Please read the following terms carefully

Welcome to the Maybe* - 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* is a social media management platform that takes the guesswork out of delivering results from social media. It enables clients to engage with their customers, benchmark against their competitors, build audiences for marketing, and encompasses an online loyalty program connecting consumers and businesses via card linking delivered through social media platforms. ("the Service"). “Local 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 acknowledgment. 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, www.localrewards.chat, and all subdomains

"Local  Rewards" means the web services offered by Maybe* including access to card linking loyalty, 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 that enables card linking to take place.

“Card linking” means the ability for your business to be linked with card processors inc but not limited to VISA, MasterCard, and American Express (AMEX)

Social media platforms” means the connecting of your social media accounts to the service.

"Qualifying Transactions" means card transactions made via the client's payment terminal by registered Local  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 merchants acquiring transaction details.

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

2 Service provision

2.1 The Maybe* Local  Rewards Service offers the opportunity to be part of an innovative, town and city-wide loyalty program delivered via Facebook Messenger and WhatsApp designed to reward customers for spending with businesses and encourage them to spend more money with your business using card linking (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 at 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  Rewards to track Qualifying Transactions at the Clients business. For the avoidance of doubt, only Qualifying Transactions will be tracked.

3 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.

4 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.

5 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*

6 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.

 7 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.

8 Warranty given by Maybe*

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

9 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.

10 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.

11 Statutory Information

This website is owned and operated by:

Maybe Solutions Limited

Registered office at

Unit1, Cheadle Orchard,

Oldfields,

Shropshire

TF9 3RW

 

12 Privacy

See Privacy Policy.

13 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.

14 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.

To view the Terms and Conditions for consumers use of Local Rewards click here.