Welcome to Oyko!
Thanks for using our product and services.
1. ACCEPTANCE OF USING OUR SERVICES
These Terms of Service apply to all users of the Oyko app.
Owner and Data Controller:
Keemia 4, Tallinn city
Harju county, 10616
Data protection officer: email@example.com
2. USING OYKO SERVICES
The Oyko app enables Users to create and save their loyalty cards on smartphones and to use them for digital identification. Furthermore, a User can be provided with additional services within Oyko app, such as, interactive map with points of sales' locations of loyalty Card Operators, access to accounts' current status, loyalty Card Operators' local navigation services, and so forth.
In order to use all the features of the Service, You acknowledge and agree that You will have to install the application on Your smartphone, create an Oyko ("User") Account and register loyalty and/ or club cards with the data required. When providing Your loyalty cards' numbers, You must provide accurate and complete information. Even the entry of a loyalty or club card ID/number for the specific card is sufficient
to create it within the App. However, according to specific agreements with the companies issuing and operating loyalty cards (or, hereinafter, Card Operators (e.g. retailers, airlines, hotel chains etc.)) , You might be required to enter a valid email or phone number, those used when registering with loyalty program of a Card Operator, following the receiving of a PIN code in order to validate Your personality. You should never use another person's loyalty card number in the Service. Oyko reserves the right at its own discretion to reject Users due to input of invalid address, phone or other causes.
If You create a User Account by selecting a password and providing Your email, You are responsible for all activities that occur under Your User Account. You agree to notify Oyko immediately of any unauthorized use of Your User Account or any breach of security with respect to Your User Account including Your password. Oyko will not be liable for any loss that You may incur as a result of someone else using Your User Account, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Us or another party due to someone else using Your User Account. Oyko shall be entitled to monitor Your User Account and password and, at its discretion, require You to change your password. If You use a username and password that Oyko considers insecure, Oyko will be entitled to require this to be changed and/or terminate Your User Account.
You acknowledge that You will not be able to access and use certain functionalities of the App unless You have Internet access through a GPRS, 3G, LTE or
We will use Our reasonable endeavors to make the App available to You at all times, but We cannot guarantee an uninterrupted or fault free service.
3. ADVERTISEMENT & LINKS
The Oyko app, and loyalty cards' information in particular, may contain links to
We cannot endorse, approve, or guarantee software, information, products, or services provided by or at a
Oyko may allow Card Operators and third parties to place advertisement in the application. By registering with Oyko app, You expressly agree that advertisement, including personalized content, may be sent to You. Oyko expressly states that the advertising parties remain responsible for placed advertisements with
regard to both content and type of placement, and Oyko shall not assume any responsibility or liability pertaining thereto.
4. ABOUT OYKO SOFTWARE
Subject to Your compliance with these Terms, Oyko gives You a personal, worldwide,
5. MODIFYING AND TERMINATING OYKO SERVICES
We are constantly changing and improving the Oyko app. We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App, and we may suspend or stop the Service altogether.
Oyko will make reasonable efforts to keep the Oyko Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Oyko reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Oyko Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Oyko Service or any function or feature thereof
Without prejudice to Our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable Your access to the App at any time without notice to You in the event You breach any of the provisions herein.
In the event that We, in Our sole discretion, consider that You are making any illegal and/or unauthorized use of the App, and/or Your use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your use of the App and, in the case of illegal use, instigating legal proceedings.
You can stop using Our Service at any time, although we’ll be sorry to see You go. Oyko has the right to stop providing Service to You, or add or create new limits to Our Service at any time.
Where permissible under the law, Oyko has the right to terminate Your rights under Our Service without notice.
6. OUR WARRANTIES AND DISCLAIMERS
We provide Our Service using a commercially reasonable level of skill and care and we hope that You will enjoy using it. But there are certain things that we don’t promise about Our Service.
Other than as expressly set out in these Terms, Oyko don't make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service, or its reliability, availability, or ability to meet Your needs. We provide the Service “as is”.
We do not guarantee that Oyko app will always be safe, secure or
In no event shall Oyko be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit of whatever kind caused in whole or in part by use of the App or the Content, or by any failure, delay, interruption or otherwise of the provision of the App or the content, or by Our failure to perform any of Our obligations under these Terms. The Content is provided to Us by third parties and We do not guarantee that the loyalty card numbers, promotions, information and advice are accurate or valid.
To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations and liabilities in connection with the Oyko app, and the information provided therein.
Oyko assumes no responsibility and may not be held liable for the unauthorized duplication or usage of offers or other content or for graphics, prepared texts, logos and brands protected by
In addition, Oyko makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any
any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Oyko shall create any warranty on behalf of Oykoin this regard.
You agree to defend, indemnify and hold harmless Oyko, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any
An impermissible use is especially constituted by a User’s registration of customer cards under a false name, thereby fraudulently obtaining advantages of the Card Operator concerned. In this event it is exclusively the user who is liable vs a vis the Card Operator. In the event that Oyko is damaged by such behavior of a User, the User shall fully indemnify Oyko and hold it harmless.
8. PRIVACY AND COPYRIGHT PROTECTION
Oyko wants to give you the best possible experience to ensure that you enjoy our service in the future. Having said that, your privacy and the security of your personal data is, and will always be, extremely important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.
8.2 About this Policy
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way, we collect or process your personal data, we will
provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
8.3How do we collect your personal data and what personal data do we collect from you?
Upon completing the registration (selecting password, entering email, and registering virtual cards), the user agrees that the data required to facilitate the usage of Oyko app will be stored, computerized and processed. Further features of the Oyko app may require additional personal data like name, address, date of birth, phone number, personal preferences etc. Entering such additional data will be required on an
As part of our mission, we may use your information for the following purposes: to (i) register you for the App and create your User Account for Oyko; (ii) create your profile; (iii) provide customer service, give you information about your account, and respond to your requests; (iv) improve the Service, and make it a safer, efficient, and customized experience; (v) provide interesting offerings to you; (vi) prevent fraud & spam; enforcement of law; (vii) communicate with you.
Personal information which can be used to identify web Users qualifies as personal data. Such information includes name, address, postal address, phone number etc. Oyko uses such data only on an anonymized basis for statistical analysis.
Certain offers and information will only be processed with the consent of the User. Granted such consent, Oyko is allowed to transfer the data to partners.
If anywhere in the App personal data (e.g. name, address, phone number, email address or date of birth) are collected, it will be optional as far as possible. Such personal data will not be transferred to a third party without the explicit consent of the User. After termination of usage of the Oyko app, all User data will be deleted.
Data concerning the User behavior which may indirectly allow the identification of the User will only be transmitted to third parties if the User has consented thereto
We warn that data transfer via the internet (e.g. communication via email) may entail security risks. Absolutely secure protection of the data against third parties is not possible.
The usage of Our contact data published pursuant to the imprint obligation by a third party for the purpose of sending advertisement and information material not expressly requested by Us is strictly prohibited. Oyko reserves the right to take legal actions in the case of receiving unsolicited advertisement or information, e.g. spam emails.
The application Uses localization services provided by the manufacturer of the device where available to locate the current position of the User and e.g. display it on a map. Such
The User acknowledges that the data described under this section 8 may be collected either directly by Oyko, or a third party, e.g. the club or loyalty Card Operator.
By registering with Oyko, the User agrees and expressly consent that Oyko and Card Operators may collect information about the User and the User´s mobile device on an anonymized basis. Such information may include location data. Oyko and Card Operators use such data to provide
We may collect additional information if you access our App through a specific device (e.g. your mobile device’s unique identifier; information about your device’s operating system, your browser, browser or operating system language; your wireless network, and your mobile carrier).
8.4 Data retention and deletion
We keep your personal data only as long as necessary to provide you with our Service and for legitimate and essential business purposes, such as maintaining the performance of the Oyko Service, making
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
1.If there is an unresolved issue relating to your account, such as unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
2.Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
3.Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
8.5 Transfer to other countries
Oyko may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.
Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such cases Oyko shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
Oyko is not directed to children under the age of 13 years.
We do not knowingly collect personal data from children under 13 years or under the applicable age limit. If you are under the Age Limit, please do not use the Oyko Service, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Oyko, please contact our Data Protection Officer via email: firstname.lastname@example.org.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Oyko Account for that child.
Our Services and materials incorporated by Oyko on our Service are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Oyko in our Service are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Oyko or others (“Trademarks”). Oyko or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, You do not acquire any ownership rights in Service or Materials contained therein. Oyko respects the intellectual property rights of others and asks Users of our Service to do the same.
If You believe that Your work has been copied and is accessible in User app in a way that constitutes copyright infringement, please contact Us to report possible copyright infringement and include the
following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
4.Information reasonably sufficient to permit Us to contact the complaining party;
5.A statement that the complaining party has a
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send this information to:
Keemia 4, Tallinn city
Harju county, 10616
9. ABOUT THESE TERMS
These Terms control the relationship between Oyko and You. They do not create any
If You do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent
permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
We are always working on adding additional features to Our Services, and because of that, and also since sometimes applicable law changes, we may revise and reissue these Terms occasionally, by posting updated Terms at http://oyko.eu/terms/en.pdf. You consent and agree to receive notices of updates of these Terms through Our posting of updated Terms on the Service. You should visit this page regularly to review the current Terms. If You do not agree to updated Terms, You should stop using Our Services and/or close Your account. Your continued use of any of Our Services will be deemed as Your acceptance of any revisions.
You agree that because of the unique nature of the App and Our proprietary rights therein, a demonstrated breach of these Terms by You would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, You agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of
The use of specific features – especially those, which require an approval of additional conditions – can be limited to specific Users and/or User groups.
These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.