Terms & Conditions
Popin Social Limited
Terms and Conditions of Use (the Terms)
1. Introduction
This is an agreement between Popin Lifestyle Limited (“Popin”, the “Company”, “We”, “Us”, “Our”), the owner and operator of popin.social (the “Site”), the Popin app software providing its mobile application (the “Service” or “App”) and you (“you” or you), a user of the Service. BY CREATING A POPIN ACCOUNT (“Account”), OR OTHERWISE USING THE SERVICE IN ANY MANNER WHATSOEVER YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND POPIN’S PRIVACY POLICY, WHICH CAN BE FOUND AT https:// popin.social/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE.
These Terms constitute an agreement establishing the legally binding terms you must accept to use this Service. We reserve the right to modify, amend or change these Terms at any time. In certain circumstances, we may notify you of a change to the Terms via email or other means. However, you are responsible for regularly checking this page for any changes. Each time we make a modification, amendment or change, we will indicate at the top of this page the date of the most recent version. Our Terms will always be found on https://popin.social/terms Your continued access or use of the Service after the date of any such changes become effective constitutes your ongoing consent and acceptance of any changes, and as a result, you will be legally bound by the updated Terms.
You should therefore regularly check this page for updates. If you do not accept a change to the Terms, you must stop accessing or using our Service immediately.
Further, we reserve the tight to change the availability of features in our Service or adjust the pricing for our Service (or any portions thereof) in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any prices changes will take effect following notice to you.
If you do not accept and agree to be bound by all of these Terms, and to check this page from time to time to ensure you aware with any changes, you must not use the Service.
REGISTRATION PROCESS
In order to gain access to the Service, you will be asked to sign-up to the App and complete a brief manual registration, or you can create an Account by using various online third party services, such as social media and social networking services (e.g. Instagram or Facebook login details) (“Social Networking Services”). By logging in or directly integrating these Social Networking Services, we make your online experience richer and more personalised. If you create an Account using these details, to take advantage of these features and capabilities, you authorise us to access, display and use certain information from your Social Networking Services (e.g. profile picture, location, and information about Facebook friends) and we may use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Popin’s use, what information we use and how we use, store and disclose information related to you and your use of such services within Popin, please see our Privacy Policy.
You will be required to register with Popin and provide certain information in order to activate a membership or otherwise access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy. The manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Popin will have no liability or responsibility for the practices or other actions of any third party site or service that may be enabled within the Service. Popin is not responsible for any accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Popin is not liable for any damages or loss caused or alleged to be caused by or in connection with use of or reliance of any such Social Networking Services.
All applications will be considered, however, we reserve complete control and discretion regarding who is granted membership to the app.
Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur under your account. You agree to (a) immediately notify Popin of any unauthorised use of your password or account or any other breach of security; (b) keep your information current and accurate at all times; (c) ensure that you exit from your account at the end of each session when accessing the Service; and (d) implement the necessary security safeguards on any device you use to access the Service. In addition to the disclaimers and limitations set forth below, Popin will not be liable for any loss, injury or other damages arising from your failure to comply with this Section.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.
2. The Service
The Popin App is a social network providing a curated news feed combined with a loyalty platform for independent hyper-local businesses that aims to better digitally connect businesses with their customers via an easy-to-use system (together the “Services”).
These Services are made available free of charge to the customer and for a monthly charge to the venue.
We do not guarantee that the Services or the App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Services for business and/or operational reasons.
3. Changes to the Site, Services or App
We may update and change our Site, App or the Services from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason at our discretion.
4. Privacy
We take your privacy seriously. All personal data collected and processed by us in connection with the Site, the App or the Services, shall be handled strictly in accordance with our privacy policy, a copy of which can be viewed here: https://www.popin.social /privacy-policy.
Please note that as an integral part the Services we are required to share your details with venues who support the Popin Service (“Venues”). These details will include (i) all information contained in your user profile; (ii) your Stamps statement; (iii) your global Popin status; and (iv) details of your previous use of the Services at that Venue. By using the App and the Services, you consent to us disclosing your information to Venues in this way. If you do not wish us to disclose your information to Venues, please do not use the App or the Services.
5. Your use of the Services
5.1. Licence
5.1.1.Popin gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the App and the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Popin, in the manner permitted by the Terms.
5.1.2.The rights in the App and the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the App or the Services.
5.2. Sign up / Log-in
5.2.1.In order to use the Services you will be required to sign up through the App. You may sign up using an email and password or by logging-in through certain 3rd party sites (such as Facebook or Google). Once you have signed in for the first time, your credentials will be saved to your device and you will be automatically logged-in in the future unless you have signed out in the meantime.
5.2.2.You must maintain a strong password and take reasonable measures to protect the security of your login information. Therefore, you must treat your log-in password as confidential and not disclose it to any third party.
5.2.3.We have the right to disable any user identification code or password, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.2.4.If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at feedback@Popinapp.com.
5.3. Collecting stamps and Rewards through the App
5.3.1.By using the App, checking into Venues upon a purchase you will accrue stamps (“Stamps”) to your Popin account. Stamps will accumulate and move you up tiers. Dependent on the loyalty scheme set up by the venue, you will either receive a reward on completion of a tier (“Reward”) subject to the conditions of the particular Offer or as an ongoing benefit for being within that tier (“Benefit”) (or both). Stamps can be lost through inactivity if you do not visit the Venue again within a certain time period set out by the Venue. Stamps may require a minimum spend to be collected as set out by the venue.
5.3.2.If you consider that your Stamps balance has not been updated accurately, please promptly notify us at feedback@gopopin.co.uk with the details and any evidence you may have in support (i.e. receipts from the relevant Venue). Popin will use reasonable efforts to verify the position and, if it considers (in its sole discretion) that an error has been made, amend your Stamps balance accordingly.
5.3.3.If you wish to redeem a Reward you may do so by clicking the ‘claim’ button on the App, which will allow you to notify your claim to the Venue. You should then approach the Venue personnel directly to complete the process.
5.4. Venue News Feed
5.4.1.Venues will post offers and news to users of the Services via the App. Posts will be viewable in a personalised news feed for each venue the user follows. You can choose to follow or unfollow venues as you wish. Popin does not take responsibility for content published on the news feed and these are generated directly by the venue. Should you believe there is anything posted which is inappropriate or misleading please promptly notify us at feedback@gopopin.co.uk with details and we will use reasonable efforts to investigate and rectify.
5.4.4.Venues are solely responsible for honouring any Offers they have made through the App. However, if you consider that a Venue has failed to honour an Offer made to you, please promptly notify us at feedback@gopopin.co.uk with the details and any evidence you may have in support. Popin will use reasonable efforts to verify the position and to suggest (in its sole discretion) an appropriate resolution such as an amendment of the Stamps balance or an alternative Offer
5.4.5.Venue and Offer images are for illustrative purposes only and may differ from the actual product.
5.5. Functionality and Settings
5.5.1.In order for you to enjoy the full benefit of the Services, the App requires certain functions of your device to be operational. In particular, if you are using the App for the purposes of a Stamp the Popin NFC technology requires that your Bluetooth function is activated while you are in a Venue and that during your stay your device is connected to the internet by way of a mobile or WIFI network. The App will also access certain of your device’s functions in order to provide the Services. For examples, Google Maps will be accessed in order to provide you with directions to Venues.
5.5.2.You may disable the App’s access to your device through the device’s ‘settings’ function, but please note that by doing so you may materially impact the performance of the App our ability to provide the Services.
5.6 Push Notifications
5.6.1. We may provide you with emails, text messages, push notifications, alerts and other messages related to the App/the Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at info@gopopin.co.uk
5.6.2. As noted in 5.5.1 above, the App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location.
5.7. User Interactions
5.7.1. The Company is not responsible for the conduct of any user or any experience at any Venue attended through the service. You are soley responsible for your interactions with others through the service. This includes, but not limited to, interactions through the App, text conversation, in person interactions with those you meet through the Service and your attended at any Venue promoted, hosted, or otherwise made available to you through the Service. You understand and acknowledge that the Company does not conduct checks on its users or Venues. The Company makes no representations or warranties as to the conduct, background or fitness of its users or Venues. The Company has no involvement in the Venues and is not responsible for your experience at any Venue.
5.8 User Content
5.8.1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, display or otherwise make available on the Service or transmit to other Users or Venues, including, but not limited to.
Messages, status updates, texts, photographs, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post as part of the Service, or transmit to the Company or any user or Venue, any offensive, inaccurate, misleading, abusive, profane, threatening, intimidating, harassing, racially offensive, disrespectful, sexually explicit, exploitive, overtly and repeatedly self-promotional or commercial, or illegal material, or any other material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentially, privacy and publicity). You represent and warrant that (a) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false. Although the Company does not generally monitor content and is not responsible for content posted on the App, we reserve the right to delete any content, in whole or in part, that in our sole judgement we believe violates the Terms or otherwise may materially negatively impact users’ experience on the App or harm the reputation of the Service or the Company. Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) responds to your requests for customer service or allow you to use the Service in the future; and (e ) protect the rights, property or personal safety of the Company or any other person. You agree that any content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as Venues).
5.8.2. The Company reserves the right to investigate, suspend or terminate your account if it is believed, in the Company’s sole discretion, that you have misused the Service or acted in a way the Company regards inappropriate, including actions or communications occurring outside the Service or prior to membership to the Service.
6. Our Rights
All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the content (excluding content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Popin. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, content (excluding content, if any, provided by users of the Services) and related material are reserved.
7. Support
You may contact Popin for support in connection with the App or the Services by emailing us at feedback@gopopin.co.uk.
8. Third Party Links
Where our Site or the App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
9. Warranties and Liability
9.1. Your access to and use of the App and the Services is at your own risk. You understand and agree that the Services are provided to you on an "as is" and "as available" basis.
9.2. Without limiting the foregoing, Popin disclaims to the maximum extent permitted by law any warranties,
representations (other than fraudulent misrepresentation), guarantees or conditions, whether express or implied.
9.3. Popin makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content. Popin will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or the App. Popin makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9.4. We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services, or on any website or application linked to it.
9.5. We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
10. Restrictions on Use
As a condition of your use of the Site, Services and/or the App, you agree:
· not to use the Site or the App for any purpose that is harmful or unlawful under any applicable law or prohibited by these terms and conditions;
· not to use the Services in any way that damages the Services or use by other users;
· not to use the Services in any way to interfere with, disrupt, or negatively affect the Services or our Services’ networks
· not to use the Site or the App to commit any act of fraud;
· not to use the Site or the App to distribute viruses or malware or other similar harmful software code;
· not to use the Site or the App for purposes of promoting unsolicited advertising or sending spam;
· not to use the Site or the App to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
· not to use the Site or the App in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
· not to use the Site or the App in any manner that harms minors;
· not to promote any unlawful activity;
· not to use the Site or the App to gain unauthorised access to or use of computers, data, systems, accounts or networks;
· not to use another users’ account; and
· not to attempt to circumvent password or user authentication methods.