Updated February 11, 2023
Updated December 1, 2023
By opting in (registering, entering, or joining), you agree to the Localight Consumer Terms of Service.
These Terms of Service apply to the consumer users of Localight® services; separate terms apply for merchant partners seeking to engage with consumers through the Localight platform (the “Platform”). This platform offers consumers the opportunity to earn rewards that can be exchanged for products and services at participating merchants. Consumers can activate rewards and offers with the Localight app, and connect their bank account, Visa,American Express, or Mastercard, and earn offers when they pay with their cardor the Localight app wallet. Your use of Localight.com (the “Site”) and associated mobile rewards wallet application (the “App”) as well as services offered through the Site or the App, including without limitation, the rewards program described below (“Services”) are subject to your compliance with these Terms of Service (“Terms”). The Services are provided by Localight Inc.(“Localight,” “we,” “us,” “our”), a Public Benefit Corporation.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY FORM A BINDING AGREEMENT BETWEEN YOU AND LOCALIGHT ACCEPTED BY YOU WHEN YOU USE ANY OFOUR SERVICES. OUR SERVICES ARE INTENDED FOR INDIVIDUAL RESIDENTS OF THE UNITED STATES WHO ARE 18 OR OLDER. THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
Below follow some definitions helpful to reading these Terms:
1. Rewards Program.
a. Who is Eligible to Participate. Individual US residents 18 or older with an active Localight Account in good standing are eligible to participate in Localight’s Rewards Program for consumers, which provides the opportunity to take advantage of available Rewards. Creating a Localight Account is free; create an account at Localight.com (Merchant) or in the App (Consumer).
b. How to Earn Rewards. Earn Rewards that can be exchanged for goods and services, including Points, Offers, LocalCash and Promos. Points can be earned with or without purchase and have no spend value until they are converted to LocalCash within the App. Points can be earned by actions such as a “check-in” based on App geo-location, scanning a unique QR code, entering a voucher code in the App, or clicking a link to accept Points that are offered. Points can be earned at locations and merchants that may not be participating directly in the Program, but Points cannot be spent or redeemed at non-participating locations and merchants. Points must be converted to LocalCash within the Localight app before being spent, redeemed, or used as tender for purchases at participating merchants. LocalCash can be earned with purchase, or by converting Points to LocalCash. LocalCash can also accrue in your Localight Wallet by making purchases through the App with payment methods, or with an eligible Visa, Mastercard or AMEX Credit Card that is linked to an offer and at merchants within the Localight Network. Review the specific terms of each Offer. The value of Points and LocalCash may be reversed if a qualifying purchase is returned/cancelled. Individual merchants control all terms and conditions relating to their products and services, including rights to a return and/or seek a refund (if any). All returns (if available) must be made through the merchant. Localight is not responsible for any returns, and all questions about services rendered, purchases or returns should be directed to the merchant.
c. Point Value and LocalCash. LocalCash balance is recorded in your Localight Account within the App. LocalCash is spending power solely within the Localight Network. A user must accumulate Rewards in an amount equal to at least $20 in LocalCash before redemption is possible (spending LocalCash). LocalCash can only be redeemed in $20 minimum increments. All LocalCash redemptions must occur using the Site or App. Points are not actual cash (money) and cannot be redeemed or exchanged for actual cash except in the limited Localight Account closing described in Section 1(g) below. Points cannot be transferred to another user. See additional limits on use of Points in Section 1(f) below.
d. Offers. Localight users will have access to Offers from individual merchants through the App. Not all Offers include Reward earning opportunities. Some merchants may extend additional discounts and other benefits at their own discretion, which are honored by the merchant and not Localight. The terms of each Offer can be viewed in the App on each merchant’s profile. A user acknowledges the terms of an Offer by activating the Offer in the App, tapping “activate”, “got it”, “Fave”, or other confirmation that the terms have been reviewed. A special “Loyalty Levels” opt-in is a series of Offers based on repeat purchases, where the user is shown the next available Reward in a Loyalty Offer series as a push notification and in-app notification at time of a purchase, the Reward applying to the subsequent purchase. The user acknowledges the terms of a Loyalty Levels Offer series when they favorite “FAVE” the merchant by tapping any heart and viewing the terms. A user must allow App notifications in order for a Loyalty Offer series to remain active.
e. Offers with Points. Where an Offer includes Points, Points are earned according to the Offer terms. Offers with Points may have special qualifiers or limitations. For example, a merchant may offer a certain number of Points for spending a threshold amount with the merchant before the Offer expires. That Offer may have different Points values depending on payment method, category of merchant, or special terms set by the merchant. Any such qualifiers and limitations will be described in the Offer terms.
f. Expiration of Points (Use ‘Em or Lose ‘Em) and Other Limitations. ALL EARNED POINTS (AND THE ABILITY TO USE THEM AS LOCALCASH) EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE 6 MONTHS AFTER THEY POST TO A USER’S LOCALIGHT ACCOUNT, SO POINTS SHOULD BE CONVERTED TO LOCALCASH AND SPENT WITHIN 6 MONTHS OF BEING EARNED TO AVOID THEIR EXPIRATION. We may, but are not obligated to, give Localight Program participants notice that unused Points a reset to expire at any given time. Account holders are responsible to monitor their account usage. We reserve the right to change the Program, including, without limitation, Rewards at any time without notice, including imposition of new Point expiration dates, conversion value, qualifiers or limitations.
USERS WHO DO NOT EARN POINTS OR MAKE A PURCHASE THROUGH THE APP WITHIN 12 MONTHS, OR WHO VIOLATE THESE TERMS, COULD HAVE THEIR LOCALIGHT ACCOUNT DEACTIVATED AND WILL LOSE ANY REWARDS IN THE ACCOUNT WITHOUT CREDIT, PAYMENT, OR OTHER VALUE. EXPIRED OR UNUSED REWARDS AND LOCALCASH IN A DEACTIVATED ACCOUNT ARE FORFEIT. An inactive user can simply earn new Rewards or make a new purchase through the App to reactivate their account. We may but are not obligated, to give Localight Program participants notice that inactivity will result in deactivation of their Localight Account. Account holders are responsible to monitor their account usage. After 12 months a grace period of one month may be offered to a user, but Localight is not obligated to offer this. Following this 13th month of inactivity, we may but are not obligated to provide an additional grace period to an inactive user, where any LocalCash balance will be reduced by 1/5 (20%) every month for 5 months, until the balance is zero at 18 months and the inactive account is closed.
LOCALIGHT ACCOUNTS AND POINTS THEREIN ARE NOT TRANSFERABLE TO ANOTHER PERSON OR TO A PERSON’S ESTATE OR REPRESENTATIVE (IN THE EVENT OF DEATH OR DISABILITY). POINTS MAY NOT BE REDEEMED FOR ACTUAL CASH FROM THE LOCALIGHT PROGRAM EXCEPT AS PROVIDED BELOW.
g. Participant Closure of Localight Account. Prior to expiration of Points or LocalCash, or deactivation of a Localight Account as provided above, account holders may request to terminate their account and “cash out” (meaning exchange Points for actual cash) any then available, unexpired, unforfeit Points or LocalCash at the then-current cash out value (which may change from time to time) less a 25% administrative fee deducted by Localight from the overall cash out amount. The cash out value will be available at the time of the request, and the method to transmit the amount payable to the requesting user shall also be available at the time of the request. The account will then be terminated. A user cannot reopen a new account using the same or different contact information for a period of 6 months. Localight reserves the right to suspend or change this cash out option at any time without prior notice.
h. Localight Program Changes, Cancellation, or Account Closure. The Localight Program, including available Rewards, may be cancelled, suspended or changed by Localight at any time, and we may elect to close your Localight Account and end your registration at our sole discretion. We may change or suspend the Rewards and how the amount of LocalCash is calculated from Points at any time on a going-forward basis, and we may terminate features of the Localight Program on a going-forward basis. We reserve the right to cancel the Localight Account of a specific user at our discretion with or without cause. If Localight suspends or terminates the Localight Program, notice will be provided on Localight.com of the program’s successor site, if any. If we choose to close your Localight Account, you will be given notice at the latest email address you have provided to us and Points in your account (as well as the ability to use them as LocalCash or cash them out under Section 1(g) above) will be forfeited. Upon Localight Program cancellation, notwithstanding your ability to redeem your Points within the time allowed, your right to use the Services to accrue future Points ends immediately. Points earned in the Localight Program are not valid in, and may not be used in combination with, any other third-party program without express consent of Localight Inc.
i. Corrections. Localight makes efforts to correctly display Rewards information, and reserves the right to correct any error in pricing or other details shown through the Services, provided that Localight does not represent that all errors will be corrected.
j. Availability. Not all products or services from a merchant or Offers are available to users in every location where Localight operates; many Offers will be limited by geography and availability from the local independent merchants making the Offers. Offer redemption may also be dependent on available supply at a particular merchant, over which Localight has no control.
k. Monitoring Program Participation. We currently use Fidel and the Payment Card Networks (Visa, Mastercard, and American Express) to monitor card transactions for your participation in Visa U.S.A., Mastercard U.S.A. and AMEX U.S.A. programs. By agreeing to the Localight Terms of Service (TOS) you authorize Fidel and the Payment Card Networks to monitor the transactions made with your registered eligible payment cards at participating Localight merchants to confirm qualified transactions. The data collected from Fidel includes your registered card identifier, merchant location, transaction date/time and amount. Localight does not store credit or debit card information and relies on secure tokens protect customer payment information.
‣ Transaction Eligibility. You acknowledge that Visa, Mastercard and AMEX, may be unable to monitor every transaction made with your enrolled Visa, Mastercard, AMEX credit or debit card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard or AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., Mastercard U.S.A. and AMEX U.S.A. payment system, and that these transactions are not eligible. Eligible debit card transactions should be authorized via signature, and not authorized with PIN, in order to be monitored for eligible offers.
‣ Eligible Card. Not all Visa, Mastercard and AMEX cards are eligible for this Program. Without limitation, Visa Buxx, Flexible Spending Account (FSA) Visa, Mastercard and AMEX cards, EBT Visa cards and other Visa, Mastercard and AMEX - branded cards whose transactions are not processed through the Visa U.S.A., Mastercard U.S.A. and AMEX U.S.A. payment system are not eligible to participate.
‣ Participating Merchant Partners. Merchants that are part of the Localight network as determined by Localight are indicated as establishments where rewards can be redeemed or spent (i.e. “spend LocalCash”).Participating merchants are sometimes referred to as “Spotlight Merchants”. To see a listing of current Participating Merchant Partners by region, visit the App. Additional opportunities to earn Localight rewards may be available at locations that are not Participating Merchant Partners. Non-participating merchants are sometimes referred to as “Highlight Merchants”. Localight shall have the sole and exclusive right to add or remove merchants from time to time.
‣ Transaction Monitoring. By registering an eligible payment card in connection with transaction monitoring, you authorize Localight to share your payment card information with Visa, Mastercard and AMEX (Payment Networks) so Localight knows you enrolled. You authorize Mastercard, Visa and AMEX to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details with Localight to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your registered card(s).
2. Payments through the App.
There is no access fee to individual consumers to use the Services Localight provides. Merchants and charities are subject to separate terms or agreements with Localight to be able to participate in the Localight network. These Terms have no effect on and do not modify any separate terms between Localight and participating merchants and charities. You may pay merchants and charities through the App using one of the then-current payment methods available for that purpose as notified to you through the App, which may be updated from time to time. You may also pay with an eligible Visa, Mastercard, or AMEX card that has been registered with Localight. Payment options may include third party payment platforms or programs that require you to separately enroll for an account through that platform or financial institution, as you may elect. The terms below also apply to some of the available payment methods:
‣ In specific scenarios (meaning with select Offers only), you may also pay merchants through the App directly from a bank account controlled by you via an ACH transfer of funds from that account to the merchant via the App. The minimum ACH load amounts, if any, will be described when you engage in such a transaction and may be updated from time to time. By initiating an ACH transaction, you represent you control the bank account to be used to fund the transaction, have sufficient funds to cover the requested amount, and authorize Localight to initiate one or more debit entries to the selected bank account for the amounts you requested for purposes of paying a merchant. If the ACH transfer is declined or any reason, or if there are insufficient funds, Localight reserves the right to charge the transaction account to your credit card as a backup payment method and/or to go ahead and pay for the transaction from Points or LocalCash you have accumulated at Localight’s discretion. You will be notified with specific Offers if a backup payment method is required to redeem the offer. Certain requests to pay using ACH funds may be subject to a waiting period, meaning the payment will not process and points or LocalCash will not be credited until the ACH funds have been transferred out of the funding bank account to avoid there being fees for insufficient funds assessed.
‣ If you use a third party payment platform available through the App, use of their services is subject to their separate terms notified to you by them.
Localight acts as a mobile rewards wallet and has assembled third party funding options for users of the App – in the App for users’ convenience – to be able to pay merchants and charities through the App and enjoy Rewards while doing so. However, Localight has no control over the third party funding options themselves. Questions about your selected payment method should be directed to the third party offering the method, such as the Bank or your credit card issuer.
3. Access Rights to Localight’s Services. Subject to these Terms, Localight grants users of the Services a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Services, including to download, install, and use the App on a mobile device controlled by you, for lawful purposes. The Services are limited to use solely for an individual’s personal or merchant’s own non-commercial use. The Services do not provide legal, financial, health-related or other professional advice.
4. Access Restrictions. Users of the Services are not permitted to: (a) copy the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or content available through the Services; (c ) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code underlying the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (e) remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services. Users of the Services do not acquire any ownership interest or intellectual property rights in or to the Services under these Terms, or any other rights thereto other than to use the Services subject to all of these Terms. Localight and its licensors and service providers reserve and retain all right, title, and interest in and to the Services, including all intellectual property rights therein.
6. Updates. Localight may from time-to-time in our sole discretion develop and provide software updates to the Localight Platform, the Site and/or App, which may include upgrades, bug fixes, security patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. If using the App, based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree that all Updates will be deemed part of the Services and be subject to all of these Terms.
7. Third-Party Materials. The Services may display, include, or make available third-party content (including available merchant services, products, and other materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Localight is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Localight does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Localight makes no representation that such Third-Party Materials are appropriate or available for use in any particular location. Nor does Localight provide any warranty for goods or services a user acquires from a merchant in our network.
8. Suspension. We may suspend, interrupt, terminate or limit any or all functionalities of the Services without prior notice. An individual user may optionally suspend or cease using the Services in his/her discretion. Suspension of the Services will not affect any prior offer you redeemed through the App or any payments your initiated through the App prior to the suspension.
9. Termination. These Terms will apply to you, regardless what type of user you may be, for so long as you access or use the Services or retain any copies of the App on your mobile device, whichever is longer. Localight may terminate the agreement formed under these Terms at any time without notice and concurrently make all access to the Services inaccessible. Your rights to use the Services under Section 3 of these Terms will terminate immediately and automatically without any notice requirement if you violate any portion of these Terms. Upon such termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Services and delete all copies of the App from your mobile device. Termination of your rights to access the Services will not limit any of our rights or remedies at law or in equity. Sections 1(f), 1(g), 1(h), 1(i), 2, 4, 5, 7, 9, 10, 11, 12, and 13 shall survive expiration or termination of these Terms and closure of a user’s Localight Account.
10. DISCLAIMER OF WARRANTIES.
LOCALIGHT, AND ITS NETWORK OF PARTNERS INCLUDING PAYMENTNETWORK PARTNERS (VISA, MASTERCARD, AMEX), ARE NOT THE MERCHANT PROVIDING GOODS AND SERVICES VIA OFFERS IN THE APP AND MAKE NO REPRESENTATION ABOUT WHAT YOU PURCHASE THROUGH THE INDEPENDENT, THIRD-PARTY MERCHANT WHEN YOU REDEEM AN OFFER, SPEND LOCALCASH, OR OTHERWISE MAKE ANY PURCHASE FROM A MERCHANT.
THE SERVICES OFFERED BY LOCALIGHT ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LOCALIGHT FOR ITSELF AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TOLOCALIGHT’S SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
LOCALIGHT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BECOMPATIBLE, OR WORK WITH ANY PARTICULAR SMARTPHONE OR OTHER DEVICE OR OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOCALIGHT, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS INCLUDING OUR CARD PAYMENT NETWORK PARTNERS (VISA, MASTERCARD AND AMEX), HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOURUSE OF OR INABILITY TO USE THE SERVICES FOR: (a) PERSONAL INJURY,PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OFDATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LOCALIGHT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Indemnification. You agree to defend, indemnify, and hold harmless Localight, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners including our Payment Network Partners (Visa, Mastercard, AMEX), from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.
13. Additional Terms:
a. Export Regulation. The Services are intended for use in the United States and may be subject to United States export control laws if you seek to use them outside of the United States. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
b. Severability. If any provision of these Terms is illegal, invalid or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from these Terms and the remaining provisions will continue in full force and effect.
c. Governing Law. These Terms and your use of the Services is governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice or conflict of law provision or rule.
d. Arbitration; Fees. Any controversy or claim arising out of or relating to these Terms or the Services shall be settled by arbitration in Los Angeles County, California, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. For the avoidance of doubt, the foregoing arbitration provision does not apply to any action taken by Localight to enforce its intellectual property rights or to seek injunctive relief. If Localight is the prevailing party in any arbitration proceeding or lawsuit against or involving you, then you shall pay Localight’s reasonable attorneys' fees, costs and expenses incurred in such arbitration proceeding or lawsuit. Arbitration proceedings are confidential unless all parties agree otherwise in writing.
e. Waiver of Class Action. Neither you nor Localight shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall only have the authority to resolve individual disputes between you and Localight.
f. Electronic Communications. You hereby agree to the use of electronic communications in order to enter into the agreement formed by accepting these Terms, to create other records and to the electronic delivery of notices between you and Localight with respect to the Services and these Terms, including but not limited to, via the App or over email.
h. Waiver & Amendment. No failure to exercise, and no delay in exercising, on the part of Localight, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right under these Terms. Localight may amend and update these Terms in the future and any such amendment will be effective upon the earliest of Localight’s posting of the updated agreement on or through the Services, or Localight’s providing notice of the update to you otherwise. Your access or use of the Services after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.
i. Suggestions. With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to Localight, whether using the Services, or otherwise, regarding the Services, you agree that: you have the right to provide the Feedback to Localight; Localight has no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and Localight has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.
j. Contact Information. Inquiries to Localight with respect to these Terms should be directed to firstname.lastname@example.org.
Updated September 28, 2023
1.1 Localight offers an online promotional service connecting consumers and network organizations("the Service"). “Localight” is a trade name of Localight Inc., a company registered in the United States of America with the registered office at 1355 Loma Ave, #305, Long Beach, CA 90804, United States.
1.2 By subscribing to Services you agree to be bound by the terms of service set out below. If you do not agree to be bound by these terms of service hereunder, do not use or access this Platform. You must read and accept all of the terms and terms of service herein before you may use or access the Platform in any way.
1.3 These terms of service constitute the entire terms of service upon which Localight provides the Service and upon which the Organization agrees to contract for the use of the Service except where specifically varied by written agreement by Localight on its order acknowledgement. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms of service and you agree to be bound by the new terms of service after the implementation date for the revised terms of service.
In this Agreement:
“Agreement” means these terms of service together with the Organization’s Registration.
“Organization“ means the company, firm, person, persons, corporation or public authority who uses the Service.
“the Service” means the provision of online promotional services provided by Localight where applicable (together or individually known as “Work”).
“You / Your” means anyone who uses this Platform.
“the Contract Price” means the price for the Service set out in the Platform.
“the Platform” means the Localight website (portal) operating under the domain name of https://localight.com and applications (apps) published by Localight Inc.
“Localight Dashboard” means the initial web services offered by Localight including access to business intelligence reporting and communication options as described in the packages on the website.
“Order” means the Organization's instruction to Localight to proceed with the Service.
“Order Confirmation” means the email acceptance sent by Localight following receipt of the Organization’s Order.
“Mobile Rewards Wallet” means an app with connectivity to bank accounts, debit and credit card accounts for the withdrawal of funds, use of funds as tender, and depositing of funds electronically, where fiat points are accumulated by the user through transactions, converted to a digital currency when conditions are met, and used as tender to receive products or services.
“the Service Commencement Date" shall be the date the Service is available as described in the Platform.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Merchant ID” (or MID) means an alphanumeric identifier provided by the acquirer uniquely identifying the merchant or Organization on their system.
“Localight's Organization Service Policy” means the open policy allowing Organization to contact Localight by telephone at 562-704-6550 or email at email@example.com in order to seek further advice or assistance on an adhoc as and when available basis.
“App Users” means individuals who use the Localight App, or have linked a bank account, debit or credit or card to the Platform.
“Qualifying Transactions” means card transactions made via the Organization's payment terminal by registered Localight consumers using cards they have linked to their accounts through the Platform.
“Sub Processor” means a company (often a third party) appointed by a Localight to handle transactions from various channels such as credit cards and debit cards for merchant acquiring transaction details.
“Website Content” means the photographic data and other information created and uploaded by the Merchant.
2. Service provision
2.1 The Localight Service offers the opportunity to be part of an innovative Mobile Rewards Wallet program designed to reward customers for spending with businesses and incentivize them to spend more money at independent businesses (the Service).
2.2 Localight will use all reasonable endeavours to provide the Service as described in the Platform.
2.3 Localight may at any time amend the Service for any reason including, but not limited to, technical, legal, business, or public benefit mission reasons.
2.4 Localight encourages any interested or potential Organization to make contact with Localight if a more complex or comprehensive service is required. We are contactable at firstname.lastname@example.org or by telephone 562-704-6550.
2.5 The minimum contract duration is 30 days.
2.6 Localight will communicate with the Organization by email, SMS message, or app notifications.
2.7 The Organization agrees to 3rd party financial technology partners, Plaid and Orum.
By agreeing to these terms, you authorize Localight to debit your bank account via ACH. You authorize, if necessary, adjustments for any debit entries made in error to your account. This authority will remain in effect until your Localight account has been terminated or you update your payment preferences or we are notified by you in writing to cancel it in such time as to afford Localight commercially reasonable opportunity to act on it. You represent and warrant that LINKED BANK ACCOUNT details referenced herein belong to you and you have the authority to provide Localight with this authorization to credit or debit your account.
3. Proprietary Rights
3.1 All Intellectual Property Rights in the materials on this Platform (as well as the organization and layout of this Platform) together with the underlying software code are owned by, licensed or authorized to Localight, it’s assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Platform is owned by Localight or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms of service transfers to you any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms of service. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Platform or the underlying software code whether in whole or in part. However, the contents of this Platform may be downloaded, printed or copied for your personal non-commercial use.
4. Basis of Use of the Platform
4.1 You agree to the following:
4.1.1 that you are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that you will only view the Information on the Platform for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained in the Platform (“the Information”) at any time.
4.1.4 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that you shall not use the Platform or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.6 that you shall not run any tools on the Platform that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
4.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Platform shall remain vested in Localight at all times;
4.1.8 that you will indemnify and keep indemnified Localight against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Platform or breach of your obligations under this agreement.
4.1.9 that a payment processing fee is applied to all transactions prior the deposit of funds for purchases to the Merchant's bank account.
4.1.10 that additional marketing fees are applied for Offers and other Localight promotions that are redeemed by customers through the Localight Site or App.
5. Organization Obligations
5.1 No Agreement in respect of any Services shall exist between us (the Service) and you (authorized representative of the Organization) until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these funds will be fully refunded.
5.2 Order must be submitted electronically via the Platform. To do so, you will be required to follow the online subscription process. When doing so, you will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By subscribing, you hereby warrant that all information and Website Content submitted by you is true, current and complete. Localight reserves the right to verify the eligibility of all subscribers or Organizations and suspend or remove them from the Platform for any reason.
5.4 The Organization is responsible for the quality of the Website Content of their presentation of the Localight program, advertising or offers and must ensure the content is not misleading, harmful or offensive. Content must also be socially responsible and prepared in line with the principles of fair competition. The Organization is responsible for ensuring the content of their Website or advertisement is in-line with guidelines and requirements by the Federal Trade Commission, Bureau of Consumer Protection, and State regulations within the Organization’s region.
5.5 The Organization is responsible for fulfilling their legislative obligations with regards to offering consumers their consumer rights such as fair return and refund policies.
5.6 The Organization is responsible for providing a compatible browser to allow access to Localight Services.
5.7 The Organization will be responsible for obtaining and holding all consents, licences, permits and other similar instruments applicable to material it supplies to Localight for incorporation into the Work, including without limitation copyrights, trademarks, logos, patents and all such similar instruments.
5.8 The Organization warrants and represents to Localight that any element of text, graphics, photos, designs, trademarks or other material supplied to Localight for inclusion in the Work are owned by the Organization, or that the Organization has permission from the rightful owner to use each of these elements and that Localight use of such material shall not infringe the intellectual property rights of any third party.
5.9 Without prejudice to its rights in terms of Clause 9 hereof, Localight is entitled to suspend or terminate the Organization's use of the Service if the Organization fails to comply with any of its obligations under clauses 4, 5 or 6 herein.
5.10 The Organization agrees to provide Localight with all necessary information required as stated in the Platform.
5.11 Localight may terminate provision of the Service immediately if the Organization becomes insolvent or put into liquidation or otherwise ceases to carry on business.
5.12 The Organization is responsible for revision of content including checking of grammar and spelling mistakes or content incorrectly worded or phased.
5.13 The Merchant is responsible for gaining permission to use Intellectual Property not owned by the Organization. Localight takes no responsibility for such undertakings.
5.14 In the event of the Organization ordering directly from 3rd parties, Localight is not responsible for renewing services.
5.15 Localight owns all business listings within the Platform, aside from intellectual property owned by the Organization, and the Organization has no right to ownership of a listing at any point during or post contract.
5.16 The Organization will register the business with Google and allow suitable access to Google My Business.
5.17 Due to the nature of the Service, no refund is required by Localight or entitled to by the Organization.
6.1 Should the Organization require a change in the nature, scope or timing of the Service or in or any other aspect of this Agreement, such change shall be requested in writing.
7.1 Localight shall be entitled to suspend the Service in accordance with clause 5.11.
7.2 Without prejudice to any other rights to which it may be entitled, Localight may terminate provision or use of the Service respectively with immediate effect if the Organization commits any material breach of any of the terms of the Agreement and the breach remains un-remedied after thirty days of the Organization being notified by Localight of the breach and of Localight intention to terminate unless the breach is remedied.
7.3 Localight may terminate provision of the Service immediately if the Organization becomes insolvent or put into liquidation or otherwise ceases to carry on business.
7.4 Localight will not tolerate Organization's being rude or offensive or otherwise abusing Localight's Service in any way and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Localight's discretion).
7.5 Localight reserves the right to terminate if the Organization fails to adhere to Federal Trade Commission and Bureau of Consumer Protection’s guidelines and requirements.
7.6 Localight will accommodate Organization requests to suspend services for a maximum of 14 days only, (at the discretion of Localight).
7.7 Where the Organization has contracted for our Services directly from Localight, we will automatically continue to supply services on a monthly basis unless otherwise instructed by you the Merchant.
7.8 If the Organization fails to pay for Services, Localight reserves the right to terminate services, unless fees are otherwise waived through partnership agreements.
7.9 The contract is 30 days in duration, to terminate the Organization should give Localight 30 days notice to terminate the Service by emailing us at email@example.com.
7.10 With regard to the Website Content after cancellation of Services please note:
7.10.1 all Organization data will be destroyed after 6 months from cancellation.
8. Warranty given by Localight Inc.
8.1 Localight undertakes to use reasonable skill and care in providing the Service as described on the Platform.
9. Disclaimer and Limitation of Liability
9.1 The Organization uses the Service at its own risk and in no event shall Localight be liable to the Organization for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Localight negligence) including, but not limited to, loss of profits, loss of contracts, change in Organization's business circumstances, business interruptions, loss of or corruption of data or the Organization's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
9.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Localight becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Localight's negligence) or otherwise, will not exceed the total charges paid by the Organization in the one month preceding such liability arising.
9.3 The Organization must make every effort to secure their Organization’s name and Passwords, and should not under any circumstance disclose their Organization’s name and Password details to a 3rd party or by an email request. Localight, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Platform or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
9.4 It is the Organization’s responsibility to maintain an up to date Browser, firewall or anti-virus and anti-spyware software. The Organization must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software provider.
9.5 Localight cannot guarantee 100% uptime and endeavour’s to provide Services as described on the Platform.
9.6 Localight is not responsible for the Organization making sales from their place of business or from their website or for failure to do so.
9.7 Localight is not responsible for third party mistakes or external delays and will not accept delay in payment for the Service from the Organization as a result of such circumstances.
9.8 The Organization is responsible for meeting deadlines with regards to posting content and launching Offers or Upsells.
10. Force Majeure
10.1 Localight shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
10.1.1 act of god, explosion, flood, tornado, hurricane, fire, accident, weather, theft, war, strike, riot, epidemic or pandemic.
10.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of 3rd party against agreed commitments including postal delivery services and local delivery services.
11. Statutory Information
This Platform is owned and operated by:
registered address at
1355 Loma Ave #305, Long Beach, CA, 90804, United States
13.1 Localight shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Merchant may not assign or transfer any of your rights or obligations without our written consent.
13.1 These terms of service contain all the terms of your agreement with us relating to your use of this Platform and of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Platform, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with United States laws and you agree to submit to the non-exclusive jurisdiction of the United States of America.
13.2 Failure or delay by Localight in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
13.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
13.4 Contact Information. Inquiries to Localight with respect to these Organization Terms of Service should be directed to firstname.lastname@example.org.
Updated December 1, 2023
Localight Inc. knows that you care about how your personal information is used and shared, and we take your privacy seriously. Our primary goal is to provide you with exceptional service, and we understand that you may have questions or concerns regarding your personal information and how it will be used. You may email us at email@example.com with any privacy-related questions you have.
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been aggregated and/or anonymized so that it does not identify a specific user.
Please note that this policy applies only to the Localight Platform and not to the websites of other organizations to which we may provide links. We are not responsible for the privacy policies or practices of such third-party sites and you should make your own enquiries in respect of them.
Purpose of Localight Platform and Mobile Apps
The Localight Platform and Mobile Apps provide the client with an opportunity to register to earn LocalCash™ Rewards or other Offers by linking an eligible Credit or Debit Card to a promotion and spending money at participating businesses. LocalCash™ are rewards that are deposited in the Localight Wallet within the app that can be redeemed within the Localight network of businesses. Registered customers can then convert their Rewards Points balances into redeemed rewards from independent businesses as defined on the Platform and in the Terms and Conditions.
Opt-in and Communication Consent
By opting in (registering, entering, or joining), you consent to receive promotional and marketing messages from Localight. This includes SMS texts and email messages. Standard message and data rates may apply. Frequency of messages varies. To opt out of text messages, reply STOP. For assistance, reply HELP. To opt out of emails, simply select “unsubscribe” or reply with a request to unsubscribe.
By registering an eligible payment card in connection with transaction monitoring, you authorise Localight to share your payment card information with Visa, Mastercard and AMEX (Payment Networks) so it knows you are enrolled. You authorise Mastercard, Amex and Visa to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details with Localight to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).
Transaction Data Usage
- Use transaction data such as transaction amount, transaction time and merchant location to confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for rewards
- Share transaction data with the participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred. For example, the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction;
- Provide participating merchants or Third Party Service Providers aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants and Third Party Service Providers to assess the results of their campaign;
- Create a record of the transaction data and thereafter maintain and use data in connection with operating the Program;
- Provide information in order to respond to a request from government authority or a payment organisation involved in a transaction with you or a merchant.
- You authorise the sharing, exchange and use of transaction data described above and herein by and among Company and Company’s Third Party Service Providers, applicable Payment Card Networks and applicable Merchants.
Other Information Collected
When you visit our website, your IP address (the unique address which identifies your computer on the internet) will automatically be logged by our web server. We may automatically collect non-personal information about you such as the type of internet browsers you may use or the site from which you linked to our website. You cannot be identified from this information and it is only used to assist us in providing an effective service.
When you download and open our mobile application we may automatically collect non-personal information such as the type of mobile device used and its operating system version.
If you register, we will request and store information such as your name, mobile phone number, email address, post code and credit/debit card details. We store some identifying information temporarily and delete it after identity verification. We follow strict PCI compliance with third parties and do not actively store payment information in our Platform. This information is protected through third party PCI compliance partners, and only accessed when you initiate transactions. We will track your Qualifying Transactions so that we can monitor usage and identify rewards on offers only, all data collected is anonymised.
If you enable location services access to our mobile application we will track your location periodically so that we can monitor your movements and provide Rewards Points for qualifying journeys and independent business locations.
How is the information used?
We will use your personal information to maintain a secure user profile and to let you know about other goods and services in which you may be interested. We will also use the information we collect to track and monitor the usage of our Platform and help us understand the patterns of site visitors and App Users. This will help us operate the Platform more effectively, identify what sort of information is of interest to our users and assist us in business processes such as record keeping and mobile notifications. We also anonymise the data and use the information to help understand trends and spend patterns.
If you register, we may also use your personal information for the following purposes:
To record your spend at any of the businesses that are registered with the Service;
To communicate with you by SMS message, App notifications, email, browser notifications and potentially other marketing channels that we will add from time to time;
To help control access to restricted member areas of the Platform.
Will my personal information be provided to third parties?
We do not sell your personal information to third parties. We may be required to share your personal information with third parties but only in the circumstances set out below.
- We may supply your personal information to third parties (such as our internet service providers) who help us administer our Platform. These third parties must at all times provide the same levels of security for your personal information as Localight and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Localight. Other third parties whom we may share your personal information with are:
Our hosting administrators who are based in the United States of America;
Registered businesses that are part of the Service;
- Your data may be shared with other third parties securely in order to render Services. Other elected third-party companies who will fulfil additional services including payment services, analytics, location tracking services, to help understand trends and spend patterns and to support delivery of the service.
- We may also supply your personal information to government bodies and law enforcement agencies but only: if we are required to do so by the requirements of any applicable law; if in our good faith judgement, such action is reasonably necessary to comply with legal process; to respond to any legal claims or actions; or to protect the rights of Localight, its customers and the public.
Will I be sent information that I did not ask for?
We will use your personal information to keep you informed about our services through SMS messages, mobile notifications, an email based newsletter and information about new Service developments and benefits. Also, where appropriate email communications are relevant to content on the Platform or to keep you informed of relevant changes to the service, this may also include planned outages and operational changes to the Platform. If you wish not to receive such communications, unsubscribe to the weekly newsletter displayed at the end of the email or unsubscribe from their settings in the webpage. If you have any queries regarding this issue please contact us at the address below or e-mail us at firstname.lastname@example.org.
Chat, forums, profiles and User Generated Content
You will have an option to register through Facebook and other identity providers. If you register and use the services, please note that Facebook and similar services have their own privacy policies which you should be aware of before disclosing your personal data. Users are reminded that chat, forums and areas of our services that allow you to submit content or set up a profile are for public viewing and discussion, but no records of transactions or user activity are included in these public facing pages. Any personal information supplied by users here is widely accessible. Localight is not responsible for the content posted of these services posted by users.
What security will exist?
We are committed to protecting the privacy of your personal data. We use appropriate standards of technology and operational security to protect personal information including Secure Cloud Hosting (based in the United States) and a network firewall connection. Operationally, access to personal information is restricted to authorised personnel who are under a duty to maintain the confidentiality and security of such information. These personnel do not have access to payment information from your bank account, credit or debit cards.
Credit/debit card information is tokenized. We as the loyalty provider do not hold the card details. Card details are stored on the servers of a PCI compliance third party provider and are not accessible by us, in a similar manner to the Apple Pay concept.
Internet and Data Storage
Personal information submitted by means of the Internet may be vulnerable to unauthorised access by third parties. Submission of personal information using the Internet is at your own risk. We will take reasonable and appropriate technical measures to ensure that your personal information is stored in a secure manner. However, we shall have no liability for disclosure of data due to errors in transmission or the fraudulent, negligent or other illegal acts of a third party, such as ‘hacking’. Any transmission of personal information on or through the use of our Platform is at your own risk.
How can I access or remove my personal information?
You can review and update your personal information in your account settings at any time by logging in to your account. You may request that your personal information be removed from the Platform by using the contact details at the end of this policy.
What if there is an error in my personal information you hold?
The accuracy of your information is important to us and we are always working on ways to make it easier for you to review and correct the information that we hold about you.
In the meantime, if you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us using the contact details described at the end of this policy.
How long do you keep my personal information for?
We will keep your information only for as long as it is relevant and useful for the purpose for which it was originally collected.
Please note that if your account appears to have not been used for 18 months, we may try and contact you to check whether it is still in use and/or we may delete it.
Can I withdraw my consent for you using my personal information?