Brand Terms of Use

1. Brands in general

  • Brands are listed in Lolly by Brands, Users and/or Businesses.
  • Brands can be created by any User but can only be accessed and managed by Admins.
  • Only Users who are authorised by their employer and/or Lolly to act as Admin for a Brand can register and use Lolly as an Admin for a Brand.
  • Brands are individual brand names, product names or service names.
  • Brand Profiles are created on a per Market basis.
  • Brands agree for Users to be classified as Customers of a Brand where applicable.
  • Brands grant the Operator a transferable and royalty-free right to use any Media or Content for online and off-line advertising of Lolly and/or the Operator.
  • All purchase and sale agreements between Users and Businesses and/or Brands, whether resulting from Lolly or not, are solely between Businesses and/or Brands, acting as sellers, and Users, acting as buyers.
  • Brands agree that Promotions are shown on the Businesses’ profiles on Lolly to attract Customers, if the Brand has Promotions running.

2. Users act as Admins for a Brand

  • Brands do not have separate logins or signups to Lolly.
  • All access to Brands is managed with Users’ personal login details, ensuring that every action taken by an Admin on behalf of a Brand can be traced back to the User personally.
  • Only registered Users can act as an Admin for a Brand.
  • Users can act as Admin for multiple Brands.
  • Brands can have multiple authorised Admins.
  • Users may elect or be prompted to register as an Admin for a Brand to enable features on Lolly.
  • Registration and usage are free for any User acting as an Admin for a Brand.
  • Users acting as an Admin for a Brand, whether as an employee, an agent or a consultant are subject to the Terms of Use in addition to the Brand Terms of Use set out herein.

3. Authorisation

  • Users request Admin status for Brands on Lolly and must confirm their authorisation by completing the follow steps and requests for information:
    • Confirmation of acceptance to these Brand Terms of Use; and
    • Confirmation of the User’s name; and
    • Confirmation of the User’s relationship with the Brand (employee, agent, consultant, etc.); and
    • Confirmation of the User’s title; and
    • Confirmation of the User’s authorised spending limited; and
    • Confirmation of a declaration of authorisation with fraud warnings.
  • If a Brand already has multiple Admins the Admins can set up additional verification and confirmation for new Admins for the Brand, including individual verification.
  • Admins can via Lolly invite additional pre-approved Admins to the Brand.
  • Admins confirm they will request their own removal from a Brand if the User loses the authorisation from the Brand, either by change of responsibility, request from the Brand or by loss of contract or employment.
  • Existing Admins can approve or deny access to new Users seeking authorisation to act as Admin for a Brand.
  • Admins can contact Lolly to request verification of their status with the Brand and authorisation as Admin for the Brand in writing. If verified, the Admin will be a “Super Admin”. The Operator reserves the right to charge an administrative fee for such verification.
  • Super Admins can remove Admins.

4. Brands without Admins

  • Brands listed in Lolly have been created by Users.
  • Brands can choose not to have any employees, agents or consultants manage the Brand on Lolly.
  • Brands receive 10,000 Lolly.cash Points (worth $100) per Market free when created on Lolly.
  • The Operator will use the Lolly.cash Points credit for payment for Relationships to ensure the Brand available to Customers on Lolly.
  • Lolly will not reveal to Customers if Brands and their Customers on Lolly been left unattended due to no Admin having registered.
  • Lolly and Operator staff and/or consultants will monitor Brands without Admins on Lolly for any misuse on a purely basic and voluntary basis and without accepting any liability for the actions of Users and Customers.
  • Registration as Admin is free.

5. Free Actions

  • Subject to authorisation by their employer, Admins can act on behalf of a Brand on Lolly to:
    • add or manage the Brand profile itself;
    • add or remove Points-of-Sale;
    • add or remove Tags to the Brand profile;
    • add or remove Brand Tags to the Brand profile;
    • add or remove Media to the Brand profile;
    • add or remove Contact to the Brand profile;
    • add or remove Content to the Brand profile (collectively “Free Actions”).
  • Admins warrant that, and accept full responsibility that:
    • all such information will not be libellous, profane or untrue;
    • all submitted information, images and videos are either owned by the Brand, or that the Brand has the right of use.
  • The Operators reserves the right to reward the Brand and/or the Admin with Lolly.cash Points for Free Actions.

6. Paid Actions

  • Subject to authorisation by their employer, Admins can act on behalf of a Brand on Lolly to:
    • create, start, pause and/or stop Promotions;
    • add or remove Onboarding (collectively “Paid Actions”);
    • create, buy and/or manage Communities on Lolly;
    • create, start, pause and/or stop Promotions for Communities;
    • create, start, pause and/or stop Relationships through sponsorship for Communities.
  • All Paid Actions are booked by Lolly by Admins using Purchase Orders.
  • Admins warrant that, and accept full responsibility that:
    • all such information will not be libellous, profane or untrue;
    • all submitted information, images and videos are either owned by the Brand, or that the Brand has the right of use.
  • The Operators reserves the right to reward the Brand and/or the Admin with Lolly.cash Points for Free Actions.

7. Promotions

Relationships

  • “Relationships” are a direct opt-in favouriting of a Brand by Customers, either directly or via membership of Communities.
  • Relationships establish a direct relationship for the Brand with Customers – and for Customers with the Brand.
  • Customers’ personal data are not disclosed to the Brand and are GDPR compliant.
  • Relationships affect Customers’ personalised experience on Lolly in search results, search suggestions and enable Customer Mobile Notifications.
  • Relationships cost $0.10 (ten United States cents) or 10 Lolly.cash points per Customer.

Interactions

  • “Interactions” are marketing interactions between Customers and Brand Clients or Merchants. Interactions include Shopfronts, Calls-to-action and Customer Mobile Notifications.
  • “Shopfronts” are a form of pre-roll advertising when Customers find Brand, Merchants or Communities offering the product, service or brand tag they are searching:
    • Video
      • Portrait or landscape format
      • Uploaded to Lolly or linked from the Brand Client’s or Merchant’s YouTube or Vimeo channel
    • Image or photo
      • Portrait or landscape format
    • PDF document (e.g. product catalogue, service coupon, flyer)
      • Portrait or landscape format
      • Uploaded to Lolly or linked from the Brand’s or Merchant’s website
  • “Calls-to-action” Are calls-to-action for Users and Customers presented by Brands:
    • Calls-to-action options include coupons, events, sharing calls-to-action and establishing a Relationship.
    • Up to three calls-to-action for Users can be connected to Shopfronts.
    • One call-to-action is for Relationships, allowing Customers to establish or cancel their Relationships with Brands.
    • Calls-to-action can also be connected to Communities.
  • “Customer Mobile Notifications” are mobile notification direct to the Customers of Brands or Communities linked to Brands:
    • Customer Mobile Notifications can only be sent to Customers with a Relationship with the Brand.
    • Customer Mobile Notifications are sent to the Customers’ mobile phone like any other notification.
    • Customer Mobile Notifications include the Brand’s logo and text.
    • Clicking the notification directs Customers to the Brand’s Shopfront and Calls-to-action.
    • Customer Mobile Notifications are by default limited to two mobile notifications per User per 24 hours across all Brands or Merchants. Customer Mobile Notifications are therefore only sent to Users who have not yet received two Customer Mobile Notifications.
    • Customer Mobile Notifications pricing includes viewing the Shopfront landing page.
  • Customers’ personal data are not disclosed to the Brand and are GDPR compliant.
  • Interactions provide a direct “last mile marketing” opportunity for the Brand to affect Customers’ shopping decision.
  • Interactions affect Customers’ personalised experience on Lolly in search results, search suggestions and Merchant information and presentation.
  • Interactions cost $0.10 (ten United States cents) or 10 Lolly.cash Points per Customer.

8. Onboarding

  • “Onboarding” is setting up Brands for active Brand Client Profile management and Brand Marketing Services.
  • Onboarding is an optional service offered by the Operator for Brands.
  • Optional Basic Onboarding service costs $100 per Brand per Market and includes:
    • Establishment of Brand on Lolly
    • Creation of all suitable product, service and brand tags for the Brand, list to be provided Brand
    • Listing of all Merchants of the Brand in the Market, list to be provided Brand
    • Adding of all product, service and brand tags to all Merchants of the Brand
    • Adding of any approved assets (texts, logos, images, Shopfronts, Calls-to-action, etc.
  • Optional Premium Onboarding service costs $500 per Brand per Market and includes:
    • All Basic Onboarding services listed above; plus
    • Life-time free Relationships for Customers introduced to Lolly by the Brand
    • Life-time free Customer Mobile Notifications for Customers introduced to Lolly by the Brand
    • Life-time free Data Intelligence for Customers introduced to Lolly by the Brand
    • $500 credit for Interactions (5,000 Interactions at $0.10/interaction)

9. Billing

  • “Purchase Orders” are purchase orders made by Brands on Lolly.
  • Purchase Orders can be made by a Brand for:
    • Interactions
    • Relationships
    • Onboarding
    • Communities
  • Purchase orders can be made by Admins subject to their authorisation level only.
  • Purchase Orders are delivered by the Operator until the Purchase Order has been fulfilled.
  • The Operator reports on Purchase Orders on Lolly.
  • The Operator will invoice monthly for the delivered part of Purchase Orders in arrears per Brand. For the avoidance of doubt, any Promotions or Campaigns or parts therefore ordered but not yet delivered will be carried forward and invoiced when delivered only.
  • Payment Terms for all invoices are 30 days from invoice date.
  • Lolly.cash Points held by the Brand are used for settlement or partial settlement of invoices automatically on the date of invoice issuance.

10. Lolly.cash Points

  • The Operator rewards Brands and/or Admins for the use of Lolly and specific features, including but not limited to Free Actions and Paid Actions, with Lolly.cash Points.
  • Any Lolly.cash Points owned by the Brand can be used by Admins.
  • Any Paid Actions will always be first paid for by any available Lolly.cash Points credit held by the Brand.
  • Users cannot transfer their Lolly.cash Points to Brands, even if they are employees, consultants and/or agent and/or the Users act as Admins for Brands.

11. Additional terms

  • These Brand Terms of Use incorporate:
    • Definitions;
    • Privacy Policy;
    • Site Rules;
    • DMCA Notice;
    • Lolly Cookie Policy.
  • The Operator accepts no responsibility for the information on Lolly being correct.
  • The Operator accepts no liability for any damages that may be caused by the use of Lolly or its contents or by data or files sent and received howsoever arising. Users are themselves responsible for checking all data sent or received via the Internet for viruses and malware, including web addresses provided.
  • The Operator is not a party to any contract between the buyer and seller. The Operator accepts no responsibility for checking that Businesses exist or able to provide the Tags or Brands listed. The Operator has no responsibility and no liability for any direct or indirect problems arising in connection with the provision of Tags or Brands.
  • The Operator reserves the right to temporarily or permanently suspend or cancel any account, including Brands, in the event of wrongdoing. Users whose accounts have been suspended or cancelled can no longer access Lolly.
  • The Operator reserves the right to temporarily or permanently suspend or cancel any Brands, in the event of wrongdoing or non-payment. Brands whose accounts have been suspended or cancelled can no longer run any Promotions on Lolly.
  • These Brand Terms of Use are construed under the laws of England and Wales and the parties agreed to the sole jurisdiction of London, England.
  • Any action by you against the Operator must be brought in your individual capacity and may not be brought as a class action or any form of collective action.
  • You agree to defend, indemnify and hold the Operator, its parents, subsidiaries, affiliates, and their respective officers and employees, harmless from and against any claim, demand or damage including legal fees asserted by any third-party due to or arising out of:
    • any violation of applicable laws, regulations or these Brands Terms of Use by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission;
    • the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission;
    • any negligent acts, errors or omissions by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission;
    • any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Brands Terms of Use, except to the extent that such liabilities arise from the gross negligence or wilful misconduct of;
    • any and all claims for infringement of any intellectual property rights arising from the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission.
  • If any provision in these Brand Terms of Use is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Brand Terms of Use and rendered ineffective as far as possible without modifying the remaining provisions of the Brand Terms of Use and shall not in any way affect any other circumstances of or the validity or enforcement of the Brand Terms of Use.
  • The Operator reserves the right to amend these Brand Terms of Use at any time. The latest Brand Terms of Use are available in Lolly.
  • Admins and Brands agree to the latest Brand Terms of Use by using Lolly after the date of any amendment of these Brand Terms of Use.
This document was last updated 21 October 2019