See section 16 for the Skye App Terms and Conditions
Please read these Terms and Conditions (“Terms)” carefully and ensure that you understand them. You will be required to read and accept these Terms when signing up for an Account. If you do not accept and agree with these Terms, you must stop using Our Website immediately. We may at any time modify these Terms. The most current version of the Terms will supersede all previous versions. By continuing to use the Website and access your Account after you have been notified of such changes, you agree to be bound by such changes. We recommend that you print a copy of these Terms for future reference. This version was last updated on 1st April 2020.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
- “Account” means an account required to access and/or use certain areas and features of Our Website;
- “Client” refers to SKYE Wellbeing who we are providing the website on behalf of;
- “Retail partner and service provider” means any retail partner and service provider of content, good or services in connection with Our site
- “We/Us/Our” means Skye Marketing Limited, a limited company registered in England and Wales under company number 11408419), whose registered address is Suite 231, The Lewis Building, 35 Bull Street, Birmingham, West Midlands, England, B4 3EQ
- “Website” refers to the website run by Us
- “User” refers to anyone that has registered on the website
1. Information About Us
1.1 Our Website is owned and operated by Us.
1.2 Saving Works and Vectis Card are trading names of Ours
1.3 Our Data Protection Officer can be contacted at Data Protection Officer, Skye Marketing ltd. Suite 231, The Lewis Building, 35 Bull Street, Birmingham, West Midlands, England, B4 3EQ
2. The Website
2.1. The provision of the Website is funded by our Client on behalf of the User.
2.2. Our Website enables access to savings and discounts arranged with Retail partners and service providers. We may from time-to-time and in our discretion provide information on other benefits chosen by our Client that may have their own set of terms and conditions. It is your responsibility to review these terms and conditions before proceeding.
2.3. Subject to these Terms, you will have access to the Website for the duration of the contract between us and our Client. However, we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We reserve the right to deny Users access to the Website without prior notice and at any time.
2.4. Your access to the Website maybe cancelled should the contract with our Client terminate early or our Client requests that you be removed from the Website or your Account deleted.
2.5. When the contract is due to end or if the Website needs to be temporarily shut down you will be informed via email update. We advise that you remain opted in for our email updates. Should our Client request you be removed from the Website or your Account deleted, you may not be notified.
2.6. Should you no longer have access to the Website, you will no longer be able to access or claim any discounts, offers or cashback associated with the Website. Any products or items that have been pre-purchased or requested before can still be used.
2.7. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions or policies, and that they comply with them.
2.8. Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
3. Your Account
3.1 Your Account will remain active unless you notify us asking to close it, the contract with our Client ends or our Client requests you be removed from the Website or your Account deleted.
3.2 You must treat any User identification code, password or any other piece of information as part of our security procedures as confidential. You must not disclose it to any third party.
3.3 You have the right to cancel your account at any time.
3.4 To exercise your right of cancellation, please email us or provide a written request.
3.5 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.
3.6 In the event that we refuse or remove your permission to use this Website, you agree not to register or subscribe again to this Website using another user name or any other means. If we have any reason to suspect (acting in our sole discretion) that your Account has been previously terminated, we reserve the right to immediately terminate any such new Account without the necessity of any notice.
4. Material on our Website
4.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You must not use any part of the content on our Website for commercial purposes.
4.3 You are granted a licence to use the Website for your own personal and non-commercial use only. You are not permitted to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in our Website.
4.4 If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Content, Retail Partner and Service Providers
5.1 We work hard to ensure all information on the Website is valid and accurate. If we are made aware of a mistake we will put things right within a reasonable period. Whilst we make every effort to ensure our offers and information advertised on our Website are valid and correct, some Retail partner and service providers may promote offers and services outside and above what we advertise on our Website. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date and will accept no liability for error, misunderstanding, financial loss or other damage due to inaccuracy of description and illustration within this Website.
5.2 The Client and Retail partner and service providers can change or withdraw their offer, services or information at any time and sometimes without notice. We have no control over the contents of those sites or resources.
5.3 Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
5.4 Certain links including hypertext links, on the website will take you to retail partner or service providers website that is not under our control and when you click through to a Retail partner or service provider website, please be aware that they will have their own terms and conditions which you’ll be agreeing to if you choose to purchase from them.
5.5 There may be additional charges or registration requirements on Retail partner and service provider’s websites that are not advertised on our Website so please check the Retail partner and service provider website before making any purchase.
6. Our commitment to you
The Retail partner and service providers that feature on this Website have been chosen by us for their service, product quality, reputation and commitment to customer satisfaction.
7. Use of Our Information and Discounts
7.1. The Website is also available for use by the user’s immediate family and members of their household, however there may be offers which are strictly available to the User only. This will be highlighted in the Retail partner and service provider terms and conditions.
7.2. You are not allowed to advertise, use, give, or resell any offer or information associated with the Website or offer to do so or use it in connection with a competition, promotion, business and charitable or any other similar venture without our permission.
7.3. You should not copy, reproduce, re-distribute, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for your own personal, non-commercial use. If you have been found to have distributed codes, you may be subject to the following actions:
a) You will be prevented from using this Website, as will all members of your household.
b) Our Client, Retail partner and service providers and any Website where this information may have been posted will be notified and appropriate action may be taken by such third parties.
c) This may lead to you being banned from those other websites.
d) You will be required to refund any discounts or benefits offered to yourself or your household.
e) You will be responsible for all discounts found to have been made through illegal disclosure of discount codes.
8. Our responsibility for loss or damage suffered by you
8.1. The use by you of this Website and/or any services offered through this Website (whether offered by us or Retail partner and service providers) and any subsequent continued use constitutes your acceptance that such use is at your sole discretion and risk.
8.2. You expressly understand and agree that:
a) Any and all of your use of our Website is at your sole risk;
b) The information provided on the Website does not constitute advice and is intended as information only. We do not advise which retailers to choose or buy from and such information must not be relied upon to assist in making or refrain from making a decision;
c) We do not provide any representation, warranty or endorsement of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non – infringement, compatibility, security and accuracy in respect of anything posted on this Website;
d) Our Website is provided on an “as is” and “as available” basis;
e) We and any of our employees, agents affiliates, associates, officers or partners expressly and forever disclaim all warranties of any kind, whether such warranties are express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
f) Neither we nor any of our employees, agents affiliates, associates, officers or partners make any warranty that our Website or our services will meet any of your use requirements;
g) neither we nor any of our employees, agents affiliates, associates, officers or partners make any warranty that our Website or our services will be continuous, timely, safe or error-free;
h) neither we nor any of our employees, agents affiliates, associates, officers or partners make any warranty that our Website or our services are of any particular quality and the information contained on our website in relation to Retail partner and service providers are not warranted by us as being of a satisfactory quality and any such warranties shall be obtained (if any) by you directly from the relevant Retail partner and service providers;
i) any material that is downloaded or otherwise obtained by you from us shall be accessed at your own discretion and risk; and
j) you waive all and any claims and causes of action with respect to any damage to any of your equipment including but not limited to your computer system, access to internet, download devices, or loss of data that results from the download of any such material.
8.3. We shall not be liable for direct or indirect loss arising out of or resulting from the use of this Website, whether based on contract, tort, strict liability or otherwise, and if it is deemed by a court of competent jurisdiction that we are liable our maximum liability to you shall be limited to the amount that you have spent with us (directly) during that particular use under which the claim arises.
8.4. To the fullest extent permitted by law, We (nor any of our affiliates, officers, employees, agents or partners) will be liable for any punitive, special, exemplary, direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, goodwill, opportunity, data, profits, intangible losses) arising out of or in connection with this Website, our services, and any goods or services provided by any Retail partner and service providers who feature on Our Website.
9. Your Personal Information
10. Limitations on use
10.1. You must be at least 16 years of age to
register an Account and use this Website, subject to any further age
restrictions which may be imposed by the Retail partners and service providers.
10.2. This Website is not directed at children. We do not knowingly collect personal identifiable information from individuals who are deemed to be children.
11.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
11.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site 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 Website will cease immediately.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Third party rights
These Terms are for the benefit of you and us (including all of our affiliates, partners, officers, employees or agents), and are not intended to benefit any third party or be enforceable by any third party. The exercise by us and your rights in relation to these Terms is not subject to the consent of any third party.
14. Dispute resolution
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
15. Applicable law and jurisdiction
15.1. These Terms (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Website) are governed by and shall be construed in accordance with the laws of England and Wales.
15.2. You hereby consent to the exclusive jurisdiction of the English and Welsh courts in all disputes arising out of or relating to the use of this Website. Those who choose to access this website from outside the United Kingdom are responsible for compliance with local laws, if, and to the extent that, local laws are applicable.
16. The Skye App
This offer (the “30-Day Trial Offer”), which is made to you by Skye, entitles you access to the Skye Connect Service as delivered by our partner BHSF under their Terms and Conditions for a period of thirty (30) days from the moment that you activate such trial period by paying the £1 fee and submitting your payment details (the “Trial Period”).
During this offer, your £1 will be donated to NHS Charities Together. In the event of you becoming a paid user at the end of the 30-day trial, an additional £1 per month will be donated by us, from your monthly subscription charge, to NHS Charities Together every month for the remaining 11 months of your first year’s subscription.
“The Lifetime Price Lockdown” guarantee will fix your price at £10 per month until you cancel your subscription. Your Lifetime Price Lockdown Guarantee also terminates in the event of a late or missed payment. Your Lifetime Price Lockdown guarantee will not be reinstated after any of these aforementioned termination events.
You may only use this Offer once. If you have subscribed to Skye Connect or have taken a trial offer previously, you are ineligible for this Offer. The Skye Connect service may not be available on certain personal devices.
A limited number of Offers are available, while supplies last. This Offer expires and must be redeemed before the date advertised. Skye reserves the right to earlier terminate this Offer at any time and for any reason. After such time of termination, Skye shall not be obligated to redeem any further Offers.
HOW TO CANCEL
If you decide that you do not want to become a paying user of the Skye Connect app upon the lapse of the Trial Period, you must terminate your Skye Connect by emailing in writing to email@example.com by the end of the Free Trial Period.
Skye reserves the right, in its absolute discretion, to withdraw or to modify this £1 Trial Offer and/or the Skye 30-Days Trial Terms and Conditions at any time without prior notice and with no liability.