Toolbar Terms of Service

Toolbar Licence Agreement

Nectar Toolbar is provisionally certified as a Trusted Download Program by TRUSTe signifying that the Nectar Toolbar application has been tested by TRUSTe for compliance with TRUSTe's TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding the Nectar Toolbar application, please contact us at Aimia Coalition Loyalty UK Ltd, 6th Floor, 80 Strand, London, WC2R 0NN or by email at helpline@nectar.com or by phone at 0344 811 0811. If you are not satisfied with our response you can contact TRUSTe here.

Please read these terms carefully before downloading the Nectar Toolbar ("Toolbar"). These terms apply to all uses of this Toolbar and by using this Toolbar you agree that you have read and accept these terms as well as our privacy policy which can be reviewed at here. If you do not agree to any of these terms, then you must not download or use the Toolbar and must uninstall the Toolbar from your computer.

The Toolbar is made available to you by Aimia Coalition Loyalty UK Ltd ("Aimia", "us", "we" or "our") who operate the Nectar programme. Aimia is a company registered in England (company number 4224736). Our registered office is at 6th Floor, 80 Strand, London, WC2R 0NN. Our VAT registration number is GB877164291. If you wish to contact us for any reason, you can do so using the contact details provided at the bottom of these terms.

These terms are also available at http://www.nectar.com/about-nectar/legal/toolbar-eula.points. Please print and save a copy for your records.

Licence

Subject to your agreement to and continuing compliance with this licence agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Toolbar subject to your compliance with the terms of this licence agreement.

Software description

The Nectar Toolbar is an application that sits on your internet browser and allows you to collect Nectar points when searching the web (1 point per 2 valid searches). It is powered by Yahoo! so it's free, safe and easy to use. The Toolbar also reminds you what websites you can collect Nectar points on, making it easier than ever to collect points on your online purchases.

To activate the Nectar Toolbar and be able to collect points with it you will need to enter your Nectar Card Number.

Information we collect

We collect information about the Toolbar's functionality that you access and use, for example, your IP address, your search request, and some cookie data. This allows the Toolbar to function appropriately and helps us identify those areas of the Toolbar that are of interest to our customers so that we can refine and continuously improve the Toolbar. We also store data such as login details to prevent you having to re-enter your login details every time you use the Toolbar.

We will log the number of searches you make in order that we can award you Nectar points, and we may also temporarily retain terms that you search for to validate your searches to ensure you are eligible to receive Nectar points.

Advertisement types and frequency

  1. Once the Nectar Toolbar is installed, provided you have selected the recommended settings, you will see two types of advertisements (the shopping reminders): a Nectar icon next to search results of participating retailers on Yahoo search results pages - to remind you where you could collect points on your purchases when you are searching the internet.
  2. A drop down bar when you first land on a website of a participating retailer - to remind you can collect Nectar points there when making a purchase, and help you do this quicker.

The frequency with which you will see these advertisements will depend on

  1. how often you search using the toolbar, the types of things you are searching for and how often have participating retailers offering those products/services in the search results; and
  2. how often you go to websites of participating retailers.

No adult advertisements are presented by the Nectar Toolbar.

Your use of the Toolbar

This Toolbar is made available for use in connection with your participation in Nectar. You may not use such access or content to generate income of any kind. Any other use of this Toolbar and/or materials on this Toolbar without our prior written permission is prohibited. In particular, you may not use any data or information made available on or by this Toolbar in connection with any business or commercial undertaking (whether or not for profit).

You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Toolbar for any reason. You may not modify the Toolbar in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar. You understand that the Toolbar is licensed and not sold, and the Toolbar and all rights not expressly granted herein are reserved by us.

Age restrictions

You should only install the Toolbar if you are eighteen (18) or over.

Availability and security of the Toolbar

We do not promise full and error free operation of this Toolbar at all times.

While we try to maintain the security of the Toolbar we do not guarantee that the Toolbar or the servers or networks used to make the Toolbar available will be secure.

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Intellectual property

The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in this Toolbar is owned by us and/or our respective licensors.

Our liability to you

We do not make any representations, warranties or terms of any kind in respect of this Toolbar or its contents other than those required by law. All information and/or data included in and/or on this Toolbar is made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. We expressly exclude, to the fullest extent permitted by law, all liability of Aimia Coalition Loyalty UK Ltd and its group companies, its directors, employees or other representatives, howsoever arising, for any loss suffered as a result of your use of this Toolbar.

Other websites

This Toolbar may include links to websites and/or services owned and/or operated by participating companies and/or third parties. These are provided for your convenience and we are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services and are not responsible for or liable in relation to the content or your use of such websites (other than to the extent required by law).

Toolbar updates

We may, from time to time, update the Nectar Toolbar. We may, in our sole discretion, make basic or minor updates or upgrades to the Toolbar (including versions that you have already installed) at any time without notice; however, you are responsible for ensuring that you are using the most current version of the Toolbar. Notice of material changes to the Nectar Toolbar will be provided via a Browser App notification, and you will be given the opportunity to upgrade provided your browser provides such Browser App notifications. We shall have no responsibility or liability for the use of the Nectar Toolbar other than the most recently available.

Please note that if you do not update your copy of the Toolbar once a newer version becomes available to you, it may occur that you will no longer be able to use your copy of Nectar Toolbar, in whole or in part, that is until you install the newer version of it.

Please remember that, by default, your browser may be set to authorise automatic browser extension / add on updates, which may include our Browser Extension. If you wish to disable any or all such updates, please refer to the help section of your browser.

Uninstalling Nectar Toolbar

To uninstall the Toolbar from your system please follow web browser specific instructions which can be found here.

Once the Toolbar is uninstalled, no tracking assists such as cookies, files or registry keys remain active in the user's operating system or accessible by 3rd party for tracking purposes.

Waiver and severance

Any failure or delay by us in exercising any right or remedy under these terms will not constitute a waiver of that right or remedy and we may still enforce that right or remedy at a later time.

If any provision of these terms is held to be invalid or unenforceable by any court or authority of competent jurisdiction, that provision shall be severed from the remainder of the terms which will remain in full force and effect.

Assignment

You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these terms to any third party.

Your use of the Toolbar and these terms are personal to you and are agreed to by you for your own benefit and not for the benefit of any other person. You may not assign or otherwise transfer these terms to any other person without our prior written permission, which we will not unreasonably withhold.

Variations to these terms

As part of the constant evolution of the Toolbar, we may amend these terms or the way in which we provide the Toolbar at any time.

When we make any such changes, we shall take reasonable steps to make you aware of them by, for example, providing notice to you through the Toolbar. If you do not agree to the amended terms, then you must cease use the Toolbar.

Termination and Enforcement

You acknowledge that, in addition to any rights that we have, any breach of these terms will entitle us to terminate your use of the Toolbar immediately and without notice.

We reserve the right to change, suspend, cease or terminate the Toolbar (or any part of it) at any time if we consider this necessary for legal, business or operational reasons.

Entire Agreement

These terms (including the Nectar Privacy Policy) constitute the whole agreement between you and us relating to the Toolbar and supersede any prior written or oral promises of any nature that may have been made about the Toolbar. Neither you nor we have entered into these terms in reliance on any prior representation or statement (whether made innocently or negligently) that is not set out in these terms.

Governing Law

These terms will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms.

These terms (and the Nectar Privacy Policy) are made available in the following languages: English.

Contacting us

If you have any queries or complaints concerning the Toolbar, you can contact us using the address at the top of these terms of use or here.

Aimia Coalition Loyalty UK Ltd