User Terms

These User Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” and ”User”) and Receipt Branch Limited (“Company”,“we”, “us”, or “our”) a company registered in the United Kingdom, registered number 14465480 and whose registered office is at Suite B, Fairgate House, 205 Kings Road, Birmingham, B11 2AA, concerning your access to and use of the www.receiptbranch.com website and the Receipt Branch App as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and the “App”).

Each of us is a Party and together we are the Parties to this Agreement.

Definitions

  • APP - The app of Receipt Branch Limited which is designed solely for the purpose of downloading, storing receipts and merchant deals may be offered if User gives permissions.
  • COMPANY - A company registered in the United Kingdom, registered number 14465480 and whose registered office is at Suite B, Fairgate House, 205 Kings Road, Birmingham, B11 2AA.
  • CONTENT - any content which made available to the User and/or Site or App Visitor as available on the Site or App.
  • LAST UPDATED -The date these User Terms were last updated.
  • MARKS - any logos, or designs with are exclusively those of the Company or licensed to the Company
  • SITE - the website of Receipt Branch Limited.
  • USER - the person who is granted permission to use the services of the App and/or website;
  • USER TERMS - These users Terms and any other document reference in them and any updated terms.

RECITALS

We are only willing to make the App and the Site available to you if you accept all of these User Terms. By using the App and/or the Site you are confirming that you have read, understood and agree to be bound by all of these User Terms. If you do not agree and/or accept all of these User Terms you are expressly prohibited from using the App and the Site and you must discontinue use immediately.

The information on the Site and the App are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

The Site and the App is intended for users who are at least 14 years old. People under the age of 14 are not permitted to use or register for the Site, and the App without express guardian or parental consent.

The Service Provided by Receipt Branch are for the downloading and digital storage of Partners receipts. Further receipt Branch shall offer to the User, a points award system linked to the number of down loaded receipts and such points may be used at the Partner sites for the purchase of products or services offering a discount which is related to the number of points available to the User.

1. INTELLECTUAL PROPERTY RIGHTS

1.1 Unless otherwise indicated, the Site and the App are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the App (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England and Wales.

1.2 Except as expressly provided in these Terms of Use, no part of the Site, or the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

1.3 Provided that you are eligible to use the Site and the App, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and the App, the Content, and the Marks.

2. USER REPRESENTATIONS

2.1 By using the Site and the App, you represent and warrant that:

  • 2.1.1 all registration information you submit will be true, accurate, current, and complete;
  • 2.1.2 you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • 2.1.3 you have the legal capacity and you agree to comply with these User Terms;
  • 2.1.4 you are not a minor in the jurisdiction in which you reside;
  • 2.1.5 you will not access the Site or the App through automated and non-human means, whether through a bot, script or otherwise;
  • 2.1.6 you will not use the Site or the App for any illegal and unauthorized purpose; and
  • 2.1.7 your use of the Site and the App will not violate any applicable law or regulation.

2.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, or the App (or any portion thereof).

2.3 You will only use the account to store your receipts and will not share that account with any other person or entity for the use thereof.

2.4 That Receipt Branch Ltd or third-party providers we work with, may store the IP address you use to access the site.

2.5 Receipt Branch Limited reserves the right to choose jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of its services in certain countries or regions.

3. USER REGISTRATION

3.1 You will be required to register with the Site, and/or the App.

3.2 You agree to keep your password confidential and will be responsible for all use of your account and password.

3.3 We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3.4 As a user, you may also be able to register to use the site as a Guest only; you will still be subject to these User Terms and any other relevant terms referred to in this Agreement.

3.5 User may register on the App by scanning the QR code presented by the Store and then logging in via social media or registering an email address or password, or by downloading the App from Playstore or any app store of their choice where the App is available.

4. PROHIBITED ACTIVITIES

4.1 You may not access or use the Site, and/or the App for any purpose other than that for which we make the Site, and the App available.

4.2 The Site, and the App may not be used in connection with any other commercial endeavors except if agreed to in a binding legal contract with Receipt Branch Limited.

4.3 You must not;

  • 4.3.1 Systematically retrieve data or other content from the Site or the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • 4.3.2 Make any unauthorized use of the Site or the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • 4.3.3 Circumvent, disable, or otherwise interfere with security-related features of the Site and/or the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the App and/or the Content contained therein;
  • 4.3.4 Engage in unauthorized framing of or linking to the Site/or the App;
  • 4.3.5 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • 4.3.6 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as permitted under these User Terms;
  • 4.3.7 Interfere with, disrupt, or create an undue burden on the Site and/or the App or the networks or services connected to the App and/or the Site; or
  • 4.3.8 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site/or the App.

5. SUBMISSION

5.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or the App (“Submissions”) provided by you to us are non-confidential and become our sole property.

5.2 We own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you.

5.3 You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

5.4 You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

6. THIRD-PARTY WEBSITE AND CONTENT

6.1 The Site and/or the App many have links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

6.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

6.3 If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer govern.

6.4 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App.

6.5 Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

6.6 You expressly agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you hold us harmless from any harm caused by your purchase of such products and services.

6.7 Additionally, you hold us harmless from any losses sustained by you, or any other person associated with you who may have used the third party sites, or harm caused relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

7. ADVERTISER

7.1 We may allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements.

7.2 If you are an advertiser, you take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements.

7.3 Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

7.4 We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

8. TERMINATION

8.1 These User Terms remain in full force and effect while you use the Site, and/or the App.

8.2 Without limiting any other provision of these User Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Site and/or App (including blocking certain IP addresses) to any persons for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in the User Terms or of any applicable law or regulation.

8.3 We may terminate your use or participation in the Site and/or App or delete your account without warning, in our sole discretion.

8.4 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. DISPUTE RESOLUTION

9.1 If a dispute arises in relation to this Contract, the parties will attempt to settle it by negotiation between their respective authorised representatives. If the Parties have not settled the dispute by the means of negotiations, within 14 (fourteen) days the Parties agree that any dispute, claim or controversy arising out of or in connection with this contract or breach, termination, enforcement, interpretation, or validity thereof, or use of the Services (Collectively “Disputes”) shall be submitted to arbitration and will be settled, by arbitration, such settlement shall be binding upon each party. If the Parties do not agree upon an Arbitrator, either Party may request a nomination from an independent Arbitration Service, such as CEDR. It is agreed that both Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of that Parties rights.

10. DISCLAIMERS

10.1 You expressly understand and agree that your access to and use of the Site and/or App is at your sole risk and that the Site and/or App are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.

10.2 To the fullest extent permissible in law, we and any subsidiaries, affiliates or licensors make no express warranties and hereby disclaim all implied warranties regarding the Site and the App and any part of them (including without limitation, the App and the Site, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy or reliability. Without limiting the generality of the foregoing, we and any subsidiaries, affiliates or licensors do not represent or warrant to you that:

  • 10.2.1 your access to the Site or the App will meet your requirements;
  • 10.2.2 your access to and the use of the Site or App will be uninterrupted, timely, secure or free from error;
  • 10.2.3 usage data provided through the Site or the App are free from viruses or other harmful components; or
  • 10.2.4 that any data that you disclose when you use the site, due to the insecurity of using the internet, will be secure.

10.3 Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

10.4 You accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

10.5 We will not be responsible or liable to you for any losses you may incur as a result of your use of the Site or App, including but not limited to, any losses, damages or claims arising from:

  • 10.5.1 User error, such as forgotten passwords or other transactions;
  • 10.5.2 server failure or data loss;
  • 10.5.3 corrupted information;
  • 10.5.4 unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing or other means of attack against the Site or the App.

11. LIMITATION OF LIABILITY

11.1 You understand and agree that we and any subsidiaries, affiliates and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential or exemplary damages which you may incur, howsoever caused and under any theory of liability, including without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or reputation (including business reputation), loss of data, costs of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

11.2 You acknowledge and agree that our total, aggregate liability to you for any and all claims arising out of or relating to these User terms or your access or use of (or inability to access or use) any portion of the Site or App, whether in contract, tort, strict liability or any other legal theory, is limited to the greater of:

  • 11.2.1 the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose;
  • 11.2.2 or one hundred pounds (£100).

11.3 You acknowledge and agree that we have made the Site and the App available to you and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us. We would not be able to provide the Site and the App to you without these limitations.

11.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and some jurisdictions also limit the disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.

12. ACTING AS A CONSUMER

12.1 If you are a consumer you are subject to the following rights under the Consumer Rights Act 2015:

  • 12.1.1 You are entitled to ask for a refund under the following circumstances;
  • 12.1.2 if the service has been misdescribed;
  • 12.1.3 if the service is not fit for purpose;

12.2 To qualify for a refund you must not have used the good or service and the refund request must have been made within fourteen days of the downloading of the App.

12.3 You should write to us at support@receiptbranch.com giving the date of the payment and your complaint; we will let you know within thirty (30) days if we intend to issue a refund.

13. INDEMNIFICATION

13.1 You agree to defend, indemnify, and hold us harmless, including any subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third party due to or arising out of:

  • 13.1.1 use of the Site and/or App;
  • 13.1.2 breach of these User Terms;
  • 13.1.3 any breach of your representations and warranties set forth in these User Terms;
  • 13.1.4 your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • 13.1.5 any overt harmful act toward any other user of the Site or the App with whom you connected via the Site or the App.

13.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. USER DATA

14.1 We will maintain certain data that you transmit to the Site and the App for the purpose of managing the performance of the Site and the App as well as data relating to your use of the Site and the App.

14.2 We may collect purchase Data and provide offers and deals based upon your buying history. You may opt out of this at any time.

14.3 Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relate to any activity you have undertaken using the Site and the App.

14.4 You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

14.5 Your Personal Data will be dealt with in line with our Privacy Policy which can be viewed on our Site and App.

15. MISCELLANEOUS

  • ASSIGNMENT - We may assign any or all of our rights and obligations to others at any time.
  • ELECTRONIC NOTICES - As we deal directly with each other through electronic means, you accept that our notices and communications will be by email. Please ensure that your email address is always up to date and correct.
  • FORCE MAJEURE - We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  • LEGAL - There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these User Terms or use of the Site or App.
  • The information on the Site and the App is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
  • The Site and the App are intended for users who are at least 14 years old. People under the age of 14 are not permitted to use or register for the Site and the App without express guardian or parental consent.
  • SEVERABILITY - If any provision or part of a provision of these User Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable from these User Terms and does not affect the validity and enforceability of any remaining provisions.
  • SUPPLEMENTAL TERMS - Supplemental terms and conditions or documents that may be posted on the Site and the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site and the App after the date such revised Terms of Use are posted.
  • SURVIVAL - Any part of this Agreement, which by its words shows intention to survive termination of this Agreement, shall do so.
  • WAIVER - These User Terms and any policies or operating rules posted by us on the Site and the App, or in respect to the Site and the App, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

16. GOVERNING LAW

16.1 This Terms of Use and your use of the Site and/or the App are governed by and construed in accordance with the laws of England and Wales.

Last updated date 08-11-2023