Terms and conditions

General terms of use for Vodafone Loyalty Cards (“Loyalty Card Plugin”)

1. “Loyalty Card Plugin” and your acceptance to use “Loyalty Card Plugin”

1.1 “Loyalty Card Plugin” is provided to you by bluesource – mobile solutions GmbH, Softwarepark 35, 4232 Hagenberg i.M., Austria (“bluesource” or “we” or “us”).

1.2 The role of Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RG14 2FN (“Vodafone”) is limited to the promotion of the “Loyalty Card Plugin” and those obligations detailed at clause 5 of these general terms of use. Any other obligations owed to you under this agreement relating to the “Loyalty Card Plugin” are owed by bluesource, and not by Vodafone.

1.3 BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. If you choose not to agree with any of these terms, you may not use “Loyalty Card Plugin”.

2. Using “Loyalty Card Plugin”

2.1 The smartphone application “Loyalty Card Plugin” enables you to create and save your loyalty cards on smartphones and to use them for digital identification.

2.2 To benefit from “Loyalty Card Plugin”, you need to install the application on your smartphone through the Vodafone Wallet and Vodafone Updates website and register your loyalty and club cards with the data required. Even the entry of a loyalty or club card ID/number for the specific card is sufficient to create it.

2.3 To use “Loyalty Card Plugin”, you must be 16 years old or more, or an emancipated minor, or possess legal parental or guardian consent, and be able to enter into these terms. You may not be located in a country that is subject to any EU, UK and/or U.S. Government embargo, or that has been designated by the EU, UK and/or U.S. Government as a “terrorist-supporting” country, and that you are not listed on any EU, UK and/or U.S. Government list of prohibited or restricted parties.

3. Rights

3.1 bluesource grants you a limited, non-exclusive, non- transferable and non-sublicensable right to use this application “Loyalty Card Plugin” in the latest version including updates and other features subject to these terms of use. The right of usage shall expire upon the termination of the legal relationship.

3.2 bluesource and their licensors own all proprietary rights in “Loyalty Card Plugin”. You will not have any right to “Loyalty Card Plugin” apart from the right to use “Loyalty Card Plugin” in line with these terms. You are not allowed to modify, copy, disassemble, reassemble, distribute, publish, reverse engineer, build a derivate or duplicate the application, its components, services or features. You are only allowed to use “Loyalty Card Plugin” for your own benefit and you are not allowed to make the application available to third parties. The use of “Loyalty Card Plugin” for commercial purposes is prohibited.

3.3 Nothing in these terms affects any legal rights you have as a consumer. For more information about your legal rights contact your local consumer advisory body.

4. Cost

4.1 Downloading or accessing the “Loyalty Card Plugin” will use data, for which your existing agreement with Vodafone (or your mobile phone provider, if not Vodafone) for data usage will apply. Vodafone will not charge you for data used to download or access the “Loyalty Card Plugin” within the United Kingdom. If you access the “Loyalty Card Plugin” whilst travelling outside of the United Kingdom, you may incur browsing, downloading and other data charges at the standard data rates when travelling outside of the United Kingdom.

5. Your Information

5.1 You will have already completed the registration process in relation to your use of the Vodafone Wallet, Vodafone will then anonymise your Vodafone Wallet ID number (this is the unique number we give to your Vodafone Wallet account) and will share this with bluesource.

5.2 bluesource will collect information from you in relation to the loyalty and membership cards that you upload to the “Loyalty Card Plugin” and then subsequently access, and link this to your anonymised Vodafone Wallet ID number. bluesource will then share this information with Vodafone. Therefore Vodafone will understand when you open the “Loyalty Card Plugin” and which card you access, Vodafone will not know if you have used your card during a transaction, nor will they know the value of that transaction.

5.3 Vodafone will process your personal data in accordance with its own Privacy Policy. You can see Vodafone’s Privacy Policy here: www.vodafone.co.uk/about-this-site/our-privacy-policy/index.htm

5.4 If you choose to receive Vodafone marketing, Vodafone will contact you in relation to targeted offers, coupons and adverts that relate to your use of the application.

5.5 Please note that data transfer via the internet (e.g. communication via email) may entail security risks. Absolutely secure protection of the data against third parties is not possible.

5.6 On termination or your deletion of the “Loyalty Card Plugin”, all of your data will be deleted.

5.7 You must notify us immediately of any breach of security or unauthorised use of your mobile phone. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses caused to us or others due to such unauthorised use.

6. Ending or changing “Loyalty Card Plugin”

6.1 You can stop using “Loyalty Card Plugin” at any time. bluesource or Vodafone may suspend, end or change “Loyalty Card Plugin” immediately for any reason, including where repair or maintenance work is needed. We may add new features from time to time and have no obligation to offer any particular features via “Loyalty Card Plugin”. We can withdraw “Loyalty Card Plugin” at any time.

7. What we are not responsible for

7.1 bluesource provide “Loyalty Card Plugin” on an 'as is' basis for your personal use only. Not all “Loyalty Card Plugin” services will work with all mobile equipment – you will need to check that your mobile equipment is compatible with the “Loyalty Card Plugin” before you register. bluesource and Vodafone will in no event be responsible for any loss or damage that bluesource, Vodafone or you could not reasonably expect or is out of bluesource and Vodafone’s “Loyalty Card Plugin” control. bluesource and Vodafone will also not be responsible for:
a) any loss or damage arising as a result of any content which you upload, store or share;
b) any content or services provided by a third party. To clarify, all offers and other services which may be accessed by using the “Loyalty Card Plugin” constitute third-party content;
c) any breaches by you of the terms and conditions in relation to any content and services provided by a third party;
d) any loss or damage that bluesource, Vodafone or a reasonable user of “Loyalty Card Plugin” could not reasonably expect or a reasonable user could have avoided or reduced by being careful or taking reasonable steps;
e) any loss of, or corruption to, your content or other data if that loss or corruption is not caused by us or is out of our reasonable control; or
f) other websites which are not in the sphere of influence of bluesource or Vodafone. bluesource and Vodafone does not control those websites, is not responsible for the content provided thereon and cannot be held liable therefor or deemed the agent or auxiliary person of the websites’ operators.

7.2 For any questions about services provided through “Loyalty Card Plugin” by a third party, please contact the relevant service provider via the details that they have provided.

8. Application and amendments

8.1 In order to be eligible for some specific services of "Loyalty Card Plugin", you may have to download software or content and/or have to agree to additional terms of use (hereinafter "additional conditions"). The use of specific features – especially those, which require an approval of additional conditions – can be limited to specific users and/or user groups.

8.2 bluesource reserves the right to adjust these terms of use to new legislation, technology, services or amend them for other reasons. If, due to modifications of the terms of use, your interests could be compromised, you will receive two weeks’ notice by the contact method indicated upon registration (email, SMS, IM etc.). After the lapse of two weeks from serving the notice, the use of “Loyalty Card Plugin” and its services will be subject to the amended terms of use. If you do not agree with the modifications, you must cease using “Loyalty Card Plugin” immediately. If you are still using “Loyalty Card Plugin” after the two weeks’ notice of the amendments, this shall be seen as implicit approval of the amended terms of use.

8.3 If any of these terms cannot be enforced by any court or other authority we will delete it from these terms and it will not affect the rest of the terms.

8.4 We may allow another person to perform any of our obligations under these terms on our behalf. You agree that we may transfer our rights and obligations under these terms to another Vodafone company. If we transfer our rights and obligations to any other third party, we will let you know.

8.5 These terms and “Loyalty Card Plugin” will be governed by the laws of England and Wales. Any disputes will be dealt with by courts of England and Wales subject to any applicable law which provides a different jurisdiction for you as a consumer.