These User Terms are important so please read them carefully.
They apply to your activities on this website at Spinhood [www.spinhood.com] [and Spinhood mobile application] (together the "Platform").
Part 1 will always apply when you use the Platform but other Parts of these User Terms only apply when you do certain things on the Platform, like depositing money to use in the "Spin" or generating voucher(s) for use with Partner Restaurants.
You should only use the Platform and the Services if you agree with these User Terms.
When you click to accept the User Terms, you will be legally bound by these User Terms. We recommend that you print a copy for your records.
We may change these terms from time to time so you should check back regularly to see if anything has changed, but we will also notify you of any significant changes either on the Platform or by email. Changes in these terms could be needed just to reflect technical updates concerning the www.spinhood.com or the Platform, changes in law, to meet regulatory requirements or to reflect new industry guidance and codes of practice. Changes will become effective from the next time that you access your Account.
In these User Terms the following capitalised terms shall have the following meaning: "Partner Offering" means the goods and/or services supplied and/or provided by the Partner Restaurant (subject to any limits or restrictions the Partner Restaurant may apply from time to time).
"Partner Restaurant" means any of the independent restaurants within Spinhood's designated network of merchant partners in relation to which the Vouchers can be redeemed, as notified by Spinhood on the Platform. The number of Partner Restaurants within Spinhood's designated network is limited, and may change from time to time. Spinhood will keep the Platform updated.
"Services" means the services we provide on the Platform, as described further in Part 1.
"Significant changes (in terms)" means any updates to these terms that could cause
(Credit) to "Spin" means the following:
the credit available to Spin the wheel. The Spin can be played for the minimun amount of £5 and the maximum amount of £50.
The possible spin outcomes will show up according to these probabilities.
|× 10||500 on 1 million|
|× 5||2,000 on 1 million|
|× 2||37,500 on 1 million|
|× 1.5||70,000 on 1 million|
|× 1.25||220,000 on 1 million|
|× 1||670,000 on 1 million|
The credit won with the Spin will add up to the credit to “Spend”.
(credit) to "Spend" means the following:
the credit that can then be applied to generate a Voucher and that may only be redeemed at our Partner Restaurants. This credit cannot be used to spin the wheel.
"Voucher" means an instrument in electronic form which entitles the holder of such voucher ("Voucher Holder") to receive the Partner Offering from the Partner Restaurant during the period of time stated on the Voucher.
PART 1 GENERAL
Who we are, what we do and contacting us
- We are Spinhood Ltd., company number 10027105 and with registered address: Taxassist Accountants, Southwark Bridge Road, London, England, SE1 0AS ("Spinhood").
Spinhood is an online platform where you can create an Account which allows you to:
- deposit money which can be used to play Spin;
- play Spin which enables you to generate additional credit and never reduce it.
- apply the credit generated by the spin (above), to generate Vouchers which can be redeemed in Partner Restaurants only.
- If you have any questions about anything in these User Terms, about our Services, or if you wish to make a complaint, then just contact us at firstname.lastname@example.org . If you have any technical issues with the Platform, please contact email@example.com.
- You must register an account with Spinhood to use the Services available on the Platform ("Account"). You must be at least 18 (eighteen) years to register an Account with us. The Platform is intended for use only in the United Kingdom.
- You agree to keep your information accurate, complete and current. You must ensure that Your username and password are kept secure and confidential. You are responsible for any activity on your account. It is your sole responsibility to monitor and control access to and use of your Account.
- You are only permitted to have one account per email address for use of the Service.
Your rights and restrictions
- The Platform is for your own personal and non-commercial use only.
- When using the Platform and your Account, you agree not to:
- attempt to undermine the security or integrity of the Platform, Spinhood 's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. Spinhood will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;
- use, or misuse, the Services in any way which may impair the functionality of the Services or Platform, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Platform;
- attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- transmit, or input into the Service or Platform, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use); and
- create links to the Platform unless Spinhood gives you prior written consent;
- attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
- impersonate any other person while using the Platform;
- conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform; or
- use the Platform for any unlawful purpose.
- If you use any communication tools available through the Platform (such as any forum, chat room or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law. You must not use any such communication tool for posting or disseminating any material unrelated to the Platform or for advertising or marketing purposes.
- When you make any communication on the Platform, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. Spinhood is under no obligation to ensure that the communications on the Platform are legitimate or that they are related only to the use of the Services.
- You can terminate these User Terms at any time. If you do so, you will no longer be able to access your Account or the information held in your Account.
- You may have other rights granted by law, and these User Terms do not affect these except if the two are inconsistent. If this is the case then these User Terms will override any other rights which you may have, unless this is not permitted by law.
- You confirm that you are the legitimate owner of the money which you have deposited into your Account.
- Spinhood may use generic, anonymised, aggregated information about your use of the Platform and Services in order to improve its Services and the Platform. We will never use any information in a way that identifies you individually.
- Other than as set out in these User Terms and other than for warranties that are implied by law, the Platform is provided on an "as is" and "as available" basis.
- Spinhood does its best to ensure that the information accessed through the Platform is accurate and up to date but cannot guarantee that this will always be the case.
- Spinhood aims to make the Platform available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as the internet.
- Spinhood follows industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Platform or the device that you use to access the Platform, but we cannot guarantee that the application will be totally free from viruses and malware.
- Spinhood does not guarantee that the Platform will be compatible with all hardware and software that you may use.
- The Platform may contain links to third party web sites or programs that are not controlled by Spinhood. Spinhood is not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites including those of Partner Restaurants are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
Spinhood's rights and obligations
- Spinhood may:
- change, modify, amend or remove some or all of the functionality or content on the Platform at any time just to reflect technical updates, changes in law, to meet regulatory requirements or to reflect new industry guidance and codes of practice;
- may suspend access to your Account or terminate your Account at any time if under any suspect of serious misconduct by the consumer or any abuse of these T&Cs.
- Spinhood reserves the right to remove any communication or any material held within the Platform at any time in its sole discretion.
- Spinhood reserves the right to use your details, including email address/mobile number, provided to keep you informed about our future products, services, events etc.
- You agree that Spinhood is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Platform, Services or other products or services.
- Spinhood and/or our licensors are the owners of the Platform, which includes (but without limitation) any software, applications and domains made available through it.
- All intellectual property rights in the Platform, and the content (except the personal information of you and other users contained your and their accounts), video, audio, graphics, logos, icons and service names which appear on the Platform belong, or are licensed, to us or the Partner Restaurants. You do not have any rights to such intellectual property except as expressly set out in these User Terms.
- These User Terms do not exclude or limit our liability (if any) for:
- death or personal injury caused by Spinhood's negligence;
- fraudulent misrepresentation; or
- any matter which it would be illegal for us to exclude or attempt to exclude our liability.
- Spinhood is only liable to you for losses which you suffer as a direct result of our breach of these User Terms and which are reasonably foreseeable. Spinhood is not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity).
- Spinhood is not responsible for the performance of the Partner Restaurants and is not liable to you for their failures or for any effects or consequences of the services you receive from them.
- Spinhood may:
Cancellation and refund
- If you are a consumer (i.e. not buying the Services in the course of your business, trade or profession), then you may cancel this agreement without giving any reason by informing Spinhood in writing that you wish to cancel within 14 days from the day you set up your Account or made your Deposit.
- To exercise your right of cancellation, you must send an email to Spinhood at firstname.lastname@example.org. In the email copy and fill out the Cancellation Form you can find at the end of these User Terms. If you use this option, Spinhood will acknowledge receipt of such a cancellation by email without delay. Your notice needs to reach Spinhood before the cancellation period expires. You should keep proof of postage.
- Spinhood will make any full reimbursement of your Deposit that has not been used within the cancellation period referred to above using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
- If you used the deposit to play the Spin and within 14 days you want to exercise the right to be refunded, the amount given you back won’t include neither any free amount received as promotion, nor the increase (prize) generated by spinning the lucky-wheel. This amount will also be reduced for any service provided by Spinhood. This service provided consists in spinning the lucky-wheel and having the chance to increase the starting credit. This service costs 15% of the played amount plus any and all VAT due in respect of the Commission Rate.
PART 2 SPIN
- In order to play the Spin, funds must be deposited into your Account by debit/credit card, Paypal, Apple Pay ("Deposit"), or you must have otherwise been awarded free credit through promocodes or any promotional activity. You have to enter your chosen payment method and details when you agree to deposit funds. By completing your payment details, you confirm that the method of payment being used belongs to you. All payments are subject to the approval of the financial institution issuing your credit/debit card and credit verification or the provider of e-money or an e-wallet, and Spinhood will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. Spinhood may also report any suspicious transactions to the relevant authorities. Spinhood may reject any deposit without giving any reason.
- You are only permitted to spin the wheel with up to the amount equal to your Deposit (credit to Spin"). The minimum credit to spin the wheel is £5.
- You agree that your Deposit can only be used to spin the wheel and generate credit (credit "to Spend"). The amount of credit “to Spin” available in your Account will be reduced by the amount used to Spin.
- We agree that credit "to Spend" will always be generated from participating in Spin and such credit to spend will always be nominally equal to or more than the credit used to participate in Spin.
- Only the credit generated from participating in Spin can be used to redeem Voucher(s) for use in a Partner Restaurant subject to the voucher terms and conditions. Once you have spent credit to generate a Voucher, the amount of credit “to spend” available in your Account will be reduced by the amount used to generate the Voucher
- The credit "to Spin" cannot be redeemed as cash or used to generate a Voucher.
- The credit "to Spend" cannot be redeemed as cash or used to spin the wheel.
- You will be able to find out the available amount of credit "to Spin" and credit "to Spend" when you login to your Account.
PART 3 VOUCHERS
Spinhood Limited - VOUCHER Terms and Conditions
"Consumer" means a consumer in the possession of a valid Voucher.
"Terms and Conditions" means these terms and conditions.
"Spinhood" has the meaning given in the User Terms
- These Terms and Conditions apply to the legal relationship between the Consumer and Spinhood with regard to the Voucher.
- The Consumer accepts the applicability of these Terms and Conditions by buying, receiving, using and/or holding a Voucher.
- The legal relationship between the Consumer and a Partner Restaurant shall be governed by the terms and conditions of such Partner Restaurant. Spinhood shall not be liable towards the Consumer for any incurred damages by the Consumer for any default (failure/underperformance) of a Partner Restaurant.
- Vouchers can be used to pay for food and drinks at Partner Restaurants only during the period set out on the platform.
- The Consumer will not earn interest on the value of a Voucher.
How to use Vouchers
- Vouchers may only be used at once. If the Consumer attempts to use the Voucher for a transaction that exceeds the value of the Voucher, then the shortfall must be paid in cash or by other means acceptable to the Partner Restaurant.
- Vouchers may only be used for payment for food and drinks at a Partner Restaurant. Vouchers cannot be used for tips.
- Vouchers do not bear interest and are not redeemable for cash.
- Vouchers can only be used for one transaction at a Partner Restaurants.
- Spinhood accepts no liability if Vouchers are lost, stolen, damaged, or used in an unauthorised manner. In such circumstances Spinhood will not reimburse the amount on the Voucher in any form whatsoever or replace it.
Limitation of liability
- Without prejudice to clause (b), Spinhood's maximum aggregate liability in respect of Vouchers (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed their face value.
- Nothing in these terms and conditions shall exclude or in any way limit:
- liability for death or personal injury caused by its own negligence;
- liability for fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded by law.
Governing law, Alternative Dispute Resolution (ADR) and Jurisdiction
- These Voucher Terms and Conditions, Vouchers and any dispute or claim arising out of or in connection with these Terms and Conditions and/or Vouchers (including any dispute or claim relating to non-contractual obligations), shall attempt to be resolved through negotiations between parties, who have authority to settle the same.
- If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
- If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure shall be governed by, and construed in accordance with, the laws of England. The English courts shall have exclusive jurisdiction in respect of any disputes.
PART 4 Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and in that case you will have a penalty-free right of exit if object to an assignment.
- You need our consent to transfer your rights to someone else.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 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 respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Cancellation Notice for Spinhood's Services
To Spinhood Limited, [Taxassist Accountants, Southwark Bridge Road, London, England, SE1 0AS],
I hereby give notice that I cancel my contract for the supply of the following service, ordered
on [INSERT DATE],
Name of consumer [INSERT YOUR NAME]
Address of consumer [INSERT YOUR ADDRESS]
Date [INSERT DATE OF SENDING]