Qinnovation FZ-LLC, is a free zone limited liability company organized and existing under the laws of Dubai Internet City, the Emirate of Dubai and the applicable federal laws of the UAE, with its registered address Building 16, 1st floor, Dubai Internet City, Dubai, UAE (hereinafter referred to as “Qinnovation”).
Qinnovation owns the Lovelty mobile application available for iOS and Android operating systems and the website (www.lovelty.ae)and other related domain names (“xyz”).
Lovelty offers a solution for implementing a revolutionary and innovative customer loyalty and consumer engagement platform that connects brands in various sectors (the "Brand") to customers. Customers can use the Platform when making purchases at Brands and obtain loyalty points which can later be redeemed at the Brands for free or discounted goods or services. In addition to providing the Platform, Lovelty will provide services to the Brand in order to maximize the effectiveness of the Brand’s use of the Platform (the “Lovelty website”).
By registering an account on the Platform and or using the Lovelty, the Merchant agrees to these Terms and Conditions. The Brand and Lovelty are collectively referred to as the "Parties". These Terms and Conditions, including without limitation any other contract, agreement or terms and conditions mentioned in these Terms and Conditions make up the entire agreement between the Parties.
Access to the Platform & Lovelty
Lovelty may operate the Platform and provide the Loyalty Solutions in any way it, in its sole discretion, deems necessary or appropriate. The Brand agrees and undertakes to comply with all reasonable instructions of Lovelty as set out in these Terms and Conditions or as advised from time to time.
Fees, Billing & Payment
In consideration for providing access to the Platform and for providing the Lovelty’s loyalty Solutions, the Brand is not liable to pay the annual subscription fee, which is subject to change anytime by Lovelty. Lovelty may amend the Lovelty Service Fee at the renewal of the Term by giving the Brand, forty-five (45) calendar days written notice before the end of the Term.
Term & Termination
These Terms and Conditions shall come into effect on the date the Brand signs the Contact Details Form which incorporates these Terms and Conditions and shall continue for twelve (12) months unless terminated earlier in accordance with these Terms and Conditions (the “Term”).
The Term shall automatically renew for an additional twelve (12) month period unless the Brand gives Lovelty written notice, no less than thirty (30) days prior to the end of the Term, of its intention to terminate.
Lovelty may terminate the contractual relationship with the Brand with immediate effect in case of i) insolvency; ii) material breach of these Terms and Conditions; or iii) a breach of a provision of these Terms and Conditions which remains un rectified for a period of fourteen (14) days or twenty (20) non-consecutive days in a three (3) month period after the date mentioned on the written notice.
Limitation of Liability
The Brand acknowledges that Lovelty is a platform that connects the customer to a brand and that Lovelty has no control or liability whatsoever arising out of the actions of the Brand or the customer.
The Brand agrees and undertakes to hold Lovelty completely harmless and to fully indemnify Lovelty for any dispute it may have with the customer and to bring any and all claims directly against the customer.
The Parties agree that Lovelty shall only be responsible for damages caused by the direct actions of its employees, agents or representatives in cases where a court of competent jurisdiction, determines by way of a final judgment that Lovelty was grossly negligent. Lovelty shall not be liable for any indirect or consequential loss whatsoever.
The Brand agrees that Lovelty’s total amount of liability shall be charged during the time period where the damage occurred. The Brand agrees and undertakes not to bring any claims against Lovelty for any amount during such period. The Parties agree that all limitation of liability in relation to Lovelty shall also apply to the personal liability of its employees, representatives and agents.
Intellectual Property Rights
All intellectual property rights, including without limitation the trademarks, design rights, copy rights, graphics, pictures, layout, program and software of the Platform are the property of Lovelty its affiliates or are licensed to them. The Brand agrees not to, in any way, copy, modify, break or in other ways exploit them or copy them to their own purposes without the prior written approval and license given to the Brand. Any supplemental license agreement shall be at the cost to the Brand.
Lovelty’s status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
The Brand grants Lovelty a royalty free, non-exclusive, revocable license, to use any and all of its intellectual property rights, including without limitation all trademarks, copy rights, design rights, owned or used by the Brand to provide the Lovelty’s Loyalty Solutions.
Lovelty owns the copyright and database rights to any and all data that is collected by either Lovelty through the use of the Platform including without limitation all customer related data whatsoever.
Amendments to the Terms & Conditions
Lovelty may, in its sole discretion, amend these Terms and Conditions from time to time. The Brand should review these Terms and Conditions, which are also available on the Platform. The top of these Terms and Conditions contain the date of the latest version.
Lovelty will endeavor to notify the brand of any changes to these Terms and Conditions prior to the implementation. It is the Brand’s sole responsibility to make itself aware of the changes to these Terms and Conditions and its continued use of the Platform and the Lovelty will be deemed as explicit acceptance of any amendments. If the Brand objects to any amendment of these Terms and Conditions they may terminate their account on the Platform in accordance with clause 4 of these Terms and Conditions.
Merchandise & Equipment Placement & Use
Lovelty will provide the Brand with merchandise and equipment. Merchandise in form of soft copies for Brands to print and use. Designs remain the property of Lovelty. The Brand shall use the merchandise according to Lovelty’s instructions.
Upon the termination of the contractual relationship between the Parties and these Terms and Conditions, the Brand shall return or permit Lovelty to collect all equipment that has been placed in the Brand’s premises.
If any provision of these Terms and Conditions are or will become invalid, the validity of the remaining provisions in these Terms and Conditions remain unaffected. The invalid provision shall then be replaced by a provision that comes closest to the purpose of the Parties. The same applies if these Terms and Conditions include gaps. Lovelty may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions. The Brand shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms and Conditions.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute any Party the agent of another Party, or authorize any Party to make or enter into any commitments for or on behalf of any other Party. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
Governing Law & Dispute Resolution
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre. The parties agree that any claim with a value of less that AED 500,000 shall be submitted to the Courts of the Dubai International Financial Centre Small Claims Tribunal.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre.