Terms

Last Updated: February 1, 2017

0. Terms

By accessing this web site and smartphone application, you are agreeing to be bound by these web site and smartphone application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site and smartphone application are protected by applicable copyright and trade mark law and all links shall be considered as affiliate links, where GoingPremium may receive money from affiliate partners based on user behaviour. All content shall be considered as sponsored or commercial content. By providing your email, your are also accepting that GoingPremium are allowed to send you emails.

1. Definitions

The "APP" means the software provided by us to offer services related to us and you.

"Content" means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components;

"End User" means an individual user who installs and/or uses the APP;

"Equipment" means the items to be provided by us to you under the relevant Subscription Plan, however when referred to under the terms of Termination, Equipment shall be deemed to exclude any item(s) which have been fully paid for by you;

"Intellectual Property Right(s)" means:

  • (i) all inventions, whether patentable or not, all improvements thereto and derivatives thereof, and all patents and patent applications;
  • (ii) all registered and unregistered trademarks, service marks, trade names, trade dress, logos and registrations and applications for registration thereof;
  • (iii) all copyrights in copyrightable works, all other rights of authorship, including without limitation moral rights, and all applications and registrations in connection therewith;
  • (iv) all trade secrets and confidential business and technical information (including, but not limited to, research and development, know-how, proprietary knowledge, financial and marketing information, business plans, formulae, technology, engineering, production and other designs, drawings, engineering notebooks, industrial models, software and specifications);
  • (v) all rights in databases and data compilations, whether or not copyrightable; and
  • (vi) all copies and tangible embodiments of any or all of the foregoing (in whatever form, including electronic media);

"Loyalty Log" means the record book accessible via the APP [and/or End User Account] specific to each End User which records such End User's scans and redeems at each Business

"Business" means the Partner's Business or other chosen area which will be participating in the GoingPremium service;

"Partner" means you as a retailer or other organisation using the APP to provide End Users with a GoingPremium service;

"Partner Materials" means any Content provided or used by a Partner in connection with the APP, including that which a Partner adds to any part of the Site;

"Subscription Plan" means the subscription plan on the Site selected by the Partner setting out further terms upon which the Partner will be provided with Equipment and services and to which this Agreement applies;

"GoingPremium service" means the scheme under which the Partner will provide discounts and/or other promotional offers and rewards as it deems fit to End Users in acknowledgement of their loyalty to its brand by using its goods and/or services;

"GoingPremium Technology" means our Web site at GoingPremium.dk and proprietary APP and any other products and services provided by us therein or in connection thereto for use on the internet, mobile phone and/or any other current or future platform or media (whether owned by us or licensed by us) including, but not limited to, software and tools provided by us to the Partner which enable the implementation and administration of the APP in connection with the GoingPremium Technology;

"Third Party Content" or "TPC" means any third party Content and technology that is offered, distributed or promoted in or from the GoingPremium Technology;

"Trade Marks" means any and all trade marks which belong to GoingPremium Limited whether or not such trade marks have been formally registered with the Intellectual Property Office or any other such formal body;

"Web site and qeb service" means http:\\www.GoingPremium.com or service provide by http:\\www.GoingPremium.com.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on GoingPremiums web site and smartphone application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on GoingPremiums web site and smartphone application;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by GoingPremium at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on GoingPremiums web site and smartphone application are provided "as is". GoingPremium makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GoingPremium does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site and smartphone application or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall GoingPremium or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, points, redeems, vouchers, or other data due to business interruption, faulty software or faulty or damaged databases,) arising out of the use or inability to use the materials on GoingPremiums Internet site, even if GoingPremium or a GoingPremium authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

By accepting these terms you also accept to receive email, messages, cupons and offers from GoingPremium or any of our partneres and pcoketpoints regsistered retailers.

Point registration, Redeem of punchcard and vouchers, Voucher QR code scanning, POunchcard QR code scanning or other QR code scanning , push messages, marketing messages or other communication between partner end customer is the sole responsibility between retailer and customer, and GoingPremium can not be held accountable for any content nor loss of data.

In no event will we, our licensors, officers, directors, employees or agents be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the APP, the Site and/or the iPad(s) including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the APP or accessing the Site.

Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the APP. The APP and software are provided "as is" and "as available" without warranty of any kind.

By using the Site and/or the APP, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms of Service.

We do not represent that any material on the Site and/or the APP is appropriate for use in locations other than theDenmark and will not be liable for any losses incurred as a result of such use. If you choose to access the Site and/or the APP from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.

By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service outwith those detailed as per this Agreement.

We make no warranty that the contents of the Site and/or the APP are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site or obtained by using the APP. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site and/or obtained via the APP is at your own risk.

We have taken every care in the preparation of the content of the Site and the APP, however we cannot guarantee uninterrupted and totally reliable access to the Site, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and/or obtained via the APP and will accept no liability for any loss or damage arising as a result of problems with access.

We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site and/or obtained via the APP.

Certain (hypertext) links in the Site and/or available by use of the APP may lead to other websites, which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control.

We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the Terms of Service imposed by the third-party provider.

Your correspondence or participation in promotions, or business dealings with End Users, advertisers or our trade partners found on or through the Site or the APP, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such End Users, advertisers or trade partners. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, or as the result of the presence of such End Users, advertisers or trade partners on the Site or obtained via use of the APP.

We may suspend the Site and/or operation of the APP or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.

We reserve the right to alter these Terms of Service from time to time by posting new Terms of Service on the Site. Your continued use of the Site and/or the APP (or any part thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the Site and the APP with immediate effect.

If any provision of this Agreement is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of this Agreement shall not be affected.

All liability is excluded to the maximum extent permitted by law including any implied terms.

The exclusions of liability set out in this Agreement shall not apply to any damages arising from death or personal injury caused by our negligence, or any of our employees or agents.

Nothing in this Agreement shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.

Any failure or delay by us to enforce any term(s) of this Agreement shall not be considered a waiver by us of our right to enforce such term or condition of this Agreement.

5. Revisions and Errata

The materials appearing on GoingPremiums web site and smartphone application could include commercial, marketing, technical, typographical, or photographic errors. GoingPremium does not warrant that any of the materials on its web site and smartphone application are accurate, complete, or current. GoingPremium may make changes to the materials contained on its web site and smartphone application at any time without notice. GoingPremium does not, however, make any commitment to update the materials.

6. Links

GoingPremium contains affiliate links that links to partners content or products. GoingPremium may receive money from those third party content or product suppliers based on the users activity on the GoingPremium web site.

As a consequence of the affiliate partners links presence on GoingPremium web site, all content shall be seen as promotional or sponsored content, and wilol enot be considered as objective content.

GoingPremium has not reviewed all of the sites linked to its Internet web site partners and can not be held responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by GoingPremium of the site. Use of any such linked web site and smartphone application is at the user's own risk.

7. Site Terms of Use Modifications

GoingPremium may revise these Terms of Service of use for its web site and smartphone application at any time without notice. By using this web site and smartphone application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

We may immediately suspend the Your (or Partner) Account or terminate this Agreement and disable your (partner) access to the Site and use of the APP in relation to your (or partner) GoingPremium service, in any one of the following instances:

if the You (or Partner):

  • (1) breaches any obligation, representation and/or warranty contained in this Agreement;
  • (2) engages in any acts prohibited by this Agreement;
  • (3) engages in any action that, in our sole discretion, reflects poorly on us or otherwise disparages or devalues our reputation or goodwill
  • (4) becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency, or suffers or permits the commencement of any form of insolvency, administration or receivership proceeding, or has any petition under bankruptcy, insolvency or administration law filed against it, which petition is not dismissed within thirty (30) days of such filing, or has a trustee, administrator or receiver appointed for a material portion of its business or assets. If the Partner becomes subject to any of the events described in this Clause (4) it shall immediately notify us in writing; or
  • (5) if we reasonably determine that it is commercially impractical for us to continue supporting the APP and the GoingPremium Platform under the terms of this Agreement as a result of legal, business or technical considerations.

Upon the termination of this Agreement for any reason: (a) all rights and licences granted hereunder by each party shall cease immediately; (b) we will not be liable to the Partner or any third party for termination of this Agreement or termination of the Partner's access to the GoingPremium Technology, APP or Partner Account. Upon any termination or suspension, any Partner Materials or information which is related to the Partner Account may no longer be accessed by the Partner. Furthermore, we will have no obligation to maintain any information stored in its data centres related to the Partner Account or to forward any information to the Partner or any third party;

8. Governing Law

Any claim relating to GoingPremiums web site and smartphone application shall be governed by the laws of the State of Denmark without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of Web Site and App.

9. Intellectual Property

The copyright and all other Intellectual Property Rights in the material contained on the Site and the APP (other than Partner Materials), together with the website design, images and source code, belongs to us and all rights are reserved.

You warrant that you are the owner, or alternatively that you have obtained the necessary consent(s) from the owner(s), of all and any material that you post on the Site.

You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site or via the use of the APP in accordance with the Agreement.

You warrant that you will neither (a) resell, transfer or provide to any other person the use of or access to the Site, or the APP; nor (b) allow any other person access to any password, user ID or account information held by you in connection with the Site, iPad(s) or the APP.

We, our group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the APP, Web site or Web service, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.

We will not be responsible for any support or maintenance for the APP.

10. Mobile Provider

You acknowledge that the Terms of Service of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the APP. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the APP or any such third party charges as may arise. You accept responsibility for any such charges that arise.

11. Availability

This APP is available to handheld mobile devices running Apple iOS and/or the online dashboard via a web browser. We will use reasonable efforts to make the APP available at all times. However you acknowledge the APP is provided over the internet and mobile networks and so the quality and availability of the APP may be affected by factors outside our reasonable control.

We, [our group of companies] and sub-contractors do not accept any responsibility whatsoever for unavailability of the APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.

We will not be responsible for any support or maintenance for the APP.

12. System requirements

You acknowledge that in order to use the APP, a compatible handheld device, internet access, and the necessary minimum specifications is required ("Software Requirements").

In addition to requiring access to a web browser, the Software Requirements are as follows: Apple iOS devices running iOS 6 or later; Language: Danish, English.

The version of the APP software may be upgraded from time to time to add support for new functions and services.