Terms and Conditions

1. Introduction

Welcome to LoyaliApp, a loyalty and rewards platform that enables businesses and customers to manage loyalty points, digital gift cards, and offers. By accessing and using the LoyaliApp ("Application"), you ("User" or "Customer" or "Business") agree to comply with and be bound by these Terms and Conditions ("Terms").

2. Definitions

• "Customer" refers to any individual using the Application to track loyalty points, redeem rewards, or manage digital gift cards.
• "Business" refers to any individual, small and medium sized business, company or organization that subscribes to the Application to offer rewards programs, publish offers, or sell digital gift cards.
• "User" refers to any user of the application including Customer and Business
• "Service" or "Platform" refers to the loyalty and rewards system provided by LoyaliApp.

3. Acceptance of Terms

By signing up and using the Application, you agree to these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Application.

4. Customer Terms

As a Customer of the Platform, you agree to the following:

• Account Creation: You must provide accurate and complete information during registration. You are responsible for keeping your login credentials confidential.
• Gift Cards and Offers: You acknowledge that gift cards and offers listed on the Platform are provided by businesses and that LoyaliApp is not responsible for the accuracy, validity, or redemption of those gift cards and offers. All claims or issues regarding gift cards or offers must be directed to the respective business.
• Digital Gift Cards:
  • Gift cards are issued to you digitally within the Application by the respective businesses. These gift cards can be viewed directly within the app, and the details such as balance, expiration date, and applicable terms can be checked in the app interface.
  • No Physical or Email Form: The gift cards are not issued in physical form or via email. All gift card details are contained exclusively within the Application.
  • Gift Card Management: You are responsible for managing the balance and use of your digital gift cards. Any issues regarding the validity or use of the gift cards should be directed to the respective business that issued the gift card.
• Offers and Redemption: You may view offers and redeem rewards through the Application. These offers and rewards are provided by businesses, and LoyaliApp is not responsible for any disputes or issues regarding the redemption or accuracy of the offers.
• Location-Based Services: The Application may provide you with location-based offers and gift cards. You agree that LoyaliApp is not liable for the accuracy of location data or for any issues arising from using location-based services. You acknowledge that location-based services rely on third-party data and device settings. LoyaliApp is not liable for inaccuracies or losses arising from such services.
• Payment & Transactions: If you choose to purchase or redeem gift cards, you agree to pay the applicable fees. Payments and transactions for gift cards are processed directly by businesses, and LoyaliApp is not liable for any transaction issues. LoyaliApp does not process payments or store payment information. All payment processing is handled by third-party providers or businesses, and LoyaliApp is not liable for errors, delays, or security issues arising from such processing. LoyaliApp does not hold or manage funds for transactions. Any chargebacks, disputes, or refund claims must be resolved directly with the business or payment provider.
• No Liability: You agree that LoyaliApp is not responsible or liable for any claims, damages, or losses arising from the redemption of rewards, the use of gift cards, or interactions with businesses. Any complaints or disputes should be directed to the respective business offering the gift card or service.

5. Business Terms

As a Business using the Platform, you agree to the following:

• Account Creation: You must provide accurate business details during registration. You are responsible for maintaining the confidentiality of your business account credentials.
• Reward Programs and Offers: You are fully responsible for the creation, management, and accuracy of your reward programs, offers, and any associated terms and conditions. You agree that LoyaliApp is not liable for any claims related to your offers or rewards programs.
• Digital Gift Cards:
  • You are responsible for issuing and managing digital gift cards via the Platform. These gift cards are delivered to customers only within the Application. LoyaliApp is not responsible for the fulfillment, issuance, or redemption of gift cards and will not be held liable for any issues arising from those transactions.
  • No Physical or Email Form: You agree that all gift cards are strictly digital and will not be issued in physical form or via email.
• Refunds: If you issue refunds to customers stored in their digital wallet within the Application, you are responsible for ensuring the correct handling and timely processing of the refunds. LoyaliApp does not facilitate or mediate refund disputes.
• Customer Data and Communication: You may access and view the list of subscribed customers. You may initiate chat communication with customers only upon their request. You are responsible for managing customer interactions, and LoyaliApp is not liable for any communication issues.
• Store and Staff Management: You are responsible for creating and managing stores, as well as assigning and managing staff accounts within your business profile.
• No Liability: LoyaliApp is not responsible or liable for any claims or damages resulting from business actions or decisions on the Platform, including issues with offers, digital gift cards, customer interactions, or reward point management.
• Comply with applicable laws and regulations: Businesses must comply with all applicable laws and regulations. LoyaliApp reserves the right to remove or suspend businesses engaging in fraudulent or unlawful activity, but is not liable for such actions."

6. Termination of Service

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to a breach of these Terms. In the event of termination, you must cease all use of the Application and its services.

7. Dispute Resolution

• Business and Customer Responsibility: All disputes between businesses and customers must be resolved directly between the parties. LoyaliApp does not mediate disputes.
• No Class-Action Lawsuits: Users agree to resolve disputes on an individual basis and waive the right to participate in class-action lawsuits.
• Mandatory Arbitration: Disputes between you and LoyaliApp will be resolved by binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA) in Sydney, NSW, unless otherwise agreed.

8. Disclaimers

• As-Is Service: The Application is provided "as is" and "as available," without any warranties of any kind, whether express or implied. We do not guarantee that the Platform will be error-free, uninterrupted, or free from security vulnerabilities.
• No Guarantee on Transactions: We do not guarantee the success of any transactions, the fulfillment of offers, or the redemption of digital gift cards.
• LoyaliApp is not liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, cyberattacks, or third-party service outages.
• Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law where such exclusion is not permitted. In such cases, LoyaliApp’s liability is limited to resupplying the service or the cost of doing so.
• User Generated Content: Businesses warrant that their content does not infringe third-party rights or violate laws. LoyaliApp may remove such content at its discretion and is not liable for its publication.

9. Limitation of Liability

To the fullest extent permitted by law, LoyaliApp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill arising from your use of the Platform.

10. Indemnification

You agree to indemnify and hold harmless LoyaliApp, its affiliates, officers, directors, and employees from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Application or any breach of these Terms.

11. Intellectual Property

All intellectual property related to the Platform remains the sole property of LoyaliApp. Users and businesses may not copy, distribute, or modify any part of the Platform without written permission.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Any updates will be posted on the Platform, and the date of the last modification will be indicated at the top of the document. Continued use of the Application after changes constitutes acceptance of the revised Terms.

14. Privacy Policy

Your privacy is important to us. For information about how we collect, use, and protect your personal data, please refer to our Privacy Policy. By using the Application, you agree to the practices outlined in the Privacy Policy.

15. Contact Information

For any questions regarding these Terms, please contact us at: hello@loyaliapp.com