Terms of service

The agreement between Loyila and the people who use it, as merchants or as customers.

Effective date: [SET DATE] Last updated: [SET DATE] Draft. Legal review required.

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1. Definitions

Define Loyila, the Service, Merchant, Merchant User (owner, manager, staff), Customer, Programme, Visit, Reward, and Content.

[LEGAL TEXT]Definitions used throughout.

2. Accounts

Who may open an account, minimum age, accurate information, keeping credentials safe, one account per person, and responsibility for activity on the account.

[LEGAL TEXT]Account eligibility and responsibilities.

3. Merchant terms

Cover: the merchant is responsible for its programme rules and for honouring rewards; staff roles and the merchant's responsibility for staff actions; accurate business information; branding rights the merchant grants Loyila to display its programme; and the merchant's own data protection obligations towards its customers.

[LEGAL TEXT]Merchant obligations, including a reference to the data processing terms.

4. Customer terms

Cover: one account across merchants; that the QR code is personal and must not be shared; that rewards are offered and fulfilled by the merchant, not by Loyila; and how to leave a programme or close the account.

[LEGAL TEXT]Customer obligations and the merchant-fulfils-rewards principle.

5. Rewards and programmes

Explain that stamps, points and rewards have no cash value, may expire under the merchant's rules, can be corrected if recorded in error, and that Loyila may remove visits gained through misuse.

[LEGAL TEXT]Reward rules, expiry, corrections, and misuse.

6. Acceptable use

List prohibited behaviour: fraudulent scans, sharing or copying QR codes, creating multiple accounts, scraping, interfering with the service, and using campaigns for spam or unlawful content.

[LEGAL TEXT]Prohibited uses and consequences.

7. Fees and the pilot

State that the service is free for merchants during the pilot, how and when fees will be introduced, notice periods, payment methods, taxes, and refunds. Customers are never charged.

[LEGAL TEXT]Pilot terms, fee introduction, billing, VAT, refunds. [SET REAL PRICES]

8. Data protection

Point to the privacy policy and to the merchant data processing terms. Confirm compliance with the Kenya Data Protection Act, 2019.

[LEGAL TEXT]Cross-reference and any merchant-specific processing terms.

9. Intellectual property

Loyila owns the service and its brand. Merchants keep their own brands and give Loyila a limited licence to display them. Feedback may be used to improve the service.

[LEGAL TEXT]Ownership, licences, feedback.

10. Availability and changes

The service may change, and features marked as coming soon are not promised by a date. Describe maintenance, outages, and how changes to the service or these terms are announced.

[LEGAL TEXT]Service changes, uptime expectations, notice of changes to terms.

11. Suspension and termination

When Loyila may suspend or close an account, how a merchant or customer can end the agreement, and what happens to programme data and unredeemed rewards.

[LEGAL TEXT]Termination rights and consequences.

12. Liability

Disclaimers and limits of liability that are permitted under Kenyan law, including the Consumer Protection Act, 2012.

[LEGAL TEXT]Warranties, limitation of liability, indemnities.

13. Governing law and disputes

These terms are governed by the laws of Kenya. Describe the dispute process: talk to us first, then mediation or the courts of Kenya.

[LEGAL TEXT]Governing law, dispute resolution, jurisdiction.

14. Contact

Questions about these terms: support@loyila.com. Legal entity: [SET LEGAL ENTITY], [SET ADDRESS].