Terms and Conditions

This Application and the service offered by it is brought to you by M&S and our partner, Eagle Eye Solutions Limited. This document set outs the terms and conditions of the use of the Application (the "Application"). By downloading and/or using the Application, you are deemed to have accepted these terms and conditions. We may at any time modify these terms and conditions and you can view the most current version of them by downloading the latest version of the Application. The most current version on the latest Application will supersede all previous versions. If there is any conflict between those terms and conditions on the latest Application and those in the Application you have downloaded, the version on the latest Application shall prevail. By continuing to use the Application after changes have been made to the terms and conditions, you agree to be bound by such changes.


(1) References to "M&S", "we", "us" and "our" shall be construed as meaning M&S. References to "you" or "your" shall be construed as meaning you the customer and user of the Application and service.


(2) To access and use the offers and rewards presented via the Application you must be aged 13 years or over. If you are under 13 you are prohibited from using and must not use the offers or rewards presented unless you are accompanied by a parent or guardian at the time of redemption. Certain offers shall only be available to users aged 18 or over and certain offers may be subject to other qualifying conditions set by the retailer or merchant to whom the offer or reward relates. The retailer or merchant reserves the right to prevent you from using the offer or reward if it believes you are under age or are not accompanied by a parent or guardian (as appropriate) or do not meet the qualifying conditions associated with the offer or reward. You hereby warrant that all information submitted by you is accurate and current.


(3) We have licensed the use of the technology supporting this Application and service from Podifi, and hereby grant you a non-exclusive, non-transferable sub-licence to download, install and use the Application on your mobile device, subject to these terms and conditions. This licence is in respect of your use of the Application only. It may not be used for commercial purposes.


(4) You are responsible for the security of your mobile device and for the security installed on it. You confirm that you have taken measures to protect the use of and security of your mobile device.


(5) Except as expressly permitted in these terms and conditions, you shall not, and shall not permit others to (a) modify, translate, create derivative copies of, or copy the Application, in whole or in part; (b) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Application to source code form; (c) distribute, sublicense, assign, share, sell, rent, lease, grant any interest in or otherwise transfer the Application or your right to use it; (d) remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the Application; (e) communicate or attempt to communicate with the service other than via the Application; or (f) use the Application in any manner not expressly authorised by these terms and conditions.


(6) We will use our reasonable endeavours to make the service available to you at all times, but cannot guarantee an uninterrupted or fault free service.


(7) We reserve the right to make changes to the Application or any part of it from time to time including without limitation, the upgrade, removal, modification and/or variation of any elements, features and functionalities of the Application. We can do this without notice to you. We also reserve the right to charge you to download and/or use future versions of the Application and/or the service (you will be notified of such charges first). If you do not like any of these changes or the charges introduced please stop using the Application.


(8) You acknowledge that you will not be able to access and use the Application or certain functionalities of the Application unless you have internet access through a GPRS, 3G or Wi-Fi connected mobile device (and you will need to have your Wi-Fi activated to use the offers and rewards within the Application). All traffic charges or access charges incurred due to the use of the Application are your responsibility and are subject to your agreed terms with your mobile network provider.


(9) Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Application at any time without notice to you in the event you breach any of these terms and conditions.


(10) You are not allowed to use and you agree not to use the Application for any unlawful purpose. You agree not to transmit any material that contains viruses or other programs designed to interrupt or damage the functionality of the Application or any equipment associated with it. You agree not to interfere with the platforms, servers or networks connected to the Application. You agree not to impersonate any other person whilst using the Application or conduct yourself in an offensive or objectionable manner when using the Application. If we consider that you are making any illegal and/or unauthorised use of the Application, and/or your use of the Application is in breach of these terms and conditions, we reserve the right to terminate your use of the Application without notice and take such other action that we deem necessary including taking legal action.


(11) You acknowledge that you will be bound by all applicable law relevant to your use of the Application and the service. We may, at any time and for any reason, terminate this agreement with you and deny you access to the Application. In the event of termination for any reason you must not try to use the Application and the rights and licenses granted to you under these terms and conditions shall terminate.


(12) When registering and/or logging on to use the offers and/or rewards made available within the Application, you agree to supply both us and Podifi with certain information about yourself (personal information). You agree that the personal information you supply or supplied may be used by us, Podifi or carefully selected third parties for marketing purposes and so that we can continue to send you information about our goods and services, offers and promotions. You agree that any personal information you provide may also be used by Podifi, and shared by Podifi with third parties, for analytical purposes or for extracting non-personal information including transactional information from it for the purposes set out below. Any non-personal information we or Podifi collect from your use of the Application (see Privacy Policy for details) may be used by Podifi as it sees fit. Podifi may use or share personal information with its group companies, its trading partners, suppliers, subcontractors, third party affiliates or any of Podifi's or their respective agents or subcontractors (collectively known as Podifi's "Business Partners") for purposes including but not limited to: data analysis, providing us with marketing or customer service assistance, helping Podifi and its group companies to improve the technology used to support the Application and the service and its service offering generally, monitoring the use and effectiveness of the service and/or your use of the Application, and from time to time evaluating if we can improve our service offering to you. By supplying us with your personal information and using the Application you are consenting to your personal information being used or shared in the manner and for the purposes stated above. If you do not want your personal information to be used or shared in this manner please do not use the Application. Your information will be treated in accordance with our Privacy Policy, which can be viewed within the Application. The terms of the privacy policy are incorporated into these terms and conditions.


(13) We do not currently charge you to download or use the Application. You may however be charged for data usage by your network provider when using the Application depending on the mobile tariff you are on. If you receive a message from us that offers you the opportunity to browse and or call to learn more, depending on the mobile tariff you are on, charges may apply. If you are roaming when you receive a message from us and you reply/call or browse, depending on the mobile tariff you are on, roaming charges may apply.


(14) Your use of the Application and/or the service is done so on an "as is" basis. The content of the Application is provided "as is" without any warranties or other terms of any kind. To the maximum extent permitted by law, we expressly exclude all representations, warranties (whether express, implied or statutory), obligations and liabilities in connection with the Application or any of its content.


(15) Rewards and offers provided are subject to availability and may only be available while stocks last. We do not guarantee that the rewards or offers are accurate or valid. We shall not be responsible if the rewards or offers you have applied for or attempt to redeem are incomplete, inaccurate, invalid, lost, not received, not redeemed or have expired. You should check any rewards or offers have been applied and are still valid prior to committing to any purchase of goods or services. You acknowledge that where a reward is claimed, this may be claimed automatically and you authorise Us and Eagle Eye to take such actions as may be required for the reward to be claimed, including, inter alia, sending you any regulatory messages.


(16) Any use of the Application is entirely at your own risk. To the maximum extent permitted by law, we shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by your downloading or use of the Application or any of its content, or by any failure, delay or interruption of any kind of the provision of the Application or any of its content (including offers and rewards), or by our failure to perform any of our obligations under these terms and conditions. The content within the Application is made available for you to select or disregard as you see fit. It does not constitute advice. Where the Application contains opinions or recommendation, those opinions and recommendations are not endorsed by us and, to the maximum extent permitted by law, we shall not be liable on account of the accuracy or otherwise of such opinions and recommendations.


(17) We cannot guarantee that a merchant will accept the use of your Application. We shall not be liable for any direct or indirect loss or damage you may suffer in the event that a merchant refuses to accept the use of the Application (in whole or part) or if we cancel or suspend your use of the Application in accordance with these terms and conditions. By agreeing to these terms and conditions, you confirm that you are personally liable for the use of the Application. To the extent permitted by law, you will be liable to us for, and agree to indemnify us against, all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings we directly or indirectly incur or which are brought against us if you have acted fraudulently or been negligent or misused the Application or breached these terms and conditions, including the costs of any legal action taken to enforce this Agreement. We shall not be bound to recognise the interest or claim of any person other than you in respect of the Application, nor shall we be liable in any way for failing to recognise such interest or claim (except as required by law). No claim by you against a third party may be the subject of a defence or counterclaim against us.


(18) In no event shall we be liable for any indirect, special, incidental or consequential damages including without limitation loss of income, data or other information as a result of your use of the Application.


(19) Without prejudice to the above, any liability we may have to you will be limited to the greater of:
(a) the value of the offer giving rise to the dispute; or
(b) £50.00.


(20) Links to third party websites and companies may appear within the Application. Such third party websites are not our responsibility and we accept no responsibility for the availability, suitability, reliability or content of such third party websites.


(21) Offers and rewards presented by us via the Application may be supplied to us by third parties. We cannot be held responsible for and do not accept any liability whatsoever, either express or implied for the content, make-up or terms of any third party offer or reward presented in the Application, including but not limited to their accuracy, relevance or quality.


(22) You acknowledge and agree that we are not responsible for the availability or redemption of any third party products and services accessed via the Application. We shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between you and any third party retailers, merchants or advertisers found on or via the Application, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant retailer, merchant or advertiser. We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.


(23) We accept no liability or responsibility for any of the third party bookings, products and services provided by third party suppliers. The third party suppliers will be supplying products and services to you on their own standard terms and conditions. Third party rewards or offers may be withdrawn or amended at any time.


(24) The intellectual property rights in respect of the Application, its technological platform, the service, our name, brand and trademarks and the content of the Application belong to us and our licensors (including Podifi) (as appropriate). No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Application in accordance with these terms and conditions. You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us or our licensors, and doing anything which may be seen to take unfair advantage of our or any of our licensors' reputation and goodwill, or could be considered an infringement of any of the intellectual property rights owned by and/or licensed to us, without first obtaining the prior written consent of both ourselves and our licensors (including Podifi).


(25) These terms and conditions are governed by the laws of England. You and we submit to the non-exclusive jurisdiction of the Courts of England.