Terms & Conditions

YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN THE TERMS OF USE OF THIS WEBSITE AND OUR MOBILE APP

What’s in these terms?

These terms tell you the rules for using our Website (IndieGB.com) our App (IndieGB) (together ‘the Sites’) and any and other services we may provide to you including:

  • Registering you as either a user of the Sites (‘Customer’) or local independent business (‘Business’);
  • Providing access to loyalty cards and promotions for use at participating Businesses and venues;
  • Any other services which may be linked to the Sites;

together (‘the Services’).

The Services we provide will create a link between a Business who may wish to offer goods, services, discounts and promotions (‘the Benefits’) and their potential Customers who wish to receive the Benefits.

Who we are and how to contact us

The Sites are operated by IndieGB Ltd (“We”). We are registered in England and Wales under company number 13224766 and have our registered office at Newminster House,27-29 Baldwin St, Bristol, BS1 1LT.

To contact us, please email support@indiegb.com.

Accepting these terms

By using the Sites as either a Customer or a Business or downloading the App and by checking the ‘accept’ box where indicated you agree to be bound by these terms and conditions.

These terms will form the contract between us which will remain in place from the point you accept these terms until we close your account for any reason.

We recommend that you print a copy of these terms for future reference.

You must be 18 years or over to use our Sites and to receive the Services.

Signing up for the Sites as a Customer or Business and opening an account

To register for the Services, you may be asked to confirm the following:

  • Your contact details
  • That you are over 18 years of age
  • Your mobile phone number
  • Email address
  • Any other information required in our sign-up page
  • Businesses will be required to register additional information on our Website to register their business and inform us of the Benefits they wish to offer.

You will be required to confirm that all the information you supply is true and accurate, and you must ensure that it is updated whenever there is a change to your information or circumstances.

Please note we may decline any application at our discretion.

Wherever a participating Business allows, Customers may receive the Benefits by scanning the relevant QR code provided by us via the App at the point of sale at the participating Business place of business.

Some Businesses may use Loyalty cards or other benefit schemes, and details of these will be provided on the App and/or our Website as required.

Our Sites are for use in the UK only

Our Sites are for users in the United Kingdom only. You must only use the Sites within this jurisdiction. We do not represent that content available on or through our Sites is appropriate for use or available in other locations.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Sites:

Your licence to use the App

The App is free to download for both Customer and Businesses. Charges may be applied in the future and we reserve the right to do so on reasonable notice.

How you may use the App, including how many devices you may use it on

Customers may download or stream a copy of the App, and view, use and display the App and the Service on their devices for personal purposes only.

Businesses may download sufficient apps to operate within their business and on further discussion and agreement with IndieGB.

Customers and Businesses may receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you from time to time.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Services. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services we provide, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

We are not responsible for other external websites

The Sites or any Services we provide may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Sites or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Sites or Services, except as part of the normal use of the Sites or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter, or modify, the whole or any part of the Sites, or Services nor permit the Sites or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Sites and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole of or any part of the Sites or the Services
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Sites or any Service.
Acceptable use restrictions

You must:

  • not use the Sites or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Sites, any Service, or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Sites or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Sites or any Service;
  • not use the Sites or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights

All intellectual property rights in the Sites and the Services throughout the world belong to us and the rights in the Sites and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Sites or the Services other than the right to use them in accordance with these terms.

The Sites are protected by copyright laws and treaties around the world. All such rights are reserved.

Our responsibility for loss or damage suffered by you

Limitations to the Sites and the Services. The Sites and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the Sites or the Service.

Although we make reasonable efforts to update the information provided by the Site and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.

We accept no responsibility for:

  • A loyalty card or QR code or any other benefit being accepted or rejected by any participating Business;
  • Any purchases you make at any Business;
  • Purchases and services received via a loyalty card, QR code or any other benefit offered by any participating Business
  • The Business alone is responsible for the provision of the goods and/or services and for the supply, delivery, after sales and all complaints for any goods and/or services received by a Customer.
  • All disputes must be taken up with the Business and we cannot become involved any such dispute

Please be aware that none of the Benefits carry any monetary value whatsoever.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and our Website) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control (including any action or omission by a third party and a Business), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the Sites and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the Sites and Services:

  • You must stop all activities authorised by these terms, including your use of the Sites and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. These terms were most recently changed on the 19th May 2021.

We may change or amend these terms and the Services without notice. If you continue to use the Sites and the Services, you will be deemed to have accepted the changes to these terms.

Update to the Sites and changes to the Service

From time to time, we may automatically update the Sites and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

We may suspend or withdraw our Sites

We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons without notice. However, we will try to give you reasonable notice of any suspension or withdrawal.

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.

You must keep your account details safe

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 use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us immediately.

Information on the Sites is for general information only.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete, or up to date.

User-generated content is not approved by us

This Sites may include information and materials uploaded by other users of the Sites. This information and these materials have not been verified or approved by us. The views expressed by other Customers or Businesses on our Sites, do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by Customers and/or Businesses, please contact us on support@indiegb.com.

If you wish to make a complaint about the goods or services you have accessed via the Sites, you must contact the relevant Business where those goods or services were purchased. You must not involve us in any dispute you may have with the provider of any goods or services.

Our responsibility for loss or damage suffered by you
  • 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.
  • We only provide our Sites for domestic and private access by Customers unless otherwise agreed in writing.
  • You agree not to use our Sites for any commercial or business purposes unless this has specifically been agreed in a licence or other formal agreement, and in any event, we have no liability to any Customer or Business for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Warranties and liability

You acknowledge and understand that we make no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the information on the Sites.

Both Customer and Businesses will, defend, and hold harmless IndieGB and their affiliates from and against all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including legal fees) incurred by IndieGB as a result of any breach or failure to comply with the provisions of these terms by a Customer or a Business.

IndieGB does not accept any liability in respect of any dispute whether legal or otherwise which arises as a result of any purchases made by a Customer via the App and the Customer and the Business will indemnify IndieGB and any of its affiliates, our and their officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute

The Customer and the Business agrees to indemnify and hold IndieGB, and its affiliates and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents it may incorporate by reference, improper use of the Sites, and the Services, and/or your violation of any law or the rights of any third party.

No Warranty

IndieGB, its officers, directors, employees and suppliers provide the Sites and the Services without any warranty or condition express, implied or statutory and disclaim any warranties or implied warranties of title, Businesses ability, fitness for a particular purpose and non-infringement regarding any of the properties or information on this Sites.

Limitation of Liability

In no event shall IndieGB, its officers, directors, employees or its suppliers be liable for lost profits or any special, incidental or consequential loss or damages arising out of or in connection with the Sites or the provision of the Services, howsoever arising including negligence. IndieGB’s liability, and the liability of its officers, directors, employees and suppliers to any User or Business, as the case may be, or any third party in any circumstances is limited to £100.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy and these terms.

Uploading content to the Sites

The Customer and any participating Business warrants that any Contribution to the Sites complies with our Content Standards noted below and will be 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 because of your breach of warranty.

Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us and other users of our Sites a licence to use, store and copy that content and to distribute and make it available to third parties in accordance with the rights noted below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Contribution you make on our Sites, if, in our opinion, your Contribution does not comply with the content standards set out below.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post a Contribution to our Sites, you grant us the following rights to use that Contribution:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Customer or Business generated content, and Contributions to the Sites, in connection with the Services and across different media including to promote the Site, the App, or the Services forever;
  • a worldwide, non-exclusive, royalty-free, transferable licence for other Customers, partners, or advertisers to use the Contribution in accordance with the functionality of the Sites to expire when the Customer or Business deletes the Contribution from the Website and/or the App.
Protection against viruses and site security

We do not guarantee that the Sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Sites. You should use your own virus protection software.

You must not misuse our Sites knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites is stored. or any server, computer or database connected to our Sites. You must not attack our Sites 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 Sites will cease immediately.

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 unless this has been approved by us in writing.

You must not establish a link to our Site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

Interactive services

We may from time to time provide interactive services on our Sites

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service. We are under no obligation to oversee, monitor or moderate any interactive service we provide as part of the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a Customer or Business in contravention of our Content Standards, whether the service is moderated or not.

Content standards

These content standards apply to all material which a Business or Customer may contribute to our Sites (Contribution), and to any interactive services associated with them.

The standards apply to each part of any Contribution as well as to its whole.

A Contribution must:

  • Be accurate
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive or inflammatory.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person.
  • Give the impression that the Contribution emanates from IndieGB, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain any advertising or promote any services or web links to other sites or apps.
Prohibited uses of the Sites

You may use our Sites only for lawful purposes only.

You may not use our Sites:

  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards set out above.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Breach of these terms

When we consider that a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms and conditions constitutes a material breach of the terms of use upon which you are permitted to use our Sites, and may result in our taking all or any of the following actions:

  • Immediate, temporary, or permanent withdrawal of your right to use our Sites.
  • Immediate, temporary, or permanent removal of any Contribution uploaded by you to our Sites.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.