Terms & Conditions for Business Owners

 Last updated: 12th October 2021

These terms of use (the “BO Terms of Use”) and the Privacy Policy constitute an agreement between the business owners adhering to the services of Blippon (the “Business Owners”) and the owner and operator of Blippon, Mary Ann Calleja, registered with VAT registration number MT20039723 and with business address at 26/4, Ciantar Street, ZRQ230 Zurrieq, Malta (“Blippon”).

These BO Terms of Use are applicable when you create and use an account and profile as Business Owner with Blippon, when you download and use the Blippon app as a Business Owner on any mobile devices, when you use our website, and/or when you use our back-office services as Business Owner (collectively referred to as the “Blippon Platform”). Please read these BO Terms of Use very carefully. Should you not agree with any of these BO Terms of Use, you should not adhere to and/or use the Blippon Platform.

For the avoidance of any doubt these BO Terms of Use are only applicable to Business Owners and are not applicable to Blippon users.

Should you have any queries kindly contact the administrator at support@blippon.com.

1.   About the Services

Blippon is a platform that allows its users (the “Users”) to earn redeemable points, receive offers and important information by interacting with Business Owners and/or their products and services, primarily through the use of its own proprietary mobile applications (mobile apps) and also through its websites, tools, platforms and services (“Blippon Service/s”).

Business Owners have the possibility to create their business profile on Blippon and include all their business information therein for the Blippon Users to find, consult and avail from the Blippon Services. Business Owners shall have their own personal account and credentials thereof in order to be able to access their information and amend and update such information as necessary (the “Business Profile”). Business Owners also have the possibility to create vouchers to be made available to the Blippon Users, which vouchers can be found and redeemed by the Blippon Users through certain games provided by the Blippon Platform (the “Vouchers”).

1.1 CREATION OF BUSINESS PROFILE

Business Owners may create their own personal accounts and business profile through the Blippon Platform and provide all necessary details and information in relation to their business, including the logo, cover image and description of the business activities. Business Owners may create multiple Business Profiles.

Certain information on the business such as opening hours, prices, photos and reviews shall be retrieved by Blippon directly from the publicly available information from Google through the Google business page of the business. Business Owners hereby grant their consent to Blippon to retrieve such information from the Google business page.

Business Owners have full control over the information and content displayed on the Blippon Platform. Through the Business Profile and their credentials they may amend and update the content as necessary at any time.

Business Owners may also contact Blippon’s administrator via email at support@blippon.com for any assistance they may require in order to amend or update the content published on the Blippon Platform.

Notwithstanding the above, Blippon shall have the right to remove and/or amend any information, picture, image and/or any other content that may be found to be illegal, inappropriate, or that may create in any manner any prejudice to the reputation of Blippon, or may be found, at the sole discretion of Blippon, to constitute a breach of any terms and conditions that Blippon would have entered into with any third parties, including but without limitations GooglePlay and/or any other app stores.

Business Owners hereby undertake to provide truthful, lawful and accurate information on their business and to upload only truthful, lawful and accurate content on the Blippon Platform.

1.2. Subscription Plans and Vouchers

Business Owners have the possibility to create Vouchers which can be acquired by the Business Owner as a bundle of a number of Vouchers against either a fixed commission or a combination of a fixed commission and a variable charge expressed in percentage of the value of the Voucher, deductible upon redemption of each Voucher, in accordance with the selected subscription plan. Please refer to Clause 3 of these BO Terms of Use for further specification on the fees.

In order to create a Voucher, the Business Owner shall upload the Voucher image, give a title to the Voucher, provide a description and an expiry date, set an amount per Voucher (for example: €15) as well as the amount of Vouchers that Business Owners wish to offer per day. The Business Owner may choose to have the vouchers won through the games provided by the Blippon Platform or not, and may also assign a number of points that the user may win for each Voucher.

Business Owners hereby acknowledge and agree that by entering into these BO Terms of Use they expressly undertake to honour the obligation of providing the benefits, as indicated on the Voucher, to the users, and that in no way and under no circumstances, unless otherwise clearly communicated to Blippon beforehand, or unless imposed by obligation of law, or as a result of an event caused by force majeure, shall the Business Owners refuse to provide to the users the benefits indicated on the Voucher.

2.  Acceptance and Modification of the BO Terms Of Use

Business Owners declare and acknowledge to have fully read and understood these BO Terms of Use. Furthermore, by using any of the Services offered by Blippon, Business Owners unconditionally accept to be bound by these BO Terms of Use.

Blippon reserves the right to amend these BO Terms of Use at any time, in whole or in part. It is therefore the Business Owner’s responsibility to regularly consult the latest version of the BO Terms of Use posted on the Blippon website. Business Owners are deemed to accept this latest version upon each new use of the Blippon Platform.

By accessing or using the Blippon Platform in any way, the Business Owner agrees to be bound by these Terms of Use.

3.   Fees

Business Owners have the possibility to subscribe to various subscription plans for the acquisition of the Vouchers, as from time to time offered on the Blippon Platform. Each subscription plan will indicate clearly the number of vouchers included as well as the fixed fee and commission applicable. Fees and application thereof shall vary in accordance with the subscription plan chosen. The debit/credit card of the Business Owners shall be debited each time a voucher is redeemed, in accordance with the fees applicable to the specific subscription plan.

Business Owners shall be charged a one-off processing fee of €1 upon validation of their debit/credit card. Such processing fee shall be charged each time the Business Owner registers a new debit/credit card either by choice or because the previous credit/debit card would have expired. The subscription may also hold a one-time charge upon initial purchase as shall be indicated on each subscription plan (when applicable).

4.   Permitted Uses

Business Owners may use the Blippon Platform to promote their business and advertise they promotions and Vouchers. Such activities allow the Business Owners to effectively advertise their goods and services to new and existing customers through the Blippon Platform. As a condition of your use of the Blippon Platform, Business Owners agree that the Business Owner:

• Is an individual person at least 18 years of age, or a legally existing entity lawfully represented by its directors;
• Possesses the authority to create a binding legal obligation;
• Will use Blippon Platform at all times in compliance with these BO Terms of Use
• Shall safeguard his/her password and supervise the use of his/her account, and understand and agree that she/she is the sole responsible for the use of such account by anyone that he/she may have allowed access to. Blippon shall in no way be held responsible or liable for any unauthorised use of Business Owner’s account.
• Have the right to provide, update, delete and/or otherwise dispose of any and all information he/she submits to the Blippon Platform,
• Declares that all information provided to and/or uploaded on the Blippon Platform is lawful, accurate, true, current and complete.

5.  Availability of the Blippon Platform

Blippon reserves the right to suspend, delete or modify all or part of the Blippon Platform or the Services without prior notice. Blippon also reserves the right to suspend access to the Blippon Platfrom for all or any Business Onwer and/or Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time. While Blippon uses reasonable efforts to keep the Blippon Platform and your account accessible, the Blippon Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Blippon Platform access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and/or outside of our control. Blippon retains the right at Blippon’s sole discretion to deny service, or access to the Blippon Platform to anyone or an account, at any time and for any reason.

6. Warranties and Representations of Business Owner

By creating a Business Profile and adhering to these BO Terms of Use, Business Owners hereby undertake and warrant that the Business Owner shall:

• understand and follow the applicable laws, including but without limitation to privacy and data protection laws.
• in the event that the Business owner provides Blippon with someone else’s personal information, Business Owner: (i) shall do so in compliance with applicable law, (ii) shall be authorised to do so, and (iii) shall authorise Blippon to process that information under Blippon’s Privacy Policy.
• read and follow all Blippon’s Terms of Use, policies and standards.
• not use the name, logo, branding, or trademarks of Blippon or others without permission.
• not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with the Blippon branding.
• act with integrity and treat others with respect, not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when they communicate or interact with others.
• not scrape, hack, reverse engineer, compromise or impair the Blippon Platform
• not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Blippon Platform.
• not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Blippon Platform or content.
• not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Blippon Platform.
• not take any action that could damage or adversely affect the performance or proper functioning of the Blippon Platform.
• only use the Blippon Platform as authorised by these BO Terms of Use.
• not use the Blippon Platform, and any information contained therein, including personal information of the Users to send commercial messages without the recipient’s express consent.
• may use information and/or content made available through the Blippon Platform solely as necessary to enable the use of the Blippon Platform as a Business Owner.
• not use Blippon’s content unless Business Owners have permission from the administrator or the use is authorised by these BO Terms of Use
• not use, copy, display, mirror or frame the Blippon Platform, any content, any branding, or any page layout or design without the express written consent of Blippon.

Business Owners warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data sent by Business Owners over the internet will be fully secure. Blippon cannot be held responsible for any incidents which could arise from this transmission of data.

Business Owners agree to indemnify Blippon against any liability, damage, expense, claim or cost, incurred by Blipppon arising from any claim or dispute, in or out of court, in relation with the use of the services of Blippon, including the posting of content by Business Owner or Users on Blippon Platform.

In any case, Business Owners explicitly acknowledge and agree to use Blippon Platform and Services at their own risk and under their sole responsibility.

7.   Term, Termination and Suspension

The BO Terms of Use will continue in effect until terminated by either party in accordance with the terms set out in this Section. Blippon may terminate this agreement, at any time for any reason, upon written notice to the Business Owner. The Business Owner may terminate this agreement upon seven (7) business days prior written notice to Blippon.

Termination of these BO Terms of Use will not in any way affect the Business Owner’s obligation to honour the Vouchers that were not yet redeemed by the User, but which the User won or became entitled to, provided that the termination was not as a result of the Business User breaching any of the terms of these BO Terms of Use, in which case the Business Profile shall be closed and/or suspended and all its functions terminated. Upon termination, the Business Owner will lose the right to make the Vouchers already acquired by the Business Owner, but not yet won by any User, available to the Users.

Provisions in these BO Terms of Use that are intended to survive termination will continue in full force and effect after termination.

If the Business Owner breaches any of these BO Terms of Use, Blippon’s policies or if Business Owner violates any applicable laws, regulations, or third-party rights, or Blippon believes it is reasonably necessary to protect Blippon, its Users, or third parties, Blippon may, with or without prior notice suspend or limit Business Owner’s access to or use of the Blippon Platform and/or Business Owner’s account and/or suspend or remove any content form the Business Owner’s Business Profile.

For minor violations or where otherwise appropriate as Blippon determines in its sole discretion, Business Owners will be given notice of any intended measure by Blippon and an opportunity to resolve the issue.

8.    Intellectual Property Rights

The Business Owner acknowledges and agrees that Blippon owns all interest in and to the website and all the features thereof, user data, Blippon trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by Blippon or at Blippon’s direction, or assigned to Blippon, and any materials, software, technology or tools used or provided by Blippon to promote, sell/resell (as may be applicable) or distribute the Business Owners offering and conduct its business in connection therewith (collectively the “Blippon IP”). Business Owner shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the Blippon IP or any portion thereof, or use such Blippon IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution. This notwithstanding, Blippon shall grant the Business Owner a limited, non-exclusive, revocable, non-transferable, non-sub licensable license, during the validity of these BO Terms of Use, to use Blippon’s mobile Business Owner software application on a mobile computer, tablet computer, or other device, solely for the purposes permitted by that software.  

The Business Owner shall keep the Blippon IP confidential, and shall not prepare any derivative work based on the Blippon IP or translate, reverse engineer, decompile or disassemble the Blippon IP. Business Owner shall not take any action to challenge or object to the validity of Blippon’s rights in the Blippon IP or Blippon’s ownership or registration thereof.

Except as specifically provided in these BO Terms of Use, the Business Owner and any third party assisting the Business Owner with its obligations, shall not use Blippon IP in any medium without prior written approval from Blippon. Business Owner shall not include any Blippon IP, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Business Owner shall not use or display any Blippon IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between the Business Owner or a third party and Blippon. All rights to the Blippon IP not expressly granted in these BO Terms of Use are reserved by Blippon.

The Business Owner grants to Blippon a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorised or approved to use by the Business Owner either owned by the Business Owners (collectively, the “BO IP”) or owned by any third party (collectively, the “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the Business Owner’s offering in all media or formats now known or hereinafter developed (“License”).

Business Owner hereby confirms that they have obtained all necessary permits and clearance from any third parties in relation to the transmission and use of Third Party IP by Blippon. Business Owners hereby undertake to indemnify and hold Blippon harmless of any liability, damage, expense, claim, cost or losses, incurred by Blipppon, that may arise as a result of the use by Blippon of any Third Party IP under the direction of Business Owner.

9.   Contents Published By The Business Owner

Business Owners have the possibility to publish certain contents, such as description of their business, images, audio, video content and any other content relevant to their business, on the Blippon Platform and share such contents for Users to consult. The publishing of such content is subject to certain rules to be followed by the Business Owner whose content shall be rejected, deleted, or otherwise modified for the following reasons:

• if Blippon believes that its civil or criminal liability may be engaged;
• if the content or the elements relating to the identity of the author contain insults or vulgarities;
• if the text of the content contains random characters or word sequences with no meaning;
• if the content is or is suspected of being a breach of third parties’ intellectual property rights;
• if the review raises issues of conflict of interest or fraud, or if Blippon believes that it does amount to such conflict or fraud;
• if the text of the content is badly written to the point of being impossible to understand or read;
• if a Business Owner makes an inappropriate comment about another Business Owner or their business;
• if the content contains personal information or elements likely to lead to identity theft;
• if the content is clearly spam.

10. Limitations Of Liability

As permitted by applicable law, in no event shall Blippon, its affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any damages, direct or indirect loss of profits or loss of business, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:

• Business Owner’s use of the Blippon Platform, the content, user content, including, without limitation, any personal information, and any other information either contained in the Blippon Platform or submitted by Business Owners to the Blippon Platform;
• Business Owner’s inability to use the Blippon Platform;
• modification or removal of content submitted on the Blippon Platform;
• the Business Owners offerings, products, and other available programs accessible or available through the Blippon Platform;
• these BO Terms of Use; or
• any improper use of information you provide to the Blippon Platform, including, without limitation, any personal information.

Blippon Users may publish reviews in relation to Business Owners, according to their own experience. Blippon offers no warranty in relation to the content, objectivity or accuracy of the content published by Users, including but not limited to the reviews posted by Users on the Blippon Platform.

Blippon does not warrant uninterrupted access to Blippon Platform or service continuity. Blippon shall not be liable for any failure to access the Blippon Platform or for any damage or loss arising out of the use or inability to use the Blippon Platform or its content, except as provided by law.

Blippon does not warrant that the information displayed is detailed, complete, verified or accurate. Any content on Blippon Platform is provided without any express or implied warranties of any kind whatsoever.

11. Force Majeure

Blippon shall be excused from performance under these BO Terms of Use, to the extent it or a Business Owner is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:

• weather conditions or other elements of nature or acts of God;
• acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion;
• quarantines or embargoes;
• pandemics;
• labour strikes;
• error or disruption to major computer hardware or networks or software failures; or
• other causes beyond the reasonable control of Blippon or Business Owners, as applicable.

12. Assignment

Users may not assign these BO Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Blippon. Any attempted assignment that does not comply with these BO Terms of Use shall be null and void. Blippon may assign these BO Terms of Use, in whole or in part, to any third-party in its sole discretion.

13. Entire Agreement

These BO Terms of Use, including, without limitation, the incorporated Privacy Notice, and other terms incorporated by reference, constitute the entire agreement and understanding between the Business Owner and Blippon with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the Business Owner and Blippon with respect to such subject matter.

14. Waivers

No waiver by any of the parties of any condition nor of the breach of any term, covenant, warranty or undertaking contained in these BO Terms of Use, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or deemed to be or construed as the waiver of breach of any other term, covenant, warranty or undertaking in these BO Terms of Use.

15. Severability

If at any time any one or more of these BO Terms of Use becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these BO Terms of Use shall not, in so far as legally permissible under applicable laws, be in any way affected or impaired thereby.

16. Governing Law and Jurisdiction

These BO Terms of Use shall be governed by and construed in accordance with the Laws of Malta.

Any dispute, controversy or claim arising out of or relating thereto, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The number of arbitrators shall be one and the place of arbitration shall be Malta.  Arbitration proceedings shall be carried out in the English language.