IMPORTANT: Please read these Terms of Service carefully before using the Lokaly app. By downloading, installing, or using the app, you agree to be bound by these terms. If you do not agree to these terms, do not use the app.
1. Introduction and Acceptance
1.1 These Terms of Service ("Terms") govern your use of the Lokaly mobile application ("App") and related services ("Service"). The App is provided by Eelavan Ltd, trading as Lokaly, a company registered in England and Wales with registered address at 86-90 Paul Street, London, EC2A 4NE, United Kingdom ("Lokaly", "we", "us", or "our").
1.2 By creating an account, downloading, installing, or using the App, you ("User", "you", or "your") confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.3 We may update these Terms from time to time. We will notify you of material changes through the App or by email. Your continued use of the App after such notification constitutes acceptance of the updated Terms.
1.4 These Terms do not alter any agreement you may have with participating merchants. Merchant loyalty programmes are subject to the merchant's own terms and conditions.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means your personal account created within the App, identified by your email address and protected by your login credentials.
- "Merchant" means any business that uses the Lokaly platform to offer a digital loyalty programme to its customers.
- "NFC Tag" means the Near Field Communication device provided by Lokaly to Merchants, typically worn on a staff lanyard, which you tap with your smartphone to collect stamps.
- "Stamp" means a digital record of a qualifying visit or purchase at a participating Merchant, collected by tapping your smartphone on an NFC Tag.
- "Stamp Card" means a digital loyalty card within the App that tracks your stamps for a specific Merchant.
- "Reward" means a benefit, discount, free product, or other incentive offered by a Merchant upon completion of a Stamp Card or other qualifying activity.
3. The Service
3.1 What Lokaly Provides
Lokaly is a digital loyalty platform that replaces traditional paper stamp cards. The App allows you to:
- Create a free account to participate in merchant loyalty programmes
- Collect digital stamps by tapping your smartphone on NFC Tags at participating Merchants
- Track your stamp progress and view available Rewards
- Redeem Rewards at participating Merchants
- Receive promotional communications from Merchants (with your consent)
- Discover participating Merchants in your area
3.2 How Stamp Collection Works
To collect a stamp, you must:
- Have the Lokaly App installed and be logged into your Account
- Make a qualifying purchase or visit at a participating Merchant (as determined by the Merchant)
- Tap your NFC-enabled smartphone on the Merchant's NFC Tag when presented by a staff member
- Ensure your device has NFC enabled and the App is running
Each NFC tap is cryptographically verified to prevent fraud. Stamps are awarded based on the Merchant's programme rules. Staff members control when NFC Tags are presented, ensuring stamps are only awarded for genuine transactions.
3.3 Reward Redemption
When you complete a Stamp Card, you will receive a Reward as specified by the Merchant. To redeem a Reward:
- Open the App and navigate to your available Rewards
- Select the Reward you wish to redeem
- Present the Reward screen to the Merchant's staff
- Confirm redemption only when you are ready to receive the Reward
Important: Once a Reward is marked as redeemed, it cannot be undone. Do not confirm redemption until you are physically at the Merchant's premises and ready to receive your Reward.
4. Eligibility and Account Registration
4.1 Eligibility Requirements
To use the App, you must:
- Be at least 13 years of age (or 16 for certain features involving marketing communications)
- Be a resident of the United Kingdom
- Have a compatible smartphone with NFC capability
- Provide accurate and truthful information when creating your Account
If you are under 18, you should review these Terms with a parent or guardian.
4.2 Account Creation
To create an Account, you will need to provide:
- Your name
- A valid email address
- A password (or use Google/Apple sign-in)
You may optionally provide additional information such as your date of birth (for birthday rewards), phone number, and profile picture.
4.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your Account
- Notifying us immediately if you suspect unauthorised access to your Account
You may only maintain one Account. Creating multiple accounts to abuse loyalty programmes is prohibited.
5. User Responsibilities and Fair Use
5.1 Acceptable Use
You agree to use the App only for its intended purpose: participating in legitimate merchant loyalty programmes. You must:
- Provide accurate and up-to-date information
- Only collect stamps for genuine purchases or visits as intended by the Merchant
- Comply with each Merchant's loyalty programme rules
- Treat Merchant staff with respect
- Keep your Account information current
5.2 Prohibited Conduct
You must not:
- Attempt to collect stamps without making a qualifying purchase (fraud)
- Interfere with, tamper with, or attempt to bypass NFC tag security
- Create fake or duplicate accounts
- Transfer, sell, or share stamps or rewards with others (unless permitted by the Merchant)
- Use automated systems, bots, or scripts to interact with the App
- Reverse-engineer, decompile, or attempt to extract the source code of the App
- Circumvent security measures or exploit vulnerabilities
- Use the App for any illegal purpose
- Harass, abuse, or threaten Merchant staff or other users
- Provide false or misleading information
5.3 Fraud Prevention
We employ technical measures to detect and prevent fraud, including cryptographic verification of NFC taps, rate limiting, and pattern analysis. If we detect suspicious activity, we may:
- Void fraudulently obtained stamps or rewards
- Suspend or terminate your Account
- Report the activity to relevant authorities
- Take legal action to recover losses
6. Merchant Programmes and Responsibility
6.1 Merchant Independence
Each Merchant operates independently and is solely responsible for:
- Setting the terms of their loyalty programme (stamps required, rewards offered)
- Determining what constitutes a qualifying purchase
- Fulfilling rewards when you redeem them
- The quality of their products and services
- Any disputes regarding their loyalty programme
6.2 Lokaly's Role
Lokaly provides the technology platform but is not a party to the transaction between you and Merchants. We do not:
- Guarantee the availability, quality, or value of any Merchant's rewards
- Control Merchant business decisions (including programme changes or closures)
- Assume responsibility for Merchant actions or failures
6.3 Programme Changes
Merchants may change their loyalty programmes at any time, including the number of stamps required, rewards offered, or programme termination. We are not responsible for any changes Merchants make to their programmes. If you have concerns about a specific Merchant's programme, please contact that Merchant directly.
7. Intellectual Property
7.1 Lokaly's Rights
The App, including its design, features, code, graphics, and content, is owned by Lokaly and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes in accordance with these Terms.
7.2 Restrictions
You may not:
- Copy, modify, or distribute the App or any part of it
- Use the Lokaly name, logo, or branding without our written permission
- Remove or alter any copyright, trademark, or other proprietary notices
- Create derivative works based on the App
7.3 Merchant Content
Merchant logos, branding, and programme content displayed in the App are the property of their respective owners. Lokaly displays this content under licence from Merchants.
8. Privacy and Data Protection
8.1 Your privacy is important to us. Our collection and use of your personal data is governed by our Privacy Policy, available at lokaly.co.uk/privacy, which forms part of these Terms.
8.2 By using the App, you consent to our collection and processing of your data as described in our Privacy Policy, including data necessary for stamp collection, fraud prevention, and service improvement.
8.3 When you join a Merchant's loyalty programme, certain data (such as your name and loyalty activity with that Merchant) may be shared with that Merchant. Merchants are independent data controllers for this data.
9. Service Availability
9.1 We strive to keep the App available at all times, but we do not guarantee continuous, uninterrupted access. The Service may be unavailable due to maintenance, updates, technical issues, or factors beyond our control.
9.2 We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will make reasonable efforts to notify you of significant changes.
9.3 The App requires an internet connection and NFC capability to collect stamps. You are responsible for ensuring you have compatible equipment and connectivity.
10. Third-Party Services
10.1 The App may contain links to third-party websites, apps, or services (such as Merchant websites). We are not responsible for the content, terms, or practices of these third parties.
10.2 If you use Google or Apple sign-in, your use of those services is governed by their respective terms and privacy policies.
10.3 The App is distributed through the Apple App Store and Google Play Store. Your download and use is also subject to those platforms' terms of service.
11. Disclaimer of Warranties
11.1 The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2 We do not warrant that the App will be error-free, secure, or uninterrupted, or that defects will be corrected.
11.3 We do not warrant or endorse any Merchant, their products, services, or loyalty programmes. Any dealings with Merchants are solely between you and the Merchant.
11.4 Nothing in these Terms excludes or limits any warranty implied by law that would be unlawful to exclude or limit.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Lokaly and its directors, employees, and affiliates shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill
- Loss or expiration of stamps or rewards
- Merchant's failure to honour rewards
- Interruption or unavailability of the Service
- Unauthorised access to your Account
- Any matter beyond our reasonable control
12.2 Our total liability for any claim arising from these Terms or your use of the App shall not exceed £50.
12.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Lokaly, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Any fraudulent or dishonest conduct
14. Account Termination
14.1 Termination by You
You may delete your Account at any time through the App settings or by contacting us at support@lokaly.co.uk. Upon deletion, your stamps and unredeemed rewards will be permanently lost.
14.2 Termination by Us
We may suspend or terminate your Account immediately if you:
- Violate these Terms
- Engage in fraudulent or abusive behaviour
- Create risk or legal exposure for us
- Have an Account that has been inactive for 24 months
14.3 Effect of Termination
Upon termination, your right to use the App ceases immediately. Any stamps and unredeemed rewards in your Account will be forfeited. Termination does not affect any rights or liabilities accrued prior to termination. Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Lokaly regarding the App and supersede all prior agreements.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
15.5 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of England and Wales.
16. Contact Us
If you have any questions about these Terms or the App, please contact us:
- Email: support@lokaly.co.uk
- Address: Eelavan Ltd (trading as Lokaly), 86-90 Paul Street, London, EC2A 4NE, United Kingdom
Thank you for using Lokaly. We hope you enjoy discovering and supporting local businesses!