Loialcard Terms, Conditions and
Notices
!
USE OF THE SERVICES
ADDITIONAL PRODUCTS
PROHIBITED ACTIVITIES
PRIVACY POLICY AND DISCLOSURES
REVIEWS, COMMENTS AND USE OF OTHER
INTERACTIVE AREAS; LICENSE GRANT
Restricting Loialcard´s License Rights
CHARGING or engaging WITH THIRD-PARTY
SUPPLIERS THROUGH Loialcard
Use of Loialcard Selling, charging Services
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!Third-Party Suppliers
!
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LIABILITY DISCLAIMER
!INDEMNIFICATION
LINKS TO THIRD-PARTY SITES
SOFTWARE AS PART OF SERVICES; ADDITIONAL
MOBILE LICENSES
COPYRIGHT AND TRADEMARK NOTICES
Notice and Take-Down Policy for Illegal Content
MODIFICATIONS TO THE SERVICES; TERMINATION
JURISDICTION AND GOVERNING LAW
CURRENCY CONVERTER
GENERAL PROVISIONS
SERVICE HELP
!
Welcome to the Loialcard websites and mobile properties
located at www.loialcard.com and applicable country top
level domains (including sub-domains associated with
them), related software applications (sometimes referred to
as !apps”), data, SMS, APIs, email, chat and telephone
correspondence, buttons, widgets and ads (collectively, all
of these items shall be referred to herein as the !Services”;
more generally, the Loialcard websites and mobile
properties shall hereinafter be referred to herein as
!websites”). The Services are offered to you conditioned
upon your acceptance of the terms, conditions, and notices
set forth below (collectively, this !Agreement”). By
accessing or using the Services, you agree to be bound by
this Agreement and represent that you have read and
understood its terms. Please read this Agreement carefully,
as it contains information concerning your legal rights and
limitations on these rights, as well as a section regarding
applicable law and jurisdiction of disputes. If you do not
accept all of these terms and conditions, you are not
authorized to use the Services. If you have a Loialcard
account and wish to terminate this Agreement, you can do
so at any time by closing your account and no longer
accessing or using the Services (a description of how to do
so is available here).
Any information, text, links, graphics, photos, audio, videos,
data, code or other materials or arrangements of materials
that you can view on, access or otherwise interact with
through the Services shall be referred to as !Content”. The
terms !we”, !us”, !our” and !Loialcard” refer to Unlimted
Loyalty AB, a Swedish limited liability company located in
Sweden (!Loialcard”). !Services” as defined above refers to
those provided by Loialcard or our corporate affiliates
(Loialcard and such entities, when one or more are referred
to, shall be collectively defined as the !Loialcard
Companies”). For the avoidance of doubt, the websites are
all owned and controlled by Unlimited Loyalty AB.!
However, some specific Services made available via the
websites may be owned and controlled by Loialcard"s
corporate affiliates, for example Services facilitating
Experiences with third-party suppliers (see below).!As
part of our Services, we may send you notifications about
special offers, products, or additional services available
from us, our affiliates, or our partners, that may be of
interest to you. Such notifications will typically be sent
through newsletters and marketing communications and
represent efforts to get to know you and your preferences
better across our Services and those of our affiliates. In
turn, this enables customisation of the services in line with
those preferences.
The term !you” refers to the individual, company, business
organization, or other legal entity using the Services and/or
contributing Content to them. The Content that you
contribute, submit, transmit and/or post to or through the
Services shall be referred to variously as !your Content”,
!Content of yours”, and/or !Content you submit.”
The Services are provided solely to:
Assist customers in handling their member, loyalty,
tickets or invitations for their group of members or
customers.
Assist in engaging with customers and potential
customers, by way of free and/or paid-for services
offered by or through the Loialcard Companies.
We may change or otherwise modify this Agreement in the
future in accordance with the terms and conditions herein,
and you understand and agree that your continued access
or use of the Services after such change signifies your
acceptance of the updated or modified Agreement. We will
note the date that revisions were last made to this
Agreement at the bottom of this Agreement, and any
revisions will take effect upon posting. We will notify
registered users of our Services (such registered users to
be referred to as !Account Holders”) of material changes to
these terms and conditions by either sending a notice to
the email address associated with the Account Holder"s
profile or by placing a notice on our websites. Be sure to
return to this page periodically to review the most current
version of this Agreement.
USE OF THE SERVICES
As a condition!of!your use!of!the Services, you warrant that
(i) all information supplied by via the Services to the
Loialcard Companies is true, accurate, current and
complete, (ii) if you are an Account Holder, you will
safeguard your account information and will supervise and
be completely responsible for any use!of!your account by
anyone other than you, (iii) you are 13 years!of!age!or
older!(in some jurisdictions, local laws may have an
older!age!requirement)!in order to register for an account,
use the Services and contribute to our websites, and (iv)
you possess the legal authority to enter into this Agreement
and to use the Services, including our websites in
accordance with all terms and conditions herein. The
Loialcard Companies do not knowingly collect the
information of anyone under the age of 13. We retain the
right at our sole discretion to deny anyone access to the
Services, at any time and for any reason, including, but not
limited to, for violation of this Agreement. By using the
Services, including any products or services that facilitate
the sharing of Content to or from third party sites, you
understand that you are solely responsible for any
information that you share with the Loialcard Companies.
You may access the Services solely as intended through
the provided functionality of the Services and as permitted
under this Agreement.
Copying, transmission, reproduction, replication, posting or
redistribution of (a) Content or any portion thereof and/or
(b) the Services more generally is strictly prohibited without
the prior written permission of the Loialcard Companies. To
request permission, please direct your request to:
Director, Partnerships and Business Development
Unlimited Loyalty AB “Loialcard”
# Dgtlpost, #101136 Agavagen 52A
181 55 Lidingo, Sweden
In order to access certain features of the Services, you will
need to become an Account Holder by creating an
account. When you create an account, you must provide
complete and accurate information. You are solely
responsible for the activity that occurs on your account,
including your interaction and communication with others,
and you must safeguard your account. Towards this end, if
you are an Account Holder, you agree to keep your contact
information up to date.!!
If you are creating a Loialcard account for commercial
purposes and are accepting this Agreement on behalf of a
company, organization, or other legal entity, you represent
and warrant that you are authorized to do so and have the
authority to bind such entity to this Agreement, in which
case the words !you” and !your” as used in this Agreement
shall refer to such entity and the individual acting on behalf
of the company shall be referred to as a !Business
Representative.”
Through your use of the Services you may encounter links
to third party sites and apps or be able to interact with third
party sites and apps. This may include the ability to share
Content from the Services, including your Content, with
such third party sites and apps. Please be aware that third
party sites and apps may publicly display such shared
Content. Such third parties may charge a fee for use of
certain content or services provided on or by way of their
websites. Therefore, you should make whatever
investigation you feel is necessary or appropriate before
proceeding with any transaction with any third party to
determine whether a charge will be incurred. Where the
Loialcard Companies provide details of fees or charges for
such third party content or services, such information is
provided for convenience and information purposes only.
Any interactions with third party sites and apps are at your
own risk. You expressly acknowledge and agree that the
Loialcard Companies are in no way responsible or liable for
any such third party sites or apps.
Some Content you see or otherwise access on or through
the Services is used for commercial purposes. You agree
and understand that the Loialcard Companies may place
advertising and promotions on the Services alongside,
near, adjacent, or otherwise in close proximity to your
Content (including, for video or other dynamic content,
before, during or after its presentation), as well as the
Content of others.
ADDITIONAL PRODUCTS
The Loialcard Companies may, from time to time, decide to
change, update or discontinue certain products and
features of the Services. You agree and understand that the
Loialcard Companies have no obligation to store or
maintain your Content or other information you provide,
except to the extent required by applicable law.
We also offer other services that may be governed by
additional terms or agreements. If you use any other such
services, the additional terms will be made available and
will become part of this Agreement, except where such
additional terms expressly exclude or otherwise supersede
this Agreement. For example, if you use or purchase such
additional services for commercial or business purposes,
you must agree to the applicable additional terms. To the
extent any other terms conflict with the terms and
conditions of this Agreement, the additional terms shall
govern to the extent of the conflict with respect to those
specific services.
PROHIBITED ACTIVITIES
The Content and information available on and through the
Services (including, but not limited to, messages, data,
information, text, music, sound, photos, graphics, video,
maps, icons, software, code or other material), as well as
the infrastructure used to provide such Content and
information, is proprietary to the Loialcard Companies or
licensed to the Loialcard Companies by third parties. For all
Content other than your Content, you agree not to otherwise
modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software,
products, or services obtained from or through the
Services. Additionally, you agree not to:
(i) use the Services or Content for any commercial
purpose, outside the scope of those commercial
purposes explicitly permitted under this Agreement
and related guidelines as made available by the
Loialcard Companies;
(ii) access, monitor, reproduce, distribute, transmit,
broadcast, display, sell, license, copy or otherwise
exploit any Content of the Services, including but not
limited to, user profiles and photos, using any robot,
spider, scraper or other automated means or any
manual process for any purpose not in accordance
with this Agreement or without our express written
permission;
(iii) violate the restrictions in any robot exclusion
headers on the Services or bypass or circumvent other
measures employed to prevent or limit access to the
Services;
(iv) take any action that imposes, or may impose, in our
discretion, an unreasonable or disproportionately large
load on our infrastructure;
(v) deep-link to any portion of the Services for any
purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of
the Services into any other websites or service without
our prior written authorization;
(vii) attempt to modify, translate, adapt, edit,
decompile, disassemble, or reverse engineer any
software programs used by the Loialcard Companies
in connection with the Services;
(viii) circumvent, disable or otherwise interfere with
security-related features of the Services or features that
prevent or restrict use or copying of any Content; or
(ix) download any Content unless it"s expressly made
available for download by the Loialcard Companies.
PRIVACY POLICY AND DISCLOSURES
Any personal information you post on or otherwise submit in
connection with the Services will be used in accordance
with our Privacy Policy. Click here!to view our Privacy Policy.
REVIEWS, COMMENTS AND USE OF OTHER
INTERACTIVE AREAS; LICENSE GRANT
We appreciate hearing from you. Please be aware that by
providing your Content to or through the Services, be it via
email, posting via any Loialcard synchronization product,
via the services and applications of others, or otherwise,
including any of your Content that is transmitted to your
Loialcard account by virtue of any Loialcard Companies
product or service, reviews, questions, photographs or
videos, comments, suggestions, ideas or the like contained
in any of your Content, you grant the Loialcard Companies
a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to (a) host, use,
reproduce, modify, run, adapt, translate, distribute, publish,
create derivative works from and publicly display and
perform such Content of yours throughout the world in any
media, now known or hereafter devised; (b) make your
Content available to the rest of the world and to let others
do the same; (c) to provide, promote, and improve the
Services and to make your Content shared on the Services
available to other companies, organizations or individuals
for the syndication, broadcast, distribution, promotion or
publication of such Content of yours on other media and
services, subject to our Privacy Policy and this Agreement;
and (d) use the name and/or trademark that you submit in
connection with such Content of yours. You acknowledge
that Loialcard may choose to provide attribution of your
Content at our discretion. You further grant the Loialcard
Companies the right to pursue at law any person or entity
that violates your or the Loialcard Companies"$rights in your
Content by a breach of this Agreement. You acknowledge
and agree that your Content is non-confidential and non-
proprietary. You affirm, represent, and warrant that you own
or have the necessary licenses, rights (including copyright
and other proprietary rights), consents, and permissions to
publish and otherwise use (and for the Loialcard
Companies to publish and otherwise use) your Content as
authorized under this Agreement.
If it is determined that you retain moral rights (including
rights of attribution or integrity) in your Content, you hereby
declare that, to the extent permitted by applicable law, (a)
you do not require that any personally identifying
information be used in connection with the Content, or any
derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification,
deletion and exploitation of your Content by the Loialcard
Companies or their licensees, successors and assigns; (c)
you forever waive and agree not to claim or assert any
entitlement to any and all moral rights of an author in any of
your Content; and (d) you forever release the Loialcard
Companies and their licensees, successors and assigns,
from any claims that you could otherwise assert against the
Loialcard Companies by virtue of any such moral rights.
Note that any feedback and other suggestions you provide
may be used at any time and we are under no obligation to
keep them confidential.
The Services may contain discussion forums, bulletin
boards, review services, travel feeds or other forums in
which you may post your Content, such as reviews of travel
experiences, messages, materials or other items
("Interactive Areas"). If Loialcard provides such Interactive
Areas on the websites, you are solely responsible for your
use of such Interactive Areas and use them at your own
risk. The Loialcard Companies do not guarantee any
confidentiality with respect to any of your Content you
provide to the Services or in any Interactive Area.! To the
extent that any entity that is one of the Loialcard Companies
provides any form of private communication channel
between Account Holders, you agree that such entity(ies)
may monitor the substance of such communications in
order to help safeguard our community and the Services.
You understand that the Loialcard Companies do not edit or
control the user messages posted to or distributed through
the Services, including through any chat rooms, bulletin
boards or other communications forums, and will not be in
any way responsible or liable for such messaging. !In
particular, Loialcard does not edit or control users"$Content
that appears on the websites.! The Loialcard Companies
nevertheless reserve the right to remove without notice any
such messaging or other Content from the Services, where
they believe in good faith that such Content breaches this
Agreement or otherwise believe the removal is reasonably
necessary to safeguard the rights of the Loialcard
Companies and/or other users of the Services. Should you
disagree with the removal of your Content from the
websites, you may contact Loialcard using the Help Center
to make your objections.! By using any Interactive Areas,
you expressly agree only to submit Content of yours that
complies with Loialcard"s published guidelines, as are in
force at the time of submission and made available to you
by Loialcard.! You expressly agree not to post, upload to,
transmit, distribute, store, create or otherwise publish
through the Services any Content of yours that:
Is false, unlawful, misleading, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive,
harassing (or advocates harassment of another
person), threatening, invasive of privacy or publicity
rights, abusive, inflammatory, fraudulent or otherwise
objectionable;
Is patently offensive to the online community, such as
that which promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
Would constitute, encourage, promote or provide
instructions for conduct of an illegal activity, a criminal
offense, give rise to civil liability, violate the rights of
any party in any country of the world, or that would
otherwise create liability or violate any local, state,
national or international law, including, without
limitation, the regulations of the U.S. Securities and
Exchange Commission (SEC) or any rules of any
securities exchange, including but not limited to, the
New York Stock Exchange (NYSE), the NASDAQ or the
London Stock Exchange;
Provides instructional information about illegal activities
such as making or buying illegal weapons, violating
someone"s privacy, or providing or creating computer
viruses;
May infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any
party. In particular, content that promotes an illegal or
unauthorized copy of another"s copyrighted work, such
as providing pirated computer programs or links to
them, providing information to circumvent
manufacturer-installed copy-protect devices, or
providing pirated music or links to pirated music files;
Constitutes mass mailings or !spamming”, !junk mail”,
!chain letters” or !pyramid schemes”;
Impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity,
including the Loialcard Companies;
Is private information of any third party, including,
without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card
numbers.! Note that an individual"s surname (family
name) may be posted to our websites, but only where
express permission of the identified individual has
been secured beforehand;
Contains restricted or password only access pages, or
hidden pages or images (those not linked to or from
another accessible page);
Include or are intended to facilitate viruses, corrupted
data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Interactive Area(s) in
which such Content is posted; or
In the sole judgment of Loialcard, (a) violates the
previous subsections herein, (b) violates Loialcard"s
related guidelines as made available to you by
Loialcard, (c) is objectionable, (d) restricts or inhibits
any other person from using or enjoying the Interactive
Areas or any other aspect of the Services, or (e) may
expose any of the Loialcard Companies or their users
to any harm or liability of any type.
The Loialcard Companies take no responsibility and
assume no liability for any Content posted, stored,
transmitted or uploaded to the Services by you (in the case
of your Content) or any third party (in the case of any and
all Content more generally), or for any loss or damage
thereto, nor are the Loialcard Companies liable for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As
a provider of interactive services, the Loialcard is not liable
for any statements, representations or any other Content
provided by its users (including you as to your Content) in
the websites or any other forum. Although the Loialcard has
no obligation to screen, edit or monitor any of the Content
posted to or distributed through any Interactive Area,
Loialcard reserves the right, and has absolute discretion, to
remove, screen, translate or edit without notice any Content
posted or stored on the Services at any time and for any
reason, or to have such actions performed by third parties
on their behalf, and you are solely responsible for creating
backup copies of and replacing any Content you post or
otherwise submit to us or store on the Services at your sole
cost and expense.
Any use of the Interactive Areas or other aspects of the
Services in violation of the foregoing violates the terms of
this Agreement and may result in, among other things,
termination or suspension of your rights to use the
Interactive Areas and/or the Services more generally.
Restricting Loialcard"s License Rights.! You may elect on
a going forward basis to limit the Loialcard Companies"$use
of your Content under this Agreement (as described above)
by opting to provide the Loialcard Companies with a more
limited license as described further below (such limited
license to be referred to herein as a !Restricted License”).!
You may make this election by selecting such Restricted
License grant here. If you make this election, the rights you
grant the Loialcard Companies to your Content pursuant to
the license terms set forth above (referred to as the
!Standard License”) shall be limited in some important
ways described in paragraphs 1 through 6 directly below,
such that the Loialcard Companies shall not hold a
Standard License to any of your Content other than the text-
based reviews and associated bubble ratings you post (as
to which the Loialcard Companies shall continue to be
granted a Standard License), but shall be granted a
!Restricted License” as to the balance of your Content as
defined below:!
1. When you post your Content to the Services, the
license you grant the Loialcard Companies in Your
Content shall be limited to a nonexclusive, royalty-free,
transferable, sublicensable, and worldwide license to
host, use, distribute, modify, run, reproduce, publicly
display or perform, translate, and create derivative
works of your Content for purposes of displaying such
on the Services, as well as using your name and/or
trademark in connection with that Content. Subject to
Paragraph 6 below, the Restricted License applies to
any of your Content (again, other than text-based
reviews and associated bubble ratings) you or another
on your behalf (e.g., a third party that contributes to or
otherwise manages your account) make available on or
in connection with the Services.
!
2. As to any individual item of your Content that is subject
to the Restricted License, you can terminate the
Loialcard Companies"$license rights hereunder to such
by deleting such post from the Services.!
Correspondingly, you may terminate the Loialcard
Companies"$license rights in all of your Content that is
subject to the Restricted License by terminating your
account (a description of how to do so is available
here).! Notwithstanding anything to the contrary, your
Content (a) shall remain on the Services to the extent
you shared it with others and they copied it or stored it
prior to you deleting it or terminating your account, (b)
may continue to be displayed upon the Services for a
reasonable amount of time after you delete it or
terminate your account as we seek to remove it, and/or
(c) may be retained (but not publicly displayed) for
technical, fraud moderation, regulatory or legal
reasons in backup copy form for a period of time.
!
3. The Loialcard Companies will not use your Content in
advertisements for the products and services of third
parties to others without your separate consent
(including sponsored Content), although you agree
and understand that the Loialcard Companies may
place advertising and promotions on the Services
alongside, near, adjacent, or otherwise in close
proximity to your Content (including, for video or other
dynamic content, before, during or after its
presentation), as well as the Content of others.! In all
instances in which your Content is displayed on the
Services, we shall provide attribution by using the
name and/or trademark that you submit in connection
with your Content.! !!
!
4. The Loialcard Companies will not give third parties the
right to publish your Content beyond the Services.
However, sharing your Content on the Services shall
result in your Content being made "public" and we will
enable a feature that allows other users to share (by
way of embedding that public post or otherwise) such
Content of yours onto third-party services, and we will
enable search engines to make that public Content of
yours findable through their services.!
!
5. Except as modified by paragraphs 1 through 6 of this
section of this Agreement, your and our rights and
obligations shall remain subject to the balance of the
terms of this Agreement. The license you grant the
Loialcard Companies as modified by these paragraphs
1-6 shall be referred to as a !Restricted License”.
!
6. For the sake of clarity, the Content you submit to the
Services in connection with other Loialcard Companies
services or programs is not subject to the Restricted
License, but shall instead be governed by the terms
and conditions associated with that specific Loialcard
service or program.
CHARGING or engaging WITH THIRD-PARTY
SUPPLIERS THROUGH Loialcard
Use of Loialcard Selling, charging Services.!The
Loialcard Companies offer you the ability to charge and sell
with third-party suppliers without leaving the Services.
By adding a third-party payment provider via the websites
or apps, you acknowledge that you accept the practices
described in our!Privacy Policy!and this Agreement. In
addition, you warrant, either in your individual capacity or
as a Business Representative, that you are 18 years of age
or older, that you possess the legal authority to enter into
this Agreement and use the Services in accordance with
this Agreement, and that all information you supply is true
and accurate. You further agree that you will use the
Loialcard Companies"$charging facilitation services only to
make legitimate charges for you or others for whom you are
legally authorized to act. Any false or fraudulent payments
or seelling is prohibited, and any user who attempts such a
payment may have his or her account terminated.
AS A USER OF THE SERVICES, INCLUDING Loialcard
COMPANIES"$CHARGING FACILITATION SERVICES, YOU
UNDERSTAND AND AGREE THAT: (1) THE Loialcard
COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR
OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS
MADE USING YOUR PASSWORD OR ACCOUNT; AND (2)
THE UNAUTHORIZED USE OF YOUR PASSWORD OR
ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO
Loialcard, ITS CORPORATE AFFILIATES AND/OR OTHERS.
When you use charging facilitated by the Loialcard
Companies, your payment information will be collected and
transmitted to the supplier to complete the transaction, as
described in our!Privacy Policy. Please note that the
supplier, not the Loialcard Companies, is responsible for
processing your payment and fulfilling your transactions.
The Loialcard Companies will not interfere with payments
arbitrarily, but reserve the right to withdraw charging and
payments facilitation services because of certain
extenuating circumstances, when we have reasonable
cause to suspect that a reservation request may be
fraudulent. The Loialcard Companies also reserve the right
to take steps to verify your identity to process your charging
request.
Third-Party Suppliers.!The Loialcard Companies are not
Payment providers and do not provide or own
transportation services, accommodations, restaurants,
tours, activities or experiences. Although the Loialcard
Companies display information about properties owned by
third-party suppliers and facilitate reservations with certain
suppliers on or through the Loialcard Companies"$websites,
such actions do not in any way imply, suggest, or constitute
the Loialcard Companies"$sponsorship or approval of third-
party suppliers, or any affiliation between the Loialcard
Companies and third-party suppliers. Although Account
Holders may rate and review particular transportation
services, accommodations, restaurants, tours, activities or
experiences based on their own experiences, the Loialcard
Companies do not endorse or recommend the products or
services of any third-party suppliers, save that Loialcard
does issue certain businesses awards that are based on
the reviews posted by Account Holders. The Loialcard
Companies do not endorse any Content posted, submitted
or otherwise provided by any user or business, or any
opinion, recommendation, or advice expressed therein, and
the Loialcard Companies expressly disclaim any and all
liability in connection with such Content. You agree that the
Loialcard Companies are not responsible for the accuracy
or completeness of information they obtain from third-party
suppliers and display on the Services.
If you engage with a third-party supplier, then in addition to
this Agreement, you agree to review and be bound by the
supplier"s terms and conditions of purchase and website
use, privacy policy, and any other rules or policies related
to the supplier"s site or property. Your interactions with third-
party suppliers are at your own risk. The Loialcard
Companies will have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or
negligence of any third-party suppliers or for any personal
injuries, death, property damage, or other damages or
expenses resulting from your interactions with third-party
suppliers.
The Services may link you to supplier sites or other sites
that Loialcard does not operate or control. For further
information, please refer to the !Links to Third-Party Sites”
section below.
If you enter into a dispute with an Advertiser in the EU,
alternative methods for resolving that dispute are available
online here:!http://ec.europa.eu/consumers/odr/.
LIABILITY DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION
LIMITS THE LOIALCARD COMPANIES"$LIABILITY TO YOU
FOR ISSUES THAT MAY ARISE IN CONNECTION WITH
YOUR USE OF THE SERVICES. IF YOU DO NOT
UNDERSTAND THE TERMS IN THIS SECTION OR
ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A
LAWYER FOR CLARIFICATION BEFORE ACCESSING OR
USING THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON OR OTHERWISE PROVIDED
VIA THE SERVICES MAY INCLUDE INACCURACIES OR
ERRORS, INCLUDING RESERVATION AVAILABILITY AND
PRICING ERRORS. THE LOIALCARD COMPANIES DO
NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS
ALL LIABILITY FOR, ANY ERRORS OR OTHER
INACCURACIES RELATING TO THE INFORMATION AND
DESCRIPTION OF THE ACCOMODATION, EXPERIENCES,
AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL
PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING,
WITHOUT LIMITATION, THE PRICING, AVAILABILITY,
PHOTOGRAPHS, LIST OF ACCOMODATION,
EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER
TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT
DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN
ADDITION, THE LOIALCARD COMPANIES EXPRESSLY
RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY
AND PRICING ERRORS ON THE SERVICES AND/OR ON
PENDING RESERVATIONS MADE UNDER AN INCORRECT
PRICE.
LOIALCARD MAKES NO REPRESENTATIONS OF ANY
KIND ABOUT THE SUITABILITY OF THE SERVICES,
INCLUDING THE INFORMATION CONTAINED ON ITS
WEBSITES OR ANY PORTION THEREOF, FOR ANY
PURPOSE, AND THE INCLUSION OR OFFERING OF ANY
PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES
OR OTHERWISE THROUGH THE SERVICES DOES NOT
CONSTITUTE ANY ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCTS OR SERVICE
OFFERINGS BY LOIALCARD, NOTWITHSTANDING ANY
AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICE OFFERINGS MADE AVAILABLE BY OR
THROUGH THE SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. LOIALCARD
DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER
TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS
OR ANY DATA (INCLUDING EMAIL) SENT FROM
LOIALCARD, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, LOIALCARD
HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND THE SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OR TERMS OF ANY KIND AS TO OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET POSSESSION AND
NONINFRINGEMENT.
THE LOIALCARD COMPANIES ALSO EXPRESSLY
DISCLAIM ANY WARRANTY, REPRESENTATION, OR
OTHER TERM OF ANY KIND AS TO THE ACCURACY OR
PROPRIETARY CHARACTER OF THE CONTENT
AVAILABLE BY AND THROUGH THE SERVICES.
THE THIRD PARTY SUPPLIERS PROVIDING
ACCOMODATIONS, FLIGHT, RENTALS, EXPERIENCES,
RESTAURANTS, OR CRUISEINFORMATION, TRAVEL OR
OTHER SERVICES ON OR THROUGH THE SERVICES ARE
INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF THE LOIALCARD COMPANIES. THE
LOIALCARD COMPANIES ARE NOT LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY
SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES,
DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR
EXPENSES RESULTING THEREFROM. LOIALCARD HAS
NO LIABILITY AND WILL MAKE NO REFUND IN THE
EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING,
STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND
ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR
AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES
AT YOUR OWN RISK AND IN NO EVENT SHALL THE
Loialcard COMPANIES (OR THEIR OFFICERS, DIRECTORS
AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS
OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS,
USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM
OR CONNECTED IN ANY WAY TO BUSINESS
INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, YOUR ACCESS TO,
DISPLAY OF OR USE OF THE SERVICES OR WITH THE
DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE
SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR
RELIANCE UPON REVIEWS AND OPINIONS APPEARING
ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS,
TROJAN HORSES, INFORMATION, SOFTWARE, LINKED
SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH
THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY
LOIALCARD COMPANIES"$SYNCRONIZATION PRODUCT);
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR USE OF
THE SERVICES"$SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT; OR OTHERWISE ARISING OUT
OF THE ACCESS TO, DISPLAY OF OR USE OF THE
SERVICES) WHETHER BASED ON A THEORY OF
NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, AND EVEN IF Loialcard OR ITS CORPORATE
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
If the Loialcard Companies are found liable for any loss or
damage that arises out of or is in any way connected with
your use of the Services, then the Loialcard Companies"$
liability will in no event exceed, in the aggregate, the
greater of (a) the transaction fees paid to the Loialcard
Companies for the transaction(s) on or through the Services
giving rise to the claim, or (b) One-Hundred Dollars (US
$100.00).
The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this section
will survive and apply even if any limited remedy specified
in these terms is found to have failed of its essential
purpose. The limitations of liability provided in these terms
inure to the benefit of the Loialcard Companies.
THESE TERMS AND CONDITIONS AND FOREGOING
LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY
LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER
PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES
NOT ALLOW ANY PARTICULAR LIMITATION OR
EXCLUSION OF LIABILITY PROVIDED FOR IN THIS
CLAUSE, THAT LIMITATION WILL NOT APPLY. THE
LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE
MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
INDEMNIFICATION
You agree to defend and indemnify the Loialcard
Companies and any of their officers, directors, employees
and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature including but
not limited to reasonable legal and accounting fees,
brought by third parties as a result of:
(i) your breach of this Agreement or the documents
referenced herein;
(ii) your violation of any law or the rights of a third party;
or
(iii) your use of the Services, including the Loialcard
Companies"$websites.
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated
by parties other than the Loialcard Companies. Such
hyperlinks are provided for your reference only. The
Loialcard Companies do not control such websites and are
not responsible for their contents or the privacy or other
practices of such websites. Further, it is up to you to take
precautions to ensure that whatever links you select or
software you download (whether from this or any other
website) is free of such items as viruses, worms, trojan
horses, defects and other items of a destructive nature. The
Loialcard Companies"$inclusion of hyperlinks to such
websites does not imply any endorsement of the material
on such third party websites or apps or any association
with their operators.
In some cases, you may be asked by a third party site or
app to link your Loialcard account profile to a profile on
another third party site. You are responsible for deciding if
you choose to do so, it is purely optional, and the decision
to allow this information to be linked can be disabled (with
the third party site or app) at any time. If you do choose to
link your Loialcard account to a third party site or app, the
third party site or app will be able to access the information
you have stored on your Loialcard account, including
information regarding other users with whom you share
information. You should read the terms and conditions and
privacy policy of the third party sites and apps that you visit
as they have rules and permissions about how they use
your information that may differ from the Services, including
our websites. We encourage you to review these third party
sites and apps and to use them at your own risk.
SOFTWARE AS PART OF SERVICES; ADDITIONAL
MOBILE LICENSES
Software from the Services is further subject to Swedens
export controls. No software from the Services may be
downloaded or otherwise exported or re-exported (a) into
any country to which Sweden has embargoed goods, or (b)
to anyone on the Swedish list of Specially Designated
Nationals By using the Services, you represent and warrant
that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
As noted above, the Services include software, which at
times may be referred to as !apps”.! Any software that is
made available to download from the Services ("Software")
is the copyrighted work of Loialcard or other party as
identified. Your use of such Software is governed by the
terms of the end user license agreement, if any, which
accompanies, or is included with, the Software. You may
not install or use any Software that is accompanied by or
includes a license agreement unless you first agree to the
terms of such license agreement. For any Software made
available for download by way of the Services and which is
not accompanied by a license agreement, we hereby grant
to you, the user, a limited, personal, nontransferable license
to use the Software for viewing and otherwise using the
Services in accordance with this Agreement"s terms and
conditions (including those policies referenced herein) and
for no other purpose.
Please note that the Software, including, without limitation,
all HTML, XML, Java code, Flutter, Phyton and Active X
controls contained in the Services, is owned or licensed by
Loialcard, and is protected by copyright laws and
international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited, and
may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Portions of Loialcard mobile software may use copyrighted
material, the use of which Loialcard acknowledges. In
addition, there are specific terms that apply to use of
certain Loialcard mobile applications. Please visit
the!Mobile Licenses!page!for notices specific to Loialcard
mobile applications.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).
COPYRIGHT AND TRADEMARK NOTICES
Loialcard, the logo, and all other product or service names
or slogans displayed on the Services are registered and/or
common law trademarks of Unlimited Loyalty AB and/or its
suppliers or licensors, and may not be copied, imitated or
used, in whole or in part, without the prior written
permission of Loialcard or the applicable trademark holder.
In addition, the look and feel of the Services, including our
websites, as well as all page headers, custom graphics,
button icons and scripts related to same, is the service
mark, trademark and/or trade dress of Loialcard and may
not be copied, imitated or used, in whole or in part, without
the prior written permission of Loialcard. All other
trademarks, registered trademarks, product names and
company names or logos mentioned on the Services are
the property of their respective owners. Except to the extent
noted elsewhere in this Agreement, reference to any
products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or
recommendation thereof by Loialcard.
All rights reserved. Loialcard is not responsible for content
on websites operated by parties other than Loialcard.
Notice and Take-Down Policy for Illegal Content
Loialcard operates on a "notice and takedown" basis. If you
have any complaints or objections to Content, including
user messages posted on the Services, or if you believe
that material or content posted on the Services infringes a
copyright that you hold, please contact us immediately by
following our notice and takedown procedure.!Click here to
view the Copyright Policy and procedure. Once this
procedure has been followed, Loialcard will respond to
valid and properly substantiated complaints by making all
reasonable efforts to remove manifestly illegal content
within a reasonable time.
MODIFICATIONS TO THE SERVICES; TERMINATION
Loialcard may change, add or delete these terms and
conditions of this Agreement or any portion thereof from
time to time in its sole discretion where we deem it
necessary for legal, general regulatory and technical
purposes, or due to changes in the Services provided or
nature or layout of Services. Thereafter, you expressly agree
to be bound by the terms and conditions of this Agreement
as amended.
The Loialcard Companies may change, suspend or
discontinue any aspect of the Services at any time,
including availability of any of the Services"$features,
databases or Content. The Loialcard Companies may also
impose limits or otherwise restrict your access to all or parts
of the Services without notice or liability for technical or
security reasons, to prevent against unauthorized access,
loss of, or destruction of data or where Loialcard and/or its
corporate affiliates consider(s) in its/their sole discretion
that you are in breach of any provision of this Agreement or
of any law or regulation and where Loialcard and/or its
corporate affiliates decide to discontinue providing any
aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES NOW, OR
FOLLOWING THE POSTING OF ANY SUCH NOTICE OF
ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU
OF SUCH MODIFICATIONS.
Loialcard may terminate this Agreement with you at any
time, without advanced notice, where it believes in good
faith that you have breached this Agreement or otherwise
believes that termination is reasonably necessary to
safeguard the rights of the Loialcard Companies and/or
others users of the Services. That means that we may stop
providing you with Services.
JURISDICTION AND GOVERNING LAW
This website is owned and controlled by Unlimited Loyalty
AB, a Swedish limited liability company. This Agreement
and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or
its subject matter or formation!shall be governed by and
construed in accordance with the law of Sweden. You
hereby consent to the exclusive jurisdiction and venue of
courts in Stockholm, Sweden and stipulate to the fairness
and convenience of proceedings in such courts for all
disputes, both contractual and non-contractual, arising out
of or relating to the use of the Services by you or any third
party. You agree that all claims you may have against
Unlimited Loyalty AB arising from or relating to the Services
must be heard and resolved in a court of competent
subject matter jurisdiction located in Swedeh. Use of the
Services is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph. Nothing in this
clause shall limit the right of Unlimited Loyalty AB to take
proceedings against you in any other court, or courts, of
competent jurisdiction. The foregoing shall not apply to the
extent that applicable law in your country of residence
requires application of another law and/or jurisdiction – in
particular, if you are using the Services as a consumer -
and this cannot be excluded by contract and will not be
governed by the United Nations Conventions on Contracts
for the International Sale of Goods, if otherwise applicable.
!If you use the Services as a consumer, and not as business
or Business Representative, you may be entitled to bring
claims against Loialcard in the Courts of your country of
residence. This clause shall otherwise apply to the
maximum extent allowed in your country or residence.
CURRENCY CONVERTER
Currency rates are based on various publicly available
sources and should be used as guidelines only. Rates are
not verified as accurate, and actual rates may vary.
Currency quotes may not be updated on a daily basis. The
information supplied is believed to be accurate, but the
Loialcard Companies do not warrant or guarantee such
accuracy. When using this information for any financial
purpose, we advise you to consult a qualified professional
to verify the accuracy of the currency rates. We do not
authorize the use of this information for any purpose other
than your personal use and you are expressly prohibited
from the resale, redistribution, and use of this information
for commercial purposes.
GENERAL PROVISIONS
We reserve the right to reclaim any username, account
name, nickname, handle or any other user identifier for any
reason without liability to you.
You agree that no joint venture, agency, partnership, or
employment relationship exists between you and Loialcard
and/or its corporate affiliates as a result of this Agreement
or use of the Services.
Our performance of this Agreement is subject to existing
laws and legal process, and nothing contained in this
Agreement limits our right to comply with law enforcement
or other governmental or legal requests or requirements
relating to your use of the Services or information provided
to or gathered by us with respect to such use. To the extent
allowed by applicable law, you agree that you will bring any
claim or cause of action arising from or relating to your
access or use of the Services within two (2) years from the
date on which such claim or action arose or accrued or
such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remaining provisions in this Agreement
shall continue in effect.
This Agreement (and any other terms and conditions
referenced herein) constitutes the entire agreement
between you and Loialcard with respect to the Services and
it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or
written, between you and Loialcard with respect to the
Services. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to
the same conditions as other business documents and
records originally generated and maintained in printed
form.
The following sections shall survive any termination of this
Agreement:
Additional Products
Prohibited Activities
Reviews, Comments and Use of Other Interactive
Areas; License Grant
% Restricting Loialcard"s License Rights
Liability Disclaimer
Indemnification
Software as Part of Services; Additional Mobile
Licenses
Copyright and Trademark Notices
%
Notice and Take-Down Policy for Illegal Content
Modifications to the Services; Termination
Jurisdictions and Governing Law
General Provisions
Service Help
The terms and conditions of this Agreement are available in
the language of the Loialcard websites and/or apps on
which Services may be accessed.
The websites and/or apps on which Services may be
accessed may not always be updated on a periodic or
regular basis and consequently are not required to register
as editorial product under any relevant law.
Fictitious names of companies, products, people,
characters, and/or data mentioned in, on or through the
Services are not intended to represent any real individual,
company, product, or event.
Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits, save that Loialcard"s
corporate affiliates shall be deemed express third party
beneficiaries of this Agreement.
You are prohibited from transferring any of your rights or
obligations under this Agreement to anyone else without
our consent.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For answers to your questions or ways to contact us, visit
our!Help Center. Or, you can write to us at:
Unlimited Loyalty AB, Loialcard
# Dgtlpost AB, #101136, Agavagen 52A 181 55 Lidingo
Please note that Loialcard does not accept legal notices or
service of legal process by any means other than hard
copy post delivered to the address immediately above.! For
the avoidance of doubt and without limitation, we therefore
do not accept notices or legal service deposited upon any
of our affiliates or subsidiaries.
©2022 Unlimited Loyalty AB. All rights
reserved.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Last updated February 19, 2022.
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