PLEASE READ THESE LICENCE TERMS CAREFULLY
Who We Are and What This Agreement Does
We, Vicinity Trading Ltd ("Vicinity"), license you to use:
This mobile application software, the data supplied with the software (the "App"), and any updates or supplements to it.
The service you connect to via the App and the content we provide to you through it (the "Service").
We provide the App on behalf of a place management organisation, such as a Business Improvement District or local authority (the "Provider"). We are not responsible for any statements made by the Provider regarding the App or its functionality.
Users of the App and Application of These Terms
The App is used by both consumers and businesses. A business user is a user who can add promotional content to the App, including but not limited to deals, loyalty schemes, events, and trails.
These terms apply to all users of the App, except where we specify that a particular section applies only to business users.
Your Privacy
Information regarding the personal data collected through the App, how it is processed, for what purposes, and your rights in relation to your personal data, is detailed in the Provider’s privacy policy. You should review this policy carefully.
By using the App, you acknowledge that any data you provide via the App is shared with the place management organisation (Provider) that supplies the App. The use of this data is governed by the terms of their privacy policy, and Vicinity acts solely as a data processor, while the Provider is the data controller. Vicinity does not assume responsibility for how the Provider processes your data.
Vicinity implements appropriate technical and organisational measures to protect personal data, as detailed in the Vicinity Privacy Policy. Vicinity acts in compliance with UK GDPR and has implemented a Data Processing Agreement (DPA) with the Provider to ensure data is processed securely and lawfully.
Users can exercise their GDPR rights, including requesting account deletion, from within the App. In the event of a data breach, Vicinity will notify the Provider without undue delay in accordance with UK GDPR requirements.
App Store Terms Also Apply
The ways in which you can use the App may also be controlled by the rules and policies of the app store from which you downloaded the App. Where there are differences between these terms and the app store’s policies, the app store’s policies will apply.
Support for the App and How to Report Problems
Contacting us: If you experience issues with the App or the Service, please contact our customer support team at support@getvicinity.com.
How we will communicate with you: We will contact you via the contact details you have provided.
How You May Use the App
By agreeing to these terms, you may:
Download or stream a copy of the App for your personal or business use.
Make one copy of the App for backup purposes.
Receive and use any free supplementary software updates provided by us.
You Must Be 18 to Accept These Terms
You must be 18 or over to accept these terms.
You May Not Transfer the App to Someone Else
We are granting you a personal licence to use the App and the Service. You may not transfer the App or the Service to another person. If you sell a device with the App installed, you must remove the App first.
Changes to These Terms
We may update these terms from time to time due to legal, technical, or operational reasons. If we make significant changes, we will notify you and require you to accept the updated terms. If you do not accept the revised terms, you will no longer be able to use the App. However, if you reject any material changes that negatively impact your rights, you may request to continue using the App under the previous terms for 30 days from the date of change notification.
Updates to the App and Changes to the Service
We may update the App to improve performance, enhance functionality, or address security issues. If you choose not to install updates, the App and Services may become unavailable. We will provide reasonable notice where possible before updates that significantly alter functionality.
Intellectual Property Rights
All intellectual property rights in the App and Services belong to Vicinity Trading Ltd ("Vicinity") or our licensors. Your right to use the App is licensed, not sold. Nothing in these terms transfers ownership of any intellectual property rights in the App or any part of the software to you or any third party. If you upload content as a business user, you retain ownership of such content, but you grant Vicinity a non-exclusive, royalty-free licence to display and distribute this content within the App.
Business users are responsible for ensuring that any content uploaded to the App does not infringe on the intellectual property rights of any third party. By uploading content, business users agree to indemnify and hold Vicinity harmless from any claims arising from infringement, defamation, or other unlawful use of such content.
Users may report intellectual property violations by contacting support@getvicinity.com. Vicinity reserves the right to suspend users who repeatedly infringe IP rights.
Limitations of Liability
We do not exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud, or breaches of statutory rights under the Consumer Rights Act 2015.
For consumer users, if defective digital content we provide damages your device or digital content and this is caused by our failure to use reasonable care and skill, we will either repair the damage or compensate you.
For business users, we are not liable for indirect losses such as lost profits, lost business, or loss of data. We do not guarantee redemption of offers promoted by business users and accept no liability for any refusal to honour an offer unless due to a technical failure in the App.
Business User Responsibilities
Business users must ensure that any promotional offers, loyalty schemes, or other content they upload to the App are accurate, lawful, and not misleading. Business users agree to honour all offers they promote via the App and to indemnify Vicinity against any claims arising from a failure to do so. Vicinity does not guarantee or take responsibility for the accuracy of business promotions.
Users may report misleading business promotions to the Provider listed in the App. Vicinity reserves the right to suspend business users who repeatedly fail to honour promotions.
Use of Deals, Loyalty Schemes, Competitions, and Other Content
Deals, loyalty schemes, competitions, and other promotional content available on the App must be used in good faith. Fraudulent, deceptive, or abusive use may result in cancellation or suspension of your access.
Offers including deals and loyalty schemes may be modified or withdrawn at any time by the business or Provider without prior notice. Use of these offers is subject to the terms set by the business or Provider, which may include restrictions on proximity, eligibility, redemption limits, or expiry dates.
Competition participants must follow all stated competition rules, including deadlines and entry formats. Any attempt to manipulate results may result in disqualification. The participant is responsible for ensuring they can legally enter. By entering, participants agree to abide by the competition’s terms and the Provider’s final decision, which is binding.
The app Provider is not responsible for the fulfilment, accuracy, or availability of any offer, competition, or loyalty scheme promoted via the App unless explicitly stated. Any issues or disputes should be directed to the relevant business.
Termination of Rights to Use the App
We may terminate your access to the App if you materially breach these terms. If this happens:
You must stop using the App immediately.
You must delete the App from all devices.
We will provide notice and an opportunity to remedy the breach before terminating access, unless the breach is severe (e.g., illegal activity, fraud, or severe abuse of the platform).
Which Laws Apply and Where You May Bring Legal Proceedings
These terms are governed by English law. Legal proceedings can be brought in English courts, or in Scotland/Northern Ireland if you live there.
If you have any questions about these terms, please contact support@getvicinity.com.