This section pertains to GetintheLoop for Business customers and partners. Click here for Terms of Service for GetintheLoop Members.
Effective date: April 21, 2022
These Terms of Service (“Terms”) are a binding agreement between you, the user of the the services described herein and any other individual, business or entity, employee or invitee of yours, (“you”, “yours”) and GetintheLoop Marketing Ltd. (“GetintheLoop”, “us”, “we”, “our”) and it’s affiliated entities, and governs your access and use of:
(i) a GetintheLoop for Business account (“Account”),
(ii) the GetintheLoop Business Dashboard (“Dashboard”),
(iii) the GetintheLoop Marketing Platform and Integrated Audiences (“Platform”),
(v) any other online services, software applications, features, upgrades, enhancements, or add-ons provided by GetintheLoop,
((i) through (v) referred to collectively as the “Service”).
Your access to, and use of the Service is conditioned on your acceptance of, and compliance with these Terms. These Terms apply to all persons who access or use and operate the Service on your behalf. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Eligibility & Acceptance of Terms
By registering for and using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms.
You represent and warrant that you are an individual, you are of legal age to form a binding contract, that you are a legal resident of Canada or the United States, and any business or entity represented must be registered or organized in Canada or the United States, to register a GetintheLoop for Business account and use the Service.
Use of the Service is prohibited by individuals governed by European Union rules, directives, or regulations regarding cookie notification, data locality, and General Data Protection Regulation 2016/679.
By accepting these Terms, you are representing and warranting that you have the legal capacity to be bound, or to otherwise bind your affiliated business or entity, to the terms and conditions contained herein.
We reserve the right to revise these Terms and any of the attached policies from time to time. Each revised version will be published and made available through the Service. By continuing to use our Services after any change are made, you agree to be bound by such changes.
2. Description of Service
GetintheLoop provides access the Service to you as an advertising service, which includes the following. GetintheLoop does not provide the ability to access, control, operate, edit or manipulate the underlying software in any way.
You agree to provide advertising content in the form of a discount, perk, reward, incentive, or convenience on products and/or services (the “Offer”) offered by you or any business, entity, commercial operation, charity, or community organization represented by you (the “Business”) through the Service. GetintheLoop will publish, advertise, promote, distribute and otherwise market the Offer, making it visible and available, in GetintheLoop apps, website, widgets, display ads, marketing emails, notification and other online and offline formats, through 3rd party ad networks and distribution mechanisms, and to customers or users of GetintheLoop’s partner and/or affiliate branded platforms, including but not limited to product integrations, data feeds, websites, apps, embedded widgets, display ads, email campaigns, and other consumer ad spaces (collectively, the “Consumer Audience”) in accordance with the following:
a. You grant GetintheLoop the limited license to, at GetintheLoop’s sole and exclusive discretion, advertise your Offer on any and all distribution channels (including but not limited to online, print, and e-mail) and any or all Consumer Audience.
c. All Offer content must follow the guidelines set forward in Section 4. GetintheLoop may remove any Offer at any time at GetintheLoop’s sole and exclusive discretion.
d. GetintheLoop shall not be responsible for, nor liable to you or any third party, for the content of any of your Offers. You shall indemnify and hold GetintheLoop harmless against any claims, actions, damages, losses or liabilities to the extent arising from infringement of any patent, copyright or other proprietary right resulting from GetintheLoop’s use of your content.
e. You shall honour any and all Offers for all Consumer Audience who provide valid usage credentials for the duration of this agreement. Approved usage credentials include displaying an online coupon from a mobile device, presentation of a printed coupon, using a promotion code or other online designator as recorded on the Platform, presenting an Service generated text message or other notification from a mobile device, or any other recognized and valid form of redeeming offers available through the Service. In the event you do not honour a provided Offer, and GetintheLoop receives notice thereof, GetintheLoop shall have the right, in its sole and absolute discretion, to remove the Offer and/or the Business from the Service without any further obligation to you or the Business.
f. GetintheLoop will provide, at its sole discretion, summary data on the visibility and performance of your Offers. While GetintheLoop endeavours to ensure the accuracy and timeliness of this data, no warranty is made about accuracy or timeliness. GetintheLoop reserves the right to reprocess, recalculate, adjust, or otherwise modify any and all performance data at any time, to correct deficiencies, increase accuracy, remove errors, or otherwise change the process in which this data is collected, processed, stored, and shared.
When you create an account with the Service, you will provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account and access to the Service.
You are responsible for safeguarding any password or other mechanism that you use to access the Service, and for any activities or actions performed under your account.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You grant GetintheLoop permission to contact you regarding your account, access to and use of the Service, performance, Offers, content or any other legitimate business reason related to your use of the Service.
Each Offer will contain certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
a. Prohibited Content
The Service may not be used to advertise, promote, sell, or otherwise offer counterfeit or illegal goods, products that enable dishonest behaviour, misrepresented products or services, or any product or service that is otherwise illegal to sell, buy, advertise, promote, or offer for commercial gain, in your country of service. Additionally, your Offer must not contain libellous, derogatory, insulting, violent, defamatory, or otherwise unreasonable or objectionable text, graphics, videos or other material. The above is considered “Prohibited Content”, and is not allowed on the Service.
GetintheLoop reserves the right to remove any Prohibited Content, immediately, at its own discretion.
b. Restricted Content
Content that is legally or culturally sensitive, including but not limited to adult-oriented products, all alcohol, tobacco, vape, marijuana, cannabis, CBD, or similar products and services, firearms, online or in-person gambling-related content, online medical, prescription, or pharmacy services, financial or insurance products, and cryptocurrency-related products and service may be restricted and not visible or available for some or all of the Consumer Audience, or removed entirely at GetintheLoop’s sole discretion.
Failure to comply with these restrictions may result in GetintheLoop, at it’s sole discretion, terminating your access to the Service.
5. Fees & Payments
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or it is cancelled by GetintheLoop. You may cancel your Subscription renewal by contacting GetintheLoop.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide GetintheLoop with accurate and complete billing information including full name, address, province, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GetintheLoop to charge all Subscription fees incurred through your account to any such payment instruments.
GetintheLoop will collect any taxes necessary in addition the the Subscription amount.
b. Fee Changes
GetintheLoop, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
GetintheLoop will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Non-payment of any and all fees associated with a Subscription will result in suspension from the Service.
Certain refund requests for Subscriptions may be considered by GetintheLoop on a case-by-case basis and granted in sole discretion of GetintheLoop.
This Agreement shall be effective as of your date of account creation on the Platform (“Effective Date”).
GetintheLoop may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
You may discontinue using the Service at any time with thirty (30) days written notice to GetintheLoop, unless otherwise stipulated.
7. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GetintheLoop and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GetintheLoop.
Unless otherwise indicated, all other trademarks appearing on the Service are the property of their respective owners.
8. Representations and Warranties
You represent and warranty to the best of your knowledge: (i) that you have all necessary right, power and authority to enter into these Terms and to fulfill its contractual obligations hereunder; (ii) that the information that you upload, post, e-mail, transmit, or otherwise makes available to GetintheLoop or on the Platform, including without limitation content, trademarks, logos and screenshots, is accurate and free of third party encumbrances; (iii) that you have not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that your service complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that you comply with all applicable laws, statutes, ordinances and regulations.
a. Notice of Claims
Any legal claim asserted against or made by a Member, client or corporate partner to the you regarding your Offer shall be immediately reported in writing to GetintheLoop. Failure to promptly notify GetintheLoop of a claim shall be an event of default by you and GetintheLoop may, in its sole discretion, elect to immediately remove you from the Service.
IT IS EXPRESSLY UNDERSTOOD BETWEEN THE PARTIES THAT GETINTHELOOP DISCLAIMS ANY LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM ANY COMMUNICATION OF INFORMATION BY GETINTHELOOP CONCERNING THE PRODUCTS, SERVICES OR DISCOUNTS BEING OFFERED BY YOU TO GETINTHELOOP’S MEMBERS, AUDIENCE, MARKETING CHANNELS, AND/OR CORPORATE PARTNERS.
Each party agrees to defend, indemnify, and hold harmless the other party and each party’s employees, contractors, members, corporate partners, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) a party’s gross negligence and willful misconduct in performing any of its obligations under these Terms, (b) a party’s wrongful use of and access of the Service or any services, information or products from the Service, (c) a party’s violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of a party’s submission to the Service has caused damage to a third party, or (e) a party’s violation or breach of any of these terms and conditions, or a party’s representations and warranties.
This defence and indemnification obligation shall survive your involvement in the Service. GetintheLoop reserves the right, in its sole discretion, to assume the exclusive defence and control of any claim for which GetintheLoop or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defence and shall provide GetintheLoop with such cooperation at no charge as is reasonably requested by GetintheLoop to assert any available defences.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the province of British Columbia, and Canada. For all purposes of these Terms, the parties consent to the exclusive jurisdiction and venue in the Provincial Court of British Columbia. Use of the Service is not authorized in any jurisdiction and that does not give effect to all provisions of these Terms, including without limitation, this section.
11. Limitation of Liability
GetintheLoop shall not be liable for property damage, personal injury, loss of profits, interruption of business, or any other special consequential, or incidental damages, based on failure to perform the Services or other breaches of this Agreement, or any other theory of liability. In addition, GetintheLoop shall not be liable for any loss or damages arising out of any use of the Service.
If any part of these Terms is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
a. Force Majeure
Neither party will be liable for any failure or delay of performance under these Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, pandemics, epidemics, mandated government shutdowns, acts of God, government regulations, war, terrorism, labor disputes, power failures, or any failure or delay that are due to unexpected disruptions of service from any of GetintheLoop’s service and infrastructure providers.
You may contact GetintheLoop at:
GetintheLoop Marketing Ltd.
200-1353 Ellis St.
Kelowna, BC, Canada, V1Y 1Z9