PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP ON YOUR DEVICE
These terms of use (the “Terms”) are a legal agreement between you (“you”) and Pitstop Advertising Limited (registered in England and Wales with company number 4284645) and registered address at 30-32 3rd Floor, Whitfield Court, Whitfield Street, London, England, W1T 2RQ). (“Pitstop”, “us”, or “we”) in respect of your use of the Pitstop app (the “App”).
By downloading and installing the App onto your device or logging in to your account, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App and you must not use it and you must uninstall it from your device.
1.1 You must be at least 17 years of age in order to use the App.
1.2 You can only have one Pitstop account per person. You must not use multiple email addresses or phone numbers. Likewise, the same email address or telephone number cannot be registered to more than one Pitstop account. If we discover that an individual has multiple accounts, we reserve the right to combine the account or to delete one of the accounts. Likewise, any points will be transferred to a single account, minus any duplicates or points earned from the same activity.
1.3 Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded this app from the Apple App Store, Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.
1.4 We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
1.5 These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time by notifying you of a change when you next start the App (we may also email you about any material changes to the Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.
1.6 From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements.
1.7 You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.
1.8 Access to the App may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
2.1 In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence (i.e. permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorised App Store Providers only, and you may view, use and display the App for your personal purposes only.
2.2 Except as explained in these Terms or as permitted by any applicable local law, you agree: (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, vary or modify the App (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, and (d) not to provide or otherwise make available the App in whole or in part in any form to any person without prior written consent from us.
2.3 You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
3.1 In the event you are required to set a password to access the App, you must keep such password and any other relevant authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of the App.
3.2 We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.1 The App gives registered users various opportunities to earn points. See “How do I earn points?” for more details. We reserve the right to change the method with which points can be earned at any time as well as the number of points that may be earned for any particular activity.
4.2 The timing for when points will be added to the user’s account in the App will vary depending on how the user earned the points. In most cases the points will be added within a matter of hours but there may be a delay in the allocation of points for technical reasons. You will be notified within the App once the points have been added to your account.
4.3 If we have accidentally credited points to your account in error, we reserve the right to deduct those points at any time.
4.4 Points are non-transferable and can only be used by the Pitstop account holder. Whilst points can be used to redeem offers as displayed in the App, please note that points do not have any cash value. Points are not directly exchangeable under any circumstances for cash. They cannot be sold, bartered or otherwise transferred to any third parties.
4.5 Points in the App do not have an expiry date. As long as you have an account on the App (and we continue to operate the App) your accrued points will remain available. If you close or deactivate your account for any reason, you will not longer have access to your points.
5.1 The App will make various offers and rewards available from our partners from time to time. These offers and rewards may be subject to specific terms and conditions and/or may require you to undertake a specific activity within a certain timeframe.
5.2 You may only redeem a special offer once. Likewise, offer codes will generally only be valid for a limited time period, unless specified otherwise. The number of points needed to redeem an offer or a reward will be displayed in the App. We reserve the right to change the number of points required to redeem a particular offer at any time.
5.3 The use of points and/or benefiting from partner offers, codes and/or discounts generally cannot be combined with other promotional offers. For example, discount coupons or codes, premium offers, or other promotions offered by our partners or other third parties can generally not be combined. Please ensure you read the relevant terms and conditions for any specific rules which apply to a particular offer or reward.
5.4 We do not guarantee that every offer or reward will be available at all times. All offers and rewards are advertised subject to change and/or availability (for example, the relevant partners products may run out of stock at any time before the relevant offer can be redeemed).
5.5 Please note that our partners may cancel offers or rewards at any time. Points are not refunded or credited in the event a partner cancels an offer or reward.
The rules for cancelling or returning items depend on the type of item and the partner supplying it. Your legal rights regarding cancellation apply. However, please note that there might be restrictions depending on the type of item. Please speak to the relevant partner for more details. You can find out more information about your legal rights at www.citizensadvice.org.uk.
7.1 The App gives you the opportunity to enter various prize draws from time to time. Unless specified otherwise in the App, we will be the promoter of these prize draws. Entry into certain prize draws may require you to use points. However, there is no fee to enter the prize draws.
7.2 This section contains the terms that apply to all prize draws offered through the app (unless specified otherwise). Each individual prize draw may also have additional terms which apply specifically to it. In the event of a conflict between the general terms in this section and any such specific terms, the specific terms will prevail.
7.3 All entries to prize draws must only be made by the Pitstop account holder following the instructions provided in the App. Any entries to prize draws using automated means or technology will be void. Any entries to a prize draw received after any applicable closing date will not be valid.
7.4 Unless specified otherwise, only one entry per Pitstop account holder is permitted. We do not take responsibility for entries that are not received due to reasons outside our control (for example due to technical errors, or omissions).
7.5 Pitstop employees or employees of any partner connected to the promotion are not eligible to enter into a prize draw. Winners will be randomly in the presence of an independent person or via a random computer process.
7.6 We will notify prize draw winners in most cases by email using the registered email address or another method specified in the prize draw information. In most cases we will notify winners within 28 days after the closing date of the prize draw unless stated otherwise.
7.7 If we are unable to reach a winner or a winner does not claim the prize within 14 days of our first attempt, we reserve the right to withdraw the prize and offer it to another entrant.
7.8 Depending on the nature of the prize, in most cases, the prize will be delivered within 28 days. We are not responsible if any prize gets lost, damaged, or is delayed by third parties due to reasons outside our control.
7.9 Any costs such as taxes, insurance, transfers, spending money and other expenses are the winner’s responsibility, unless specifically stated otherwise.
7.10 We may request permission from winners to use their name, county, and/or image in our publicity materials. Any personal data will be handled in accordance with our privacy notice referred to below. In order to get the information regarding the winners of any prize draw, please contact us within 28 days after the closing date using the contract details below.
7.11 There are no cash alternatives to any prizes. Prizes are not transferable or redeemable for cash, and are subject to availability. We reserve the right to substitute a prize for another of equal value.
7.12 We also reserve the right to cancel or make changes to a prize draw at our discretion if it is due to reasons outside our control.
7.13 Our decision on all matters related to a prize draw is final and no correspondence will be entered into. By entering a prize draw you agree to comply with these terms.
7.14 We are not liable for any incorrect information provided by a partner or other third party in relation to a prize draw.
You promise to us that (a) you are authorised to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, and (d) any information submitted by you shall be at your own risk.
Please see our Privacy Notice which is available via the App for information regarding how we process your personal data in connection with the App.
10.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms.
10.2 In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
11.1 The partners who make offers and rewards available in the App will change from time to time. We do not control whether a partner continues to make offers and/or rewards available in the App or whether a partner changes its terms and conditions at any time. We therefore provide no guarantee that any specific partner will always provide offers or rewards in the App.
11.2 The App may contain links to or allow you to share content directly with other third party services such as social media platforms and our brand partners (“Third Party Services”). You acknowledge that we have no control over the Third Party Services and are not responsible for their contents and/or availability.
11.3 We do not endorse the content or other material contained in the Third Party Services. Your use of the Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with the Third Party Terms.
12.1 We provide the App on an “as is” and “as available” basis. We make no guarantee that the App will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App, whether express or implied.
12.2 We only provide the App for domestic, personal and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 Our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50.
12.4 Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law.
12.5 Nothing in these Terms restricts any legal rights you may have as a consumer.
13.1 We may terminate these Terms and your permission to use the App immediately if (a) you commit any breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason.
13.2 Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
13.3 On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease, (b) you must immediately cease all activities authorised by these Terms (including your use of the App), (c) you must immediately uninstall and remove the App from your device(s), and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by e-mail or using any other contact details you provide to us.
15.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
15.4 These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction.
If you have any queries or concerns regarding the App, you may contact us at help@pitstopapp.co.uk.
These Terms were last updated on 01/08/2024