MyPromoPal Ltd
Terms & Conditions
Who we are and how to contact us
Mypromopal.com, the MyPromoPal app, or any other subsequent domain names (as applicable) is operated by MyPromoPal Limited, a company registered in Northern Ireland (Company Number: NI708058) with a registered address of 22 Dalboyne Park, Lisburn, Northern Ireland, BT28 3BU. To contact us, please email info@mypromopal.com
By using our site you accept these terms
These Terms and Conditions shall apply to Your use of the website located at www.mypromopal.com, the My PromoPal app and its related pages ("MyPromoPal"). "We/Us" means MyPromoPal Ltd and "Our" shall be interpreted accordingly. "You" means you, the user of MyPromoPal & "Your" shall be interpreted accordingly. By using MyPromoPal You agree to be bound by the Terms and Conditions set out below. If You do not wish to be bound by these Terms and Conditions, You should not use MyPromoPal. We recommend that you print a copy of these terms for future reference.
Access to MyPromoPal is restricted to (a) those individuals who, in a personal capacity for their own private interests, wish to have access to information regarding location of venues showing drinks promotions and other events and/or take advantage of other promotions offered by MyPromoPal, and (b) venues wishing to display venue information and participate in promotions.
There are other terms that may apply to you:
These terms of service refer to the following additional terms which also apply to your use of Our site:
Our Privacy and Cooky Policy which explains how we collect, use and store your personal data and sets out information about the cookies on our site
Any Promotional Terms and Conditions which set out the terms which apply to specific promotions available within our subscriber venues and which You participate in on or via MyPromoPal.
We may make changes to these terms:
We may change or update these Terms from time to time. Every time you wish to our our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of MyPromoPal constitutes your acceptance of the Terms as modified. We may also notify you of any material changes by push notifications within the MyPromoPal app or by email, to the email address provided to us at registration.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our services, our user’s needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only for users in the UK or Ireland
Our site is directed to people residing in the United Kingdom and Ireland. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
You must not create or attempt to create multiple accounts for one individual.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mypromopal.com.
Our intellectual property rights and how you may use material on our site
You acknowledge that all copyright, trademarks, database rights, and all other intellectual property rights in all material or content supplied as part of MyPromoPal, including the material contributed to by customers, shall remain at all times vested in Us or Our licensors.
You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, download, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. You further undertake not to extract from, reproduce, copy, adapt, store or download any information regarding venues partaking in promotions or the identity of such venues to create another database or information resource whether such database or information resource would infringe our copyright or database right. You undertake also not to use MyPromoPal to check or verify any similar databases or information resources to that of MyPromoPal whether created, managed or operated by you or a third party. Content from MyPromoPal cannot be used for any commercial purpose, either individually or in aggregate, or be subsequently republished without explicit and written consent from MyPromoPal. If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with these Terms.
Uploading content to our site – terms for subscriber venues
Whenever you make use of a feature that allows you to create content directly on our site and upload or share content to our site regarding Your venue, you must comply with these Terms. You are responsible for ensuring that any material you post and any activity or communication you make in connection with the MyPromoPal service, will not be capable of breaching any applicable law, infringing the intellectual property, privacy rights or other rights of any person or entity, appearing to be false, libellous, offensive, defamatory, abusive, discriminatory, obscene, unreliable or misleading. We ask that our venue subscribers promote their venues and complete their profiles in a responsible manner.
You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will consider any content you upload to our site to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to others. The rights you license to us are described below.
We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.
We have the right to suspend or terminate any user’s access to the MyPromoPal service and/or to remove, or require You to remove, any posting You make on our site if, in our opinion, your post does not comply with the acceptable use standards set out in these Terms.
In addition, we reserve the right to suspend or terminate any customer or user' access to the MyPromoPal service, if the relevant Member is abusive or communicates offensive messages or images to another customer. Where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact info@mypromopal.com.
Rights you are giving us to use material you upload – terms for subscriber venues
When you upload or post content to our site, you grant us the following rights to use that content:
A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service to expire when the user deletes the content from our site.
A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of our site to expire when the user deletes the content from our site.
User-generated content is not approved by us
Our site may include information and materials uploaded by our venue subscribers. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through MyPromoPal. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.
Any dealings between You and any third-party advertisers or merchants found on or via MyPromoPal, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
We are not responsible for viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not introduce viruses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. Any attempts to circumvent the system via force, scripts, automated devices, multiple accounts, or any other means will not be accepted and will be deemed a direct violation of this Agreement. We reserve the right to indefinitely ban or remove any person who is found to be in breach of this Agreement.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user (i.e. a subscriber venue):
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user
(i.e an individual wishing to have access to information regarding the location of venues showing drinks promotions and other events):
We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by Northern Irish law. We both agree that the courts of Northern Ireland will have exclusive jurisdiction, except that if you are a resident of England you may also bring proceedings in England, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident of Ireland, you may also bring proceedings in Ireland.
If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.
Complaints
If you feel that any aspect of the MyPromoPal service warrants a complaint, you may contact us by email at info@mypromopal.com, or in writing to MyPromoPal 22 Dalboyne Park, Lisburn, Northern Ireland, BT28 3BU.
The app store’s terms also apply
You must download the App from the relevant app store that is available on your device (App Store). When you use the App, the ways in which you can use the App may also be controlled by the applicable App Store's rules and policies, available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en-us_us/about/play-terms/index.html.
Where there is a conflict between those rules and policies and any of the provisions of these Terms, the App Store's rules and policies will prevail and the conflicting provision of these Terms will fall away. For the avoidance of doubt, the remaining provisions of these Terms will remain in full force.