Terms and Conditions

Who we are and who these terms and conditions apply to

Welcome to BzzAgent!

BzzAgent is operated by dunnhumby USA, LLC (dunnhumby, we, us or our). dunnhumby is part of a larger group of companies so when we say “group” we mean our joint venture partner dunnhumby Limited, its subsidiaries and other joint venture companies.

These Terms & Conditions govern our relationship with members of BzzAgent and other users of our sites. By "sites" we mean the BzzAgent website and any BzzAgent applications. Please take time to understand these Terms & Conditions as your continued use of our sites indicates your acceptance of these Terms & Conditions as they may be amended by us (see “changes to our terms and conditions”).

Privacy

Personal information (e.g. your name, address, email address) that you share with us under BzzAgent is subject to our Privacy & Cookies Policy, the terms of which form part of these Terms & Conditions. Please review our Privacy & Cookies Policy to understand our practices as your continued use of our sites indicates that you accept the Privacy & Cookies Policy whether as a visitor to our site or as a member of BzzAgent.

You should be aware that any personal information you submit as a contribution to BzzAgent in a forum viewed by others may become publically available. We are not responsible for the personal information that you choose to include in such submitted content.

Sharing your contributions & other content

In addition to the personal information, you may share other information in connection with BzzAgent.

By submitting ideas, suggestions or comments ("contributions") to BzzAgent via our sites or other sites that you choose to link to your BzzAgent account or that can be viewed by the public, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality (express or implied) with respect to your contributions; (c) we and our clients can use or disclose (or choose not to use or disclose) your contributions for any purpose, in any way, in any media worldwide; and (d) you are not entitled to any compensation or reimbursement of any kind from us or any of our clients under any circumstances.

By posting contributions to our sites or on third party sites that you choose to link to your BzzAgent account or that can be viewed by the public, you represent that you own or have the right to use all of the content and information you post. Although you will continue to own your contributions, when you publish contributions to our sites or these third party sites, you agree not to use it for commercial purposes and you are allowing us and our clients to access and use that information. For content that is covered by intellectual property rights (including photos and videos) you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to use this content in connection with BzzAgent and our client’s own marketing communications. For example, our client could create an ad using content that you have placed on our Site.

You, and not us, are entirely responsible for all contributions that you upload, post, email, transmit or otherwise make available via BzzAgent.

We do not have an obligation to review the contributions posted to our sites, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.

Third party websites

Our sites include links to other material or websites which are operated by third parties (such as Facebook, Twitter or our clients) and which we do not control. We are not responsible for the content on these websites or materials or any loss or damage that you suffer by accessing them. We suggest that you take some time to familiarise yourself with the terms and conditions and policies of any third party websites you access from our sites.

Your commitment to other peoples’ rights

We respect other people's rights, and expect you to do the same. We need your help to keep our site safe, which includes the following commitments by you:

  • (a) You will not knowingly interfere with anyone else’s use or enjoyment of the sites or their personal computer equipment.
  • (b) You will not post content that is of a hoax, nuisance, abusive, indecent, obscene, defamatory, menacing, offensive or otherwise illegal nature.
  • (c) You will not post content which infringes or violates the rights (such as the intellectual property rights) of another person or otherwise violates the law.
  • (d) You will not post unauthorised commercial communications on the sites or use (or license others to use) any content posted to the sites (including your own) for any commercial purpose.

Staying safe & secure online

Once you become a member of BzzAgent you will have an account and login details. You are responsible for maintaining the confidentiality of your account details and staying safe online. It is therefore your responsibility to make sure that your passwords and PIN numbers are kept secret and strictly confidential. We cannot be responsible for any loss or damage that you suffer as a result of someone else accessing them until we are notified that such activity is being engaged in without your consent. You agree to immediately notify BzzAgent any unauthorized use of your password or PIN number or any other breach of security you may know about. Furthermore you are responsible for all posts and all other activities conducted under your account.

We recommend that you protect your equipment when you use our sites. We take reasonable measures to keep our sites are free from viruses and defects but we cannot guarantee that use will not result in damage to your hardware, software or any data associated with them.

Intellectual property

Your use of our sites or being a member of BzzAgent does not give you the right to access or download any information we post to our sites which shall remain our and our licensors intellectual property.

Where we state that content is available for download, you may download a single copy for your own personal non-commercial use. This is provided that you keep intact all of the copyright (©) and proprietary notices, do not make any modifications to the content, and do not use the content to associate yourself with us, our group or any products or brands involved in BzzAgent.

These Terms & Conditions do not grant you any licence to use any intellectual property (including our name or logo) of dunnhumby or our group.

Product shipment

We make all attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfilment industry.

Products not intended for resale

Any product, service, coupon or voucher offered by us or any of our clients are not intended for resale. Any violation (as determined solely by us) of this provision by a member may result in removal from the applicable campaign or termination of your membership.

Disclaimers and our liability

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF DUNNHUMBY, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“BZZAGENT ENTITIES”). THE LAWS OF SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED BELOW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND BZZAGENT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITEs OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.

Your responsibility during a claim

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms & Conditions and you will allow us to handle any such claim.

Changes to these terms & conditions

Sometimes we might need to change these Terms & Conditions. If we do, then we will let you know by posting a notice on our sites If you don’t agree with the changes, then please do not visit or use the sites again (see “Use & Eligibility” for how to terminate your participation as a member). By continuing to use our site following changes to the policies you indicate your consent to the modified terms of use.

Changes to BzzAgent

Occasionally we may need to modify, add to or withdraw BzzAgent campaigns, content on our sites, or other aspects of BzzAgent. We reserve the right to do this without any liability to you.

International use


We strive to create a global BzzAgent with consistent standards for everyone, but we are also committed to respecting local laws.

You acknowledge and consent that your personal information may be sent to a location which may not afford the same legal protections to personal information as the country in which you live. We are committed to complying with the relevant data protection laws and work to implement measures designed to protect your personal information when we do so.

To participate in BzzAgent you must be resident in the United States of America or Canada. We make no representation that BzzAgent, any products or other materials available through our sites are appropriate or available for use in other countries. If you do choose to access our sites from other countries, you do so on your own initiative and are responsible for compliance with local laws. Our joint venture partner dunnhumby Limited, its subsidiaries and other joint venture companies operate similar programmes but the sites are operated separately.

US - DMCA Notice

BzzAgent asks our members to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In BzzAgent’s sole discretion, BzzAgent may remove content that a member has posted on our Site that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, BzzAgent has adopted a policy of terminating, in appropriate circumstances and at BzzAgent’s sole discretion, members of BzzAgent who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the member who posted the content so that they may make a counter-notification.

If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via by a member of BzzAgent, then you may send us a written notice that includes all of the following:

  • (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  • (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
  • (iv) your full name, address, telephone number, and e-mail address;
  • (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  • (vii) your electronic or physical signature.

BzzAgent will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

By Mail:

500 Harrison Ave, Suite 3R

Boston, MA 02118

By E-Mail: support@bzzagent.com

By Facsimile: 617-451-9922

It is often difficult to determine if your copyright has been infringed. BzzAgent may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and BzzAgent may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting BzzAgent’s other rights, BzzAgent may, in appropriate circumstances, terminate a repeat infringer’s status as a BzzAgent and any other website owned or operated by BzzAgent.

Eligibility

You must be 18 years of age or older to be a member of BzzAgent in the United States of America or Canada.

We have the right to determine which members are eligible to participate in any of the campaigns (sometimes called “programmes”) we offer. We can also remove a member from a campaign at any time for any reason.

Termination

You may terminate your participation as a member at any time, for any reason, by visiting the “close my account” page. We may terminate you as a member for any reason, at any time.

Our agreement with you under these Terms & Conditions is in full force and effect while you visit the sites and/or are a member of BzzAgent and continues to be so even after your participation ends or is terminated.

Special provisions on activity-based benefits

As a member we may grant you certain privileges and benefits based on your quality and quantity of activity in the campaigns you participate in. For example, members may receive access to special campaign previews, campaign pre-registration, enhanced product and hand-out packages. dunnhumby will determine which, if any, benefits a member is eligible to receive in our sole discretion.

Members can earn points for participating in certain activities. Please follow this link to find out about the rules and restrictions regarding the accumulation, expiration, and redemption of points.

dunnhumby does not warrant or represent that members will earn any specific number of points or that any specific products or services will be available for redemption and reserves the right to cease offering points at any time or otherwise vary the terms on which points are accumulated or redeemed.

dunnhumby makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by members through the redemption of points under any points programme. Only those guarantees, warranties and representations, if any, offered by retailers, manufacturers of merchandise or suppliers of services may be relied upon by members.

Special provisions on surveys & sweepstakes.

Surveys and sweepstakes sponsored by us or our clients may be made available to members on our sites. Visiting our sites or using them as a member is not conditional on your participation in these surveys or sweepstakes. Please see our Privacy & Cookies Policy for information on how we use data collected from these activities. Any sweepstake will be accompanied by its own terms and conditions of entry.

Applicable law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Hamilton County, Ohio in any such legal action or proceeding.

Disputes

You agree that all disputes, actions, and claims relating to your access to or use of the site, services, and all matters arising out of or related to these Terms of Use (except for legal action taken to seek an injunction or other equitable relief related to the Site, services, or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of Ohio, without regard to choice of law principles. You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

In the event of a Dispute, you or BzzAgent must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to BzzAgent at dunnhumby, General Counsel, 444 West Third Street, Cincinnati, Ohio 45202. You and BzzAgent will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or BzzAgent may commence arbitration. You are not required to wait 60 days to file a small claims action.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Hamilton County, Ohio. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BzzAgent will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.

You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.

To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it's permanently barred.

If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Queries

If you have queries about these Terms & Conditions you can contact us by e-mailing us at support@bzzagent.com.