Please read the following terms carefully

Welcome to the Maybe* - Local High Street Rewards terms and conditions. Please note that by registering to use this Website/App you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions and hereunder, do not use or access this Website/App. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before you may use or access the Website/App in any way.

  1. Introduction

1.1 Maybe* offers an online promotional service connecting consumers and businesses ("the Service"). “Local High Street Rewards” is a trading name of Maybe* Solutions Ltd, a company registered at Unit 1, Cheadle Orchards, Oldfields, Market Drayton, Shropshire, TF9 3RW 

1.2 By subscribing to Services you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions hereunder, do not use or access this Website/App. You must read and accept all of the terms and conditions contained herein before you may use or access the Website/App in any way.

1.3 These terms and conditions constitute the entire terms and conditions upon which Maybe* provides the Service and upon which the Client agrees to contract for the use of the Service except where specifically varied by written agreement by Maybe* on its order acknowledgement. They supersede any written or oral representations, statements, understandings or agreements.

1.4 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.

Definitions

In this Agreement:-

"Agreement" means these terms and conditions together with the Client’s Registration.

"Client" means the company, firm, person, persons, corporation or public authority who uses the Service.

"the Service" means the provision of online services provided by Maybe* where applicable (together or individually known as “Work”).

"You / Your" means anyone who uses this Website/App.

"the Website/App" means the Maybe* Website/App (portal) operating under the domain name of www.maybetech.com.

"Local High Street Rewards" means the initial web services offered by Maybe* including access to business intelligence reporting and communication options as described on the packages on the Website/App.

"the Service Commencement Date" shall be the date the Service is available as set out on the Website/App.

"Intellectual Property" means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.

"Merchant ID" means an alphanumeric identifier provided by the acquirer uniquely identifying the merchant on their system.

"Qualifying Transactions" means card transactions made via the clients payment terminal by registered Local High Street Rewards consumers using cards they have linked to their accounts.

"Sub Processor" means a company (often a third party) appointed by Maybe* to handle transactions from various channels such as credit cards and debit cards for merchant acquiring transaction details.

"Website/App Content" means the photographic data and other information created and uploaded by the Maybe* Client.

  1. Service provision

2.1 The Maybe* Local High Street Rewards Service offers the opportunity to be part of an innovative, town and city-wide loyalty programme delivered via Facebook Messenger designed to reward customers for spending with businesses and encourage them to spend more money with you (the Service).

2.2 Maybe* will use all reasonable endeavours to provide the Service as described on the Website/App.

2.3 Maybe* may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.

2.4 Maybe* encourages any interested or potential business clients to make contact with Maybe* if a more complex or comprehensive web service is required. We are contactable on hello@maybetech.com or by telephone 0800 0614214.

2.5 The minimum contract duration is 30 days.

2.6 Maybe* will communicate with the Client by email, chat interface on the Maybe* website. 

2.7 The Client will provide their Merchant ID to enable Maybe* Local High Street Rewards to track Qualifying Transactions at the Clients business. For the avoidance of doubt only Qualifying Transactions will be tracked.

  1. Proprietary Rights

All Intellectual Property Rights in the materials on this Website/App (as well as the organisation and layout of this Website/App) together with the underlying software code are owned by, licensed or authorised to Maybe*, it’s assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website/App is owned by Maybe* or its licensors or its content or technology providers except where otherwise specified.

Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website/App or the underlying software code whether in whole or in part. However, the contents of this Website/App may be downloaded, printed or copied for your personal non-commercial use.

  1. Basis of Use of the Website

4.1 You agree to the following:

4.1.1 that you are aged 18 or over and are legally capable of entering into binding contracts;

4.1.2 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;

4.1.3 that you will only view the Information on the Website/App for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Website/App (“the Information”) at any time;

4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;

4.1.5 that You shall not use the Website/App or the Information in any manner which may constitute an infringement of any 3rd party rights (including but not limited to rights of copyright, trademark or confidentiality);

4.1.6 that you shall not run any tools on the Website/App that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;

4.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website/App shall remain vested in Maybe* at all times;

4.1.8 that You will indemnify and keep indemnified Maybe* against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website/App or breach of your obligations under his agreement.

  1. Client Obligations

5.1 Order must be submitted electronically via the Website/App. To do so, you will be required to follow the online subscription process. When doing so, you will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.

 

5.2 By subscribing, you hereby warrant that all information and Website/App Content submitted by you is true, current and complete. Maybe* reserves the right to verify the eligibility of all subscribers.

5.3 The Client agrees to provide Maybe* with all necessary information required as stated in the Website/App.

5.4 The Client is responsible for revision of content including checking of grammar and spelling mistakes or content incorrectly worded or phased.

5.5 Due to the nature of the Service, no refund is offered by Maybe*

  1. Changes

6.1 Should the Client require a change in the nature, scope or timing of the Service or in or any other aspect of this Agreement, such change shall be requested in writing.

  1. Termination

7.1 Without prejudice to any other rights to which it may be entitled, Maybe* may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of the Agreement and the breach remains un-remedied after thirty days of the Client being notified by Maybe* of the breach and of Local High Street Rewards intention to terminate unless the breach is remedied.

7.2 Maybe* will not tolerate Clients being rude or offensive or otherwise abusing the Maybe*’s Service in any way and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Maybe*’s discretion).

7.3 Where the Client has contracted for our Services directly from Maybe*, we will automatically continue to supply services on a monthly basis unless otherwise instructed by you the Client.

 

7.4 The contract is 30 days in duration, to terminate the Client should give 30 days notice to terminate the Service by emailing us at localrewards@maybetech.com.

 

7.5 With regard to the Website/App Content after cancellation of Services please note all Client data will be destroyed after 6 months from cancellation.

  1. Warranty given by Maybe*

8.1 Maybe* undertakes to use reasonable skill and care in providing the Service as described on the Website/App.

  1. Disclaimer and Limitation of Liability

9.1 The Client uses the Service at its own risk and in no event shall Maybe* be liable to the Client for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Maybe* negligence) including, but not limited to, loss of profits, loss of contracts, change in Clients business circumstances, business interruptions, loss of or corruption of data or the Client’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.

9.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Maybe* becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Maybe*’s negligence) or otherwise, will not exceed the total charges paid by the Client in the one month preceding such liability arising.

9.3 The Client must make every effort to secure their Client’s name and Passwords, and should not under any circumstance disclose their Client’s name and Password details to a 3rd party or by an email request. Maybe*, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website/App or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.

9.4 It is the Clients responsibility to maintain an up to date Browser, firewall or anti-virus and anti-spyware software. The Client must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software providers.

 

9.5 Maybe* cannot guarantee 100% uptime and endeavour’s to provide Services as described on the Website/App.

9.6 Maybe* is not responsible for third party mistakes or external delays and will not accept delay in payment to us from you as a result of such circumstances.

9.7 Maybe does not exclude potential liability for compensation for an infringement of data subject’s fundamental rights and freedoms where it might be a controller of data or a processor working with other such parties or performing a task on behalf of another controller who may be a party to this agreement in accordance with UK data protection law.

9.8 Such potential liability referred to in section 9.7 will not be acknowledged or accepted should Maybe demonstrate that the fault of such an infringement of the fundamental rights and freedoms of the individuals concerned is not of its making or where compensation has previously been paid.

  1. Force Majeure

10.1 Maybe* shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

 

10.1.1 act of god, pandemic, explosion, flood, tempest, fire or accident; weather.

 

10.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of 3rd parties against agreed commitments including postal delivery services.

  1. Statutory Information

This website is owned and operated by:

Maybe Solutions Limited

Registered office at

Unit1, Cheadle Orchard,

Oldfields,

Shropshire

TF9 3RW

 

  1. Privacy

See Privacy Policy.

  1. Assignation

13.1 Maybe* shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.

  1. General

14.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website/App and of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website/App, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.

 

14.2 Failure or delay by Maybe* in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

 

14.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

Local Rewards Terms and Conditions

  1. By registering to become a member of the Local High Street Rewards Loyalty Programme and by participating in the Programme, you confirm that you have the legal capacity to agree to the following Programme’s Terms & Conditions (“Terms”), and agree to these Terms, as well as the other rules, policies, and procedures of the Programme posted or otherwise provided by Local High Street Rewards.

    Please read and understand these Terms carefully before joining the Programme.

    1. Overview

    Local High Street Rewards is a loyalty programme that allows you to collect points in return for spend in participating locations. These points can then be redeemed for rewards offered by our member locations.

    2. Membership

    Eligibility: You must be at least 16 years of age, and have the legal capacity to agree to these Terms and conditions to become a Member.

    How to Join: You may register to become a Local High Street Rewards Loyalty Programme Member by completing the application process in Messenger. Members agree to provide all necessary registration information required, and ensure provided information is accurate.

    Creating Your Account Password: When setting up your account, it is important that you create a complex password consisting of a minimum of 8 characters and that you ensure that you do not share your password with others. Both of these measures are your responsibility.

    Unauthorized use of account: You are solely responsible for protecting your Loyalty account from unauthorized use. If the password to your Loyalty account is lost or stolen, or someone else is using the account on your behalf with or without your permission, then available Loyalty points may be used by anyone, and you are solely responsible for protecting them from this unauthorized use. If a reward that was assigned to your Loyalty account is used in a manner that was not authorized by you, or is lost or stolen, Local High Street Rewards will not replace the reward or the points used to earn the reward.

    Updating Your Account Information: When setting up your account, you are responsible for providing the correct email address to receive important information and notification by email and to ensure proper accounting of your account loyalty credit. Each Member is responsible for maintaining accurate and updated personal information.

    Account Deletion: You may contact localrewards@maybetech.com Customer Service at Local High Street Rewards for assistance with cancelling your membership in the Programme and to remove your details from the Programme. If you delete your Loyalty account membership your accrued points and any issued but unused Loyalty will be forfeited and all your account details will be removed from Programme permanently.

    3. Programme provision, points and rewards

    A Loyalty member will earn 1 point for every £1 spent at participating locations. Points can be accumulated in order to build up a larger total.

    Once you have earned enough points, the reward will be available for you to redeem via the Local High Street Rewards Messenger bot. Here you can check your points total and view available rewards.

    Points awarded are generally viewable in your Loyalty account immediately after 72 hours. If it has been more than 72 hours and your points are not available, please get in touch at localrewards@maybetech.com.

    Loyalty points and loyalty rewards are not redeemable for cash and have no financial value.

    Loyalty points and loyalty rewards are not transferable to other members or other accounts.

    Loyalty points may not be combined among Members or conveyed by any means to anyone, including through a Member's estate, and may not pass to a Member's successors and assigns. Accrued points do not constitute property of the Member and are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.

    Local High Street Rewards reserves the right to offer additional Programme benefits or decline to offer certain Programme benefits at any time in its sole discretion, with or without notice to you. This could include, for example, providing bonus points and other promotional offers and incentives available to select Members based on purchase activity, geographic location, Programme participation, other information supplied by Members, or other criteria established by Local High Street Rewards. In all cases, however, once a reward has been issued, the reward will remain available for redemption by the Member for the redemption period.

    Local High Street Rewards Loyalty Members may, at Local High Street Rewards sole discretion, be given access to special events and be invited to participate in exclusive offers for Local High Street Rewards  Loyalty Members (such events and offers are referred to herein as “Member Reward Offers”).

    Programme rewards

    All rewards offered are subject to the individual terms and conditions offered by the the reward provider. Local High Street Rewards takes no responsibility for the availability of individual rewards or individual terms and conditions.

    4. Emails, Notifications and Privacy - see privacy statement below.

    5. Changes to Programme Terms

    Membership in the Programme and Programme benefits are offered at the sole discretion of Local High Street Rewards, which reserves the right to terminate, change, limit, modify, or cancel the Programme or any Programme terms, rules, regulations, benefits, or conditions of participation at any time.

    We reserve the right, at our sole discretion, to change, modify, add or remove any or all portions of these Terms or any other rules, regulations, FAQs, guidelines or other information pertaining to the Programme at any time. The revisions to the Programme that we may make include, but are not limited to, the following: (i) increasing or decreasing the points required to earn Loyalty Points or the rate at which Loyalty Points can be earned; (ii) changing the categories or value of Loyalty Points that can be earned; (iii) changing the methods or eligibility requirements of becoming a Member; (iv) changing the methods or requirements for earning points or redeeming Loyalty points ; or (v) instituting or adding blackout dates for earning or redeeming Loyalty Points.

    If these Terms change in the future, we will let you know by posting updated terms on Local High Street Rewards website, with the most recent modification date. Any changes or modifications will be effective immediately upon posting and you waive any right you have to receive special notice of such change.

    In the event of Programme cancellation, unless otherwise determined by Local High Street Rewards in its sole discretion, issued and unused Loyalty will remain available for redemption by the Member for the 60 day redemption period, and all accrued points will be forfeited as of the cancellation date.

    6. General Terms

    Abuse of the Programme, including exploitation of IT vulnerabilities, earning points or rewards or any other Programme benefits in unlawful manner, and including failure to abide by these Terms, the sale or transfer (or the attempted sale or transfer) of Loyalty, points, or promotional offers, and any misrepresentation of fact or other improper conduct as determined by Local High Street Rewards in its sole discretion and judgment may result in cancellation of a Member's Loyalty account and future disqualification from Programme participation, forfeiture of all points accrued, and cancellation of previously issued but unused Loyalty.

    Local High Street Rewards reserves the right to report any unlawful use and abuse of the Programme for prosecution to the relevant authorities.

    By participating in the Programme, you agree to release Local High Street Rewards and its related, affiliated, parent or subsidiary companies, franchisees, and their respective, directors, managers, officers, employees and agents (collectively, the “Released Parties”) from any and all liability with respect to the misdirection or misuse of any points or Loyalty or the use of any Loyalty by an individual other than the Loyalty Member who earned the reward. By participating in the Programme, you further agree to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to your participation in the Programme, use of Loyalty, or agreement to these Terms. The Released Parties make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to Local High Street Rewards Loyalty Programme, membership in Local High Street Rewards Loyalty Programme, or any products or services related to Local High Street Rewards  Loyalty Programme.

    Any Member chooses to use the Programme at its own risk and in no event shall Local High Street Rewards be liable for any direct, consequential, incidental or special damage or loss of any kind including, but not limited to loss of money, damage to Member’s good name, Member’s identity theft, Member’s usage information theft, however caused, including negligence or otherwise except as expressly provided herein.

    The Programme is owned and managed by Maybe Solution Limited. For any additional information you can get in touch with us at localrewards@maybetech.com.

    Date: 15th September 2020

    The Maybe* Retail loyalty Scheme Privacy Statement

      1. When you choose to become a member of the loyalty program and you reside in the UK, your personal data will be processed in accordance with UK data protection law. The legislation includes but is not limited to;

      2. The Data Protection, Privacy and Electronic Communication Regulation (UK-GDPR);

      3. The General Data Protection Regulation (679) 2016 (EU-GDPR);

      4. The Privacy and Electronic Communications Regulation (PECR);

      5. The Data Protection Act 2018.

      6. If you reside outside of the UK, your data protection rights will be upheld in accordance with your national laws;

      7. Maybe* is the data controller of such information you may provide when you become a member of the scheme in accordance with the GDPR;

        1. Maybe* may work with other organisations when providing membership services, in these instances it may be a data processor as defined in the GDPR;

        2. Other organisations may therefore be controllers of your personal data and will process that data in accordance with their policies;

    8. The eight data subject rights will be upheld unless there is a legal provision or obligation, they include;

    8.8.1 The right to be informed;

    8.8.2 The right of access;

    8.8.3 The right to erasure of the right to be forgotten;

    8.8.4 The right to restrict processing;

    8.8.5 The right to question automated decision making;

    8.8.6 The right to rectify inaccurate information;

    8.8.7 The right to portability of data.

    8.8.8 Further details of these rights can be found in section 7 of this notice.

    8.8.9 The principles of the GDPR and how Maybe* upholds them is detailed in the data protection policy, in particular;

    8.8.10 Maybe* ensures that its processing is fair, proportionate and transparent;

    8.8.11 That the purposes for processing are strictly for the provision of membership services unless otherwise notified;

    8.8.12 That only the data required to provide the services is processed;

    8.8.13 That the data provided by the member is accurate and continues to be so wherever possible;

    8.8.14 Data is only retained for as long as is necessary to provide membership and to uphold any legal obligations;

    8.8.15 All data is processed with adequate physical and technical security, which is regularly reviewed, and risks mitigated;

    8.8.16 Maybe* can demonstrate it is accountable for the data is may process as a data Controller;

    8.8.17 Maybe* has appointed a Data Protection Officer to oversee and ensure fair processing of all personal data;

    8.8.18 Data processed to provide membership services will be processed using contractual obligation as the lawful grounds;

    8.8.19 Some data may be processed with the consent of the member;

    8.8.20 Some data may be processed using the legitimate interest of Maybe* or another data controller;

    8.8.21 Data may be shared using the lawful grounds for processing detailed in sections 1.8 and 1.9 and where a data sharing agreement is in force;

    8.8.22 Maybe* does not intend to process special categories of data that may identify a member;

    8.8.23 If processing is undertaken in accordance with section 6.8.21 it will only be processed with explicit consent or on rare occasions a Data Protection Act 2018 exemption;

    8.8.24 International transfers of data are made to countries that have adequate standards of data protection in accordance with the EU GDPR;

    8.8.25 Where transfers are made to a third country, necessary safeguards are used to ensure the data subjects’ fundamental rights and freedoms are upheld;

    8.8.26 Safeguards referred to in section 6.8.24 include but are not limited to EU standard contractual clauses;

    8.8.27 Such safeguards referred to in section 6.8.25 are used on a case by case basis and only after the assessing the standards of national data protection law;

    8.8.28 Member, current, prospective and lapsed may lodge a complaint about the processing of their data by Maybe with the Information Commissioner’s Office (ICO) who regulates data protection in the UK. (www.ico.org.uk/concerns)

    8.8.29 This privacy notice may be updated from time to time and published in the public domain.

Maybe* Prize Draw Terms and Conditions

  1. Maybe*’s prize draw competitions are open only to residents of Great Britain at the time of the competition opening. Failure to comply with any part of this clause will disqualify the respective entry from the competition.
  2. All entries must be received by 30th December 2020 (GMT time).
  3. Each entrant shall enter the prize draw via Facebook and Facebook Messenger. Obscene or inappropriate entries will not be accepted and Maybe* reserves the right to reject any entries for any reason at its sole discretion.
  4. The winners will be selected at random by Maybe* judges. The decision is final
  5. The winning prize is £500 Facebook advertising and 12 months Engage Pro platform access to Maybe*
  6. The promoter will not be liable for any failure of receipt of entries. The promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
  7. To the extent permitted by applicable law, the promoter's liability under or in connection with the prize draw competition or these terms and conditions shall be limited to the value of the prize in question.
  8. To the extent permitted by applicable law, the promoter shall be liable under or in connection with these terms and conditions, the prize draw competition or any prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
  9. Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
  10. In the event of unforeseen circumstances beyond the promoter's reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the prize draw competition or these terms and conditions, either in whole or in part, with or without notice.
  11. The promoter's decision is final. No correspondence will be entered into.
  12. Copyright in all entries shall be owned by the promoter.
  13. These terms and conditions and the competition prize draw are governed by English law and subject to the non-exclusive jurisdiction of the English courts.
  14. Promoters  Maybe*