These terms and conditions ("Terms and Conditions") constitute an agreement between you and Bubbles Online Services Ltd 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.
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.
We may withdraw our support for the App or introduce a charge or charges applicable to the use of the App at any time. We will notify you if we do so 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 1 June 2015.
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.
2. Use of the App
The App has been designed to facilitate shopping making it a more personal experience. This will include visits to shops and other businesses such as a restaurants, hotels, sporting venues, cinemas and theatres.
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.
The App works in three distinct ways; a) helps businesses you are engaged with whether online or in the high street (presently or previously) to serve you better; b) provides offers and product matches based on the products / services you are searching for; c) makes suggestions based on your interests.
The App works by intelligently matching products and services based on your Profile, Search History (including shop visits) and/or Favourites
You can remove your profile and preference by selecting the appropriate 'Menu' then choosing 'Profile' or 'Preferences'.
A device known as a "Beacon", which emits a low-energy Bluetooth signal, is detected by your mobile (so long as your Bluetooth setting is switched to 'On'). The App identifies the Beacon which in turn through our software gives us your location (ie., the business premises). Other Beacons in the premises can indicate your location within a shop department.
Depending on your permissions and the information you have provided in relation to your profile, history and interests and provided that your Device is within the range of the relevant Beacon, the App will receive relevant content to help you with your visit and/or shopping.
All offers, product matches and any information pertinent to your visit can be recorded, with your permission, into your 'Timeline' - a feature which allows you to review products and/or offers that were derived from visits, searches or recommendations, whether from websites or a business in the high street.
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.
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.
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.
The App may offer additional functionality from time to time, including the provision of maps. 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 will need to disable the geo-location function on your Device using the settings of your Device. However, if you do so, you may not be able to benefit from the full functionality of the App.
3. Restrictions of use
a. 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.
4. Intellectual property
We grant you a limited, non-exclusive, non-transferrable, revocable licence to access, view, download, install and use the App for the purposes set out in these Terms and Conditions.
You must not modify, reproduce, distribute, or publish the App or any documentation or materials from which the App is created. You must not, and must not attempt to, reverse-engineer, create derivative works out of, or decompile the App or any part of the 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 App.
We (or the persons who have licensed the relevant rights to us) retain all rights in the App and its contents other than the rights granted to you under this paragraph
If you create an account with jisp, are a resident of the United Kingdom and over 18 you will be able to enter the free daily prize draw Competition.
No account using a temporary email address is permitted to enter a jisp Competition or claim a prize.
All Competitions provided via the jisp app or via the jisp website are free prize draws; these prize draws are not licensable gambling or betting services and are not regulated by the Gambling Commission. By entering any Competition you accept that you are entering into an arrangement solely between you and jisp, and that you will have no right to appeal to or otherwise involve the Gambling Commission (or any other third party) in the event of any dispute.
All Competitions will operate as described in their RULES. Before entering a Competition you warrant that you have read the RULES to familiarise yourself with the way in which that Competition will be run and by participating you agree to the RULES.
You agree that, in the event of any dispute as to the winner of a Competition, jisp shall have sole authority to decide which, if any, party is the winner of any Competition. You further accept that JISP shall be under no obligation to enter into any correspondence with users in relation to any dispute.
Certain Competitions offered via jisp provide users with a limited window of opportunity in which any prizes won can be claimed. By entering such Competitions you specifically acknowledge that you will forfeit your right to any prize that you may become entitled to but subsequently fail to claim during the relevant window.
In instances where a user submits more than one entry to a single Competition, either by design or through error, jisp reserves the right to declare all entries made by that user to the relevant Competition as invalid and void.
If jisp considers that multiple accounts have been opened by, or are being operated by, one person, all such accounts shall be terminated and all entries by the account's owner will be declared void and disqualified from participating in the Competitions or receiving any prizes.
Any user that amends their personal details (including without limitation their First Name, Last Name, or Mobile Number) during a Competition may have their entry submission declared null-and-void if it is believed to be an attempt to manipulate, evade or circumvent the relevant Rules or the terms of these Terms and Conditions.
6. Gift Cards
All gift cards are subject to the individual terms and conditions of the issuing merchant.
Please refer to these terms to be aware of the limitation of use. The gift card may only be redeemed with merchant based in the United Kingdom.
Your digital gift card will be delivered via jisp and placed into your Timeline - you will not receive a physical gift card.
Please check the redemption instructions and terms and conditions carefully before choosing your digital gift cards they cannot be returned or refunded.
Promotions cannot be combined with any other voucher, offer, discount or promotion code and may not be redeemed for cash.
You must be over 18 to play.
If the winner(s) fail to reveal and claim the prize and submit an address (where required) within the allotted time the prize cannot subsequently be claimed.
A user may only enter one Free Daily Draw Competition at a time. A user who attempts to use multiple registrations using different email addresses will have their entry or entries disabled without notice.
Once the draw has been made all new users who register on the same day will not be included until the following day.
All monetary prizes are automatically transferred to the user's account balance and remain subject to the user remaining qualified under the terms set out in these Terms and Conditions and within the Rules of the Competition.
To claim a gift prize – where indicated – the user must select the Claim link and provide a UK address before the next draw (denoted by a countdown clock).
Whenever there is a draw, those who have won and qualified by submitting an address may be notified of their winnings via email.
Any communication via email is not conditional to a competition prize being awarded. If your email provider chooses to filter emails into Spam/Junk folders then we cannot be held liable for missed communications.
For the purpose of fairness we reserve the right to query a user's registration. In particular, 'role' based email addresses (eg. email@example.com) or non-personal addresses (eg. firstname.lastname@example.org) are likely to be queried. We ask that you avoid using such email addresses if you can.
We reserve the right to withold winnings if we cannot ascertain that the entry is legitimate. We may require proof of address.
8. Referral Program
For you to participate and receive referral rewards for inviting new users to jisp the following is applicable:
you must have a valid jisp account;
to participate in the referral program and refer other people to join jisp and receive a referral reward you must have confirmed your email address after registering for a jisp account;
all referred individuals must use a recognised Referral code, must confirm their email address and have successfully fulfilled the minimum use of jisp;
all referred individuals must be new (and not returning or existing) jisp users. We reserve the right to determine in our sole discretion whether a user is new to jisp;
a referred individuals jisp account must remain active for a minimum of 30 days.
Your referral code is unique and is associated to you and your jisp account.
Participation in the jisp Referral Program is entirely optional.
jisp may choose to terminate participation in the Referral Program and/or jisp account if at its sole discretion it is believed that a user is in control of multiple accounts or manipulating users to falsely register multiple accounts to achieve referral rewards.
To promote your code other than orally to friends you must provide details of any and all promotional activity and prior to any activity be in possession of an approval email from jisp. This includes posting a message with your referral code to friends using social media. Please send your request to email@example.com
We may terminate a user’s eligibility or terminate their account based on any of the following actions:
opening multiple accounts, including with different e-mail addresses, for the same person in order to generate additional referrals;
refer people using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums;
distributing a referral code to multiple people via IM clients, by sending multiple or group text messages or in any other offline method (e.g in any printed material, mail or other document, or any oral solicitation);
use false names, impersonate other people, or otherwise provide false or misleading information to us;
offer incentives to others who register new accounts;
violate these terms or any other terms and conditions on jisp.
We reserve the right in our sole discretion at any time and without prior notice, to add to, remove or otherwise change these terms, including without limitation: changing the amount of the referral reward / bonus, modifying how users may earn and spend referral rewards. We will post an updated version of these terms in the jisp app and you will be deemed to have accepted such changes by continuing to use the jisp app and/or where applicable and subject to these terms permitted to participate in the jisp Referral Program after the date such changes are posted.
9. Disclaimer of liability
You acknowledge that the App is 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 App or if the App is unavailable, does not function as anticipated or is inaccurate.
Nothing in these Terms and Conditions will limit our liability to you in respect of:
death or personal injury caused by our negligence;
ii. 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).
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.