Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your access to and use of the DUAL Perks loyalty platform ("the Service"), operated by DUAL Ltd ("we", "us", "our"). The Service includes the DUAL Perks mobile application, web application, and API.
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Service Description
DUAL Perks is a loyalty and discount platform that connects three types of users:
- Organisations (cities, villages, gyms, clubs, and other groups) that subscribe to the platform and manage their loyalty programme
- Partners (local businesses) that offer discounts and rewards to organisation members
- Members (individuals) who belong to an organisation and access partner discounts through the mobile or web app
The Service enables organisations to manage their member base, onboard local business partners, create punch card reward programmes, publish announcements, and track discount redemptions.
3. Account Types and Responsibilities
3.1 Organisation Accounts
Organisation accounts are created by authorised representatives of the subscribing entity. Organisation administrators are responsible for:
- Managing their member roster (adding, editing, removing members)
- Onboarding and managing partner businesses
- Configuring programme settings, branding, and card design
- Ensuring compliance with applicable laws regarding their members' data
- Maintaining the confidentiality of their API key
- Paying subscription fees as agreed
3.2 Partner Accounts
Partners are local businesses listed on the platform by an organisation administrator. Partners agree to:
- Honour the discounts and offers published on the platform
- Set clear terms and conditions for their offers
- Notify the organisation of any changes to their offers
Partner listings are managed by the organisation and do not require a separate login to the DUAL Perks platform.
3.3 Member Accounts
Member accounts are created by the organisation administrator on behalf of individual members. Members are responsible for:
- Keeping their login credentials (email and PIN) secure
- Not sharing their loyalty card, QR code, or card token with others
- Using discounts only in accordance with the partner's stated terms
- Providing accurate personal information
Members do not create their own accounts directly. Account creation is managed by the organisation.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorised access to any part of the Service, other accounts, or computer systems
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Use automated scripts, bots, or scrapers to access the Service without our written consent
- Share, transfer, or sell your account credentials to any third party
- Attempt to redeem discounts or rewards fraudulently
- Abuse the API by exceeding rate limits or using it for purposes unrelated to the loyalty programme
- Upload or transmit malicious code, viruses, or harmful data
- Impersonate another person or entity
We reserve the right to suspend or terminate any account that violates these Terms.
5. Discounts and Partner Offers
5.1 Partner Responsibility
All discounts, offers, and rewards displayed on the Service are provided by the respective partner businesses. DUAL Ltd does not provide, fund, or guarantee any discount or offer.
5.2 Subject to Partner Terms
Each partner may set specific terms and conditions for their offers, including but not limited to:
- Minimum purchase amounts
- Excluded products or services
- Valid days or hours
- Limits on redemptions per visit
It is the member's responsibility to review and comply with these terms before attempting to redeem a discount.
5.3 No Guarantee of Availability
Partners may modify or withdraw offers at any time. DUAL Ltd is not responsible for:
- Changes to or withdrawal of partner discounts
- The quality, safety, or legality of partner goods or services
- Disputes between members and partners
- Partner business closures or operational changes
5.4 Punch Card Rewards
Punch card stamps are tracked digitally within the Service. The reward is provided by the partner upon completion of the required number of stamps. DUAL Ltd facilitates the tracking only and is not liable for the delivery of the reward.
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including its software, design, logos, trademarks, text, graphics, and documentation, is owned by DUAL Ltd or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written consent.
6.2 Organisation Content
Organisations retain ownership of their branding, logos, and content uploaded to the platform. By uploading content, organisations grant DUAL Ltd a non-exclusive, worldwide licence to display and distribute that content within the Service for the purpose of operating the loyalty programme.
6.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service may be used by DUAL Ltd without obligation or compensation to you.
7. Subscription and Payment
7.1 Organisation Subscriptions
Organisations subscribe to the Service under one of the available subscription tiers (free, starter, growth, or pro). Subscription terms, pricing, and features are as described at the time of purchase.
7.2 Billing
Subscription fees are billed through Stripe. Payment terms are governed by the subscription agreement between DUAL Ltd and the organisation.
7.3 Free Tier
The free tier is subject to feature and usage limitations as described in the current plan documentation. DUAL Ltd reserves the right to modify free tier limitations with reasonable notice.
7.4 No Charges to Members
Members are not charged any fee to use the DUAL Perks app or to access partner discounts. The Service is funded by organisation subscriptions.
8. Disclaimers
8.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 No Warranty of Availability
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We may perform maintenance or updates that temporarily affect availability.
8.3 Third-Party Services
The Service relies on third-party infrastructure providers (including Supabase, Vercel, and Stripe). We are not responsible for outages or issues caused by these providers.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- DUAL Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
- DUAL Ltd shall not be liable for any loss of profits, revenue, data, or business opportunities.
- DUAL Ltd's total aggregate liability for all claims arising from or related to the Service shall not exceed the amount paid by the organisation to DUAL Ltd in the twelve (12) months preceding the claim.
- DUAL Ltd shall not be liable for any actions, omissions, products, or services of partner businesses.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.
10. Indemnification
You agree to indemnify and hold harmless DUAL Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of or conduct on the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you upload or submit to the Service
11. Termination
11.1 By the Organisation
Organisations may terminate their subscription at any time by contacting us. Upon termination, the organisation's data (including all member and partner data) will be retained for 30 days to allow for data export, after which it will be permanently deleted.
11.2 By Members
Members may request account deletion through their organisation administrator or by contacting us directly at privacy@dualcreative.com.
11.3 By Us
We may suspend or terminate any account at any time if:
- You breach these Terms
- We are required to do so by law
- We discontinue the Service (with reasonable notice)
11.4 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitation of liability, and indemnification.
12. Data Protection
We take your privacy seriously. Our collection, use, and protection of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
Organisation administrators are joint data controllers with respect to the member data they manage through the platform. Organisations are responsible for having a lawful basis to add members to the Service.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Scotland, United Kingdom, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Scotland, United Kingdom.
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal legal action, you agree to first contact us at legal@dualcreative.com and attempt to resolve the dispute informally within 30 days.
14.2 Mediation
If the dispute cannot be resolved informally, the parties agree to attempt to resolve it through mediation before pursuing arbitration or litigation.
14.3 Class Action Waiver
To the extent permitted by applicable law, you agree to resolve disputes on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the "Last updated" date at the top of this document
- Notify organisation administrators via email or in-app announcement
- Provide at least 14 days' notice before material changes take effect
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree, you must stop using the Service.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and DUAL Ltd regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16.5 Force Majeure
DUAL Ltd shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.