Circle Rewards Loyalty Program End-User License Agreement

Managed by Village Market Mall

Circle Rewards

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Circle Rewards ("Application").

BY DOWNLOADING THE MOBILE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND AUTHORIZED TO USE THE MOBILE APPLICATION; AND (C) ACCEPT AND AGREE THAT YOU AND/OR THE ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS OF USE. Please note that your right to use and interact with the Mobile Application is subject to these Terms of Use. IF YOU (AND/OR, YOUR ORGANISATION) DO NOT AGREE WITH THESE TERMS OF USE (OR IF YOU ARE NOT AUTHORIZED), YOU SHOULD NOT ACCESS OR USE THE MOBILE APPLICATION. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect so long as you continue to use or access the Mobile Application, or until terminated earlier in accordance with the provisions of these Terms of Use. Any use or access to the Mobile Application by anyone under the age of 16 is strictly prohibited and is a violation of these Terms of Use.

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either a business or individual accepting this Agreement) and Circle Rewards and it governs your use of the Application made available to you by Circle Rewards

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

The Application is licensed, not sold, to you by Circle Rewards for use strictly in accordance with the terms of this Agreement.

1. License

Circle Rewards grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for the Circle Rewards loyalty program purposes strictly in accordance with the terms of this Agreement [Permitted purpose]

2. Restrictions

You agree not to and you will not permit others to:

  • 1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party
  • 2. Copy or use the Application for any purpose other than as permitted under the above section 'License'.
  • 3. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • 4. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Circle Rewards or its affiliates, partners, suppliers or the licensors of the Application.

3. Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are and shall remain, the sole and exclusive property of Circle Rewards

4. Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Circle Rewards with respect to the Application shall remain the sole and exclusive property of Circle Rewards

5. Modifications to Application

Circle Rewards reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

6. Updates to Application

Circle Rewards may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Circle Rewards has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

7. Warranties

The mobile application, the content and the user content (including without limitation, text, images, graphics, links, and other materials) on the mobile application is provided "as is" and "as available", without warranty of any kind. Circle rewards and its affiliates, partners, licensors and/or suppliers hereby expressly disclaim any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of any mobile site and the mobile application, the content or user content. Neither circle rewards nor its affiliates, partners, licensors and/or suppliers warrants or makes any representations that (i) the mobile application will be uninterrupted, timely, secure, or error free, or (ii) the results that may be obtained from the use of the mobile application (including any information and materials, tools or content on or in the mobile application) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

8. Indemnity

You agree to indemnify, defend and hold harmless Circle Rewards its affiliates, licensors, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any actual or threatened loss, damage, liabilities, deficiencies, claims, actions, judgments, settlements, awards, penalties, fines, costs and/or expenses of whatever kind (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the Mobile Application or any violation of these Terms of Use by you or a third party or person acting on your behalf.

9. Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Circle Rewards shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Circle Rewards does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

10. Term and Termination

This Agreement shall remain in effect until terminated by you or Circle Rewards

Circle Rewards may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

11. Privacy and Consent

Use of the Application is also governed by our Privacy Policy Statement which is incorporated into this Agreement by this reference. Please refer to our Privacy Policy Statement