Terms & Conditions

This Privacy Policy relates to your use and access of LOCACLICK CO., LTD ("LOCACLICK") smart phone customer loyalty application (the "Service"). This Privacy Policy should be read and agreed to alongside LOCACLICK Terms of Service before accessing the Service. In order for you to fully take advantage of our Service, LOCACLICK requires that you provide a certain amount of personally identifiable information ("Personal Information"). This Privacy Policy covers LOCACLICK treatment of Personal Information and other data that we gather when you are accessing LOCACLICK Service. The Service is not available to individuals who are younger than 18 years old.

What Personal Information Does LOCACLICK Collect?

We receive and store any information you enter on our Service or provide to us in any other way. We collect basic Personal Information as a condition of using and accessing the Service. Basic Personal Information may include your name, email address and a password. We also take care to refrain from asking for any more Personal Information than we need in order to give you the best experience with the Service.

The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with merchant programs through the Service, improving the content of the Serve, customizing the advertising and content you see, and communicating with you about specials and new features.

Is Personal Information About Me Secure?

Your LOCACLICK account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and limiting access to your computer/phone and browser/application by signing off after you have finished accessing your account. LOCACLICK endeavors to safeguard user information to ensure that user account information is kept private by storing your personal information on secure servers which are designed to ensure that your information stays private. However, LOCACLICK cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software and other factors may compromise the security of user information at any time.

The Service may contain links to other sites. LOCACLICK is not responsible for the privacy policies and/or practices on other sites. When linking to another site, you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Service.

How is My Information Shared?

We will not sell, rent or use Personal Information in ways not described in this Privacy Policy.

Our Merchant Partners: Since LOCACLICK is a customer loyalty application, we enter into relationships with a variety of merchants and work closely with them. Merchants are able to access information provided by LOCACLICK that details anonymous behavior information in order to make relevant offers. Your Personal Information may also be shared with our Merchant Partners in order to provide you with the best Service possible, but all Merchants will be required to protect your Personal Information as a condition to doing business with us. While our Merchant Partners commit to providing you with a comparable level of protection of your Personal Information, we disclaim any liability for a breach of privacy by our Merchant Partners. You can be assured, however, that we will treat any such violations by our Merchant Partners seriously.

In addition, in certain situations our Merchant Partners may sell items or provide promotions to you through the Service. In other situations, LOCACLICK provides services, or sells products jointly with these businesses. You can easily recognize when one of these businesses is associated with your transaction, and we will share your Personal Information that is related to such transactions with that business, unless you have elected not to be solicited by marketing partners during the registrations process or through the account settings page.

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Or agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they proved a comparable level of protection for your Personal Information.

Business Transfers: If LOCACLICK sells all or substantially all of its assets are acquired, or in the unlikely event that LOCACLICK goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.

Protection of LOCACLICK and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence; enforce or apply our conditions of use and other agreements or protect the rights, property or safety of LOCACLICK, our employees, our users, or others. This includes exchanging information with other companies and organizations (including outside of your country of residence) for fraud protection and credit risk reduction.

LOCACLICK may also use the Personal Information that you provide so that we can track your purchasing habits, recognize you when you visit another Merchant Partner and provide you with relevant loyalty information/programs.

What Personal Information Can I Access?

When you login to the Service, LOCACLICK will provide you with access to your Personal Information in order to update or correct certain of the information you have provided.

How Do I Delete My Account?

If you ever decide to delete your LOCACLICK account, you may do so by visiting the LOCACLICK smart phone application. If you terminate your account, your profile will be deleted; however, residual copies of your profile information may remain on backup servers for up to 180 days.

Cookies

LOCACLICK requires the use of cookies to operate at its best. If your browser/phone is set to reject cookies, you may have trouble using the Service. We use cookies so we know who you are when you back to the Service and we can keep track of your previous activity on the Service.

Will There Be Changes to This Privacy Policy?

LOCACLICK may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when they use the Service after such changes have been first posted.

Conflicts

In the event that there is a discrepancy between this Privacy Policy and the Terms of Service, the Terms of Service will be the authority on our policies.

Contact

If you have any questions or concerns for us, please email feedback@locaclick.com

BY ACCESSING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY AND AGREE TO ALL OF ITS PROVISIONS.

Terms of Service

The Terms of Service (the "Agreement") set forth the legally binding terms and conditions under which LOCACLICK CO., LIMITED ("LOCACLICK") provides services to its users. These terms govern the use of our website at www.locaclick.com (the "site") and any services, features, content or applications (collectively with the site, the "service") offered by LOCACLICK. Please read this agreement carefully prior to using the service offered by LOCACLICK.

Acceptance of Terms

By registering for or otherwise using the service, you, the user, accept all terms and conditions indicated herein, including LOCACLICK Privacy Policy and all other operating rules, policies and procedures published and/or updated with or without notice by LOCACLICK, each of which is incorporated by reference into this Agreement. This Agreement applies to all users of the service, including, but not limited to, individual users, contributors of content, information and other products or services on the site, and any merchants that may provide promotions through or link to the service.

Access

Use of the service, including, but not limited to, any service performed by LOCACLICK or any promotions, features, content or applications offered by or downloaded from LOCACLICK, is solely for customers' own use and not for the use or benefit of any third party.

Registration

Registration is required as a condition to using certain aspects of the service. Registration indicates that you represent and warrant to provide LOCACLICK with accurate and truthful registration information, such as your registration name ("user name"), email, and password (used to access the application/site). Your failure to keep registration information accurate and up-to-date constitutes a breach of this Agreement and may result in termination of your LOCACLICK account.

By registering, you represent and warrant that you are an individual of legal age to form a binding contract; or that you are an individual registering on behalf of an entity and that you are authorized to enter into and bind the entity to this Agreement. The service is not available to individuals younger than 18 years of age. If you are under the age of 18, you are not permitted to register with or use the service provided by LOCACLICK.

Further, all users agree to the following: (1) to not provide any false personal information or to create an account for anyone other than yourself or to use a user name that belongs to another person without their permission; (2) to not create a user name that belongs to a person other than yourself for purposes of impersonating that person; (3) to not register under a user name that is otherwise offensive, obscene or otherwise unlawful; and (4) to notify LOCACLICK, in writing, of any breach to your account or other unauthorized use of or activity related to your account.

LOCACLICK reserves the right to refuse your registration and to suspend or terminate your account and access to the service at any time, without notice. You are solely responsible and liable for any activity on your account, for maintaining your password confidential, and for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you. If your right to access and use the service is revoked by LOCACLICK, you agree to no longer use or access the service in any way.

Content

All content accessed through the service is at your own risk, and you acknowledge sole responsibility and liability for any damage or loss to you or another person. LOCACLICK does not guarantee the authenticity of any content or personal information provided by users, whether publicly posted or privately transmitted, and any content is the sole responsibility of the person who originated such content. For purposes of this Agreement, the term "content" includes, but is not limited to, any location, promotion, program or user information, comments, data, text, software, scripts, graphics and any interactive features provided or otherwise accessible through the service. Any content added, created, uploaded, submitted or distributed through the service is considered a "user submission."

LOCACLICK Content

Any content provided by LOCACLICK is protected by copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws, as applicable. Subject to the terms of this Agreement, LOCACLICK grants each user a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the content solely for personal, non-commercial use. Any use, reproduction, modification or distribution of any content for any purpose other than personal, non-commercial use is prohibited without the prior, written consent of LOCACLICK, or from the copyright holder, as identified on the content page.

User Submissions

If you submit content through the service, you hereby grant LOCACLICK a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and fully exploit such user submission. This license grant to LOCACLICK does not affect other ownership rights, such as the right to grant additional licenses of your user submission(s).

In transmitting a user submission, you represent and warrant that you have all rights to grant such a license to LOCACLICK and that such grant does not infringe or violate the rights of any third parties, such as privacy rights, publicity rights, copyrights, or any other proprietary rights.

Further, you acknowledge that any deleted user submission will be removed from the service, but may remain in backup copies for a reasonable period of time and may remain embedded with users who have accessed or downloaded such content.

Service Restrictions

No user shall submit, post, upload, distribute through or otherwise use any content on or through the service, including any user submission, that:

Infringes any patent, trademark, trade secret, copyright, right of publicity or any other third party rights;

Is false, misleading or inaccurate;

Is libelous, defamatory, threatening, harassing, abusive, obscene, pornographic; fraudulent, contains or depicts sexual activity, or is otherwise unlawful;

Constitutes unauthorized or unsolicited advertising (e.g. spam);

Contains software viruses or any other code designed or intended to disrupt, disable or damage the function of the service;

Impersonates any person or entity;

Includes personal identification or otherwise sensitive information;

Is in breach of any other policies incorporated herein.

Further, no user shall attempt to decipher, decompile, disassemble, reverse engineer or otherwise derive any source code or algorithms from the service. A user shall not modify, translate or create derivative works or copy, rent, lease, distribute, or otherwise transfer any of the rights received herein. All users must abide by applicable local, state, national and international law.

LOCACLICK cannot guarantee that all content and user submissions will be made available through the service. LOCACLICK reserves the right to do the following:

Remove, suspend, block, edit or modify any content or user submission, without notice, at its own discretion;

Access, preserve and disclose to users and others, at any time and without notice, any information deemed necessary so as to comply with an applicable law, regulation or legal process; enforce this Agreement; detect or prevent fraud; respond to user requests; and protect the rights of LOCACLICK, users or the public.

Third Party Websites

LOCACLICK may contain links to third-party websites, services or other resources on the Internet. LOCACLICK is not responsible for the content of these linked-to websites, such websites are not under LOCACLICK control, and the inclusion of links does not imply that LOCACLICK endorses, sponsors or is otherwise affiliated with such website. You acknowledge that LOCACLICK is not responsible for any damage or loss caused in connection with your reliance on any such content.

Termination

LOCACLICK may terminate all access to the service at any time, without notice, and with or without cause. Such termination may result in the destruction of all related information on the service and LOCACLICK assumes no liability in the event of loss or damage related to any ongoing promotions or programs made accessible through the service. In the event of termination, applicable provisions under this Agreement shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

LOCACLICK has no special relationship with or fiduciary duty to you, except as otherwise required by law. Under the terms of this Agreement, you acknowledge that LOCACLICK has no duty to take action regarding access to the service, content on the service, and fulfillment of any rewards that may be outstanding to you as a result of completion of certain loyalty programs and promotions offered through the service. Further, you hereby agree to release LOCACLICK from all liability related to content accessed through the service.

LOCACLICK, ITS SERVICE AND CONTENT, IS PROVIDED "AS IS" AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE.

LOCACLICK DOES NOT WARRANT ANY OF THE FOLLOWING: THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR COMPENSATED; THAT THE INFORMATION RECEIVED AND MADE AVAILABLE THROUGH THE SERVICE IS RELIABLE OR THAT YOU WILL RECEIVE ANYTHING IN RETURN FOR YOUR PARTICIPATION IN PROMOTIONS OR PROGRAMS; OR THAT ANY CONTENT IS AVAILABLE FREE OF VIRUSES.

FURTHER, LOCACLICK DOES NOT WARRANT THAT ANY INFORMATION OR RECORDS STORED ON ITS SERVERS WILL BE MAINTAINED ACCURATELY OR PERMANENTLY OR THAT ANY PROMOTIONS OR PROGRAMS OFFERED THROUGH THE SERVICE ARE GUARANTEED.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): LOCACLICK does not guaranty confidentiality or privacy of any information, whether personal or otherwise, or communication transmitted on the service or related to your use of the service.

Indemnification

You agree to defend, indemnify and hold harmless LOCACLICK against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees that arise in connection with your use of, participation with, or access to LOCACLICK or otherwise from your user submissions, violations of this Agreement, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity. LOCACLICK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to assist and cooperate with LOCACLICK in asserting any available defenses.

Limitation of Liability

All liability of LOCACLICK arising from any loss suffered as a result of your use of the service is expressly excluded to the fullest extent permitted by law. If a court of competent jurisdiction finds that LOCACLICK is liable, the total of such liability shall amount to no more than one hundred HK dollars (HK$100) in the aggregate. However, nothing herein excludes or limits your liability in respect of any indemnity given by you under this Agreement

LOCACLICK, including its directors, employees, and agents, shall not be liable under contract, tort, strict liability, negligence or any other legal or equitable theory, for: (1) any indirect or consequential losses or damages; (2) loss of actual or anticipated profits; (3) loss of revenue or goodwill; (4) loss of data; (5) loss of anticipated savings; (6) wasted expenditure; or (7) cost of procurement of substitute goods or services.

Dispute Resolution & Applicable Law

A printed copy of this Agreement and any other notices provided in electronic form by LOCACLICK shall be admissible in any judicial or administrative proceeding subject to the same conditions as other business documents. You and LOCACLICK hereby agree that any cause of action arising out of or related to the service must be initiated within one (1) year; otherwise, such cause of action is permanently barred.

This Agreement is governed by and construed in accordance with the laws of Hong Kong S.A.R. Any dispute arising from or relating to this Agreement shall be settled by arbitration in Hong Kong S.A.R.

Integration & Severability

This Terms of Service Agreement constitutes the entire agreement between you and LOCACLICK, and supersedes all prior communications, whether oral or written. In case any provision herein is found to be unenforceable, illegal or invalid, the enforceability of the remaining provisions shall not in any way be affected, and such provision shall be ineffective only to the extent of such invalidity, illegality or enforceability. The failure of any party to exercise any right provided for hereunder shall not be deemed a waiver of any further rights under this Agreement.

Modification of Terms of Service

LOCACLICK reserves the right to modify or replace any of the terms in this Agreement. LOCACLICK also reserves the right to change, suspend or discontinue the service at any time, without notice. LOCACLICK may also impose limits on content or the service without notice. Your continued use of the service constitutes acceptance of these changes; and it remains your responsibility to check for continued updates to this Agreement.

Miscellaneous

LOCACLICK shall not be liable for any failure to perform where such failure results from any cause beyond LOCACLICK reasonable control, including, but not limited to: (1) mechanical, electronic or communications failure; (2) the decision of any user (e.g. a participating merchant) to discontinue its loyalty program or promotion as offered through the service; or (3) any loss or damage resulting from participation in a loyalty program, whether or not the program or promotion is offered through or outside the purview of LOCACLICK service.

LOCACLICK may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement.

Contact: feedback@locaclick.com

Effective Date of Terms: Dec 14, 2011

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