General Terms of Use

Introduction

Agreement

These terms and conditions ("Terms and Conditions") constitute an agreement between you and Bubbles Online Services Ltd/ TA Jisp of Post House, 15b High Street, Alton, Hampshire GU34 1AW ("we", "us", "our") in relation to your use of the "Jisp" mobile application (the "App") that may be downloaded from the app store and installed to your mobile device (the "Device"), and any upgrades and updates to the App from time to time. The terms on which you download the App will be the terms and conditions applicable to the app store.

Your agreement when using the Jisp app

By downloading and installing the App to your Device, you agree to be legally bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you should not install or use the App, and you should remove the App from your Device if it has already been installed.

Amending terms and conditions

We may withdraw our support for the App or introduce a charge or charges applicable to the use of the App at any time. Notice will be given through the App and/or through our website.

We may amend these Terms and Conditions from time to time by uploading replacement terms and conditions to the App and/or to our website and/or by emailing them to you. By continuing to use the App following replacement terms and conditions being uploaded and/or emailed to you, you agree to be bound by the replacement terms and conditions. These Terms and Conditions are current as of 12 July 2020.

Removal of the app

You may remove the App from your Device at any time. You will have no further obligations or liabilities to us under these Terms and Conditions if you remove the App from your Device, other than those obligations and liabilities (if any) owing to us in respect of the period prior to your removal of the App.

Privacy Policy

Please also read our Privacy Policy which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms of Use.

Use Of The App

What is the Jisp app?

The App has been designed to bridge the gap between online and offline, making it a more personal experience for consumers. This will include visits to shops and other businesses such as restaurants, hotels, sporting venues, cinemas and theatres. Other locations (businesses) may also be included.
As a user of Jisp you have the benefit of utilising retailers that offer Click & Collect and/or Home Delivery services as well as a gamification service (ENGAGE) through Jisp.

How can I control it?

The vast majority of the services provided by the App, how they interact and the information shared is controlled and can be changed at any time by you. For further details on how your data is used within the app see our privacy policy.

You can remove your profile preferences from the profile setting then toggling your personal preferences on or off, you can also amend your personal details here.

Technology used

The company uses NFC (Near Field Communication) technology as stickers that are programmed with a code which may represent a product for sale or information about a product or service. To receive information via an NFC sticker your mobile must have its NFC setting enabled - ie., ‘ON’.

Holding your mobile very close to the sticker or tapping (as appropriate to the mobile) will allow the product to appear on your screen.
Depending on your permissions and the information you have provided in relation to your profile, history and interests, the App will receive relevant content to help you with your visit and/or shopping.

If you interact with any offer or product information or any other Jisp technology, this will be saved to your Timeline - a feature which allows you to review products and/or offers that were previously interacted with from visits, searches or recommendations.
The App may offer additional functionality from time to time. In doing so, the App may use the location settings on your Device to enable the App to identify your location. If you do not wish for the App to identify your location, you can disable the geolocation function on your Device using the settings. However, if you do so, you may not be able to benefit from the full functionality of the App.

Third Party Sites

An offer or product listing may contain a link to a third-party website. Any personal information you provide directly to that third party is subject to that third party's privacy policy. We are not responsible for the content, privacy and security practices and policies of third party websites.

In addition to the sections above, and notwithstanding anything to the contrary in Terms, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Terms and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Jisp.

The license you have been granted in these Terms is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. Notwithstanding these rights of Apple and Apple’s subsidiaries, Jisp’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

Additional App Functionality

Payment

The App has a feature allowing you to make purchases; you can start using this functionality as soon as you add your credit or debit card to your profile.
You can add the following types of cards: Visa and Mastercard.

For customers based in Norway we also support Vipps and NETS.

How does this work?

We are partnered with VISA Cybersource  - card details (number and name) are tokenised for security. The token is then used against any purchase where Visa or Mastercard (as appropriate to the card entered by the user) is accepted as a payment method.

T&C for Purchases

Using these services through Jisp means you are entering into an agreement with each individual store. Jisp is not responsible for the participating stores or the delivery drivers who provide this service. The agreement is between you (the customer) and the store; Jisp is only responsible for providing the app to facilitate the service.
 
You can view all your order history within the app.

Any order placed using Jisp is sent directly to the retailer; as such your purchase is a contract direct with the retailer.  Your order history can be found under the My Timeline section > Wallet Receipts / Wallet Refunds

When making a purchase using an eCoupon through Jisp, but provided by a store, you agree that Bubbles Online Services Ltd /TA Jisp shall not be liable for any financial loss arising out of refusal, cancellation or withdrawal of any eCoupon or any failure or inability to use an eCoupon for any reason.

The card being used for the purchase will be charged when the goods are taken direct from the store, at point of sale for Home Delivery, at collection for Click & Collect (confirmation of your order will be updated into your Order History in your Timeline).
If you wish to cancel an order which has already been paid, please contact the relevant retailer for their cancellation policy.

See individual retailers for specific warranty information.  

If the goods are faulty, you should inform the retailer you purchased the items from about the fault in writing or verbally within a reasonable time of discovering the fault. The individual retailer will provide you with information on what to do next. The rules regarding complaints can be found in the Consumer Sale of Goods Act.

Personal information – Jisp processes personal data in accordance with the Data Protection Act. Only relevant personally identifiable information will be made available to the retailer/ contracted third parties that you are purchasing from in order for them to process the order and /or deliver the goods to you. For further information about how we use personal data please see our Privacy Policy.

Card information - When you shop through Jisp, your card information is processed by CyberSource (in Europe or UK) which is a secure electronic payment solution for Visa and MasterCard/Eurocard.  

In Norway, payments are processed via NETS or Vipps.  All card information is processed in accordance with the rules of the card organisations.  can view all your order history within the app.

Scan & Save - Offers (vouchers) via the app
When using Scan & Save and scanning an applicable barcode (or QR code) by tapping the product Offer, as displayed on a mobile, the applicable voucher will be saved in the Jisp voucher wallet. Terms and Conditions for each voucher are available in the details that accompanies each voucher and will include any expiration date / time for the offer.    

Vouchers are only available in participating stores and must not be copied. Vouchers are exclusive to each user and cannot be transferred. Please speak with store staff if you need assistance. 

By redeeming an Offer, you enter into a contract with the relevant business. All representations made by a business in relation to the terms of an Offer, or the goods or services to which an Offer relates, are made solely by the business and not by us. We will not be liable to you in relation to or in connection with any of the goods or services provided to you by a business and we give no warranties and make no representations to you in respect of any goods or services provided to you by a business, including warranties of quality, fitness for a particular purpose, and non-infringement of proprietary rights.

Product vouchers from a Scan & Save Offer do not hold any value (eg., discount) against any goods other than the promoted product directly associated with the Offer. Expired vouchers are not redeemable.       
You should notify us using the contact details available on our website if you believe that any Offer is not genuine or if you believe that a business has misrepresented the terms of any Offer to you or to others, but we are under no obligation to you to investigate, and any claim that you do have arising from or in connection with an Offer or the conduct of a business must be made directly with the relevant business.

Home Delivery and Click & Collect  
The store receives your order directly.  By ordering, you agree that your personal details (including name, location, email and phone number) are provided to the store and their delivery partner for the purpose of processing your order and delivering your products.

Customers agree to check the items which they receive and understand the mistakes cannot be rectified later.  Any exchange or refund of the product should be dealt with direct with the store.  Your normal purchasing rights apply.       

Alcohol and tobacco purchases are made directly from the individual shops and the contract and license to sell remains with the shop, not Jisp. You purchase upon the understanding that you are purchasing directly from the shop.  For home deliveries, the drivers are responsible for delivery, the individual stores require proof of age to be shown to the driver before the goods are released, and items will not be left unattended.  Proof of age will also be required for Click & Collect alcohol and tobacco goods.

For Click & Collect, the goods will be ready for collection within the timescale set by individual retailers and their individual Terms and Conditions. Individual retailers will have their own requirements and any costs associated with these, please review your basket at checkout for details

For Home Delivery, the delivery driver on behalf of the store has the right to refuse deliveries, if it is suspected that the customer is intoxicated, or that alcohol purchased will be passed to someone who is under 18.  Delivery times are the responsibility of the individual store.  

Jisp’s maximum liability is for the cost of the items paid for.

Advertising
Adverts from retailers that you follow may appear in your Timeline and on the retailer’s page within Jisp.  Any adverts that are displayed are correct at time of posting but maybe withdrawn at any time.  They are the responsibility of the retailer, and individual T&C’s will apply.

You will have the option to opt out of receiving general advertising from stores that you follow. We will endeavour to do our best to keep this up to date but rely on individual retailers to provide the relevant information to us.

Friend Referrals

Friend Referral Scheme: Nanpean & St Stephen's Stores
• Each receive 50p automatically once the referred friend has verified their email address.
• You receive the additional £1.00 when the referrer has made a redemption through Scan & Save.
• The £1.00 will be paid at the end of the 2 weeks (Monday 26th September) into your Jisp account.
• This promotion will last from 12th September to 11:59 on Sunday 25th September.
Offer applicable to Nanpean and St Stephen's Stores. If you are a shopper not in these stores, you still qualify for receiving 50p each.
• There is no limit on the amount of people you refer during this time.

Terms of Service – Jisp’s Brand Ambassador Agreement  
The following terms and conditions set out the legally binding terms of your participation in the Jisp Brand Ambassador program. The Program is owned and operated by Jisp.  

By completing the application process and participating in the Program, you (the “Brand Ambassador”) agree to the terms and conditions contained herein, our Terms of Service and all other operating rules, policies and procedures that may be published occasionally on the Jisp website. If you do not agree to or understand this Agreement, do not apply to or participate in the Program.  

• The Brand Ambassador must refer friends using their Jisp referral code in the ‘Invite friends’ tab in the burger menu of the Jisp app.
• Referred friends input their referral code on registration. This is the only place to add referral codes. If this code isn't added at the point of registration, there is no way to go back and re-add it, therefore it is crucial that Brand Ambassadors inform friends of this process.
• Once the friend validates their email address, both the Brand Ambassador and their friend will receive 50p. If the friend does not validate their email address, they will receive 50p less than the total amount agreed per new user.
• The Brand Ambassador will receive 50p instantly after validation, before the user has made a redemption. This will show in the Rewards section of the Jisp app, under ‘Jisp Credits’.
• Once the friend makes their first redemption, the Brand Ambassador will then receive £1 on top of the initial 50p, making it a total of £1.50 per every new Scan & Save shopper referred. This is added to the Brand Ambassador’s account balance, which can be converted into a voucher to spend in any Jisp Scan & Save store.  
• The Brand Ambassador will be paid every Tuesday, based on how many new shoppers have made their first redemption during the Monday - Sunday period of the previous week.

Legal

Disclaimer

We are not liable for any product, offer and/or any service supplied by a business promoted through Jisp or our Company. We do not assume any responsibility or liability for the terms of any Offers or efficacy of any product or service therein promoted through Jisp or our Company.

Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Accuracy of information on webiste and app
Whilst we use  reasonable endeavours to ensure that the contents of our App are accurate and up to date, we do not not accept any liability for any information which may not be accurate. Jisp is reliant upon third parties for much of the information provided (see below) and reserves the right to change data, allergy information, references and product specifications at any time. The content provided in relation to allergies are for general information only and do not purport to provide advice, make any offer or otherwise create or lead to the creation of any legally enforceable relationship between Jisp and you. No reliance should be placed on any statements made on the app. It is important that you check directly with the food provider in relation to possible allergens. Jisp excludes to the fullest extent permitted by law all liability resulting from your access to the site.

Liability

You acknowledge that our websites and App are provided to you free-of-charge. Accordingly, we exclude all terms relating to its quality, availability and functionality and will not be liable to you for any damage, loss, cost or expense resulting from your use of the website or App or if the website or App is unavailable, does not function as anticipated or is inaccurate.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Nothing in these Terms and Conditions will limit our liability to you in respect of:
death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation.

In all other cases, we will only be liable for the reasonably foreseeable losses incurred by you to the extent arising from our breach of these Terms and Conditions, except for:
any loss resulting from any failure or delay in the delivery of electronic communications, or the interception or manipulation of electronic communications by third parties;
or any loss of profit, loss or corruption to data, loss of business, loss of opportunity, or loss of anticipated savings (in each case, for the avoidance of doubt, whether direct or indirect).

Restrictions of use of the website or Jisp App

You agree that:you will comply with any applicable restrictions on downloading, using or otherwise exporting the App;
• You will not install or use the App on a jail-broken or rooted device;
• You will not use the App in any unlawful manner or in a fraudulent or malicious manner;
• You will not attempt to derive income from the use or provision of the App, whether for direct commercial or monetary gain or otherwise;
• You will not bypass or attempt to bypass the in-built security of the App or of our systems; and you will not attempt to interfere with any transmissions to or from the App and/or the servers supporting the App.
• You will not use profanity within the app, either in comments or as part of your user name or email

Data Protection

Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation(EU) 2016/679 and your rights and Our obligations under this Regulation.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy

Acceptable usage Policy

You may only use our websites and app in a manner that is lawful.  Specifically:
• you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
• you must not use our websites or app in any way, or for any purpose, that is unlawful or fraudulent;
• you must not use our websites or app to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
• you must not use our websites and app in any way, or for any purpose, that is intended to harm any person or persons in any way.

We reserve the right to suspend or terminate your access to our websites and app if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
• suspend, whether temporarily or permanently, your right to access Our Site;
• issue you with a written warning;
• take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach, take further legal action against you as appropriate;
• disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or any other actions which We deem reasonably appropriate (and lawful).
• We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Intellectual property

We grant you a limited, non-exclusive, non-transferrable, revocable licence to access, view, download, install and use the website and App for the purposes set out in these Terms and Conditions.

You must not modify, reproduce, distribute, or publish the webste,  App or any documentation or materials from which they are created. You must not, and must not attempt to, reverse-engineer, create derivative works out of, or decompile the website or App or any part of the website or App.

You must not remove or alter, or reuse in any manner or for any other purpose, any copyright, trade mark, or other notices that have been placed within the website or App.
We (or the persons who have licensed the relevant rights to us) retain all rights in the website and App and its contents other than the rights granted to you under this paragraph

Law and Jurisdiction

Any reference in these Terms and Conditions to the words "include" or "including" (or any similar term) is not to be read as implying any limitation because they are followed by words that indicate a particular class of acts, matters or things.

You acknowledge that no waiver by us of any breach of any provision of these Terms and Conditions by you will be considered as a waiver of any subsequent breach of the same provision or any other provision, and that no other action by us in respect of a breach by you will bind us to take the same action in respect of future breaches.
You may not assign any of your rights under these Terms and Conditions to any other person without our prior written consent.

If any of these Terms and Conditions is found to be invalid or unlawful, the relevant provision will be severed from the remainder of these Terms and Conditions, and the remainder of these Terms and Conditions will continue to be valid and enforceable to the fullest extent permitted by law.

These Terms and Conditions and any dispute or claim between you and us arising out of or in connection with it or its subject matter will be governed by the laws of England. By agreeing to be bound by these Terms and Conditions, you agree to submit to the jurisdiction of the English courts.

We will post an updated version of these Terms and Conditions in the Jisp app and on our website. You will be deemed to have accepted such changes by continuing to use the App where applicable and are subject to these T&Cs permitted to participate in the Jisp Referral Programme after the date such changes are posted.
Last Updated: March 2021
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