Terms and Conditions
The TYSOM App, Website and product is operated by TYSOM Ltd ("us", "TYSOM", "our", "we"), a company registered in England and Wales with registered office at 53 Kent Road, Southsea, Portsmouth, Hampshire, PO5 3HU. TYSOM offers an application which allows vendors to provide loyalty programs and rewards directly to consumers through a smartphone application ("Services"), and provides vendors with programs and applications to track consumers' use thereof (the "Applications"). These Terms and Conditions ("Terms") govern your access and use of the Services and the Applications. "Vendor" means any vendor entity and its agents that makes use of the Application or provides Services to its customers. Website shall refer to TYSOM.net.
Please read these Terms carefully. These Terms govern your use of the Applications and your provision of the Services to your customers. As a Vendor you must accept these Terms prior to signing up your business on TYSOM, using our website, a third party web site which is affiliated with us, or using TYSOM application for businesses or providing any Services to its customers. By accepting or in any other way downloading the Applications or making any Services available to your customers, you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not accept these Terms, do not use and do not download the Applications or make any Services available to your customers. We will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Applications or provision of the Services to your customers will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. The most current version of the Terms is available here. If you do not agree to any of these Terms, please do not use the Applications or make the Services available.
In these Terms, the following terms when capitalized have the meanings set forth in this Section.
"Customer" means an end user that has been granted a license by TYSOM to use the Services, and who has accepted the TYSOM Terms and Conditions.
"TYSOM User Terms and Conditions" means TYSOM's standard end user license agreement, which may be amended by TYSOM in its sole discretion, a current version of which is available here.
"Promotional Content" means any advertising, promotional or marketing content provided by Vendor for provision to any Customer (including, without limitation, any loyalty programs or rewards) and including any logos, trade names, trademarks or other content of Vendor included in such content.
Subject to the terms and conditions hereof, during the period these Terms are in effect TYSOM hereby grants Vendor a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license solely to use the Applications and to provide the Services to its Customers.
You may not copy, modify, distribute, sell, or lease any part of such software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Some software used in our Services may be offered under an open source licence that we will make available to you. There may be provisions in the open source licence that expressly override some of these terms.
Following successful registration and payment TYSOM will be available to you within 2 hours.
Vendor shall maintain all copyright and other proprietary notices contained in the Applications and in the Services. Except as set forth expressly herein, Vendor shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application or the Services; (b) modify the Application or Services, or insert any code or product, or in any other way manipulate the Application or Services; or (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Applications or Services except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Vendor shall inform TYSOM in writing in each instance prior to engaging in the activities set forth above. TYSOM reserves the right to make modifications to the Applications and the Services at any time without prior notice.
Minimum Age Policy.
Business users must be a minimum of 18 years old. Private and Domestic Consumers must be 16 years of age.
Vendor may provide Promotional Content to Customers through the Services as permitted by TYSOM. Vendor shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Promotional Content. Vendor represents and warrants that no Promotional Content infringes the intellectual property rights or moral rights or any third party. TYSOM reserves the right, at its sole discretion, to remove any Promotional Content that violates these Terms at any time, without prior notice, or require Vendor to do so. Vendor shall remain solely liable for any loyalty programs or rewards offered to Customers, and shall fully indemnify TYSOM for its failure to satisfy any of its obligations pursuant to such plans or rewards. TYSOM does not claim ownership of Promotional Content. However, Vendor grants TYSOM a non-exclusive, royalty-free, worldwide license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce Promotional Content for the purposes of these Terms, including the right to exercise this license through independent contractors.
Title to and ownership of and all proprietary rights in or related to (a) the Application, Services and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing; (b) all trade names, trademarks, and logos of TYSOM; and (c) all data collected by TYSOM's server side software with regard to the foregoing (collectively, "TYSOM Property") shall at all times remain solely with TYSOM or its licensors.
Subject to Section 6(a), title to and ownership of and all proprietary rights in or related to Promotional Content and all the trade names, trademarks, and logos of Vendor shall at all times remain with Vendor and its licensors (collectively, "Vendor Property").
Any references in these Terms to sale, resale or purchase of the TYSOM Property or Vendor Property and related documentation or references of like effect, will be deemed to mean the license thereof pursuant to the terms and conditions of these Terms.
Customers may contact TYSOM with regard to the support for the Application using website support or using other forms of communication as described on our website.
Vendor acknowledges that TYSOM may disclose to Vendor certain confidential information belonging to and relating to TYSOM, the Application or the Services. Vendor may disclose to TYSOM certain information regarding its business and operations. Either party (the "Receiving Party") receiving information from the other party (the "Disclosing Party") which the Disclosing Party has marked or identified as confidential or proprietary, or which should clearly be considered confidential proprietary (collectively, "Confidential Information"), agrees to keep such Confidential Information confidential during and after the Term and not disclose or use except in performance of the Receiving Party's obligations hereunder. Confidential Information shall not include information (i) already lawfully known to or independently developed by the Receiving Party without access to or use of the Confidential Information of the Disclosing Party, (ii) received by the Receiving Party from any third party without restrictions, (iii) publicly and generally available, free of confidentiality restrictions; or (iv) required to be disclosed by law, provided that the Receiving Party provides prompt notice of such requirement. The Receiving Party shall restrict disclosure of Confidential Information to those of the Receiving Party's employees and officers with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Vendor will not disclose any information regarding the results of any testing or evaluation of the Application or Services to any third party without TYSOM's prior written consent.
Warranties; Indemnification; Disclaimer.
Vendor represents and warrants that the Promotional Content: (a) does not contain material that is obscene, defamatory, libellous, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) does not contain pornography or material that may be harmful to a minor; (c) does not contain material that violates or infringes the intellectual property, moral or contractual rights of any third party; (d) does not contain any virus, worm, Trojan horse, or other harmful or disruptive component; and (e) complies with all applicable law, regulations and rules, including all applicable law regarding advertising, marketing and promotional content and services.
The application, services and related documentation are provided "as-is". TYSOM expressly disclaims any warranties (including with regard to the performance of the application or services and without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any reliance on the application or the services is at vendor's own risk, and TYSOM does not and shall not accept any liability for the application or the services, including without limitation any mistakes or inaccuracies in loyalty programs or rewards created or made available through the application or services.
Limitation of liability.
In no event shall TYSOM , its directors, officers, employees, agents or shareholders, be liable to vendor, any customer or any other third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the application or services. In any case, TYSOM's entire liability under any provision of these terms shall not exceed in the aggregate the amount received from vendor hereunder, with the exception of death or personal injury caused by the gross negligence of TYSOM to the extent applicable law prohibits the limitation of damages in such cases.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Platform or Services; or
use of or reliance on any content displayed on our Platform.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of data;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are an individual user, please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes other than as authorised by us, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our Platform.
Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the following:
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in your content. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Platform.
We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out above.
The views expressed by other users on our Platform do not represent our views or values.
Your TYSOM account and password.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at TYSOMApp@gmail.com
Term, Termination and Severability.
The term of this agreement ("Term") shall commence on the date Vendor accepts these Terms and shall continue for a period of either 9 months with authorised promo code, 12 months or 1 month and shall thereafter automatically renew for subsequent terms of 1 or 12 months month, unless otherwise terminated in accordance with these Terms.
Either party may terminate this agreement with advance notice of 30 days, provided, however, that TYSOM may terminate these Terms and all rights granted hereunder without notice if Vendor shall use or market the Application or Services in violation of any applicable law, rule or regulation.
Effect of Termination.
Upon expiration or termination of these Terms for any reason, (a) Vendor shall immediately cease the use of the rights licensed hereunder, and shall immediately cease all provision of the Services to its customers; (b) each party shall make payment to the other of all amounts due hereunder as of the date of termination; and (c) Vendor shall cease the use of all TYSOM Property and shall promptly return to TYSOM all copies of TYSOM Confidential Information or destroy same, at TYSOM's discretion.
Sections 3 (Restrictions), 5 (Intellectual Property), 6 (Customer Data), 8 (Confidentiality), 9 (Warranties; Indemnification; Disclaimer), 10 (Limitation of Liability) any accrued and unpaid payments, and this Section 11 shall survive the termination or expiration of these Terms for any reason.
We do not guarantee that our Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
You must not misuse our Platform by knowingly introducing spam, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.
You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
By accepting the terms, you agree to the following:
To run your loyalty program in a fair and non-abusive manner.
To keep the provided any device, equipment and software provided by TYSOM safe and secure.
You understand that while TYSOM grants you access to its platform, the responsibility for managing your loyalty program lies with you.
TYSOM and Vendor are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venture, servant or employee of the other. Neither party nor any officer or employee thereof shall, in any event, have any right collectively or individually, to bind the other party, to make any representations or warranties, to accept service of process, to receive notice or to perform any act or thing on behalf of the other party, except as authorized in writing by such other party in its sole discretion. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. TYSOM may assign its rights or obligations pursuant to these Terms. Vendor agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the United Kingdom and the Courts in England and Wales shall have exclusive jurisdiction to hear any disputes arising hereunder.
Additional terms relating to business users only.
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you.
TYSOM reserves the right to change its prices at any time. You authorize TYSOM directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, TYSOM is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all taxes or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to TYSOM.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If TYSOM does not receive a request by the user, through email or phone for Charged Services termination you acknowledge and understand that TYSOM will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated.
Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term.
TYSOM expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the original service period. Unless you cancel your subscription TYSOM will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on file with TYSOM then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period.
You may cancel your subscription from such services prior to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards TYSOM in relation to the discontinuation of the services.
Without prejudice to any of our other rights and remedies, if, at any time, you allow, permit or cause a person who is not an Authorised User to have access to our Platform and/or the Subscription Services, then we shall be permitted to charge you, and you shall pay, for the Subscription Services provided to that person which will be calculated by us at our then current rates. Alternatively, we may elect to terminate this Agreement in which case you and your Authorised Users will no longer be authorised to access our Platform or receive the Subscription Services. You shall ensure that any individual accessing our Platform or the Services is acting in the course of your business, trade or profession and not as a consumer.
The obligations in this Agreement are continuing and shall survive the termination the Agreement and the authorisation of you and your Authorised Users to access our Platform and receive the Subscription ServicesIn the event of expiry or any termination of the Agreement or any TYSOM Program: TYSOM shall be entitled to send e-mail and/or other communications to some or all of your loyalty program members, notifying loyalty program members that your Agreement with the TYSOM Program has been terminated. In addition, TYSOM shall be entitled to take other actions, at its discretion, to assist your loyalty program members in protecting the points they have earned within the TYSOM Program and providing such loyalty program members with a chance to redeem points earned.