Impact Terms and Conditions
This is an ‘Agreement‘ between you and Impact (details below) which is the trading name of the company facilitating the Impact mobile application.
Definitions for the purpose of this document:
“Impact” - will be stated as any of: “us”, “we”, or “our”).
Customer or Member - will be stated as ‘you’ or ‘your’ or ‘user’.
Information about us
The ‘Impact’ Mobile Application and associated Services are owned and operated by Impact App Limited, registered in England and Wales, company no. 10889835, registered office address 87 High Street, Odiham, Hook, RG29 1LB.
Information about you
What we provide in a 'nutshell'
Impact operates the Platform in accordance with these Terms and Conditions allowing you to easily join, access, manage and collect Cashback / Rewards on your purchases from participating outlets using your existing payment cards registered with Impact solely for you to allocate to your supported UK charities or defaulted to the charity recruiting the user, if applicable. If a user signs up following an Impact inducement then they accept Impact will distribute the cash back rewards to charities at their discretion.
You will collect Cashback / Rewards in accordance with these Terms simply by registering and either/or:
- linking your existing selected debit or credit card to the Application and spending in participating merchant stores (“Merchants”)
- sharing deals which the Merchants published to the Application
- providing evidence to us that you have made a valid purchase of a promotion shared by the Merchant via the Impact Application.
You can redeem your Cashback / Rewards for their allocation to your qualifying UK Charity supported on this Platform as an individual user of the service. However, where charities Have a ‘white label’ service the user accepts that if that charity recruit them to use the service then the donations will default to that charity. If the user of Impact services signs up to secure an inducement offer then the cash back rewards are channelled to UK charities at the sole discretion of Impact.
To access all features of the Platform, kindly register your Membership by setting up your account with a valid phone number, existing payment card/cards (excluding your three digit security number), name and other requested details (your ‘Account’). To create an Account, you must be of legal age (16 or over) and capable, under English Law, of entering into this Agreement
Upon completion of registration your confidential pin code will be issued by Impact. You agree not to disclose your pin code to anyone and will be solely responsible for any activities or actions taken under your Account, whether or not authorised by you. Please notify us immediately of any unauthorised use of your Account by emailing us at email@example.com.
We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information provided to us will be true, accurate, and complete in all respects. By creating an ‘Account ‘you consent to the use of:
- electronic means to accept these Terms and provide you with any notices given pursuant to the Terms;
- electronic records to store information related to the Terms or your use of the Services.
Alternatively, you may register and connect to the Platform and create an Account using authorisations via a third-party service (for example via your Facebook login) and in doing so:
- you acknowledge and agree that you will be solely responsible for the security of that third-party login information and agree that we will not be liable for any action taken in accordance with your Account resulting from any breach of security of such third-party.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive, personal license to use the Application and Services on the supported devices (“Devices” and each a “Device”), subject to these Terms and the Appstore Rules or GooglePlay Rules incorporated into these Terms by reference. We reserve all other rights. You may download one copy of the Application onto your Device and access, view, use and display the Platform on the Device for your personal, non-commercial purposes only. Except as expressly set out in these Terms or as permitted by any local law, you agree: (i) not to copy the Application or Services except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security; (ii) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Services; (iii) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs; (iv) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities: (iv)(a) is used only for the purpose of achieving inter-operability of the Application with another software program; (iv)(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iv)(c) is not used to create any software that is substantially similar to the Application; (v) to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Applications; (vi) to include our copyright notice on all entire and partial copies you make of the Application on any medium; (vii) not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (viii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Services (“Technology”). By accepting these Terms you agree that all confidential information, copyright and other intellectual property rights in our Technology belong to us or the people who have licensed us to use such intellectual property rights. You acknowledge that you have no right to have access to the Impact Application in source-code form.
Further applicable terms when Application downloaded from iTunes
The following Terms also apply where you acquire our Application from the iTunes Store (“iTunes-Sourced Software”):
- You acknowledge and agree that our Terms are solely between you and us and not Apple Inc (“Apple”) and that Apple has no responsibility for the iTunes-Sourced Software or content whatsoever
- Your use of the iTunes Software must comply with the Apple app store Terms of Service
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software
- In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will (if applicable) refund the purchase price for the iTunes-Sourced Software to you (to the maximum extent permitted by applicable law). Apple will have no other obligation or liability whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Impact as the provider of the iTunes-Sourced Software.
- You acknowledge that Apple is not responsible for addressing any claims you or any third party have relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software and all such claims are governed solely by these Terms and any law applicable to Impact.
- You and Impact acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms and have the right to rely on these Terms as it relates to your license of the iTunes-Sourced Software.
- You agree and declare that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Further applicable terms when Impact Application is downloaded from GooglePlay
The following Terms also apply where you acquire our Application from the GooglePlay Store (“GooglePlay-Sourced Software”):
- You acknowledge and agree that our Terms are solely between you and us and not Google Inc (“Google”) and that Google has no responsibility for the GooglePlay-Sourced Software or content whatsoever
- Your use of the GooglePlay-Sourced Software must comply with the Google Play app store Terms of Service
- You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the GooglePlay-Sourced Software
- In the event of any failure of the GooglePlay-Sourced Software to conform to any applicable warranty, you may notify Google, and Google will (if applicable) refund the purchase price for the GooglePlay-Sourced Software to you (to the maximum extent permitted by applicable law). Google will have no other obligation or liability whatsoever with respect to the GooglePlay-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as the provider of the GooglePlay-Sourced Software.
- You acknowledge that Google is not responsible for addressing any claims you or any third party have relating to the GooglePlay-Sourced Software or your possession and/or use of the GooglePlay-Sourced Software and all such claims are governed solely by these Terms and any law applicable to Impact.
- You and Impact acknowledge and agree that Google and Google's subsidiaries are third party beneficiaries of these Terms and have the right to rely on these Terms as it relates to your license of the GooglePlay-Sourced Software.
- You agree that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Messaging and Push Notifications
By agreeing to these Terms you authorise us to send texts or calls to your mobile phone number provided. We have no intention of ever spamming you with unwanted messages. You are not required to provide this consent as a condition of using the Services and may opt out.
By agreeing to these Terms you authorise us to send such notifications to your other specified Devices. We have no intention of ever spamming you with unwanted notifications, nor are you required to provide such consent as a condition of using the Services, and may opt out.
We may offer you the opportunity to invite your friends or contacts to download the Impact Application and enjoy the Services. If you click to invite one or more of your friends or contacts using text messaging (SMS), Facebook or Twitter we may suggest content for the message/status/tweet/post. You can edit that suggested content, and if you choose to send such message/status/tweet/post those messages will be sent from the applicable functionality on your Device and we will not be responsible for any problems associated with the functionality of sharing such content from your Device. If you do choose to send such invitations, you represent to us that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited. In addition, you confirm that all content included on such messages and notifications will comply with these Terms, in particular, you thereby confirm all images, sounds, text or other information you submit or share will meet the terms detailed in the Rules of Acceptable Use and User Content as set out below.
Earning rewards with Impact
Your use of the Impact Application Service, will enable you to earn Rewards in a variety of ways (as indicated in the Application). Each time Reward credit reaches %pound;5 currency value within the Application, you redeem Rewards as a donation to your chosen cause. You will be responsible for ensuring that Rewards are correctly credited and should check your Impact Account regularly.
All Rewards are solely for designation to your supported Charity and may not be combined with or transferred to other persons. In the event that the user of the service signs up because they can secure an inducement benefit then the user agrees that their Impact ‘cash back’ donation reward will be processed by Impact to any UK charity they decide as good value. Any unauthorised trading of Rewards, including but not limited to selling for money and/or other goods and/or other services via any method will result in your and any other included User’s disqualification from the Platform.
We reserve sole discretion to change, add or remove the methods by which users can earn Rewards, for any reason and without notice to you. We reserve the right, once per year, to use £5 of Loyalty Rewards to sponsor a registered charity of our choice.
If you believe that Rewards were not properly accrued to your Account, please notify us by using the “Contact Us” form on our website and provide evidence supporting your claim. Your notification should be within 30 days of when you believe the error occurred. Impact will require a further 30 days to investigate and resolve your claim and adjust your account where applicable. Our determination will be final. It will be necessary for you to produce evidence of your transaction with the participating Merchant store or website through the Impact App. including social media sites. Among other reasons, technical problems with a scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Application. While we try to prevent that from happening, neither we nor our affiliates and/or business partners can be held liable for your inability to accrue Rewards in such event.
Impact rewards 'When You Shop'
Our Impact Rewards When You Shop program lets you associate one or more of your credit or debit cards issued by certain card networks, stores or card issuers (each, a “Card”) with your Account using the Application. This will enable your accrual of Rewards when you use that registered Card at a participating Merchant, for certain qualifying purchases online or in store (“Card Rewards”). When you elect to associate a Card with your Impact Account, we will direct you to a secure site operated by your registered Card Network or Issuer on our behalf. You will then be required to provide your Card information (excluding the 3 digit security code) and agree, that certain transaction information from your associated Card can be shared with us as well as other Card Network or Issuers specific terms and conditions, as applicable. We will use the information provided by your existing Card Network or Issuer to facilitate your participation in When You Shop Rewards enabling redemption of offers from participating Merchants, sharing return information with participating Merchants and enabling us to validate the offer eligibility, allocate Rewards and provide aggregated and anonymous reporting to the applicable participating Merchants, and for no other purpose.
Neither we nor your Card Network or Issuer will be responsible for any errors or mistakes associated with that secure site and we will only store your card number (which will exclude your 3 digit security number) in accordance with these Terms and for the sole purpose of your continued ability to participate in the When you Shop program. Your Card Network or Issuer will register your Card on our behalf and provide a non-Card reference identifier to us that relates only to your associated Card. The Card Networks and Issuers' only role in Rewards When You Shop is to provide data from your associated Card to enable your participation in Impact Rewards When You Shop.
Once you have associated a Card with Impact When You Shop, you may remove the association at any time through the Application. However, upon termination your Card Network or Issuer may continue to deliver information about your returns at participating Merchants for a limited period. You may only associate a Card with your Account if you are a registered User of the Application and have a valid UK phone number associated with your Account. Card Rewards may not be issued to your charity until an initial period has expired (for example, for statutory and other return policies associated with that participating Merchant. Typically, between 30 and 45 days (or other statutory or other limits or expiry placed on the specific goods or services from time to time). If you return an item to your Merchant, or your transaction is invalidated, disputed, or not settled for any reason, then some or all pending Rewards will be removed from your Account, as determined at our sole discretion. If you make a return for cash, store credit or credit to a different credit card, we may still need to take away some or all your pending Rewards accordingly.
We and the Card Networks and Issuers are not liable for your use of the Card at any participating Merchants or elsewhere, nor for any issues you might have with the participating Merchant or the Card Issuer, or any returns or attempted returns at the participating Merchants. Unfortunately, we and the Card Networks and Issuers cannot be liable for any errors or omissions in awarding the Rewards, because, amongst other reasons, we have no control over the accuracy of the information provided by a participating Merchant.
Impact rewards 'When You Snap'
Our Impact Rewards ‘When You Snap’ program lets you earn rewards by using the Application's scanning function to scan a valid receipt containing proof of purchase of participating products and offers with your mobile or other Device. We, via information obtained from the participating Merchants, announce to you the identity of participating products and offers from time to time, along with the specific locations where those products might be available, via messages distributed through the Impact Application. We do not guarantee that advertised products and offers will always be available at the Merchant's premises, via the Merchant's website or other means or point of sale at any location (including but not limited to a Merchant which may withdraw products, a product may be out of stock, etc.), or that the receipts will always be accurate and free from errors, and disclaim all liability and responsibility for any failed scanning experiences or errors or errors occurring during a scanning attempt Nor will we be liable for any failure to award Rewards, including, but not limited ,to the inaccuracy of the information we may receive from participating Merchants, or earlier fulfilment of any limited Reward allocation earlier distributed to other Users. By participating in the Rewards When You Snap program, you agree that we are under no obligation to notify you when an allocation of Rewards and for distribution under this program has reached a zero balance for any given product or offer, and Rewards will be distributed on a “first come, first served” basis.
Impact rewards 'When You Share'
Our Impact Rewards ‘When You Share’ program lets you earn Rewards by using the Application ‘Share’ function to share participating Merchant's social media campaigns and/or offers and promotions made available to you directly via the Impact Application and Services, from time to time. As a condition of earning rewards When You Share, you agree to comply at all times with these Terms and those terms imposed by all participating Merchants' offers, promotions, and programs, whose terms are hereby incorporated by reference. In general, you may earn Rewards by transmitting participating Merchant's offers or promotions to your social media contacts using third-party websites and social media channels such as Twitter or Facebook. We may generate unique URLs for promotional offers to be transmitted by you, enabling us to credit your account with the applicable number of Rewards. We and/or our participating Merchants are under no obligation to provide you with any particular number of Reward or earning opportunities. Nor are we responsible or assume any liability for changes or discontinuation of service from Merchants which may affect you or the accrual of your Rewards. You are responsible for ensuring that Rewards earned are properly credited. If you believe that Rewards have been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to us before crediting your Account with such Rewards. (see earlier claim procedure) If you share the applicable Merchant's offers and promotions with your friends or contacts using text messaging (SMS), Facebook or Twitter we may suggest content for the message/status/tweet/post. You can edit that suggested content, and that message/status/tweet/post will be sent from the applicable functionality on your Device and we will not be responsible for any problems associated with the functionality of sharing such content from your Device. In addition, you confirm that all images, sounds, text or other information you submit or share will meet the Terms detailed in the Rules of Acceptable Use and User Content. We do not check or moderate any content produced by you in participating in the Rewards When You Share program before it is shared via the available platforms. However, we reserve the right and may later check, moderate, reject, refuse or delete any content produced by you (where possible) if anybody objects to it, or we think that it breaches any of the Rules of Acceptable Use. In the event that such content produced by you in participating in the Rewards ‘When You Share’ program is considered by us, acting entirely in our own discretion, in breach of these Terms, then we may not award Rewards to your Account, or remove all accumulated Rewards from your Account and terminate your access to the Impact Application and the associated Services.
Redeeming Impact rewards for Charity Donations
Your Impact Rewards can only be redeemed for Donation to your chosen UK Charity. Your Reward balance will be automatically deducted from your account and allocated to your chosen Charity with the exception of charity ‘white labels’ where the user was recruited by a charity they support and therefore the rewards are defaulted to that charity. If the user of Impact services joined to secure an inducement offer then they accept the Impact rewards are distributed to random charities at Impact’s discretion not the users choice.
The administration of the donations is undertaken on our behalf by Charities Trust, Charity Registration No: 327489, of Suite 22, Tower Street, Liverpool, L3 4BJ. Donations will be submitted to your chosen charity within 30 days of your redemption of your Rewards. However, we shall not be liable for any delay in such completion as (and as detailed previously in these terms) technology can present faults, issues and delays. We are the supplier of the Rewards, and any issue you may have with the Rewards or the redemption process should be made in the first instance to us at firstname.lastname@example.org. Nor can Impact be responsible for the actions of the Charities Trust or the chosen charity in their administration and/or acceptance of the Rewards and Donations.
Some Impact Rewards may require additional time before they can be fulfilled. Rewards are not your property and may only be redeemed for Impact Rewards offered on the Platform. Rewards earned cannot be sold, transferred, or assigned. Rewards may be revoked at any time by us in accordance with these Terms.
All redemptions of Impact Rewards are final. Once a particular Impact Reward has accrued in accordance with these Terms (and always in accordance with applicable laws) you will be unable to claim any refund, exchange or other issue regarding the Impact Reward. Restrictions may apply to certain Impact Rewards. Merchants and Charities participating on the Application are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from Impact Rewards received.
All Impact Rewards are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for purpose or non-infringement.
You are free to dedicate your Impact Rewards and donation to your chosen charity save the alternative programs earlier referred to. The Impact application lists thousands of supported UK Charities for you to select your favoured charity/charities. New charities can be put forward for inclusion albeit not guaranteed if there is any doubt to the validity of the charity.
The use of the Services and the Application is currently made available to Users free of charge. However, whilst it is not currently intended, we reserve the right to charge a fee for using the Application and associated Services at any time. Should there be any change, you will be given at least 14 days prior notice to consider if you wish to continue donating. You may choose to opt out of the Service and uninstall the Impact Application. If you choose to opt out of the Services, we may forfeit any or all Rewards in your Account after the prior notice period has expired. We may, at any time, and in any event not more than once per annum, deduct £2.50 of Rewards from your Account for accounting and other administration purposes, and will not be liable to you for this resulting minimal loss of Rewards in accordance with these Terms.
Certain areas and programs of the Platform may allow you to post or upload your text, graphics, images, and other content for display or publication through the Services (“Content”). By submitting Content to us or via the Impact Application, you hereby grant us a worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and our (and our successor's) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. If you publish images or other such content through the Services, they may be viewed by and shared with other users, for example, on social networks like Facebook, based on your settings.
By accepting these Terms you agree not to: (i) submit material that violates another's proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any applicable law, or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; or (v) impersonate another person. We do not endorse any Content or any opinion, recommendation, or advice expressed within, and we expressly DISCLAIM any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with these Terms, and may remove such Content and/or terminate your access to the Platform for uploading material in violation of these Terms at any time without prior notice. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate these Impact Terms.
Rules of Acceptable Use
In addition to the other requirements within these Terms, this section describes specific rules that apply to your use of the Impact Application and the associated Services (“Rules of Acceptable Use”).
When using the Application and associated Services you must not:
- circumvent, disable or otherwise interfere with any security related features of the Application or Services that prevent or restrict use or copying of the content accessible via the Platform;
- use the Platform for any commercial purpose;
- use the Application or any Services if we have suspended or banned you from using it;
- create more than one Account on the Application (however, you may connect all your social networks' accounts, that we support, to your Account on the Application), give any false or misleading information in your Account details, impersonate any other person, misrepresent your identity, or falsely give the impression that your User Content comes from someone else;
- modify, interfere, intercept, disrupt or hack the Application or Services, misuse the Application or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Impact Application or any of the Services or any User of the Application or Service's own equipment, send any junk, spam or repetitive messages, collect any data from the Application and Services other than in accordance with these Terms, or engage in any illegal or unlawful conduct;
- misuse the Application or Services to increase the number of Rewards you have (or any other User has) obtained or otherwise seek to alter your (or any other User's) eligibility for any such Rewards or unfairly or unlawfully interfere with, distort, undermine or manipulate the Rewards, ultimately leading to the collection and application of the Impact Rewards When You Shop, Impact Rewards When You Snap, and Impact Rewards When You Share
- submit or contribute any User Content (including comments and descriptions) that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
- submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties or submit or contribute any information or commentary about another person without that person's permission.
Failure to comply with these Rules of Acceptable Use constitutes a serious breach of this Agreement/these Terms, and may result in us, the Merchant's and/or the chosen charity taking all or any of the following actions (with or without notice):
- the forfeiting of any Rewards awarded to you;
- immediate, temporary or permanent withdrawal of your right to use the Application;
- immediate, temporary or permanent removal of any User Content;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs and/or losses (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.
These responses detailed above are not limited, and we and such other parties may take any other action we reasonably deem appropriate.
Forfeiture of rewards for Inactivity
WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APPLICATION FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, ANY OR ALL REWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION, AND WE MAY TERMINATE THE ACCOUNT.
IF IMPACT REWARDS ARE NOT USED OR REDEEMED WITHIN 180 DAYS OR MORE AFTER THEY ARE AWARDED, YOU MAY BE SUBJECT TO A FORFEITURE OF ALL SUCH REWARDS, AT OUR SOLE DISCRETION.
Termination and Cancellation
You may terminate your Impact Account at any time and for any reason by deleting your Account via the Application or by sending us an email notice with the subject line “please cancel my Impact membership” requesting to be removed from the Platform. By cancelling your membership, the account registered to you will be terminated and may no longer be accessible, and all Rewards will immediately be forfeited. Any termination request will be handled within 30 days of our receipt of such a request.
Any suspension, termination or cancellation will not affect your obligations to us under this Agreement and these Terms (including but not limited to ownership, indemnification and limitation of liability), which are intended to survive such suspension, termination or cancellation.
In the event that you breach these Terms or for any other improper conduct, at our sole discretion, and without prior notice to you, we may immediately terminate your Impact Account or suspend your access to the Application and associated Services and remove any material (including any User Content provided by you) from the Services or our servers. As a result of termination, we may disqualify you from future participation in our programs and services (whether at present available or in the future). We also reserve the right to terminate your Account or suspend your access to the Application and associated Services at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any part of the Services.
Upon termination, all licenses and other rights granted to you under these Terms will immediately cease, and you will forfeit all Rewards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, information (including User Content) that you have submitted to the Services may no longer be accessed by you to the extent permitted by applicable law. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account, nor to forward any information to you or any other person unless it is required to be provided in accordance with all and any applicable laws or regulations.
Third Party Services, Websites or Resources
The Impact Application and associated Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or our policies, or the legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.
Reliance on Information Posted
Commentary and other materials posted on our Application are not intended to amount to advice on which reliance should be placed. We therefore DISCLAIM all liability and responsibility arising from any reliance placed on such materials by any visitor to our Impact Application, or by anyone who may be informed of any of its contents. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of our Application.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Application and associated Services, you accept that communication will be mainly electronic.
We will contact you by e-mail, text message (SMS) or provide you with information by posting notices on our Application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Your use of Impact and the Platform is at your sole discretion and risk. We will not be responsible (to the maximum extent permitted by applicable law), for any harm to your computer or Device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. Due to the nature of the Internet and technology, the Services are provided on an “as available” and “as is” basis, and as such we do not make any warranties or promises: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Application will be error-free or that any errors will be corrected. We will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier/Network Provider related to any Device that you use to access or use the Impact Application or Services.
We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services.
We DISCLAIM (to the maximum extent permitted by applicable law) all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages and Notifications sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures within a reasonable period upon discovering them or being informed about them. If you think you have received Push Messages or Notifications in error or experienced other technical failures, please contact us immediately.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable)
- fraud or fraudulent misrepresentation
- any other matter in respect of which it would be unlawful pursuant to English Law for us to exclude or restrict liability.
In addition we will never be responsible for any loss and/or damage which is not reasonably foreseeable.
If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation all reasonable legal fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your breach of this Agreement and/or your breach/violation of these Terms, including without limitation any representations made herein; or (iii) your breach/violation of any third party right, including without limitation any intellectual property right, or publicity, confidentiality, property or privacy right.
Changes to these Terms and other documents
We may revise these Terms from time to time but the most current version will always be at: https://www.impactapp.org.uk
If you have a dispute with us relating to this Agreement, the Impact Application and/or associated Services, please contact us in the first instance and we will attempt to resolve the dispute informally and within a reasonable timeframe. In the unlikely event that we are not able to resolve a dispute informally within a reasonable time frame, we will discuss and agree with you the most effective way of resolving the dispute. Before any legal action is taken we urge you to comply with any and all Pre-Action Protocols to save time, effort and ultimate cost/loss.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) the acts, decrees, legislation, regulations or restrictions of any government; and (vii) pandemic or epidemic. Our performance of obligations is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under this Agreement or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of this Agreement or these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
Governing Law and jurisdiction
This Agreement and these Terms and any dispute or claim arising out of or in connection with this Agreement and these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Agreement or Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Contact, Feedback and Complaints
In all instances please use the details and contact information available on our web site for an on behalf of Impact.
Other and Acceptance
You should print a copy of these Terms for future reference and will be deemed to accept these Terms on completion of the creation of an Account.
Please understand that if, at any time, you refuse to accept these Terms, you will not be able to use the Impact Application or any associated Services.