1. INTRODUCTION: Welcome to our HSS Loyalty Platform and HSS Mobile App (the “App“). This App is connected to our HSS Loyalty Platform and is published by or on behalf of Horizon Software Solutions Ltd. (“We” or “Us“ or “HSS”) a company registered in England and Wales under company number 05750041 whose registered office at BOOTH STREET CHAMBERS, ASHTON UNDER LYNE, LANCASHIRE, OL6 7LQ, UK.
The purpose of this Agreement is to set the terms and conditions under which, among other things, we will license to You use the App and/or services such that You can utilise through your mobile device.
HSS Loyalty Platform was created to recognise and reward the loyal users. As part of the HSS Loyalty Platform, members have access to structured commercial content, QR code scanner, special personalised offers and can earn Rewards. These Terms and Conditions (“Terms”) apply to your participation in the HSS Loyalty Platform and use of the App.
2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or (c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law. You agree to indemnify Horizon Software Solutions Ltd. and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Horizon Software Solutions Ltd. or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Horizon Software Solutions Ltd.’s express permission. The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Horizon Software Solutions Ltd. or its group companies or third party partners of Horizon Software Solutions Ltd.. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Horizon Software Solutions Ltd. or the relevant group company or the relevant third party partner of Horizon Software Solutions Ltd.
4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Horizon Software Solutions Ltd. may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Horizon Software Solutions Ltd. does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) HORIZON SOFTWARE SOLUTIONS LTD. DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN HORIZON SOFTWARE SOLUTIONS LTD. AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
Horizon Software Solutions Ltd. will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF HORIZON SOFTWARE SOLUTIONS LTD. IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO TEN POUNDS STERLING (?10.00); Nothing in these Terms shall be construed as excluding or limiting the liability of Horizon Software Solutions Ltd. or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. 7. SERVICE SUSPENSION: Horizon Software Solutions Ltd. reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Horizon Software Solutions Ltd., is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
9. COMPETITIONS: If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Horizon Software Solutions Ltd. from time to time (“Competition Rules“) and by the decisions of Horizon Software Solutions Ltd., which are final in all matters relating to the Competition. Horizon Software Solutions Ltd. reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
10. IN-APP VOUCHER CODES: Any in-app voucher codes issued by Horizon Software Solutions Ltd. may only be used in accordance with our Terms and Conditions.
11. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Horizon Software Solutions Ltd. concerning your use of the App.
Horizon Software Solutions Ltd. reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Horizon Software Solutions Ltd. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. Horizon Software Solutions Ltd.’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Horizon Software Solutions Ltd. in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Horizon Software Solutions Ltd. and its group of companies.
12. CONTACT US: You can contact the Horizon Software Solutions Ltd. team at Horizon Software Solutions Ltd. Venture House, Arlington Sq Downshire Way, Bracknell, RG12 1WA, UK, telephone +44 (0) 7495 185844, email: email@example.com
II. What information we collect
1. Information you give us
1.1 Information that is necessary for the use of the HSS Platform. We ask for and collect the following personal information about you when you use the HSS Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services. Account Information. When you sign up for HSS Mobile Apps, we require certain information such as email address. 1.2 Information you choose to give us You may choose to provide us with additional personal information in order to obtain a better user experience when using HSS Platform. This additional information will be processed based on your consent. Profile Information. You may choose to provide additional information as part of your HSS profile (such as your first name, last name, date of birth, gender, phone number, city and country). Marketing consent to receive information by email, Push notifications, Facebook and/or SMS Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your HSS membership account, respond to surveys, participate in promotions, or use other features of the HSS Platform. 1.3 Information that is necessary for the use of the Payment Services The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services: Payment Information. To use certain features of the HSS Platform (such as booking or purchasing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via external Payments provider).
3. Information We Collect from Third Parties HSS may collect information, including personal information, that others provide about you when they use the HSS Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the HSS Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
Third Party Services.
If you link, connect, or login to our HSS Mobile Apps with a third party service (e.g. Google or Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings at that service. Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. III. How we utilise information We strongly believe in both minimising the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services we are obliged to provide, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include: Delivering, improving, updating and enhancing HSS Platform and the Services we provide to you. We collect various information relating to your use and/or interactions with HSS Platform.
We utilise this information to:
IV. How you can access, update or delete your data
To easily access, view, update or delete your personal data (where available), or to update your subscription preferences, please sign into our HSS Mobile Apps and visit “Membership” screen. If you are unable for any reason to access your Membership account details, you may also contact us by one of the methods described in the “Contact Us” section below and if you request us to do so, we will remove your personal data from our servers maximum within 30 (thirty) days.
V. How we secure, store and retain your data
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate. We retain personal data only for as long as necessary to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. If you have any questions about the security or retention of your personal data, you can contact us at firstname.lastname@example.org.
VI. Transfer in the Event of Sale or Change in Control.
We may transfer information, including your personal information, in connection with a merger, sale, reorganization, acquisition or other change of ownership or control by or of Horizon Software Solutions Ltd. or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before their information becomes subject to different privacy and security policies and practices.
VII. Parent control
To download, install, access or use the HSS Mobile Apps, you must be 16 years of age or over. If you are under 16 and you wish to use, download, install, access or use the App, you must get consent from your parent or guardian before doing so. A note for parents concerning privacy: HSS Mobile Apps and the App Store is for a general audience although age gating may be set by the relevant App Store based upon information we provide when we submit the App to the relevant App Store. The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit http://www.google.co.uk/safetycenter/families/start/basics/ to learn more about parental control tools.
IX. Contact us