in no event shall Qinnovation be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS or Android mobile devices. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Limitation of Liability
IN NO EVENT WILL QINNOVATION, ITS AFFILIATES OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE APP, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THAT LOVELTY IS A PLATFORM THAT CONNECTS THE USRES TO A BRAND AND THAT WE HAVE NO CONTROL OR LIABILITY WHATSOEVER ARISING OUT OF THE ACTIONS OF THE BRAND OR THE USERS.
YOU AGREE AND UNDERTAKES TO HOLD QINNOVATION COMPLETELY HARMLESS AND TO FULLY INDEMNIFY QINNOVATION FOR ANY DISPUTE IT MAY HAVE WITH YOUR CUSTOMERS.
Intellectual Property Rights
Qinnovation respects the intellectual property of others, and requires that our users do the same. All intellectual property rights, including without limitation the trademarks, design rights, copy rights, graphics, pictures, layout, program and software of the Platform are the property of Qinnovation. The Brand agrees not to, in any way, copy, modify, break or in other ways exploit them or copy them to their own purposes without the prior written approval and license given to the Brand. Any supplemental license agreement shall be at the cost to the Brand.
The Brand grants Qinnovation a royalty free, non-exclusive, revocable license, to use any and all of its intellectual property rights, including without limitation all trademarks, copyrights, design rights, owned or used by the Brand to operate the platform.
Qinnovation owns the copyright and database rights to any and all data that is collected by either Lovelty through the use of the Platform including without limitation all user related data whatsoever.
Changes to the Terms & Conditions
Qinnovation may revise and update these Terms & Conditions from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.
You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you. Your continued use of the Platform following the posting of revised Terms & Conditions means that you accept and agree to the changes.
If any provision of these Terms and Conditions are or will become invalid, the validity of the remaining provisions in these Terms and Conditions remain unaffected. The invalid provision shall then be replaced by a provision that comes closest to the purpose of the Parties. The same applies if these Terms and Conditions include gaps. Qinnovation may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions. The Brand shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms and Conditions.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute any Party the agent of another Party, or authorize any Party to make or enter into any commitments for or on behalf of any other Party. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
Governing Law & Dispute Resolution
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
More information or questions
Please contact us at: firstname.lastname@example.org , Subject: Question Regarding Terms & Conditions with any question regarding this Agreement