Welcome to Active Orbit (“we/us”) and to the Community Platform that we own, access to which we are offering to make available to you under the terms of this agreement.
This document tells you the terms on which you may join and access the Rewards Portal, and our wider Community Platform (our ecosystem, as we like to call it!). When you join us as a Reward Partner we want you to do so because you believe in and are committed to the long term success of the Active Orbit ecosystem. It is therefore essential that you read this document carefully and make sure that you are joining as a Rewards Partner because you can see all the benefits of being part of our ecosystem and are committed to working with us to make it successful.
If you have any questions on becoming a Rewards Partner, please email us firstname.lastname@example.org. Once you have joined and are approved as part of our Platform, you will have access to use our Platform, whether delivered via the Portal rpp.activeorbit.co.uk or our main Website https://www.activeorbit.co.uk (“the Websites”) or via our Mobile Application (“the App”) and the software that we provide (“Platform Software”).
Please read carefully before signing up to and using the Platform. By using the Platform, you accept the terms and agree to comply with them in full. If you don’t accept or agree with these terms and conditions, please don’t use the Platform.
The Websites, App and the Platform Software are owned and operated by Active Orbit Ltd which is a UK limited company registered in England under company number 12608486. Our registered office and main trading address is Allia Future Business, London Road, Peterborough, PE2 8AN. We are a technology company operating within the health and wellbeing industry.
- Use of the Platform: GeneralTerms
1.1 When you join us as a Reward Partner – by signing up via the Portal – we are granting you permission for temporary, non-exclusive use of our Platform, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. We can also allow anyone else to use the Platform and the services that we make available on the Platform.
1.2 You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the Platform or the Platform Software, and nor are you allowed to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform Software.
1.3 You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform and/or any documents on the site available to any third party.
1.4 You are responsible for configuring your own computer and software to access our Platform Software and the material on our Platform. Although we try to protect our Platform, we are not responsible for any viruses, bugs or similar problems and you should use your own virus protection software. We don’t give you any warranty that the way we deliver data to you is compatible with your software or with the way your computer is configured.
1.5 You must treat your Rewards Partner ID, and any other identification codes, passwords or security information as strictly confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your Rewards Partner ID, passwords and codes).
1.6 You agree to follow our Acceptable Use Policy together with any rules and promotion guidelines which may be published and/or provided to you from time to time.
1.7 If you allow anyone else to use our Platform (for example an employee or team member within your organisation), you must make sure that they read these terms and conditions first, and that they follow them. Their conduct will remain your responsibility at all times.
1.8 Only use the Platform as allowed by law and in accordance with these terms. If you don’t, we may put your status as a Reward Partner on hold, deactivate your account, suspend your usage, or stop it completely.
1.9 We do frequently upgrade and update our Platform and make changes to it, but we are not obligated to do so and we do not have to consult with you before making any changes to our Platform.
- Signing up to the Reward Partner Portal
2.1 By signing up as a Reward Partner you are agreeing to become part of our community ecosystem. We welcome you into our community and hope that you will be a long term partner as we grow the subscribers and bring new footfall and enquiries to your business.
2.2 It is free of charge for you as a Reward Partner to sign up to be part of our Platform. There is no joining fee and no ongoing fee to remain visible and discoverable on our Platform. However, in return for this free of charge service we do ask our Reward Partners to agree to some simple rules of collaborative working. These guidelines are published within the Platform for your ease of reference and they include:
2.2.1 Whilst you are a member of our Platform, you agree to always feature a reward offer that can be redeemed by our subscriber community, and you agree to offer rewards that are useful and valuable;
2.2.2 You will honour all reward redemptions from our subscribers, and if there is any dispute with one of our subscribers you will contact us to advise us of the issue arising;
2.2.3 You agree to review and change your offers in ensure that they are valid and relevant, and to make your account inactive if your reward offer is is temporarily unavailable for redemption for any reason;
2.2.4 You agree to promote and publicise the Platform with your own customers, such as via your newsletter, website blog, social media accounts, displaying posters of flyers;
2.2.5 You agree to display the Active Orbit logo on your website to confirm that you are signed up as a Reward Partner to offer rewards and are therefore part of the community ecosystem;
2.2.6 You agree that we can feature you on our own social media accounts, blogs or vlogs, Websites or other marketing material in order to promote you as a member of our Rewards Partner Portal;
2.2.7 You will help us to grow the success of the Platform by speaking positively about the Active Orbit ecosystem being a champion and ambassador for the growth of the community Platform.
2.3 It is a simple and easy process to sign you as a Reward Partner using our online portal. You can do so at https://rpp.activeorbit.co.uk/sign-up and once you are approved as a member of the Platform you will use the login page https://rpp.activeorbit.co.uk/login.
2.4 When you first sign up to our Portal, you will be asked to enter your details including your business name, address, phone number, opening hours, social media handles, website, email address. You will also be asked to use our location services functionality to accurately locate your business’ location on our interactive map and confirm that it is correct. You can add a photo such as your logo or a photo of your shopfront. You agree to take full responsibility for checking the accuracy of all details about your business before submitting it for approval.
2.5 The Active Orbit team will check and approve your application to be featured on our Platform. This process usually takes no more than 48 hours, and you will receive an email confirmation that you have been approved and that you are now live on the Platform. If for any reason we need more information, or want to qualify or check any of the details in your application, we will contact you by email to advise that your application is on hold until we are able to clarify those details with you.
2.6 Once approved and live on our Platform, you will always be required to feature one live reward offer as part of your status in order to be discoverable on the Platform and within the App. There is help available within our Portal to assist you with creating an offer that is suitable for your customers, however in general terms you can display any offer that is relevant and valuable. If at any time you are not displaying a valid Reward Offer for our subscribers, then you status as a Reward Partner will be temporarily registered as inactive and you will not be discoverable in the App.
2.7 At any time you can choose to update the Reward Offer on display, and we do recommend that you do so because it keeps customers interested in your products. Any changes you make to your Reward Offer are not checked or approved by us – they are instantly updated in our Platform – although we may carry our audits and checks on the Reward Offers being provided by our Partners.
- Use of the Platform
3.1 You agree to act reasonably and responsibly in your use of our Platform and as a signed-up Reward Partner. In particular you agree to the terms of this clause 3 and agree that any breaches of this clause may lead to your being deactivated from the Platform. Our decision on this is final.
3.2 You agree not to use the Platform:
3.2.1 for any unlawful purpose;
3.2.2 to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or any other company within our group of companies;
3.2.3 to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
3.2.4 to provide any kind of commercial information service;
3.2.5 as a source of material or contact data for any kind of marketing activity;
3.2.6 in a way that affects how it is run;
3.2.7 in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us;
3.2.8 to tamper with, update or change any part of the Platform;
3.2.9 use any automated means to monitor or copy the Platform or their content, or
3.2.10 to interfere with or attempt to interfere with how the Platform works.
- Deactivating your status as a Reward Partner
4.1 You are not however bound or obligated to stay on the Platform for any length of time, there is no minimum time commitment and should you decide that you no longer want to be part of the Platform you can simply deactivate your account inside of the Portal.
4.2 We may also deactivate your status as a Reward Partner if we have reasonable concerns about you or your business, although we will always attempt to contact you and resolve any issues before doing so. If we decide to deactivate your account, our decision is final and we reserve all rights in this regard.
4.3 You may also change your status as a Reward Partner “inactive” using the option within the Portal, for example if your business is going to be temporarily closed. We do however expect Reward Partners to be active and providing valuable offers to our subscriber base for the vast proportion of the time, and so if your business is inactive for a period of time we will contact you and discuss your status as a Reward Partner to see how we can help.
- Intellectual Property Rights
5.1 We are the owner or licensee of all intellectual property rights in the Platform (for example the copyright and any rights in the design) and the Platform Software, and in any of the material and information hosted or posted on the Platform and in any and all databases related to the Platform.
5.2 If you breach these terms, you lose your right to use our Platform, and will be immediately deactivated as a Reward Partner.
5.3 “Active Orbit” is our EU registered trade mark, and all rights in that trademark are reserved by us. You may however use our trade mark only as agreed with us, for example to display it on your website to confirm that you are a registered Reward Partner or on marketing material that advertises the same to your customers. If we see that you are using our trade mark incorrectly or in any way that breaches our IPR then we will contact you and ask you to cease and desist with that infringement.
5.4 You agree that we may use your business name, your logo, and all details inputted by you into the Portal for the purposes of advertising your business on our Platform. When you sign up as a Reward Partner you agree and accept that it is a necessary and essential part of our collaboration together that we have full permission to display those details.
- Our Legal Responsibility to you
6.1 We do not guarantee any particular results or impact on the success of your business in relation to your joining our Platform as a Reward Partner. We will endeavour to ensure that your business is visible and discoverable at all times in the App and on the Websites, so that our subscriber community can find you and choose to redeem rewards in transactions with you. For the avoidance of doubt we cannot and do not guarantee any particular number of enquiries or reward redemptions. We can however confirm that we are committed to growing the subscriber community over time.
6.2 You are responsible for the information that you input to our Platform in relation to your business and the reward offers that you share on our Platform. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our Platform whether from tort, contract, negligence or otherwise (examples of such loss being: loss of income, profit, business, data, contracts, goodwill, savings, pure economic loss, indirect or consequential loss, costs, damages and expenses).
6.3 We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
6.4 Although we try to make the Platform available 24 hours a day, seven days a week, (except for planned maintenance and required unscheduled maintenance) we do not warrant that your use of the Platform and/or the Platform Software will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.5 We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6.6 We will try to make sure that all data is stored securely and backed-up. If we lose or damage it we will try to restore it, but if it is lost or damaged by a third party, we are not responsible to you unless they cause the loss or damage when working on it for us.
6.7 You agree that any duty of care owed to you by us is a duty owed only to you. We do not owe a duty of care to any third party and assume no responsibility to any third party in respect of the performance of our duties to you. We are not liable for any failure to fulfil any obligations due to circumstances beyond our reasonable control.
6.8 You agree that the limitations on liability contained in this paragraph 7 are reasonable. You also agree that any limitations on liability in this paragraph 7 apply to you and also to any person or company associated with you.
- Computer Offences
7.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Platform will end straightaway. We will report you to the relevant authorities and give them your identity.
7.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You are not allowed to do any of these things.
7.3 You mustn’t try to get access to our server or any connected database or make any ‘attack’ on the Platform. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Platform.
- Confidentiality and Conflicts
8.1 Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that you are a member of our Platform and one of our Reward Partners, as we do not otherwise break our duty of confidentiality to you.
8.2 Your confidentiality obligations are
8.2.1 you will treat all information we give you (other than information which is in the public domain) as confidential.
8.2.2 You will not disclose that confidential information to any other person, unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject
- General Terms
9.1 We are committed to providing a high-quality service and principles of integrity and transparency. If you have any problem or issue, please contact us in the first instance so that we can work with you to resolve it. To maintain this commitment we also operate a formal complaints procedure, a copy of which is available on request by emailing email@example.com. If you have any questions or a complaint about the service provided by us please contact firstname.lastname@example.org to make your complaint.
9.2 We may change these terms from time to time and the latest version will always be available on the Rewards Partner Portal. You must check regularly for changes because they are binding on you.
9.3 You are allowed to make a legal link to our Website homepage from your website in order to advertise the community ecosystem, if the content on your website meets the standards of our Acceptable Use Policy. We can end this permission at any
9.4 You mustn’t suggest any endorsement by us or association with us other than to state that you are signed up as a Rewards Partner within the Active Orbit ecosystem.
9.5 These terms and conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us
9.6 Links from our Platform to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
9.7 Jurisdiction – The English courts have the only right to hear and resolve claims related to our Platform, and all disputes are governed by English law. If any part of these terms is held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
Well done for reading right to the end of these terms and conditions! If you email us email@example.com with the subject title “I’m a legal genius” we will send you a special reward just for you. For any other questions about this document you can use the same email address firstname.lastname@example.org or just use the “Instant Chat” option available on the Portal (Mon-Fri, 9-5pm.) We are really happy to welcome you into the Active Orbit Platform and our community ecosystem. Thank you for joining us.
Last updated: September 2020