Terms & Conditions
Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read carefully. Let us know if have any questions.
Devbox AB, organization number 559105-9679, registered in Sweden (Devbox, DotLoyalty, we, us, our) is an e-business company that provides a Service (The Service, Service, DotLoyalty.com, .loyalty) through which an individual or business entity can purchase, pay and deliver gifts or vouchers of value to a recipient with a personal message. The individual or business entity that signs an agreement with DotLoyalty is the “User” whereas the individual that receives the gift is the “end-user”.
We’re pleased to make our Service available to you. The Service includes social and interactive features containing options for data registration, data handling, marketing, analytics and statistics.
In order to use the Service, you need to be the proprietor of a business or be appointed as an employee with the power to enter a binding contract with us, and are not barred from doing so under any applicable laws in the country where the business is registered or where DotLoyalty’s business entity is registered. You also warrant that any registration information that you submit to DotLoyalty is true, accurate and complete, and you agree to keep it that way at all times.
Gifts and/or vouchers will be delivered to the end-user via a delivery method chose by the User and provided by us. It is the responsibility of the User to specify the correct data to enable delivery. Any gift, voucher or content that fails to be delivered to the End-user as a result of incorrect data entry is the sole liability of the User.
3. Personalised message and content
DotLoyalty takes no responsibility for, and has no influence on, how any personalised content is designed. The User holds sole responsibility to ensure that any personalised content sent via DotLoyalty does not infringe upon, or break, any Rules, Regulations, Guidelines, Best practice or commonly prevailing standards for communicating with individuals whether by mobile, web or offline. The content should have a nice tone and must not contain language that may provoke, contain sexual, agitating, racist or other offensive references. DotLoyalty reserves the right to stop any gift, voucher, content, message or activity that, in its sole judgment deems to be in breach of this requirement and DotLoyalty can based on such a breach terminate any contract without refund or prior notice.
4. Description of products and content
Texts and pictures describing products or services sent as gifts or vouchers, are intended as far as possible to reflect the product or service in question. DotLoyalty reserves the right to present a general view of the gift and/or service, and the User agrees that there maybe some variation between the representation and the actual gift or service. Any variation between the actual gift service as described in the content sent by the User is the sole responsibility of the User and DotLoyalty shall have no liability where any deviation or misunderstanding occurs as a result.
5. Limitations of gifts and vouchers
In cases where a User has purchased a gift or voucher for a product or service, it is imperative to clearly acknowledge the validity of said gift or voucher to the End-user, so that the gift or voucher may be used or redeemed before the set expiry date and time. Details of the expiry date and time of a gift or voucher is stated in one or several of the following: a text message body, a landing page accessible through a link on a sent message or at the time of revealing a gift or voucher electronically. If a gift or voucher is being sent by mail, the expiration details will be printed in the documentation sent. Expiry details can, depending on type of delivery, be in text, numeric, QR or EAN format joint or respectively. All gifts have a total life time of 30 days from the time of the gift being sent. If a gift has not been revealed and redeemed within this time, the gift is null and void. Any gifts that have been opened and the code to redeem the gift made visible, needs to be redeemed within 48 hours from the code being generated, or the gift will be made null and void. DotLoyalty takes no responsibility, and is not liable for any unredeemed gifts or vouchers which have passed their expiry date or been lost in transit due to circumstances outside of DotLoyalty’s control.
6. Pick-up, redemption or use of gifts and/or vouchers
The End-user is responsible for redeeming gifts or vouchers in accordance with expiry dates and times, in order to benefit from the gift or voucher. The End-user will have varied options to redeeem a gift or voucher, depending on the vendor of the product or service, by either accessing the product or services online, redeeming it in-store physically or via a web shop or other means online. If the product or service is to be collected in a physical store, the End-user will need to provide an active code (QR, EAN or alpha numeric) via a mobile device, or printed, in order to redeem the product or service. A gift or product delivered via DotLoyalty can only be redeemed once, after which said code will be null and void. All purchases made by the User are final and non-refundable. In the case of services not yet rendered, but booked through a voucher, all queries and/or complaints regarding the service offered shall be aimed at the vendor in question. DotLoyalty holds no responsibility for damaged products or incomplete services towards the End-user.
7. Return and credit policy
The User is obliged to pay for all gifts and vouchers at the time of a code being generated for said gift or voucher and sent to the End-user, unless otherwise agreed in a separate agreement. Possible credits for failed deliveries that are not registered as failed by DotLoyalty, can be claimed by informing your personal sales representative or by emailing customer service stating which delivery failed and what the debited value was. DotLoyalty reserves the right to deny claims where DotLoyalty can prove that a gift or voucher has been delivered and/or redeemed through electronic tracking and/or via delivery partners. DotLoyalty operates a service consisting of codes sent electronically, that can be exchanged for products or services of monetary value. Each time a gift or voucher is chosen to be sent, this is a decision of purchase with a no refund policy accepted by the User unless otherwise agreed. DotLoyalty aims to make sure that the service and all possible claims of returns and/or credits will be handled objectively and in a timely manner, in accordance with local laws and regulations.
Should the User state that the Service provided by DotLoyalty has not met the expectations outlined via the Service website, terms or signed agreement, the User has the right to claim a refund of their monthly subscription fee. DotLoyalty will go through each claim with the User to assess any discrepancies in the Service versus the expectation of the User. DotLoyalty holds all rights to deny claims should it be clear that the Service has been fully functioning. Any query regarding credits, refunds, requests or our policy, please email: firstname.lastname@example.org or contact your sales representative directly.
8. Use of the service
The Service works in designated countries that are shown during registration. By default, the User is being registered with the DotLoyalty entity providing services in the country where the User is performing their registration. Products can be collected in designated stores, online or be shipped to addresses in those countries or where those online stores operate, which correspond to the currency set for the gift or voucher sent.
The End-user needs a mobile device which is network connected, and has the ability to show mobile adjusted webpages, to show the content created by the Service in order to redeem gifts or vouchers (unless said gift or voucher is sent via regular mail). If the End-user does not have this feature, it is also possible to type the link sent in the message, into a web browser through an other device in order to generate and show a code generated to redeem a gift or voucher. The code needs to be shown in participating physical stores or online, in a way where it can be automatically read or entered. DotLoyalty takes no responsibility for the technical devices or for any delay in receiving gifts that result from the use of suboptimal equipment by the End-user.
9. Handling personal information and data
DotLoyalty stores and uses personal information according to “the law of personal information”. The information will not be given to any third party without the written consent of the End-user as well as the User. DotLoyalty will not divulge any data that is being entered into the Service by a User to a third party, nor will DotLoyalty use that data for it’s own purposed unless approved by the User to do so in writing or by agreement. Data is being stored within the EU, where any data related to a specific recipient is saved for a maximum of 6 months, including message content and which number a message has been sent to. We comply with GDPR.
10. Approval of terms and conditions
Using the Service is deemed as an acceptance of these Terms and Conditions, and it is the sole responsibility of the User to inform their End-users of these terms and conditions when communicating with End-users regarding the Service.
11. Changes to these Terms
Occasionally we may, at our discretion, make changes to the User agreement. When we make changes to the Agreement, that we consider to be material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
12. General Terms
(i) Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and DotLoyalty agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
(ii) These Terms will continue to apply to all parties until terminated by either party in accordance with the Termination policy. DotLoyalty may terminate the Terms or suspend access to the Service at any time, including in the event of actual or suspected unauthorized use of the Service or non-compliance with the Terms. If the User or DotLoyalty terminate the Terms, or if DotLoyalty suspends access to the Service, the User agrees that DotLoyalty shall have no liability or responsibility to the User or End-users and will not refund any amounts that have already paid in any fees, to the fullest extent permitted under applicable law. To learn more about how to terminate your account, please contact us at email@example.com if your questions are not answered under “14. Termination”.
(iii) We endeavor to provide the best service we can, but all parties understand and agree that THE DotLoyalty SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. DotLoyalty DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, DotLoyalty does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. It is understood and agreed that DotLoyalty is not responsible or liable for any transaction between the User and third-party providers of Third Party Applications or products or services advertised on or through the Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from DotLoyalty, shall create any warranty on behalf of DotLoyalty in this regard. Some aspects of this section may not apply in some jurisdictions.
(iv) The User agrees that, to the extent permitted by applicable law, the sole and exclusive remedy for any problems or dissatisfaction with the Service, the Third Party Applications or the Third Party Application content is to uninstall (where applicable) any DotLoyalty related software and to stop using the Service, the Third Party Applications or the Third Party Application content.
(v) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DotLoyalty, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DotLoyalty HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO DotLoyalty DURING THE PRIOR THREE MONTHS IN QUESTION.
(vi) Nothing in these Agreements removes or limits DotLoyalty’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
13. Choice of law, mandatory and arbitration
Unless otherwise required by a mandatory law of a Users state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and DotLoyalty agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If the User wishes to terminate their account, they can do so through the Service by going into settings and choosing “Terminate account”, where the Termination will be confirmed through the Service as well as via email upon completion. End-users not wishing to receive messages of any sort from DotLoyalty or through the Service, can email their telephone number and/or email to: terminations @ dotloyalty.com and be placed on a permanent block from future communication. For Gold and Platinum partners, Termination can not be made through the service but must instead be sent in writing, via email to: terminations @ dotloyalty.com.