gainspotter User Agreement
Revision date:     2015
gainspotter is a service that allows its users to earn redeemable points, receive offers and important information by interacting with marketers and/or their products and services (referred to in this User Agreement as “Brands”). gainspotter provides such services primarily through use of its own proprietary mobile applications (mobile apps) and also through its websites, tools and services, which are collectively referred to in this User Agreement as the “gainspotter Service” and which includes both singular and plural references as the specific context of a sentence in this User Agreement requires.
This user agreement (the “User Agreement”) forms a binding agreement between you (“you” refers to the person accessing or using the gainspotter Service), and gainspotter Limited, a limited liability company registered in Malta by means of number C 67389 with registered address at Central Business Centre, Room 1, Level 1, Suite 2, Mdina Road, Zebbug, Malta (“gainspotter” or “we,” “us” or “our”), or between the company or organization on whose behalf you access or use the gainspotter Service, and gainspotter Limited, whether or not you are a registered user of gainspotter. Before you may use the gainspotter Service, you must read and accept all of the terms in, and linked to, this User Agreement and the gainspotter Privacy Policy (published at [insert address]. By accepting this User Agreement, you agree that this User Agreement and the Privacy Policy will apply whenever you use a gainspotter Service. Some gainspotter Services, including without limitation, applications, websites, tools and services may have additional or other terms that we will provide to you when you use such gainspotter Services. If you use any part of the gainspotter Service that has a separate user agreement and/or privacy policy, you agree to accept the terms and conditions of that user agreement and privacy policy prior to your first use thereof. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this User Agreement at any time without further notice. If we do this, you must read and accept the new terms for this User Agreement to continue to access and use the gainspotter Service. Changes to the User Agreement will be posted to this page and the last revision dated will be indicated at the top of this page.
Using gainspotter
While using the gainspotter Service, you agree you will not:
  1. Use automated scripts to collect information from or otherwise interact with the gainspotter Service;
  2. Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  3. Sign into a user’s account other than your own;
  4. Violate any laws, third party rights or our policies;
  5. Use the gainspotter Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the gainspotter Service;
  6. Interfere with other users’ use and enjoyment of the gainspotter Service;
  7. Transfer your gainspotter account, share your gainspotter credentials and/or user identification information with another party without gainspotter’s consent;
  8. Share your devices used to complete Earn Activities with more than four other users living in the same household or with anyone outside of your household;
  9. Use any mobile devices including, without limitation, “smartphones” and computing tablets that have been modified or altered in any fashion whatsoever such that the user is able to bypass the hardware and/or software restrictions imposed on the device by the device manufacturer or service provider (commonly known as “jailbreaking” a device). The user further agrees not to misrepresent his/her GPS location or otherwise inaccurately communicate his/her purchases, locations, or other information transmitted to the gainspotter Service, gainspotter or its affiliates;
  10. Copy, modify or distribute rights or content from the gainspotter Service;
  11. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own information) from the gainspotter Service without the prior express written permission of gainspotter and the appropriate third party, if applicable; and
  12. Interfere or attempt to interfere with the proper working of the gainspotter Service or any activities conducted on or with the gainspotter Service, including completing Check Ins at locations other than as specified in the Earn Activity.
Abusing gainspotter
We endeavour to ensure that the gainspotter Service works in a proper manner. We kindly invite you to report any problems, offensive content, and violations of this and any other gainspotter policy to us.
Without prejudice to further action, we reserve the right to limit, suspend or terminate our service and specific user accounts, prohibit access to the gainspotter Service, delay or remove hosted content, and take technical and legal steps to keep users off the gainspotter Service if we believe that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of gainspotter’s policies. Furthermore, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of this User Agreement and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts, or accounts that have been inactive for a long time, or to modify or discontinue any part of the gainspotter Service.
If your account is terminated for any violation or breach of this User Agreement, you may lose part or all of your account balances at the sole discretion of gainspotter.
gainspotter reserves the right to fix any processing errors we discover, including those that affect users’ account balances.
Use of the gainspotter Service is void where prohibited. By using the gainspotter Service, you represent and warrant that you are 18 years of age or older, and that you agree to and will abide by all of the terms and conditions of this User Agreement. Your gainspotter account may be terminated without warning if we believe that you are under 18 years of age, or if we for any reason believe you are misrepresenting your age. Maltese residents will be asked to confirm their age before redeeming any points. Failure to comply will lead to such non-compliant user to lose all his/her account balance and to the cancellation of the relevant account.
gainspotter Data; Account Security
In consideration of your use of the gainspotter Service, you agree to (a) accurately provide all required information, as well as other information you elect to include, about you in any registration forms in connection with the gainspotter Service (including without limitation, the number for your valid personal mobile phone and your personal e-mail address) (“gainspotter User Information”); (b) maintain the security of your password and identification; (c) maintain and promptly update gainspotter User Information, and any other information you provide to gainspotter, to keep it accurate; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If you request gainspotter to complete your gainspotter User Information, we may do this by acquiring information via collection from a third party, and will store this information as if you entered it into the gainspotter Service directly.
In the event you change or deactivate your mobile telephone number or email address, you agree to update your account information on gainspotter within 24 hours to ensure that your messages are not sent to another person who acquires your old information. You may not use anyone else’s password or account.
Communication from gainspotter
When you visit or use the gainspotter Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and can opt-in or out from receiving communication from us at any time. Further, you may communicate to gainspotter (by sending us an email at [insert email address]) how you would like to receive communication from us (e.g., text message or email). Please be advised that message and data rates may apply to any communication you send to or receive from gainspotter. You are responsible for any such fees and/or charges, and under no circumstances shall gainspotter be responsible for any such charges you may incur. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Inactive Account Fees
If you have not accessed your gainspotter account within the previous 18 months it will be deemed to be “Inactive” and gainspotter may elect to close your account. If your account is closed, solely due to being Inactive any remaining unredeemed balance will be lost
Similarly, in case of death of a user, any remaining unredeemed balance will be lost.
Proprietary Rights in Site Content; Limited License
All content on or available through the gainspotter Service, including designs, text, graphics, pictures, video, information, URLs, applications, software, music, sound, and other files, and their selection and arrangement (the “gainspotter Service Content”), are the proprietary property of gainspotter, its advertisers or their licensors, with all rights reserved. gainspotter Service Content shall include any scanned images submitted to gainspotter. By transmitting a scanned image to gainspotter, you agree that gainspotter owns any and all images transmitted by you via the gainspotter service (which includes without limitation gainspotter applications and/or “apps”), including scanned receipt images (the “Scanned Images”). Notwithstanding the foregoing, gainspotter shall not be obligated to own or otherwise be deemed to own Scanned Images that gainspotter determines, in its sole discretion, to be offensive, illegal or otherwise unsuitable for ownership by gainspotter. No gainspotter Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without gainspotter’s prior written permission. Provided that you are eligible for use of the gainspotter Service, you are granted a limited license to access and use the gainspotter Service and the gainspotter Service Content solely for your personal and non-commercial use (the “User License”), except for payments made to you in accordance with this User Agreement. Except when using the gainspotter application, you may not upload or republish gainspotter Service Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the gainspotter Service Content is strictly prohibited. The User License is subject to this User Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the gainspotter Service or the gainspotter Service Content other than as specifically authorized herein, without the prior written permission of gainspotter, is strictly prohibited and will terminate the limited license previously granted to you. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this User Agreement shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time without notice and with or without cause.
Beta Versions
If you are using or participating in a beta version of the gainspotter Service, you understand and acknowledge that the beta version is in development and therefore is only an experimental model. During the beta test, the gainspotter Service might not function fully or adequately and might contain defects or other shortcomings. Furthermore, you agree to cooperate with gainspotter’s reasonable requests in connection with any beta program.
“gainspotter” and other gainspotter graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trademarks of gainspotter in Malta and/or other countries. All other company and product names may be trademarks of their respective holders. These trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated or used, in whole or in part, without the prior written permission of gainspotter or the applicable third party, if any.
Third Party Materials and Websites
The gainspotter Service contains (or through the gainspotter Service you may be sent to) third party advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties including that which pertains to eGift cards (the “Third Party Materials”), as well as links directly to third party web sites (“Third Party Sites”) which may be related or unrelated to Third Party Materials. Such Third Party Materials and Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed or linked through the gainspotter Service or any Third Party Materials posted on, available through, linked by or installed from the gainspotter Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of, or contained in, the Third Party Materials or the Third Party Sites. Inclusion of, linking to or permitting the use or installation of any Third Party Materials or any Third Party Sites does not imply approval or endorsement thereof by us. If you decide to leave the gainspotter Service and to use or install any Third Party Materials or access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern your use of the Third Party Materials or Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the gainspotter Service or relating to any applications you use or install from the gainspotter Service.
Earn Activity
As a gainspotter user, gainspotter may offer you opportunities to earn money or receive offers, by, among other things, watching advertisements, scanning product bar codes, providing proofs of purchase, completing surveys and/or checking in at designated locations through the gainspotter Service (each and/or all an “Earn Activity”). These Earn Activities may be sponsored by a gainspotter Affiliate or by gainspotter directly. A “gainspotter Affiliate” is defined as an entity that provides or links an Earn Activity to its targeted audience through the gainspotter Service. When you use your computer and communication devices for completing Earn Activities, gainspotter associates your account with the devices used and limits the number of accounts per device to no more than five, of which all these accounts must be for people living in the same household.
For Earn Activities to be valid, you must complete the full activity or activities as requested, be at the location designated and/or be in possession of your full original receipt of your purchases. All receipt scans sent to gainspotter must include the original bar code or the part of the receipt for the products identified in the Earn Activity. gainspotter’s sole determination of a valid, completed Earn Activity will be final and is not subject to negotiation, third party judgment or arbitration.
gainspotter and/or Brands will be paying you in exchange for your completion of Earn Activities and redemption of offers through the gainspotter Service. You may access such payments at any time through your gainspotter account by _______________________________. You are solely responsible for the reporting and payment of any taxes for money earned through gainspotter Services.
gainspotter is not responsible or liable in any manner for any Third Party Materials posted on the gainspotter Service or in connection with the gainspotter Service, whether posted or caused by gainspotter, by third parties or by any of the equipment or programming associated with or utilized in the gainspotter Service.
The gainspotter Service may be temporarily unavailable from time to time for maintenance or other reasons. gainspotter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. gainspotter is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials from the internet and/or in connection with the gainspotter Service. Under no circumstances will gainspotter be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the gainspotter Service or Third Party Sites, or any Third Party Materials posted on or through the gainspotter Service or Third Party Sites and/or transmitted to users.
The gainspotter Service, any related applications and the gainspotter Service content are provided “as-is” and gainspotter disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. gainspotter cannot guarantee and does not promise any specific results from use of the gainspotter Service and/or any related applications. gainspotter does not represent or warrant that software, content or materials on, in or available through the gainspotter Service, or any related applications are accurate, complete, reliable, current or error-free or that the gainspotter Service, or any related applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the gainspotter Service and any related applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
gainspotter reserves the right to change any and all content, software and other items used or contained in the gainspotter Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by gainspotter.
Limitation on Liability
In no event will gainspotter or its directors, employees or agents be liable to you or any third person for any indirect, consequential, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the gainspotter Service, any related applications or any of the gainspotter Service content or other materials on, accessed through or downloaded from the gainspotter Service, even if gainspotter is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, gainspotter’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid or payable to you by gainspotter under this user agreement, but in no case will gainspotter’s liability exceed eur 2,000.
Relationship of the Parties
Nothing in this User Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and gainspotter. You understand that you do not have authority to make or accept any offers or make any representations on behalf of gainspotter, and you shall not hold yourself out as gainspotter’s agent or employee.
Governing Law; Venue and Jurisdiction
By visiting or using the gainspotter Service and/or the Service, you agree that the laws of Malta, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and gainspotter or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection with any such dispute other than in the Courts of Malta, and you hereby consent to such jurisdiction and venue, and waive all defenses of lack of personal jurisdiction or that Malta is an inconvenient place to hold any hearing regarding any dispute you may have with gainspotter.
You and gainspotter agree that, except as may otherwise be provided in regard to specific services on or through the gainspotter Service in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this user agreement, and/or the gainspotter Service (including your visit to or use of the gainspotter Service) shall be final and binding arbitration through the Malta Arbitration Centre in terms of the Arbitration Act (Chapter 387 of the Laws of Malta). Moreover, if you have in any manner infringed upon or violated or threatened to infringe upon or violate the gainspotter’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the apart from arbitration proceedings, gainspotter may seek injunctive or other appropriate relief.
You agree to indemnify and hold gainspotter, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the gainspotter Service, your conduct in connection with the gainspotter Service or with other users of the gainspotter Service, or any violation of this User Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the gainspotter Service (“Submissions”), provided by you to gainspotter are non-confidential and shall become the sole property of gainspotter. gainspotter shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter.
This User Agreement shall constitute the entire agreement between you and gainspotter regarding the use of the gainspotter Service, superseding any prior agreements between you and gainspotter relating to your use of the gainspotter Service. The failure of gainspotter to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this User Agreement is held invalid, the remainder of this User Agreement shall continue in full force and effect. If any provision of this User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.