HuYu App Terms and Conditions of Use ("Terms")

Version 2.1

Last Updated Date 23/10/18

1. About us

Get rewarded for sharing your data with HuYu. Earn points for scanning grocery receipts, completing surveys. Then turn your points into vouchers for shopping, coffee, or rides – take your pick from a whole range of major brands. It’s a fair, simple and easy way to make your data work for you

The HuYu App is supplied by dunnhumby limited ("dunnhumby", "we", "us", and "our").

Our company number is 02388853.

Our registered office and our place of business is 184 Shepherds Bush Road, London, England, W6 7NL. Please do not send correspondence to this address.

"App" means the HuYu App and all updates of the HuYu App that we make available or provide to you.

IMPORTANT NOTICE: PLEASE READ

These Terms explain how you may use the App and the legal terms that apply.

The Reward Rules are part of these Terms and explain how you can use the App to earn points and exchange them for rewards.

Our Privacy Policy explains how we will use your personal data.

The Reward Rules can be found below and the Privacy Policy can be found in the “Help” section.

Please pay particular attention to Sections 15 and 16 of these Terms, which are about our liability to you.

To use the App, you must accept these Terms and our Reward Rules by clicking the "continue" button (or similar) at the end of these Terms when prompted. This will create a binding legal contract between you and us, and the App will launch on your device. If you do not agree to the Terms and the Reward Rules, you do not have a licence to use the App and you should not use it.

2. Age

To use the App, you must be 18 or older.

3. Permission from device owners

You must obtain permission from the owner of any device that is controlled but not owned by you to download and use a copy of the App on that device.

You and the owner of the device may be charged by your and the owner's service provider for internet access on the device.

You should check with your and the device owner's mobile or internet service provider for details of data and internet usage charges.

If you download or install the App onto a device, you accept responsibility in accordance with these Terms for using the App on that device, whether or not you own that device.

4. Device and system requirements

The App is compatible with devices that meet the minimum system and compatibility requirements below. If your device does not meet these requirements, the App might not work on your device as intended:

We support iOS 10.0 and above and Android 5.0 and above.

Devices below 320px in resolution are not supported.

The App memory size is approximately 77MB on iOS and 65MB on Android, however this will increase or decrease as features are added, updated or removed. The memory size also depends on your mobile device, so for the most up to date App memory size, please check your device’s settings.

5. Support for the App, how to tell us about problems and complaints

For help using the App or if you have any queries about the Reward Rules please view our FAQs or alternatively, email our support team at help@huyuapp.co.uk.

You can also email our support team at help@huyuapp.co.uk about any problems you have using the App, or if you want to let us know about any errors or performance issues with the App, or if you have a complaint. We will endeavour to respond to your email within 30 days of receipt.

Rewards (such as e-gift cards) are subject to the relevant merchant's terms and conditions. If you have redeemed points in exchange for a reward and you have a query or complaint about the reward, please contact the relevant merchant.

6. How we will contact you

If we need to send you a general notice or general information, we will send a pop-up notification on the App. We recommend that you check the App regularly and frequently for notifications. We may also contact you by email using the most recent email address you have provided to us.

7. Permission to use the App

The App belongs to us and our licensors. We grant you a non-exclusive, perpetual, licence to:

  • Download and install the App onto a device that you own or control, or if you have obtained the App from the Apple App Store, onto any Apple branded product that you own or control,
  • Use the App for personal, non-commercial use in accordance with the Reward Rules.

If you obtained the App from the Apple App Store, you must also use the App in accordance with the Usage Rules in Apple's App Store Terms of Service.

If you obtained the App from Google Play, you must also use the App in accordance with the Google Play Terms of Service.

You may use the App anywhere in the world, but please note that under the Reward Rules, we only accept scanned receipts from certain UK retailers. Further details can be found in our Reward Rules in the “help” section of the App.

You may share the App in accordance with family-sharing rules, family-group rules and volume purchase rules of the app store where you obtained the App. Otherwise, you must not transfer the App to any other person or share the App with any other person.

If you sell any device on which the App is installed you must remove the App from the device before you deliver the device to the buyer.

This is a licence, not a sale. That means that we and our licensors continue to own the App when it is installed on your device.

8. Some rules

There are some rules we ask you to follow when using the App.

You must not:

  • Use the App for any illegal purpose,
  • Use the App for any commercial or business purpose,
  • Upload or transmit anything via the App that is obscene, defamatory, abusive, or threatening or that infringes any other person's rights,
  • Use the App to do anything that could harm our reputation,
  • Use the App to post or transmit spam,
  • Try to hack the App or to get around any of the App's security or access control features,
  • Modify, adapt, translate, or create derivative works of the App,
  • Remove, alter or conceal any trademark, logo, copyright or other proprietary notice that is on the App.
  • Decompile or reverse engineer the App or try to derive source code from the App by any other method ("Reverse Engineer" the App), except as is permitted by the Copyrights Designs and Patents Act 1988 (as amended). If you require information to enable you to make the App interoperable with other software ("Interoperability Information") please contact us at help@huyuapp.co.uk so that we may try to assist you.
  • If we provide you with Interoperability Information or if you obtain Interoperability Information, you may only use it for the purpose of making the App interoperable with another software program. You should not use Interoperability Information for any other purpose.

9. Changes to these Terms

From time to time, we may make changes to these Terms to reflect:

  • Changes in law or regulations that affect the App or our business,
  • Industry requirements or standards that affect the App or our business,
  • Changes or updates to the App.

We will notify you of such changes to these Terms by sending you a pop-up notification via the App. We recommend that you check the App regularly and frequently for notifications.

If you continue to use the App after the changes to these Terms come into force, you will have accepted the amended Terms.

If you are unhappy with our changes to the Terms, you can stop using the App from the date that the changes come into force.

By clicking to accept a change or by continuing to use the App after the date that the changes to the Terms take effect, you are agreeing to be legally bound by those changes.

The latest version of these Terms will be available to you via the App interface, or in the “help” section of this App.

10. App Updates

From time to time we may make free updates available to you to improve the App's performance, to fix bugs, to address security issues, to enhance functionality, and/or to improve the user experience. We recommend that you install updates as soon as reasonably possible after we make them available to you.

We may automatically update the App on your device to address security threats.

11. We are not responsible for other websites you link to

The App may contain links to independent websites which are not provided by us. These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

12. Errors, bugs and interruptions

The App and all updates are supplied to you free of charge.

You acknowledge that the App is provided on an "AS IS" basis and may contain errors or inaccuracies. We do not give any warranty or guarantee that the App will operate without error.

We do not guarantee uninterrupted access to the App. You acknowledge that we may need to interrupt access to the App for scheduled or emergency maintenance purposes, to fix bugs or for security reasons. Access to the App may also be interrupted for reasons outside of our reasonable control.

13. App not developed for your requirements

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the App as described on the applicable app store front and in these Terms meets your requirements.

14. Security of internet transmissions

You acknowledge that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

15. Our liability to you – losses we are responsible for

We do not exclude or limit our liability to you:

  • For death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors,
  • For fraud or fraudulent misrepresentation, or
  • For any liability that cannot be excluded or limited by law.

16. Your responsibilities and our liabilities

It is your responsibility to:

  • check that your device and operating system is compatible with the App (see paragraph 4 of these Terms if you not sure);
  • regularly back-up all devices where you have installed the App and all data and digital content, at least every 45 days;
  • promptly install all updates we make available to you within 14 days after we make the update available to you.

What happens if the App damages:

  • your device? If the App damages a device belonging to you, and that type of damage would not have occurred if we had taken reasonable skill and care, we will either repair the damage or pay you compensation, unless you failed to comply with your above responsibilities.
  • your data or content? If the App damages data or other digital content that belongs to you, and that type of damage would not have occurred if we had taken reasonable skill and care, we will repair or compensate you for the damaged data or content up to the last back-up made by you

However, if you failed to comply with your above responsibilities to install updates or to back up data as recommended, we won’t repair your device or compensate you for any loss or damage.

Personal, non-business use only: The App is for your personal, non-business use only. You may not use the App for business or commercial purposes. We will not be liable for any business-related losses that you suffer as a result of our breaking these Terms or our negligence. Examples of "business-related losses" include loss of profits, loss of business, loss of contracts, loss of business opportunity and business interruption.

Events outside our reasonable control: We will not be liable for any losses that you suffer because we fail to comply with these Terms as a result of events outside our reasonable control.

How is compensation under these Terms calculated? If we are liable to compensate you, we will only be responsible for "reasonably foreseeable" loss that you suffer as a result of our failing to comply with these Terms, the Reward Rules or as a result of our negligence. Loss is "reasonably foreseeable" if it is an obvious consequence of our failing to comply with these Terms. Loss is also "reasonably foreseeable" if, at the time you accepted these Terms, both we and you knew the loss might happen as a result of our failing to comply with these Terms.

If you cause your own loss: If you breach these terms, we will not be liable for any increase in loss or damage that you suffer as a result of your breach of these Terms or your failure to comply with your responsibilities.

17. We may end your right to use the App

If you do not comply with these Terms, the Reward Rules or applicable laws, or if we have reasonable grounds to suspect fraud or misuse of the App by you or by anybody using your device or account details, we may immediately terminate your right to use the App and exclude you from the HuYu reward scheme by giving you written notice setting out the reasons.

We may also end your right to use the App if we are required to do so by the app store where you obtained the App.

If you have not interacted with the App for 117 consecutive weeks, we may contact you by SMS or email to let you know that we intend to terminate your use of the App and remove you from the reward scheme under the App. "Interacting" with the App means:

  • Logging in to the App
  • Scanning a Receipt
  • Completing a survey on the App
  • Allowing (or continuing to allow) the App to access data on your Facebook or Google public profile.

When we contact you we will let you know the date on which your right to use the App and to participate in the reward scheme will end, which will be least 30 days after we contact you.

18. We may discontinue the App

We may end your right to use the App if we discontinue the App or the Reward Scheme.

We will give you not less than 30 days' notice by SMS or email before discontinuing the App or the Reward Scheme.

19. You can choose to stop using the App at any time

If you no longer wish to use the App, you may end this contract by contacting us at help@huyuapp.co.uk.

20. What happens after your right to use the App ends

When your right to use the App ends:

  • You will no longer be able to use the App. You should stop using the App and delete it from all of your devices.
  • We (or the app store where you obtained the App) may remotely disable the App on your device(s) or use other means to prevent you from accessing the App.
  • You will not be able to earn any points under the Reward Rules.
  • For details of when and how to redeem points if your right to use the App ends, please see the Reward Rules.

21. PLEASE READ THIS SECTION IF YOU OBTAINED THE APP FROM THE APPLE APP STORE:

If you obtained the App from the Apple App Store, this section explains how responsibility for the App is allocated as between dunnhumby and Apple.

If you obtained the App from Google Play or another app store, this Paragraph 21 does not apply to you.

  • These Terms are between dunnhumby and you. These Terms are not between you and Apple.
  • dunnhumby's responsibilities and liabilities to you are explained in the other sections of these Terms.
  • dunnhumby, not Apple, is solely responsible for the App and its content.
  • Apple has no obligation to provide any maintenance or support services for the App.
  • dunnhumby, not Apple, is responsible for any product warranties in relation to the App.
  • If the App does not conform to a warranty given by dunnhumby, you may notify Apple, and if you have paid a purchase price for the App, Apple will refund you the purchase price. Apple has no other warranty obligation in respect of the App.
  • Any other claim that you might have in relation to the App is dunnhumby's sole responsibility (and not Apple's) and will be determined in accordance with the law and these Terms.
  • dunnhumby, not Apple, is responsible for addressing any claim by you or a third party relating to the App or your use or possession of the App. This includes: product liability claims; (ii) any claim that the App does not comply with any law; and (iii) consumer protection, privacy and similar claims.
  • If a third party claims that the App or your use or possession of the App infringes that third party’s intellectual property rights, dunnhumby, not Apple, will be solely responsible for investigating, settling, defending and/or discharging the claim.
  • Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Apple and its subsidiaries may enforce these Terms in accordance with the Contracts (Rights of Third Parties) Act 1999. Apart from this, no other person has rights under the Contract (Rights of Third Parties) Act 1999 to enforce these Terms. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms in order to rescind, vary, suspend, enforce or terminate these Terms, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms.

You warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

22. We may transfer this contract to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

23. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

24. Third parties

Except where Paragraph 21 applies, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

25. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26. Even if we delay in enforcing this contract, we can still enforce it later

If we fail to insist that you meet your obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and it does 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. Even if we delay in enforcing this contract, we can still enforce it later.

27. Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in relation to these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

28. Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you reach the end of our internal complaints handling procedure without resolution, we will provide you with the name and website address of an independent body that is competent to deal with your complaint, should you wish to use alternative dispute resolution. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

HuYu App Reward Rules ("Reward Rules")

Version 2.1

Last Updated Date 23/10/18

1. About these Reward Rules

These Reward Rules explain how you can use the App to earn points and exchange them for rewards.

These Reward Rules are part of the HuYu App Terms and Conditions of Use ("Terms") and should be read with the Terms as one document.

2. Terminology

To make these Reward Rules easy to understand, we've defined certain words and expressions. When we use any of the words or expressions below in these Reward Rules, they have the meanings given below:

"HuYu Reward Scheme" means the scheme described in the Terms and in these Reward Rules allowing users to earn points by sharing data and opinions with us and to exchange points for rewards.

"Receipt" means a receipt for any purchase you have made as a consumer at or from a Recognised Supermarket.

"Recognised Supermarket" means any UK branch or website of the following supermarkets:

  • Tesco
  • Sainsbury’s
  • Asda
  • Morrisons
  • Lidl
  • Aldi
  • Co-op
  • Waitrose
  • Ocado

"Your Supermarket Data" means personal data that relates to you and that is controlled by a Recognised Supermarket.

3. How can you earn points?

The HuYu App allows you to share your data and opinions with us in exchange for points that can be redeemed in exchange for rewards.

Every time you complete a survey, scan a receipt, sign up to the App with Facebook or Google, you will earn some points. The table below explains what you can do to earn points, and how many points you can earn for each "activity".

Activity

Number of points

The first time you sign up to the App with Facebook or Google

10

When you scan a Receipt into the App that you have not previously scanned

5

When you complete a survey on the App that you have not previously completed

variable

You will be able to start collecting points once you have accepted our Terms (by clicking on the "continue" button at the bottom of the Terms) and once the App has launched on your device.

You do not need to sign up to the App to collect points; but you do need to sign up to the App to redeem points (see Paragraph 4 below).

If you collect points before signing up to the App for the first time, details of the number of points you have collected will be stored locally on your device. So if your device is lost or stolen we won’t be able to restore points that you have earned. However, after you sign up to the App for the first time, we will keep a record of the number of points awarded to you and the number of points that you have redeemed. To protect your points, we strongly recommend that you sign up to the App as soon as you begin to collect points.

4. Redeeming points

To redeem points, just open the App and press the rewards button in the navigation bar. You will be able to see if you have enough points to redeem and if so you will be directed to the website of our selected reward partner. From there, you will be able to exchange your points for rewards. Rewards are electronic gift cards with selected merchants. Rewards are subject to the relevant online retailer's terms and conditions.

Points must be redeemed in batches of 500 points. For example, if you have 510 points, you can redeem 500 points, leaving a balance of 10 unredeemed points. If you have fewer than 500 points, you'll need to earn more points to reach the 500 Point threshold before you can redeem.

We attach a notional value to a Point. The notional value of a Point is £0.01 (one pence). That means that when you redeem 500 points, you will receive a reward to the value of £5. We will not exchange points for cash payments to you.

Once a gift card is delivered, it is non-refundable and non-exchangeable.

A maximum reward value of £50 per day applies. This limit is subject to change at any time. If you have questions or problems relating to the receipt of a gift card, please contact our rewards partner directly and they will aim to respond to questions or resolve your issue within 3 business days.

If you have issues relating to the use of (rather than the receipt of) a gift card, please contact the gift card merchant’s customer service team.

5. Changes to the Reward Rules

We reserve the right to change and substitute from time to time our rewards partner, selected online retailers that we partner with to provide rewards, and the rewards that can be obtained by redeeming points. For details of the rewards that are available at any time and other information about the rewards or problems, please visit our partner’s website.

We may also change:

  • The activities that earn points,
  • The number of points that are awarded for a particular activity, and/or
  • The notional value of a Point.

If we plan to change the Reward Rules in any way that affects how you can earn points or how many points are awarded or the notional value of a Point (a "Points Change"), we will give you reasonable advance notice of a Points Change by sending you a pop-up notification via the App, and you will have 30 days from the notification to redeem your points. By continuing to use the App after a Points Change takes effect, you are agreeing to be legally bound by the Points Change.

6. Withholding points and rewards

We reserve the right not to allocate points and/or rewards to you if you are in breach of the Terms (see Paragraph 8).

7. Personal use only

The HuYu Reward Scheme is for personal, non-business only. If we determine that your use of the HuYu Reward Scheme constitutes business use, you acknowledge that we may take any action we consider appropriate including cancelling any or all points awarded to you and/or terminating your right to App and excluding you from the HuYu Reward Scheme (see Paragraph 8).

Gift cards are not for resale.

8. Termination

Fraud, misuse, or breach: Under our Terms, if you do not comply with the Terms, these Reward Rules or applicable laws, or if we have reasonable grounds to suspect fraud or misuse of the App by you or by anybody using your device or account details, we may immediately terminate your right to use the App and exclude you from the HuYu Reward Scheme by giving you written notice setting out the reasons (see Paragraph 17 of the Terms). From the date that we give you written notice, all points that you have collected but not yet redeemed will be forfeited, and you will not be entitled to earn any more points, even if you continue to use the App or to share your data with us.

Terminating for non-use: You can choose to stop using the App or to delete it from your device at any time. Under our Terms, if you have not interacted with the App for 117 consecutive weeks, we may give you notice ending your right to use the App and removing you from the Reward Scheme (see Paragraph 17 of the Terms). If we give you notice for non-use, you will be able to continue to earn and redeem points in accordance with the Reward Rules for 30 days after the date of our notice. Points may only be redeemed in batches of 500 points. Unredeemed points will be forfeited after the end of the 30 day period.

If we discontinue the App or the Reward Scheme: If we discontinue the App or the HuYu Reward Scheme, we will give you advance notice in accordance with the Terms (see Paragraph 18 of the Terms). You will be able to continue to earn and redeem points in accordance with these Reward Rules for 60 days after the date of our notice. Points may only be redeemed in batches of 500 points. Unredeemed points will be forfeited after the end of the 60 day period.

If we change the Terms: If we amend the Terms and you are unhappy with our changes to the Terms, you can stop using the App from the date that the changes come into force:

  • You will be able to continue to earn and redeem points in accordance with these Reward Rules until the change takes effect;
  • You will be able to redeem points in accordance with these Reward Rules for up to 30 days after the change takes effect by contacting us at help@huyuapp.co.uk, provided you have logged into the App at least once before the change took effect. Points may only be redeemed in batches of 500 points. Unredeemed points will be forfeited after the end of the 30 day period.

By clicking to accept a change or by continuing to use the App after the date that the changes to the Terms take effect, you are agreeing to be legally bound by those changes.