Terms and Conditions
YOUR ATTENTION SHOULD BE PARTICULARLY DRAWN TO THE LIMITATION OF LIABILITY PROVISIONS IN SECTION NUMBER 7.
You should print a copy of these terms and conditions for future reference.
- Stampuno is Stampuno Limited of registered office address: First Floor, Radius House, 51 Clarendon Road, Watford, Hertfordshire, England, United Kingdom, WD17 1HP. Company number 09887309.
- Partner, the individual or the company that sign up for Stampuno Service for commercial use.
Nothing in these Terms will be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between either of the parties or as authorising either party to act as agent for the other. Neither party will have authority to make representations for, act in the name or on behalf of or otherwise to bind the other party in any way.
In these Terms and Conditions:
Stampuno Limited is referred to as "Stampuno", "we" or "us".
Merchants are referred to as "Partner", "Partners", "merchant", "merchants", "business", "businesses", "you" or "your".
Customers who claim tokens and rewards from the partners by using the Service are referred to as "member", "members", "customer", "customers", "user" or "users".
The services we provide are referred to as the "Service".
"tokens", "stamps" or "points" mean the tokens awarded by partners to members.
"Our Cloud Servers" are referred to the group of infrastructure computers we use to process our transactions, and they are located in the United Kingdom.
"Website" is https://stamp.uno and includes any subdomain under stamp.uno.
Business days do not include public UK holidays and weekends.
Beginning of subscription period is the day after the end of the free trial period.
Stampuno cards are loyalty cards offered to our members to let them earn tokens and redeeming rewards with every qualifying purchase from our Partners. The options available are either plastic or e-cards.
These Terms and Conditions apply to your use of the Service operated by Stampuno. The Service may be used to issue loyalty tokens to customers. These token transactions are processed through Stampuno's database and software installed on Our Cloud Servers, at Stampuno's offices and/or as software on phones, tablets and/or computers at the partner's premises. You have access to your issued tokens and to offers made by you via the Website.
5. Stampuno Intellectual Property Rights
We licence but do not sell you Stampuno software. We remain the sole owner of it.
All the intellectual property rights in or related to:
- Stampuno tablet applications
- Stampuno mobile applications
- Stampuno computer applications
- Stampuno Websites
- Domain names
- Stampuno marketing material
- Stampuno services
- All trade names, trade marks and logos of Stampuno card
- All data collected by Stampuno's servers
Considered individually or all together, shall at all times, remain solely under the ownership of Stampuno Limited. Stampuno reserves the right to amend the intellectual property rights at any given time without any prior notice.
For the duration of your subscription, Stampuno is free to use your logo, and business name provided such use is solely in connection with the marketing, demonstration and advertisement of our Service.
You agree not to decode, decompile, disassemble, recreate, render, reverse engineer or explore any of the Stampuno system, including other intellectual property rights. You agree not to use the Stampuno system for any other purpose other than for the purpose it is supplied to you by Stampuno, i.e. as a customer loyalty system. You agree not to copy any part of Stampuno system offline or online, fully or partially.
7. Warranties and Liability
Stampuno makes no representations or warranties, express or implied, regarding the Service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in these Terms and Conditions, Stampuno shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. In particular, Stampuno accepts no responsibility or liability for claims against the merchant from customers. Stampuno neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.
We cannot and do not guarantee the continuous or uninterrupted operability of our Services (since this depends on a number of factors outside our control), and there may be periods of downtime for maintenance and upgrade work to be carried out (whether on a scheduled or unscheduled basis). As Stampuno does not control the security of the Internet or other networks you use to access Stampuno Services, Stampuno is not responsible for the security of information that you choose to communicate with Stampuno while it is being transmitted or for any data lost during transmission.
The Partner hereby undertakes and agrees to indemnify Stampuno and keep it fully indemnified from and against any costs, losses, damages, expenses and/or liabilities (including without limitation any legal fees and expenses) which may be suffered or incurred by Stampuno arising out of or in connection with (i) any claims, proceedings, demands or actions by third parties arising out of or in connection with Stampuno supply of and/or the Partner's use of the Service (including without limitation claims under the Data Protection Act 1998) and/or any breach of the Partner's undertakings or obligations set out in these Terms, and/or (ii) any breach by the Partner of its obligations under these Terms, and/or (iii) the Partner's negligence or willful misconduct.
The Partner agrees that all the limitations and exclusions of liability in favour of Stampuno in the Terms are reasonable in the circumstances under which the Service is to be performed. Stampuno is under no obligation to indemnify Merchant for any reason.
9. Redemption of Tokens Contract
The contract regarding the redemption of tokens and the provision of goods and services which can be obtained by tokens is between the member who has obtained the tokens by consuming your services and you. It is NOT with Stampuno. Accordingly, Stampuno is not responsible for any disagreement with a customer with regard to goods or services in return for points that the customer may have accumulated.
It is your responsibility to keep true and accurate records of descriptions of your services, loyalty programmes, promotional deals offered to your customers and deals redeemed by your customers. Stampuno is not liable for any error or misrepresentation in the descriptions of your services.
11. Termination of Service
If you wish to terminate the Service with us, you must notify Stampuno in writing by email or recorded delivery. We will terminate your Service on the beginning of the next billing cycle.
Upon termination of the Service, Stampuno users must be notified and given 7-days to redeem any remaining tokens.
Stampuno may at any time modify these Terms and Conditions. Any modifications will become effective upon the posting of the modified Terms and Conditions on the Website. We will notify you by email to the email address that we hold for you.
13. Termination by Stampuno
Stampuno reserves the right to terminate the Service and/or your use of the Service at its discretion without notice. Stampuno will refund you for the balance of any amount due minus any debts due by you to Stampuno.
If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
15. Payments and Fees: Direct Debit Instruction
By activating your Stampuno Partner Account, you agree for us to charge you a monthly membership fee as posted on our website.
The fees are administered using a Direct Debit payment scheme and processed on behalf of Stampuno Limited by GoCardless Ltd. GoCardless is authorised by the Financial Conduct Authority under the Payment Services Regulations 2009, registration number 597190, for the provision of payment services. GoCardless is a BACS approved bureau.
To setup payments, you will be redirected to GoCardless website then complete the GoCardless secure Direct Debit mandate.
You will be charged in advance on a monthly basis starting at the beginning of your subscription period. In case of a monthly recurring payment schedule that started on the 29th, 30th or 31st of the month, the fee will be collected on the last day of the month if the current month has fewer days.
Payments collection will continue until you cancel as per section 11.
We will attempt to collect the Direct Debit fee on the agreed date. If the first attempt at collecting a payment is not successful for any reason, we will make up to two further attempts to collect over the following seven days. If our attempt(s) to collect paymentfails then Stampuno reserves the right to restrict access the Services until the required payment is made.
No refund of any amounts and fees stated or referred to in these Terms shall be given under any circumstances.
If you change your bank / current account provider, as part of the transfer, you should ask your new bank to switch your existing Direct Debit over to your new account to ensure instalments are not missed. Please speak to your new account provider in the first instance before contacting us.
17. Data Protection
Stampuno is registered as a data controller under the Data Protection Act 1998 with the Information Commissioner's Office (ICO Registration Reference: ZA294321) in respect of any personal data provided directly to Stampuno by customers. In the event that you collect any personal data directlyvfrom customers, you will be deemed the data controller of such personal data and will be under an obligation to comply with the terms of the Data Protection Act 1998.
For the avoidance of doubt, Stampuno will not be obliged to provide you with any personal data of customers which would be in breach of the Data Protection Act 1998.
18. Force Majeure
Stampuno shall not be liable for any failure or delay in performance of its usual services or business activity which is caused by any event beyond the reasonable control of Stampuno, including, without limitation, any emergency, natural calamity or situation ("Force Majeure Event"). Any delay or failure in the performance by either Party under these Terms of Conditions shall be excused if and to the extent caused by the occurrence of a Force Majeure Event.
19. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.