Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Gurkha Loyalty platform, website and services (the "Services") provided by Gurkha Loyalty, a trading brand of Gurkha Holding Group Ltd. By creating an account or using the Services you agree to be bound by these Terms.

1. Acceptance of terms

By accessing the platform you confirm that you have read, understood and agree to these Terms, and that you have the authority to bind the organisation you represent.

2. Accounts and security

• You must be at least 18 years old to create an account.
• You must provide accurate and complete information when registering, and keep it up to date.
• You are responsible for keeping your credentials secure and for all activity that happens under your account.
• You must notify us immediately if you become aware of any unauthorised access.

3. Acceptable use

You agree not to:

• use the Services in breach of any applicable law or regulation;
• attempt to disrupt, reverse engineer or circumvent the security of the platform;
• upload malicious code, collect data at scale without permission, or interfere with other users;
• use the Services to send unsolicited, deceptive or unlawful marketing messages;
• misrepresent loyalty offers, rewards or programme terms to your customers.

4. Loyalty programmes

Merchants are solely responsible for the design, funding, promotion and fulfilment of their loyalty programmes, including the accuracy of points, stamps, tiers, rewards and balances. Customers take part in a merchant's programme subject to that merchant's own programme terms.

5. Fees and billing

Fees are billed in advance on a monthly or annual basis and are processed through secure third-party payment providers. We will give at least 30 days' notice of any pricing change. Fees are exclusive of VAT unless stated otherwise, and overdue invoices may result in suspension of the Services.

6. Intellectual property

All intellectual property rights in the platform remain with us. You retain ownership of your customer data and content, and grant us a limited licence to use it solely to provide and improve the Services.

7. Privacy

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use and protect personal information.

8. Third-party services

The Services may integrate with third-party providers such as payment processors, email delivery and point-of-sale systems. We are not responsible for the availability, content or practices of those providers.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Services are provided "as is" without warranties of any kind, and our total liability is limited to the fees you paid in the previous twelve months. We are not liable for indirect or consequential loss, or for loss of profit, data or goodwill.

10. Suspension and termination

You may terminate your account at any time. We may suspend or terminate accounts that breach these Terms, giving notice where it is reasonably possible to do so.

11. Changes to these Terms

We may update these Terms as the platform and legal requirements evolve. We will notify you of material changes at least 30 days before they take effect, and continued use of the Services after that date constitutes acceptance.

12. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

13. Contact

Questions about these Terms can be sent to [email protected], or by post to Gurkha Loyalty, 182-184 High Street North, London, E6 2JA.