Legal

THESE TERMS AND CONDITIONS APPLY TO XENIA REWARDS WEBSITE AND MOBILE APPLICATION (COLLECTIVELY THE “PLATFORM”), SERVICES AND TOOLS REGARDLESS OF HOW YOU ACCESS OR USE ANY OF THEM.

XENIA REWARDS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE AGREEMENT.

All reference to the ‘Xenia Rewards’ refers to Xenia Rewards, its staff, employees, subcontractors, agents, and representatives. 

THE TERMS AND CONDITIONS CONTAINED HEREIN APPLIES TO ALL ACCOUNTS CREATED THROUGH ALL THE BUSINESS PARTNERS OF XENIA REWARDS. USERS OF XENIA REWARDS ARE BOUND, AS A CONDITION OF CONTINUED USE OF THE PLATFORM, TO COMPLY WITH THE RULES SET OUT BELOW. 

Xenia Rewards reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding for you. Because these Terms are binding upon you in connection with any use he/she makes of the Site at any time, you should regularly check for changes or relevant e-mail notifications before proceeding to use this platform.

The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.

THE SERVICE

Xenia Rewards is a platform that provides a medium for businesses to offer reward programs and communicate offers and promotions to their Customers through text messages. By using this service, you understand that Xenia Rewards is not responsible for the validity of offers, promotions, and campaigns (collectively referred to as “loyalty scheme or reward”) advertised through the Xenia Rewards platform and that the Business that makes any advertisement bears the sole responsibility of fulfilling such offers. 

You understand that fulfilling loyalty scheme or reward lies solely with the Business that has created such offer, and we do not make any guarantee regarding your eligibility for a loyalty scheme or reward program or your eligibility to participate in an offer that has been advertised through the Xenia Rewards platform.

It is understood that participating businesses are solely responsible for fulfilling rewards, the goods or services, and any related product/service description, sale, supply, delivery, customer enquiry, after-sale care or complaint and for any offers and the terms and conditions associated with them. Your participation in any loyalty scheme or Rewards may be subject to additional terms and conditions between you and the Business Partner. We are merely a facilitator of the service and do not personally offer rewards of any sort neither do we influence how our business partners carry out their loyalty scheme or Rewards program.  

To Stop using this service:  To stop the subscription and stop receiving offers from a specific business, simply text STOP to the last SMS you received. This will not mean that you have unsubscribed from other business offers and programs. To completely stop using this service, please contact us at info@xeniarewards.com 

1. ELIGIBILITY

To use this service, 

1. You must be at least 18 years of age, or above the legal local age to access and use the Service. Any use of the Service is void where prohibited. 
2. By accessing and using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms of this Agreement. 
3. You must not have an old account with us or have been suspended from using this service.
4. Only one account may be created and operated by an individual. You may not create an account on behalf of any person for any reason whatsoever. 
5. You will be required to provide us with a phone number to use this service. You warrant that you own the phone number you provide to us.
6. In the event a business stops working with Xenia Reward platform, you understand that you will not be eligible for any reward that you may have been awarded by Xenia Rewards.

If any User is found to be abusing the system, Xenia Rewards has the right to automatically unsubscribe them without prior notice and ban their numbers from the campaign. We do not have any obligation to provide any information about the reasons that led us to take such action. If an account is terminated for any reason whatsoever, all the rewards and offers that have been made available shall be void with immediate effect.

2. CLIENT ACCOUNTS

If you become a registered user, you should provide true, accurate and complete registration information and, if such information changes, you should  promptly update the relevant registration information. 

During registration, you will be provided with a user name and a password (an “Account”), which may permit you access to certain areas of the Platform not available to non-registered users. You should change the password during your first visit. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately about any breach of security or unauthorized use of your Account.

By providing us with personal identifiable information, you consent to us accessing, processing, and retaining any information you provide to us. 

3. SUBSCRIBER ACCOUNTS

By using the Xenia Rewards platform, you are providing us with personal identifiable information, and therefore you consent to us accessing, processing, and retaining any information you provide to us. Xenia Rewards will record and maintain a record from all the exact times of the visits along with the location of the tablet and the potential amount spent during the visit associated with a phone number. 

You agree to notify us immediately about any breach of security or unauthorized use of your Account.

4. ACCOUNTS AND RIGHTS

1. You can ask Xenia Rewards to provide all the information relevant to you by submitting a request to data@xeniarewards.com.

1. You have the right to request Xenia Rewards to permanently delete all data associated with a specific phone number by submitting a request to data@xeniarewards.com.

1. In the event of any of the above requests, Xenia Rewards reserves the right to ask the subscriber to validate that they are the legal owners of the number.

1. Our Privacy Notice explains how we collect, use, disclose, transfer and store your information and sets out your rights to your information. 

1. Xenia Rewards reserve the right to make updates to the Privacy Policy and notify promptly the clients for crucial changes.

5. ACCESS AND USE

Access to the Platform including, without limitation, the Platform Content, is provided for your information and personal, non-commercial use only. When using the platform, you agree to comply with all applicable laws and regulatory provisions including, without limitation, copyright law. Except as expressly permitted in this Agreement, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Platform Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. 

We always appreciate your feedback or other suggestions ideas, improvement about Xenia rewards, but you understand that we may use them and you hereby grant us all rights to such suggestions or the content of any communication you may send to us without any obligation to compensate you for them (just as you have no obligation to offer them).

Furthermore, except as expressly permitted in this Agreement, you may not:

• remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Platform or Platform Content;
• circumvent, disable or otherwise interfere with security-related features of the Platform including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or Platform Content;
• use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Platform or Platform Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Platform Content from the Platform for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Platform Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• collect or harvest any personally identifiable information from the Platform including, without limitation, user names, passwords, email addresses;
• solicit other users to join or become Users of any commercial online service or other organization without our prior written approval;
• attempt to or interfere with the proper working of the Platform or impair, overburden, or disable the same;
• decompile, reverse engineer, or disassemble any portion of the Platform;
• use network-monitoring software to determine the architecture of or extract usage data from the Platform;
• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as “Account” is defined below without permission, etc.) ;
• affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform, or from advertising, linking or becoming a supplier to us in connection with the Platform;
• engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.

Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement. Should you notice any suspicious activity, foul communication, campaign on this platform, please contact us at info@xeniarewards.com as soon as possible.

6. INTELLECTUAL PROPERTY RIGHTS – TRADEMARKS

The trademarks of Xenia Rewards are proprietary to Xenia Rewards and may not be used by you for any reason other than as expressly permitted by these terms. All Platform content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Xenia Rewards. 

Any other use of materials on the Platform, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Xenia Rewards, is strictly prohibited.

You acknowledge that Xenia Rewards and/or third-party content providers remain the owners of all Platform materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with this Agreement. Xenia Rewards may discontinue or remove the Platform, or any portion thereof, or discontinue your right to use the Platform, or any portion thereof, at any time.

As between you and Xenia Rewards, you own all content that you submit to Xenia Rewards. You grant Xenia Rewards and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, or use such content for its own benefit or for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” in your content. 

7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We provide users and viewers with the opportunity to register for special promotions, services, newsletters, and information delivered via text messaging, electronic mail and other wireless devices such as mobile phones. By providing this service, users consent to receive such information from us, either by registering on this Platform or via the Xenia Rewards terminals. Such services and promotional opportunities are provided by us or other third parties. The information requested as part of the online registration process is a user’s telephone number or an email address, but only if specifically requested. Optional information may be requested in specific cases or for specific promotions, such as a user’s preferences regarding goods or services, or other similar survey information. 

Under no circumstances will we be responsible for any email or text message content you receive or charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate the offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Platform.

8. PLATFORM CONTENT & THIRD PARTY LINKS

We provide the Platform including, without limitation, Platform Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Platform for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Platform Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Platform Content.

The Platform may contain links to other Platforms maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Platforms. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Platforms or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Platform.

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Platform, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or that may arise in connection with: (i) your access to or use of the Platform; (ii) User Content provided by you or through the use of your Account; (iii) any actual or alleged violation or breach by you of this Agreement; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.

DISCLAIMERS

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR USE OF THE CONTENTS FROM OUR BUSINESS PARTNERS, OR THEIR WEBSITE OR THEIR CAMPAIGN AND WE HAVE NOT AFFILIATION WITH SUCH WEBSITES. YOUR INTERACTIONS WITH BUSINESSES PROVIDED THROUGH OUR PLATFORM IS SOLELY YOUR RESPONSIBILITY. 

XENIA REWARDS IS UNDER NO OBLIGATION TO INTERVENE BETWEEN YOU AND ANY BUSINESS IN THE EVENT OF ANY DISPUTE BUT MAY AT ITS SOLE DISCRETION MAY INTERVENE ON SPECIAL OCCASIONS. 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XENIA REWARDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

XENIA REWARDS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XENIA REWARDS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICE OFFERED OR PROVIDED BY VENDORS OR REQUESTED BY CLIENTS THROUGH THE USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY VENDOR.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XENIA REWARDS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

10. TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Platform for any reason including platform misuse, miss-payment, negative attitude, aggressive, bullying, offensive, threatening, fraudulent acts, without limitation or if you have failed to comply with the terms of this Agreement in any way. You agree that the Platform, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Platform.

In the event of termination of your account, all accompanying offers and rewards shall be void and you may not use this service again. The provisions of this Agreement which by their nature should survive the suspension or termination of your Account or these Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.

11. FORCE MAJEURE 

We will not be liable for failure to perform any part of our service if such failure is as a result of a force majeure event or acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.

12. CHOICE OF LAW, JURISDICTION AND VENUE

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: BY USING THE SERVICES, YOU AGREE THAT PRIMARILY DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

This Agreement shall be construed in accordance with English law. Any legal proceedings against the Platform, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Platform or this Agreement shall be brought exclusively in the courts of England and Wales and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

This Agreement (including the Privacy Policy and any Additional Terms incorporated by reference) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between us with respect to such subject matter.

You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent from our side will be null and void and of no force and effect. We may assign this Agreement or any rights hereunder without your consent and without notice.

The content of the contract signed between the Company and the Client shall apply herein mutatis mutandis in case of conceptual gaps.

For more information concerning complaint enquires or questions about your use of our Platform, please contact us at: info@xeniarewards.com.