1. Introduction

This Agreement is a legal document, which sets out your rights and obligations, and those of ParrotPoints ("we", "us" or "ParrotPoints"), in relation to this site and the services offered by us through it (the "ParrotPoints Service"). You must take the time to read and understand it before registering for the ParrotPoints Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 15 below.

People who register for the ParrotPoints Service establish an "Account", and become "Account Holders".

2. The ParrotPoints Service

The ParrotPoints Service allows Account Holders to earn credit (“Points”) by downloading apps and participating in other online activities . To qualify for Points, we must confirm that the Account Holders app download (or other activity) is tracked, genuine and successful (constituting a "Qualifying Transaction"), and your resulting referral fee must be received by us. You may convert Points to receive benefits (“Rewards”), such as gift vouchers for a third party website) when you have obtained enough Points according to the exchange rates stipulated on the website.

Our guide page and other service documentation available on the ParrotPoints site provide further information about our service; you should consult them concerning queries or issues you may have about the ParrotPoints Service.

3. Obtaining an Account

You must be at least 16 years of age to obtain an Account. A person may have no more than one Account. You must be a resident of the UK to register for a ParrotPoints Account.

You must register for the ParrotPoints Service using accurate and current information about yourself - including your correct email address and any other requested details. You should keep this information updated through your Account.

Our Website Terms & Conditions contain important information on how we deal with the personal information you provide through your ParrotPoints Account.

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.

4. Points& Rewards

The number of Points offered for each Qualifying Transaction is listed on the website. After an Account Holder successfully completes a Qualifying Transaction, and once we have received the resulting referral fees for that Qualifying Transaction, we will credit the Account Holder with the Points.

You can request that all, or a portion of your Points being exchanged for Rewards. Rewards are provided as benefits (such as an electronic gift voucher) for a third party retailer or service. The ParrotPoints website will list the Rewards that are currently available and the corresponding Points required to obtain them. You can request that Points be converted a Reward on the website. To claim a reward we will require you to enter your email, if we do not already have this on record. It is your responsibility to ensure that the email we have on record is correct. Once we have a sent a Reward voucher out, we will usually be unable to cancel it or resend it to another email address. In such a instance you will still be debited the corresponding Points, so it is imperative that you keep your email address up to date. In certain circumstances, such as when redeeming Points for mobile phone credit rewards, we will require additional information from you before we can provide you with Rewards.

Note that the Reward provider may have rules about the maximum or minimum payment that you can receive through them in a given period.

We will endeavour to respond to Reward requests within 48 hours of submitting that request. However, in some circumstances this may not be possible and we reserve the right to respond within 6 weeks. Circumstances that may lead to a delay in Rewards include, but are not limited to:

As a security measure, we only allow one Reward claim in a 4 hour period per Account Holder.

There are various circumstances in which Rewards will not be payable to the Account Holder, and will be forfeited to us, namely:

    1. suspended by us;
    2. associated with any fraudulent activity or any breach of this Agreement;
    3. used to earn Points on behalf of, or for the benefit of, any other person

We reserve the absolute right to refuse to pay out Rewards if fraudulent use is suspected. Correspondence will not be entered into.

If we suspect fraudulent use of the service we may take any or all of the following steps depending upon the circumstances:

We use a number of automatic and manual processes to detect and eliminate fraudulent use of our Service to protect us, our users and our clients. The processes include:

5. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the ParrotPoints Service (including the material which is contributed by Account Holders or third parties) are owned by, or licensed to, us. No-one may copy, distribute, show in public or create any derivative work from the ParrotPoints Service, or any of the material which is found on the ParrotPoints Service unless properly licensed to do so by us.

6. Web Site Terms & Conditions

Our Web site terms and conditions form part of this Agreement, and by entering into this Agreement you also give your consent to the way we handle your personal data under that policy. The Web Site Terms & Conditions are available on the website and you should read them carefully.

7. Our Role

ParrotPoints is not a party to any transactions with third parties, for example app developers.

Accordingly, we have no control over or responsibility for:

  1. the quality, safety, or legality of those goods or services available from third parties; or
  2. whether the third parties can or will supply and pass good title to any goods or services.

Account Holders should exercise no lesser degree of caution in entering into transactions with third parties than they would when entering into a similar transaction directly.

To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with third parties.

8. Misuse

We reserve the right to suspend or terminate any Account Holders access to the ParrotPoints Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.

Account Holders must not enter into, or attempt to enter into, any transaction with a third party to gain Rewards (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a third parties offering, or (c) in breach of any terms and conditions applied by ParrotPoints or the third party to that transaction.

It is each Account Holders obligation to ensure that any material posted by him/her or associated with his/her Account:

  1. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
  2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  3. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  4. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
  5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
  6. where it constitutes feedback on a third party, is accurate and fair; and
  7. does not advertise any goods or services.

If you see or experience anything on the ParrotPoints Service that appears to infringe any of the above requirements, we would like you to inform us immediately.

Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.

9. Contact from third parties

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

  1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  2. to respond promptly and accurately to it, should we pass the message to you for a response.

10. Additional services

We or our partners may offer new or additional services through the ParrotPoints Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the ParrotPoints Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

11. Operation of the ParrotPoints Service

We reserve the right to withdraw, modify or suspend aspects of the ParrotPoints Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We do not need to give you notice before taking such action. There may also be times when the ParrotPoints Service becomes inaccessible as a result of technical difficulties experienced by ParrotPoints or our partners; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the ParrotPoints Service or any of the content that appears on it. Nevertheless, we will strive to ensure that any periods of planned unavailability are kept to a minimum.

For security or other reasons, we may require you to change password or other information which facilitates access to the ParrotPoints Service; however, we will never ask you for your password via email, telephone, or any other means other than through the ParrotPoints website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

12. Liability

  1. We warrant that the ParrotPoints Service will be provided with reasonable care and skill with the intention of meeting our specifications for the ParrotPoints Service, but we cannot and do not guarantee that the ParrotPoints Service will meet your requirements.
  2. ParrotPoints shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
  3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
  4. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
    1. for any loss of revenue, business, anticipated savings or profits, or
    2. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the ParrotPoints Service or other non-performance of this Agreement or otherwise.
  5. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
  6. For the avoidance of doubt, ParrotPoints will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with third parties, or any activity or communication relating to such material or transactions.
  7. The provisions of this Clause shall survive the termination or expiry of this Agreement.

13. Indemnity

You agree to indemnify ParrotPoints against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a third party.

14. Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to the ParrotPoints Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the ParrotPoints Service, except for any fraud or fraudulent representation by either of us.

15. Changes to this Agreement

We reserve the right to change this Agreement from time to time, and post the new version on the ParrotPoints Service. When we do so, we will post the new version of the Agreement on the ParrotPoints Service, and the new version of these terms and conditions will take effect immediately.

16. General

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and ParrotPoints are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

17. Law

This Agreement, and our relationship with you and each Account Holder, is governed by the laws of England and Wales.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.

18. Keeping this Agreement

We don't separately file the individual Agreements entered into by Account Holders when they register for the ParrotPoints Service. You can access it at the ParrotPoints website. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

19. Contact

We are Parrot Media Limited, and our address for correspondence and queries is Parrot Media Limited, 176 Weir Road, London, SW12 0NP. We are a company registered in England and Wales under registration no. 8336904. Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via our website where we will provide a contact email address or contact form, and we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.