Terms of Service

Welcome to The Loyalty Club. These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", the "User") and BEYONDSERVICEAI LTD ("we", "us", "our"), a company registered in England and Wales with company number 15915040. Our registered office is at 12 Trindles Road, South Nutfield, Redhill, England, RH1 4JN. We operate under the trading name "The Loyalty Club".

These Terms govern your access to and use of our digital loyalty platform, including our website (https://the-loyalty-club.com), the merchant dashboard, and our WhatsApp-based services (collectively, the "Service").

By accessing or using our Service, whether as a business signing up for a loyalty program ("Merchant") or as an individual participating in that program ("End-Customer"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

Service: The digital loyalty platform provided by The Loyalty Club, including all related software, technology, and services.

Merchant: A business entity that subscribes to the Service to create and manage a loyalty program for its customers.

End-Customer: An individual who uses the Service to participate in a Merchant's loyalty program.

Loyalty Program: The specific promotional offer created by a Merchant using our Service (e.g., "Collect 5 stamps, get a free coffee").

Merchant Content: Any logos, images, text, branding, or other materials uploaded or provided by a Merchant for use with the Service.

The Loyalty Club provides a technology platform that enables Merchants to offer a digital stamp card-based Loyalty Program to their End-Customers. The core functionality involves an End-Customer scanning a QR code or tapping an NFC tag, sending a pre-filled WhatsApp message, and receiving a digital stamp. Merchants can manage and approve these stamps via a web-based dashboard.

We act as a technology provider and intermediary. We are not a party to the transaction between the Merchant and the End-Customer. The Merchant is solely responsible for the creation, management, and fulfilment of their Loyalty Program.

This section applies specifically to our Merchants.

Account Registration: To use the Service, you must register for an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

Subscriptions and Payment: The Service is provided on a subscription basis. Fees are billed in advance on a recurring monthly or annual cycle.

All payments are processed by our third-party payment processor, Stripe. By providing payment information, you agree to their terms of service.

Subscriptions will automatically renew at the end of each billing cycle unless cancelled. You can cancel your subscription at any time through your account dashboard. The cancellation will take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

Grant of Licence: You grant BEYONDSERVICEAI LTD a worldwide, non-exclusive, royalty-free licence to use, reproduce, display, and distribute your Merchant Content solely for the purpose of operating and providing the Service.

This section applies specifically to End-Customers.

Using the Service: You can participate in a Merchant's Loyalty Program by following the instructions provided by the Merchant (e.g., scanning a QR code). Use of the Service is free of charge for End-Customers.

Relationship with the Merchant: Your relationship concerning the Loyalty Program (the offer, the stamps, and the final reward) is directly with the Merchant. The Loyalty Club is a technology platform and has no responsibility for the Merchant's offer.

Disclaimer: We are not responsible for a Merchant's failure to honour a reward, changes to their Loyalty Program, or if a Merchant ceases to operate. Any disputes regarding a Loyalty Program must be resolved directly with the Merchant.

Prohibited Conduct: You agree not to misuse the Service. This includes attempting to fraudulently obtain stamps or rewards, spamming the service, or using it for any unlawful purpose.

All rights, title, and interest in and to the Service, including all software, text, graphics, logos (excluding Merchant Content), and technology, are and will remain the exclusive property of BEYONDSERVICEAI LTD. You may not copy, modify, distribute, sell, or lease any part of our Service.

By You: Merchants can terminate these Terms by cancelling their subscription and ceasing to use the Service. End-Customers can terminate by ceasing to participate in any Loyalty Programs.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause or notice, if we believe you have breached these Terms. This may include failing to pay subscription fees or misusing the Service. Upon termination, your right to use the Service will immediately cease.

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY.

"AS IS" Service: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BEYONDSERVICEAI LTD, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR:

Liability Cap: OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:

(A) THE TOTAL AMOUNT OF FEES PAID BY YOU (IF YOU ARE A MERCHANT) TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY POUNDS STERLING (£50.00).

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

You agree to defend, indemnify, and hold harmless BEYONDSERVICEAI LTD and its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your violation of these Terms, or (iii) your Merchant Content, if you are a Merchant.

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and BEYONDSERVICEAI LTD regarding our Service.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

For any questions about these Terms, please contact us at stevenkyeesa@live.com.