These terms and conditions are important and should be read carefully. By using the SHOP SCAN SAVE® service, you agree to these terms. If you do not agree to these terms you may not use the SHOP SCAN SAVE® services. We will notify you of any changes via your SHOP SCAN SAVE® mobile application.
Mobilize Systems, operators of SHOP SCAN SAVE®, reserves the right, at any time, to change these terms and conditions and your continued use of the SHOP SCAN SAVE® service is deemed to be your acceptance of such changes.
In these terms and conditions, certain words have defined meanings which are set out in this Section 1 as follows:
"Customer" and "you" means the applicant or end user of the SHOP SCAN SAVE® service;
"Electronic ID" means the electronic barcode or numeric membership ID that we will send to your handset, which you can present to participating PayPoint outlets and redeem against the Products;
"Handset" means the mobile device used by you to access and use the Service;
"Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom);
"Mobilize", "we" and "us" means Mobilize Systems Limited registered at St. James' House, 13 Kensington Square, W8 5HD;
"Information Pack" means the information pack relating to the Service;
"Offers" means a discount offer on a Product sent to Customers;
"MMS" means Multimedia Messaging Service;
"Brand Owners" means those entities that have authorised the issue of SHOP SCAN SAVE® Offers which can be redeemed against specified Products;
"Participating PayPoint outlets" means those retailers notified by us that will accept your Electronic ID through their PayPoint terminal;
"Product" means the product type marketed by the Brand Owner to which a specific offer applies;
"Service" and "Services" means the SHOP SCAN SAVE® service provided by us to you;
"SMS" means Short Messaging Service;
2.1 In order to use the Service you must register with us.
2.2 You may register with us by:
2.3 In the event that you are required to provide information to us in the course of registration, you shall ensure that all of the information you provide is accurate and you agree to notify us in the event that the information becomes inaccurate for any reason.
2.4 All registrations are subject to verification by us and we reserve the right to refuse or withdraw the service in our absolute discretion. We will notify you if you registration has been accepted.
3.1 We will send to your mobile phone offer updates typically every two weeks or at other intervals as we specify containing new offers which you may take to participating PayPoint outlets and redeem against your purchase of goods from them.
3.2 Your presentation of the Electronic ID to participating PayPoint outlets is an offer to use the relevant Offer which you make to the store, for the purchase of the Product subject, to the redemption of the related SHOP SCAN SAVE® Offer. A contract is formed between you and the store when the store accepts your offer by taking the resulting purchase price in consideration for the sale of the Product.
3.3 Unless otherwise stated by us or by the selected store or Participating Advertiser, the following applies to SHOP SCAN SAVE® Offers:
3.4 Without limiting the registration requirements in Section 2 above, the availability of the Service depends on your possession of a Handset and a mobile network service which allows you to use a Mobile application.
3.5 Alcohol Offers
4.1 You undertake that you shall not:
5.1 We provide the Service without charge to you and as such, it is provided to you 'as seen' and 'as available'. We make no representations or warranties, either express or implied, of any kind with respect to the Service, including its operation, content, information or materials. By way of example, we do not warrant that the Service is accurate, complete, and current or that the Service will operate without interruption or be timely, secure or error free. Any reliance by you on the Service shall be at your own risk. We disclaim all warranties, express or implied, of any kind with respect to the Service and its use including but not limited to satisfactory quality, fitness for purpose, non-infringement, price and/or availability of Products to the maximum extent permitted by law.
5.2 Without limiting the scope of Section 5.1 above, there may be circumstances where the redemption value of the SHOP SCAN SAVE® Offer credited to your Electronic ID is incorrect. You acknowledge that the Electronic ID does not provide you with a legal right to a reduction in the purchase price of the Product of an amount equal to the face value of the offer. You further acknowledge that in the event of any conflict or ambiguity between the offer information sent to your handset and the information in the possession of the store, the information of the store shall prevail. Your ability to redeem each SHOP SCAN SAVE® Offer is subject to availability of products at participating PayPoint outlets. The stores may in its absolute discretion refuse to accept SHOP SCAN SAVE® Offers.
6.1 Nothing in these terms and conditions shall operate to limit our liability for fraud or for death or personal injury arising from our negligence or the negligence of our officers and employees.
6.2 Subject to Section 6.1 above, we exclude all liability for loss or damage of any kind to the maximum extent permitted by applicable law. You agree that this liability is comprehensive and applies to all damages of any kind (including without limitation, direct, indirect, compensatory, special, incidental and consequential loss, loss of data and loss of profit) to the maximum extent permitted by applicable law.
7.1 All Intellectual Property Rights in and to the Service including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material comprising the Service belongs to us or our licensors. All rights are reserved.
7.2 We permit you to access and use the Service through your Handset for the purpose of displaying your Electronic ID and for receiving and redeeming SHOP SCAN SAVE® Offers in the course of using the Service.
7.3 With the exception of trademarks and logos of the stores or Brand Owners, all trade marks, trade names and service marks are proprietary to us or our licensors.
7.4 SHOP SCAN SAVE® is a registered Trade Mark and is not to be used without explicit written permission from us.
9.1 We may terminate or suspend your access to the Services at any time at our absolute discretion.
9.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
9.3 You may terminate your membership of SHOP SCAN SAVE® at any time by
11.1 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected.
11.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
11.3 Without limiting Sections 5 (Disclaimers) and 6 (Limitation of Liability), we do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
11.4 These terms and conditions constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You are not permitted to assign this Agreement. We may assign or transfer any of our rights under this Agreement without notice to you.
11.5 Unless expressly provided in these terms and conditions, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11.6 Any notice request instruction or other document to be given shall be delivered or sent by first class post or fax [or by email] to the address or to the fax number [or to the email address] of the other party set out in terms (or such other address or numbers as may have been notified and any such notice or other document shall be deemed to have been served (if delivered) at the time of delivery (if sent by post) upon the expiration of 48 hours after posting, (if sent by facsimile transmission) upon the expiration of 12 hours after dispatch, and upon receipt back of confirmation of receipt (if sent by email).
These terms and conditions are governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the English courts.