VERSION: March 2020
Thank you for your interest in the Retailer Loyalty Program (“Mobile Application”). This Mobile Application is made available to you by Signify Netherlands B.V., a Dutch limited liability company, with its principal office at High Tech Campus 48, 5656 AE Eindhoven, The Netherlands ("Signify").
Applicability:
BY DOWNLOADING THE MOBILE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND AUTHORIZED BY YOUR ORGANIZATION TO USE THE MOBILE APPLICATION; AND (C) ACCEPT AND AGREE THAT YOU AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS OF USE. Please note that your right to use and interact with the Mobile Application is subject to these Terms of Use. IF YOU (AND/OR, YOUR ORGANISATION) DO NOT AGREE WITH THESE TERMS OF USE (OR IF YOU ARE NOT AUTHORIZED BY YOUR ORGANISATION), YOU SHOULD NOT ACCESS OR USE THE MOBILE APPLICATION. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect so long as you continue to use or access the Mobile Application, or until terminated earlier in accordance with the provisions of these Terms of Use. Any use or access to the Mobile Application by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. These Terms of Use only governs the use of the Mobile Application and in no way affects or overrides any other contract that your organization has with Signify or its affiliates with regards to products or services. In these Terms of Use, unless the context otherwise requires, all further references to you (and your, etc.) means both you as an individual user and also the organization on whose behalf you are acting.
Scope of the Mobile Application: a pointing system for Retailers Tier 2 for redeeming their points with gifts . (“Scope”).
Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in the Mobile Application carefully.
Access and registration: Accessing and using the Mobile Application requires you to register as a user. When you apply for a user account, you need to provide your valid, current and verifiable email address, which will become your user name. You must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be asked to choose another one. After verification of access permissions, you will receive an automated email with your username and password. You have the possibility to change the password via reset password tab in the Mobile Application and instructions for doing so can be foundin the Mobile Application. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated.
You are responsible for maintaining the confidentiality of your user account, user name and password. The user account, user name and password are strictly for you and you are not allowed to share the foregoing with anyone else or any third party. You are also solely responsible for restricting access to your computer(s) or mobile device(s) with which you access the Mobile Application. You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. Signify may, at our own discretion, bar registration from any specific e-mail service or internet Service provider (ISP). Signify reserves the right to change your user name or delete your submitted content to the Mobile Application or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper.
Third Party Services and Open Source Software: When you use the Mobile Application you may (as a result of, or through your use of the Mobile Application) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms of Use do not affect your legal relationship with these other companies or individuals. If the Mobile Application contains third party software component or an open source software component, then the use of such software or component shall be subject to the terms of use of such third-party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the Mobile Application in any manner that would subject the Mobile Application to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.
Amendments: These Terms of Use may be amended by Signify at any time. By continuing to access or use the Mobile Application after such amendments (which will be made available to you either directly in the Mobile Application or via a link), you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.
License: Subject to and conditioned upon your strict compliance with all terms and conditions set forth herein, Signify grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license solely to access the Mobile Application, to download and use the Mobile Application’s software and service within the Scope, and to access the content made available by the Mobile Application (“Content”) according to these Terms of Use.
Restrictions: You agree to (a) not use the Mobile Application in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the Mobile Application only as intended by Signify; (c) not use the Mobile Application in any manner that could harm Signify, its service providers, or any other person; (d) not copy, store, republish, reproduce, distribute, rent, lease, sell, sublicense, display, post or transmit any part of the Mobile Application to any other party, or modify, translate or adapt the Mobile Application or merge the Mobile Application into another program or create derivative works based upon the Mobile Application; (e) not perform an action with the intent of introducing to the Mobile Application viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the Mobile Application or other end users’ devices; (f) not circumvent or attempt to tamper with the security settings of the Mobile Application; (g) not reverse engineer, decompile, or disassemble the Mobile Application, except to the extent that applicable law expressly prohibits the foregoing restriction; (h) comply with any other reasonable requirements or restrictions requested or imposed by Signify; (i) not publish and/or post any abusive, obscene or inappropriate content on the Mobile Application; (j) not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Application, including any copy thereof; and (k) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the Mobile Application.
Upgrades, updates: Signify may, at its sole option, make upgrades, updates or changes to the Mobile Application, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade, update or change is accompanied by a separate license in which case the terms of that license will govern such upgrades, updates and changes. If you do not want such updates, upgrades or changes, your sole remedy is to cease using the Mobile Application altogether. Your continued use of the Mobile Application implies deemed acceptance of such updates and upgrades by you.
Support: For any questions and support with regards to the Mobile Application, please contact your local Signify organization which can be found at +20 109 001 4001.
Confidentiality: The Mobile Application, including any information and materials or content on or in the Mobile Application (“Information”) are all confidential information of Signify. You shall not discuss, exchange, share, disclose and/or otherwise make the Information available with and/or to a third party other than Signify and/or its affiliates without Signify’s prior written approval. You shall not use the Information for any purpose and/or use other than as herewith licensed by Signify to you under these Terms of Use.
User content: If you create or upload content on the Mobile Application (“User Content”), you can decide what you will publicly share on the Mobile Application and we want you and others to enjoy the Mobile Application.
User Content is provided by users, not by Signify. Signify does not endorse opinions, recommendations, or advice expressed therein. As this is a publicly available Mobile Application, sharing User Content means that it becomes public. Also, when you share User Content, Signify shall be entitled to use it for its own purposes as well, including without limitation for commercial purposes without any obligation towards you.
Disclaimer of Warranties: THE MOBILE APPLICATION, THE CONTENT AND THE USER CONTENT (INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE MOBILE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. SIGNIFY AND ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF ANY MOBILE SITE AND THE MOBILE APPLICATION, THE CONTENT OR USER CONTENT. NEITHER SIGNIFY NOR ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APPLICATION (INCLUDING ANY INFORMATION AND MATERIALS, TOOLS OR CONTENT ON OR IN THE MOBILE APPLICATION) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL SIGNIFY, OR ITS AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHORS OR CONTRIBUTORS TO THE MOBILE APPLICATION OR THE CONTENT, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF USER CONTENT) HOWEVER CAUSED AND WHETHER OR NOT BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE MOBILE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SIGNIFY’S NOR ITS AFFILIATES, OWNERS OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE MOBILE APPLICATION OR CONTENT OR OTHERWISE EXCEED AN AMOUNT OF €50 (FIFTY EUROS).
Your Indemnity: You agree to indemnify, defend and hold harmless Signify, its affiliates, licensors, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any actual or threatened loss, damage, liabilities, deficiencies, claims, actions, judgments, settlements, awards, penalties, fines, costs and/or expenses of whatever kind (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the Mobile Application or any violation of these Terms of Use by you or a third party or person acting on your behalf.
Ownership: Copyrights and all other intellectual property rights in the Mobile Application and the Content provided by Signify, its affiliates, licensors, and/or partners, the compilation of data on the Mobile Application, and the order, sequence and arrangement of the Mobile Application, are solely owned by Signify Holding B.V. and / or its affiliates, partners or licensors. All rights are reserved. You may not use the Content and the Mobile Application other than expressly permitted in these Terms of Use. Except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Signify intellectual property.
Usage Data: You acknowledge and agree that Signify and its affiliated companies (or their respective subcontractors) may collect information and data generated from your use of the Mobile Application (“Usage Data”). Signify is entitled to use the Usage Data, free of charge, at any time for the duration of your use of the Mobile Application and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to, to aggregate or compile Usage Data with other data, create intellectual property rights or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and to develop new products or features or services. Signify shall ensure that the use of Usage Data will exclude any personal data and any data that would enable your identification.
Feedback: Signify will be free to use in any way or from any ideas, suggestions, feedback or recommendations provided by you to Signify regarding the Mobile Application ("Feedback"), without payment of royalties or other consideration to you. Feedback will be considered confidential information of Signify. You acknowledge and agree that Signify will own all rights in Feedback including without limitation intellectual property rights and will be free to use such Feedback for any purpose whatsoever in its sole discretion without any further obligation or liability to you or any third party. If required, you will cooperate and assign all rights and title in the Feedback to Signify irrevocably and free of charge.
Termination: All rights granted to you under these Terms of Use shall terminate (i) at the discretion of Signify, due to your failure to comply with any provision of these Terms of Use or applicable law; or (ii) if termination is arranged in any other contract your organization has with Signify and your use rights has been terminated under such contract; or (iii) upon destruction of your installed copy of the Mobile Application. Upon termination of such rights you shall not access or use the Mobile Application in any manner. Signify’s rights and your obligations shall survive the termination of your rights.
Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of laws principles. Neither the United Nations Convention on Contracts for the International Sale of Goods, or any other laws that direct the application of the laws of any other jurisdiction, shall apply to these Terms of Use and are expressly disclaimed. Any litigation arising from or relating to these Terms of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, the Netherlands, however, Signify may enforce any of its or its affiliates’ rights and your obligations under these Terms of Use and any of its or their intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and accept the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.
Miscellaneous:
You acknowledge and agree that certain technologies and related transactions of Signify may be subject to export control laws and regulations that prohibit export or diversion of certain technology to certain countries, such as (but not limited to) UN, EU and US export control laws and regulations. You shall comply in all respects with all applicable export controls regulations and, if applicable, all export, re-export and transfer restrictions set forth in export licenses (if any) for any technology, documentation and the Mobile Application provided to you. Signify will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside Signify’s reasonable control. Failure by Signify to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision. If any provisions of these Terms of Use are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect. You may not transfer or assign any or all of your rights or obligations under these Terms of Use. All notices given by you to Signify must be given in writing to the address set out in the Mobile Application.