Terms & Conditions

MyPrompPal Ltd ("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 'we', 'our', or 'us' and 'MyPromoPal' shall be bound within these terms and conditions.

"You" means you, the user of MyPromoPal, "Your" shall be interpreted accordingly. "We/Us" means MyPromoPal Ltd and "Our" shall be interpreted accordingly. "MyPromoPal" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via MyPromoPal. "Users" means the users of MyPromoPal collectively and/or individually as the context admits. "Website" means a site on the World Wide Web. 

Terms and Conditions:

These Terms and Conditions shall apply to Your use of the website located at www.mypromopal.com and its related pages ("MyPromoPal"). 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 may change these Terms and Conditions from time to time and so you should check these regularly. Your use of MyPromoPal will be deemed an acceptance of the terms existing at that time.

Terms and Conditions applying users of the MyPromoPal Service

Acceptable Use:

You agree that any use by You of MyPromoPal shall be in accordance with the following conditions:

You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on MyPromoPal except as is strictly necessary for Your own personal non-commercial home use.

You will abide by the specific rules of any promotion that You participate in on or via MyPromoPal. You will not create or attempt to create multiple accounts.

You will not do anything that affects the operability or security of MyPromoPal or causes unreasonable inconvenience or offence or disruption to our staff.

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. No use of the Website is permitted to any commercial organisation to verify information, data or databases as to venues who have subscribed to the MyPromoPal service and/or other information on MyPromoPal.

Content from our Website that is NOT available via our specific API's cannot be used for any commerical purpose, either individually or in aggregate, or be subsequently republished without explicit and written consent from MyPromoPal.

Third Party Websites

You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the 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.

Intellectual Property

All copyright, trademarks, database right and all other intellectual property rights in all material or content supplied as part of MyPromoPal 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, and You will not assist or facilitate any third party to, copy, reproduce, 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.

If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

Policy and Approach to Trademarks and Logos

  1. Description and Source: We may incorporate the logo(s) of brands, or bodies on our platforms, partners or client platforms, for specific, and non-commercial purposes.

  2. Purpose of Use: The primary objective behind the use of these logo(s) is to identify the respective brands and provide accurate visual context to our content, at no point are these logos intended to indicate a partnership between MyPromoPal, or any of MyPromoPal’s partners or clients, and the logo(s) in question. This aligns with our commitment to offer genuine, clear, reliable and relatable information to our users.

  3. Fair Dealing Consideration: Our utilisation of the logo(s) is grounded in the principles of "not infringing" as laid out in the UK Copyright, Designs and Patents Act 1988. Specifically:

  • Purpose and Character: Our intention is informational and non-commercial, primarily leaning towards the provision of up-to-date access to information about upcoming promotions on our platforms, partners or client platforms.

  • Amount and Substantiality: Only the essential portions of the logo(s) are featured, retaining their core essence without alteration.

  • Effect on the Market: Our use neither substitutes nor adversely affects the demand for the original logos. Their context on our platforms, partners or client platforms doesn't diminish their original value or function.

  1. Respect for Intellectual Property: Recognising the significance of intellectual property rights, our objective is to use the logos in a manner that respects both fair dealing principles and the inherent values of the brands, competitions or bodies they represent.

  2. Resolution Mechanism in the Event of Disputes: Should any rights holder believe that our use of their logo infringes upon their rights, we commit to:

  • Promptly reviewing any written concerns presented to us.

  • Engaging constructively with the rights holder to gain clarity on their reservations.

  • Taking immediate corrective action, including removal or modification of the content, if our use is found or deemed to infringe upon their rights.

In proactively outlining this policy, our intent is to transparently communicate our respect for intellectual property rights while simultaneously serving our users with accurate and relatable content.

Liability for and information provided on MyPromoPal

We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within MyPromoPal.

We will endeavour to provide MyPromoPal using all reasonable care, but we rely on the correct uploading by subscriber venues to upload correct and up to date information to MyPromoPal.

Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of MyPromoPal and do not promise that the promotions or material contained in MyPromoPal, or any of the functions contained in MyPromoPal or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of MyPromoPal.

Complaints

If you feel that any aspect of the MyPromoPal service warrants a complaint, you may contact us by email at Lee-Anne@mypromopal.com, or in writing to MyPromoPal 22 Dalboyne Park, Lisburn, Northern Ireland, BT28 3BU.

Misuse of the MyPromoPal service

Venues can promote their venue with the most appropriate wording that you wish to use. Since this is free text, we ask that all our customers promote their venues in a responsible manner.

You are responsible for ensuring that any material you post, nor any activity or communication you make in connection with the MyPromoPal service, will 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 reserve the right to suspend or terminate any customer or user's access to the MyPromoPal service, and/or to remove, or require the customer to remove, material posted on MyPromoPal, if the relevant customer or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. 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.

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.

If any third party sites are linked to from the MyPromoPal service, this does not mean that we endorse or have any responsibility for the site in question or anything that appears on it.

Intellectual Property: You acknowledge that all copyright, trademarks, database right and other intellectual property rights in and relating to the MyPromoPal service (including the material which is contributed by customers) are owned by MyPromoPal Limited. Therefore, no-one may copy, distribute, show in public or create any derivative work from the MyPromoPal service, or any of the venue information or other material which is found on the MyPromoPal service unless properly licensed to do so by us.

Excluded loss:

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences.

Law:

This Agreement shall be governed by and construed in accordance with the laws of England, Wales and Scotland and Northern Ireland. Nothing on this page affects your statutory rights.

Personal Information:

Information about our customers is kept by us for the purpose of accounting and sales only. The information is treated as strictly confidential and is recorded in a secure medium. We do not allow any such information to be accessed by or made available to a third party except where we are obliged to do so by law. 

Operation of the MyPromoPal Service:

MyPromoPal reserves the right to withdraw or modify aspects of the MyPromoPal service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the MyPromoPal service becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will use reasonable skill and care to overcome these difficulties where they are within our control.

MyPromoPal Online Promotions Terms and Conditions

  1. By participating in a MyPromoPal Ltd, or one of its partners, online promotion, you fully agree and accept our Terms and Conditions

  2. Unless otherwise specified MyPromoPal’s online promotions are only open to UK and Ireland residents aged 18 and over only

  3. All promotions are non-refundable and non-transferable

  4. No cash alternative will be offered for any promotions

  5. Claimants consent to MyPromoPal’s reasonable usage of their online username

  6. MyPromoPal reserves the right to alter these Terms and Conditions at any time and in its sole discretion

  7. MyPromoPal reserves the right, at any time, to cancel, modify or suspend any online promotions if, in its sole judgement, The Promotion is not capable of being conducted as specified

  8. Promotions will only be accepted through the MyPromoPal app

  9. In taking part in this Promotion, a Participant will be providing personal data to the Promoter. Any personal data which you submit will be processed in accordance to MyPromoPal’s Privacy Policy, in accordance with relevant data protection legislation including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018

  10. We will only share your data in accordance with our Privacy Policy and as set out in these terms and conditions

  11. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability, for any injury sustained, loss, or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: any theft, unauthorised access or third party interference; or any tax liability incurred by any participant. The Promoter will not be liable for any loss, damage or injury sustained, as a result of, or in connection with this Promotion (in contract, negligence or otherwise) where:

a. there is no breach of a legal duty of care owed to the participant;

b. the loss or damage is not a reasonably foreseeable result of any such breach; or

c. any loss or damage or increase in loss or damage results from a breach by the participant of these terms and conditions or to the extent that the participant has failed to mitigate such loss or damage; and

d. any loss or damage or increase in loss or damage results from business losses, and/or losses to non-consumers and any other third party.

12. The Promoter shall not be held liable for:

a. Systems failures at the redemption of the handling house

b. Any failure to fulfil obligations of any third parties involved in this Promotion

c. Any fraud committed by any third party nor in an event beyond its control

13.  The Promoter’s decision is final in all promotional circumstances, and reserve the right not to enter into correspondence.

14. The Promoter reserves the right to:

a. amend these terms and conditions 

b. disqualify any participant who breaches the rules in any way;

c. cancel the promotion, at any stage, it in it’s opinion it is deemed necessary or if circumstances arise outside of it’s control

15. All Participants in this Promotion must be of legal UK and Republic of Ireland drinking age and over 18 at the point of entry into the Promotion, and must not knowingly refer anyone to the Promotion that is not of legal UK drinking age and over 18.

16. No waiver – the Promoter’s failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision

17. This offer and these terms are subject to the laws of England, Northern Ireland, Scotland and Wales. 

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