Terms and conditions
1. Introduction
LEFT loyalty is an online social marketing automation software service (SaaS) to easily turn online communication into new business. With LEFT loyalty you can publish your brand’s story to social media from a centralized spot. Anyone interacting with your content is captured and stored as a behavioral profile, no matter where that interactions takes place. By posting and activitely engaging in conversations, users can redirect their social audience to a landing page where people can claim an offer in return for personal details. By setting marketing and loyalty automation rules, people get enrolled in personalized email or SMS drip campaigns to activate them, convert them to new customers or reward loyalty. During this process our users get great insights about what content, which channel and what actions drive results.
These are the terms and conditions of use for LEFT loyalty (the “Terms”). Please read these Terms and our Privacy Policy carefully as they describe your rights and obligations as a user of LEFT loyalty (“User”/”you”: a natural person or legal entity wishing to use and gain access to LEFT loyalty or wishing as a supplier to provide content for it).
2. Acceptance of Terms
By using the LEFT loyalty website in any way whatsoever, for instance via leftloyalty.com, via API, via various top-level domains as well as sub domains, or via other (mobile) media, you accept being bound by these Terms. We may revise the Terms and information contained on the LEFT loyalty website at any time and without notice. Each time you use the LEFT loyalty website you will be bound by the then current Terms and our Privacy Policy. Please review these Terms and our Privacy Policy each time you access and use the LEFT loyalty website to satisfy yourself that you are happy with them.
Terms and conditions
1. Introduction
LEFT loyalty is an online social marketing automation software service (SaaS) to easily turn online communication into new business. With LEFT loyalty you can publish your brand’s story to social media from a centralized spot. Anyone interacting with your content is captured and stored as a behavioral profile, no matter where that interactions takes place. By posting and activitely engaging in conversations, users can redirect their social audience to a landing page where people can claim an offer in return for personal details. By setting marketing and loyalty automation rules, people get enrolled in personalized email or SMS drip campaigns to activate them, convert them to new customers or reward loyalty. During this process our users get great insights about what content, which channel and what actions drive results.
These are the terms and conditions of use for LEFT loyalty (the “Terms”). Please read these Terms and our Privacy Policy carefully as they describe your rights and obligations as a user of LEFT loyalty (“User”/”you”: a natural person or legal entity wishing to use and gain access to LEFT loyalty or wishing as a supplier to provide content for it).
2. Acceptance of Terms
By using the LEFT loyalty website in any way whatsoever, for instance via leftloyalty.com, via API, via various top-level domains as well as sub domains, or via other (mobile) media, you accept being bound by these Terms. We may revise the Terms and information contained on the LEFT loyalty website at any time and without notice. Each time you use the LEFT loyalty website you will be bound by the then current Terms and our Privacy Policy. Please review these Terms and our Privacy Policy each time you access and use the LEFT loyalty website to satisfy yourself that you are happy with them.
We may translate these Terms, our Privacy Policy or any information that may be published from time to time on the LEFT loyalty website into other languages for your convenience. The English language version is the version that governs your use of the services owned and operated by LEFT loyalty and in the event of any conflict between the English language version and a translated version, the English language version will control.
3. Information about us
LEFT loyalty, is a Dutch company having its registered office in Amersfoort, De Brandt 22, the Netherlands, listed in the Trade Register of the Chamber of Commerce under file number 62009036. If you have any questions about these Terms or our Privacy Policy, please contact us at [email protected].
4. Access to LEFT loyalty
Access to the LEFT loyalty website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the LEFT loyalty website without notice. We will not be liable if for any reason the LEFT loyalty website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the LEFT loyalty website, or entire website, to Users. In order to gain access to the LEFT loyalty website you can apply for an account with an access code in the manner as described on the website. LEFT loyalty reserves the right to refuse or block an account without stating the reasons. You must keep the access code strictly secret. Any use of the code will be attributed to you. If LEFT loyalty has established or reasonably suspects that unauthorized third
parties are using or can use the access code or if you inform LEFT loyalty of such a use, LEFT loyalty will immediately block access to the database. LEFT loyalty will inform you as soon as possible of the unauthorized use and the blocking via a digital message. After the blocking LEFT loyalty will provide you with a replacement access code as soon as possible.
5. Use by minors and User identity
The use of the LEFT loyalty website by minors under the age of 16 is subject to the consent of their parent or guardian. It is impossible for LEFT loyalty to determine with any degree of certainty whether any User is in fact the person he or she represents to be. Accordingly, LEFT loyalty accepts no liability for the actual identity of any User. You are solely responsible for verifying the actual identity of other Users.
6. LEFT loyalty website changes
7. Information about you and your visits to LEFT loyalty
We process information about you in accordance with our Privacy Policy. By using LEFT loyalty, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all those whose personal data have been
disclosed, for such processing of their personal data.
8. Right of use
LEFT loyalty hereby grants to you the non-exclusive, non-transferable right and you hereby accept this right to use LEFT loyalty via a website, whether or not via a web interface, for an indefinite period of time and under conditions further detailed below.
You can manage your own account. Depending on the user settings messages will be sent to you. LEFT loyalty reserves the right to place content on the LEFT loyalty website which might be aimed at certain profiles. You acknowledge and accept this functionality of LEFT loyalty. You agree and accept that LEFT loyalty may send you service messages regarding updates, new features, etc., by e-mail. You will fully comply with specific user instructions or restrictions announced or still to be announced by LEFT loyalty.
You will make sure that your contact information is up to date so that we can contact you at any time.
9. Uploading material to LEFT loyalty
Whenever you make use of a feature that allows you to upload material to the LEFT loyalty website, or to make contact with other Users, you must comply with all applicable laws and our Content Standards (see section 12 below). You warrant that any such contribution does comply with all applicable laws and with our Content Standards (see section 12 below), and you indemnify us for any breach of that warranty.
Any material you upload to the LEFT loyalty website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the LEFT loyalty website constitutes a violation of their intellectual property rights, or of their right to privacy.
10. Restricted uses
You may use the LEFT loyalty website only for lawful purposes. You may not use the LEFT loyalty website: In any way that breaches any applicable local, national or international law, regulation or guidelines.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. For the purpose of harming or attempting to harm minors in any way.
To send, upload, download, use, re-use or knowingly receive any material that does not comply with our Content Standards (see section 12 below).
To sell, lease, share, transfer, or sublicense any of our content (including but not limited to profiles created and tracked by our system) or access to any content, directly or indirectly, to any third party, including any recruiter, data broker, salesperson, or advertising-related entity.
Use any of our content for any of the following: generating messages, promotions, offers, or mass messages;
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Send emails to individuals and entities that you do not have any relationship with. You may only send emails to individuals and entities that either:
gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
gave you the permission within the prior 12 months; or
you sent them a promotional email, which was not objected to, within the prior 12 months
gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
such sale or negotiations occurred within the previous 12 months; or
Send emails to purchased, rented or 3rd party lists, even if the people on the list have “opted in” Use an email unsubscribe process outside of LEFT loyalty.
Send emails with anything offensive, to promote anything illegal or harass anyone, including but not limited to: Pornography or other sexually explicit emails
Emails offering to sell illegal substances Emails that violate the CAN-SPAM law
Send emails that are not directly related to event promotion the event that you are promoting through LEFT loyalty. Among others, you may not use LEFT loyalty to send and promote:
Illegal goods or services. Escort and dating services Pharmaceutical products
Work from home, Internet Lead-gen, Make money on online opportunities, etc. Online trading, day trading tips, or stock market related content
Gambling services, products or gambling education Multi-level marketing
Affiliate marketers
Credit repair, get-out-of-debt content Mortgages and/or Loans
Nutritional Supplements, Herbal Supplements or Vitamin Supplements Pornography or nudity in content
Adult novelty items or references in content List brokers or List rental services
11. Anti-Spam and Abuse Related Rules
LEFT loyalty uses the definition of SPAM as defined by Spamhaus, as explained on their website http://www.spamhaus.org/definition.html
The first line of the Spamhaus definition reads:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
It is a major concern to us if you use LEFT loyalty to send any unsolicited email to anyone with whom you have no relationship, including an entire list of people you don’t know. If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company and from LEFT loyalty, and they will request that LEFT loyalty shuts down your account. LEFT loyalty will therefor closely monitor all email activity for hard bounces and spam reports. If you generate above-average spam (more than 1 percent) and bounce complaints (more than 3 percent), we will immediately suspend your account and contact you to investigate what is going on. If at that point you cannot deliver us the evidence that your email campaign follows our terms of service, we will permanently block you from using LEFT loyalty.
12. Email Opt-In and Opt-out policy
Opt-out policyBy law you are obliged to always include an unsubscribe link in any emails you send with LEFT loyalty. LEFT loyalty
automatically includes this link for you and you are obliged to keep it inside your email campaign. Failure to do so will result in immediate suspension of your account.
UnsubscribersYou may not send email again to people that unsubscribed from your list – this is called Spamming. LEFT loyalty will automatically remove unsubscribers from your mailing list, protecting them from any unwanted emails. You may not in any way, manually or programmatically, add those unsubscribers again to any of your list or send them new emails.
If you are somebody that received an unwanted email from a User sent through LEFT loyalty, you can always click the unsubscribe link at the bottom of the email. This will make sure you are immmediately unsubscribed for any future emails of that User. If you find there is no unsubscribe link available in the email, we kindly ask you to report that abuse by forwarding the email to our support team.
Opt-in policyTo avoid spam and reduce unwanted sign-ups for any mailing list, LEFT loyalty only accepts sign-up forms that implemented a double opt-in policy. This means that after a user, customer or visitor filled out the sign-up form for a newsletter, he or she will receive an email from LEFT loyalty to verify and confirm their sign-up. You agree that you will always follow a double opt-in policy. The sign-up forms provided by LEFT loyalty use a double opt-in, so we strongly suggest you to use these.
13. Right to Review Emails and Email Drip Campaigns
LEFT loyalty, including our employees and independent contractors, are permitted to copy and transmit copies of the content from your email and email drip campaigns to develop algorithms, heuristics and computer programs (“Tools”) to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Users who violate either these Terms of Use or applicable law.
14. Content Standards
These content standards apply to any and all material which you contribute to the LEFT loyalty website (“Contributions”), and to any interactive services associated with the LEFT loyalty website (“Content Standards”).
You must comply with the spirit, as well as the letter, of the following standards. The standards apply to each part of any Contribution as well as to its whole. Contributions must:
Be accurate (where they state facts);
Be genuinely held (where they state opinions); and
Comply with applicable law in any country from which they are posted. Contributions must not:
Contain any material which is defamatory of any person; Breach the data protection or privacy rights of any person;
Promote sexually explicit material; Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person; Be likely to deceive any person;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal activity;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; Be likely to harass, upset, embarrass, alarm or annoy any other person;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or Advocate, promote or assist any unlawful act.
15. Paid-for services
LEFT loyalty charges fees for different paid-for services and these are published on the LEFT loyalty website (“Priceplans”).
All applicable paid-for services fees are due to LEFT loyalty even if a marketing activity/campaign is cancelled or postponed and are charged in the currency from where the booking is made.
Premature notice of termination or temporary inaccessibility of paid-for services or reduced paid-for services being available will never entitle Paid Users to any refund of (a part of) amounts already paid, including refunds of credits packages bought by Paid Users.
16. Priceplans, credits, payment, refunds and chargebacks
LEFT loyalty provides different Priceplans which are based on a monthly recurring payment. Priceplans may change and LEFT loyalty will inform users 1 month in advance.
Paying Users are always allowed to end, upgrade or downgrade their Priceplan at any time. Downgrades and cancellations (‘ending’) will be effective at the end of the monthly payment period of the priceplan. Upgrades will be effective immediately. When ending your
Priceplan, the data you have entered in our system will remain in our system and any credits left in your account will be disposed of. Payment is solely on credit card base and according to our priceplans. Our payment processor is PCI Level 1 compliant, and will carry out payment.
LEFT loyalty will send invoices and priceplan changes confirmations by e-mail only.
Regarding offers, it is the responsibility of the User to communicate its refund policy to its Customers.
If a Customer desires to request a refund for any claimed offer, Customer must request the refund from the Organizing Use and not from LEFT loyalty.
All communications and disputes regarding refunds in connection with offers made available via LEFT loyalty are between the User and its Customer(s) and LEFT loyalty will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds
17. Intellectual property
The copyrights and any other intellectual property rights including the rights to databases and trademarks with regard to the content placed on LEFT loyalty are exclusively vested in LEFT loyalty and/or its suppliers or licensors.
In respect of all material that you submit to or post on the LEFT loyalty website, you grant to LEFT loyalty a worldwide, irrevocable, non-exclusive, free of charge licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
Without the prior written consent of LEFT loyalty you will not in any way wholly or partly disclose, reproduce or provide to third parties the content from (the database of) LEFT loyalty.
18. Liability
The material on the LEFT loyalty website is provided ‘as is’ and without any guarantees, conditions or warranties as to its accuracy. In connection with its activities LEFT loyalty depends (partially) on the cooperation, services by and supplies from third parties over which LEFT loyalty has little or no influence. LEFT loyalty will never be liable for any loss arising from the agreement between the User and LEFT loyalty or its breach regardless of whether the damage is caused or becomes evident during or after the agreement with LEFT loyalty.
Any liability of LEFT loyalty for any other form of loss is excluded, including any form of indirect loss such as punitive damages, compensation of consequential loss, loss of or damage to data and loss due to lost sales or profits.
Neither will LEFT loyalty be liable for losses as a result of inaccessibility, incompleteness, inaccuracy or out-dated content on the LEFT loyalty website nor for the content supplied by third parties.
19. Term and termination
This agreement is effective for an indefinite period of time. You are entitled at any time to cancel your account or terminate the agreement with LEFT loyalty.
Any party is entitled to dissolve a paid-for service including paid-for credit package with immediate effect via a registered letter without any further notice of default and without any prior judicial intervention being required if:
the other party applies for a moratorium; the other party has been declared bankrupt; the other party is a legal entity and is dissolved;
the control of or the decisive vote in the business operations of the other party transfers to a third party.
20. Suspension and termination due to breach of Terms
We will determine, in our discretion, whether there has been a breach of the Terms through your use of the LEFT loyalty website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use the LEFT loyalty website, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the LEFT loyalty website.
Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the LEFT loyalty website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
21. Disposal & encumbering of rights/obligations
LEFT loyalty is allowed without your prior explicit consent to dispose of and/or encumber the rights and/or obligations under this agreement provided the rights and obligations under this agreement continue to remain effective.
22. Linking to LEFT loyalty
You may link to the LEFT loyalty website via the home page and publicly accessible pages only provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The LEFT loyalty website must not be framed on any other site, nor may you create a link to any part of the LEFT loyalty website other than the home page or publicly accessible pages. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards (see section 12 above).
23. Links from LEFT loyalty
Where the LEFT loyalty website contain links to other sites and resources provided by third parties, these links are provided for your information only. LEFT loyalty has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
24. Other provisions
LEFT loyalty is entitled to use the services and/or products of third parties in performing this agreement.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. Jurisdiction and applicable law
This Agreement is governed by Dutch law.
26. Your Concerns
If you have any concerns about material which appears on the LEFT loyalty website, please contact us at [email protected].