Business Terms of Use

Businesses in general

Businesses are listed in Lolly by Brands, Users and/or Businesses.

Businesses can be created by any User but can only be accessed and managed by Admins.

Only Users who are authorised by their employer and/or Operator to act as Admin for a Business can register and use Lolly as an Admin for a Business.

Businesses are individual online or offline retailers of service providers.

Business Profiles are created on a per Market basis.

Businesses agree for Users to be classified as Customers of a Business where applicable.

Businesses grant the Operator a transferable and royalty-free right to use any Media or Content for online and off-line advertising of Lolly and/or the Operator.

All purchase and sale agreements between Users and Businesses and/or Brands, whether resulting from Lolly or not, are solely between Businesses and/or Brands, acting as sellers, and Users, acting as buyers.

Businesses agree that Promotions are shown on the Business’s profiles on Lolly to attract Customers, if a Brand has Promotions running.

 

Users act as Admins for a Business

Businesses do not have separate logins or signups to Lolly.

All access to Businesses is managed with Users’ personal login details, ensuring that every action taken by an Admin on behalf of a Business can be traced back to the User personally.

Only registered Users can act as an Admin for a Business. 

Users can act as Admin for multiple Businesses.

Businesses can have multiple authorised Admins.

Users may elect or be prompted to register as an Admin for a Business to enable features on Lolly.

Registration and usage are free for any User acting as an Admin for a Business.

Users acting as an Admin for a Business, whether as an employee, an agent or a consultant are subject to the Terms of Use in addition to the Business Terms of Use set out herein.

 

Authorisation

Registration of Users as Admin for a Business is subject to verification and/or authorisation by other Admins for the Business and/or the Operator.

Registration of users as Admin for a Business is subject to a KYC (Know Your Customer) check.

Users requesting Admin status for Businesses on Lolly and must additionally confirm their authorisation by completing the follow steps and requests for information:

• Confirmation of acceptance to these Business Terms of Use
• Confirmation of the User’s name
• Confirmation of the User’s relationship with the Business (employee, agent, consultant, etc.)
• Confirmation of the User’s title
• Confirmation of the User’s authorised spending limited
• Confirmation of a declaration of authorisation with fraud warnings

 

If a Business already has multiple Admins, the Admins can set up additional verification and confirmation for new Admins for the Business, including individual verification.

Admins can via Lolly invite additional pre-approved Admins to the Business.

Admins confirm they will request their own removal from a Business if the User loses the authorisation from the Business, either by change of responsibility, request from the Business or by loss of contract or employment.

Existing Admins can approve or deny access to new Users seeking authorisation to act as Admin for a Business.

 

Businesses without Admins

Businesses listed in Lolly have been created by Users.

Businesses can choose not to have any employees, agents or consultants manage the Business on Lolly.

Lolly will not reveal to Customers if Businesses and their Customers on Lolly been left unattended due to no Admin being registered.

Lolly and Operator staff and/or consultants will attempt to monitor Businesses without Admins on Lolly for any misuse on a basic and voluntary basis and without accepting any liability for the actions of Users and Customers.

Registration as Admin is free.

 

Free Interactions

Subject to authorisation by their employer, Admins can act on behalf of a Business to perform free interactions on Lolly, including but not limited to managing the Business profile, Brands, Tags, Media, Contact and/or Content (collectively “Free Interactions”).

Admins warrant and accept full responsibility that all such information will not be libellous, profane or untrue.

Admins warrant and accept full responsibility that all submitted information, images and videos are either owned by the Business, or that the Business has the right of use.

The Operator reserves the right to reward the Business and/or the Admin for Free Interactions.

 

Paid Interactions

Subject to authorisation by their employer, Admins can act on behalf of a Business to perform paid interactions on Lolly, including but not limited to Onboarding, Subscriptions, managing Promotions and Pages (collectively “Paid Interactions”),

All Paid Interactions are booked by Lolly by Admins using Purchase Orders through our systems or business account managers accessible to Admins.

For the avoidance of doubt, all Paid Interactions are paid for in arrears, after delivery of the service.

Admins warrant and accept full responsibility that all such information will not be libellous, profane or untrue.

Admins warrant and accept full responsibility that all submitted information, images and videos are either owned by the Business, or that the Business has the right of use.

The Operator reserves the right to reward the Business and/or the Admin for Paid Interactions.

 

Subscriptions

“Subscriptions” are a direct opt-in favouriting of a Business by Customers, either directly or via membership of Pages.

Customers create a Subscription relationship with the Business by pressing the heart icon.

Subscriptions establish a direct relationship for the Business with Customers – and for Customers with the Business. This relationship is not only with the Business profile but within search, search engines, in advertising, by enabling mobile notifications from Business to Customer, and on the Customer’s personal newsfeed.

Customers’ personal data are not disclosed to the Business and are GDPR compliant.

 

Business onboarding

“Onboarding” is an optional service offered by the Operator where the Operator sets up the Business for active Business Profile management and Paid Interactions.

 

Billing

“Purchase Orders” are purchase orders made by Businesses on Lolly for Interactions, Subscriptions and Onboarding.

Purchase orders can be made by Admins subject to their authorisation level only.

Purchase Orders are delivered by the Operator as proforma invoices until the Purchase Order has been fulfilled.

The Operator will invoice the Business every 14 days for the delivered part of Purchase Orders in arrears.

Each invoice will include the ability to automatically reduce the payable amount by using Lolly Advance tokens. Th Operator will then issue the Business a credit note for the savings after receipt of payment, subject to payment being made within 7 days.

For the avoidance of doubt, any Purchase Orders or parts therefore ordered but not yet delivered will be carried forward and invoiced when delivered only.

 

Additional terms

These Business Terms of Use incorporate:

• Definitions
• Privacy Policy
• Site Rules
• DMCA Notice
• Lolly Cookie Policy

 

The Operator accepts no responsibility for the information on Lolly being correct.

The Operator accepts no liability for any damages that may be caused by the use of Lolly or its contents or by data or files sent and received howsoever arising. Users are themselves responsible for checking all data sent or received via the Internet for viruses and malware, including web addresses provided.

The Operator is not a party to any contract between the buyer and seller. The Operator accepts no responsibility for checking that Businesses exist or able to provide the Tags or Brands listed. The Operator has no responsibility and no liability for any direct or indirect problems arising in connection with the provision of Tags or Brands.

The Operator reserves the right to temporarily or permanently suspend or cancel any account, including Businesses, in the event of wrongdoing. Users whose accounts have been suspended or cancelled can no longer access Lolly.

The Operator reserves the right to temporarily or permanently suspend or cancel any Businesses or Admins, in the event of wrongdoing or non-payment. Businesses or Admins whose accounts have been suspended or cancelled can no longer run any Promotions on Lolly.

These Business Terms of Use are construed under the laws of England and Wales and the parties agreed to the sole jurisdiction of London, England.

You and the Operator agree that the English language version of these Business Terms of Use shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any

Any action by Businesses against the Operator must be brought in the Business’s individual capacity and may not be brought as a class action or any form of collective action.

Businesses agree to defend, indemnify, and hold the Operator, its parents, subsidiaries, affiliates, and their respective officers and employees, harmless from and against any claim, demand or damage including legal fees asserted by any third-party due to or arising out of:

• any violation of applicable laws, regulations or these Business Terms of Use by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• any negligent acts, errors or omissions by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Brands Terms of Use, except to the extent that such liabilities arise from the gross negligence or wilful misconduct of
• any and all claims for infringement of any intellectual property rights arising from the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission

 

If any provision in these Business Terms of Use is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Business Terms of Use and rendered ineffective as far as possible without modifying the remaining provisions of the Business Terms of Use and shall not in any way affect any other circumstances of or the validity or enforcement of the Business Terms of Use.

The Operator reserves the right to amend these Business Terms of Use at any time. The latest Business Terms of Use are available in Lolly.

Admins and Businesses agree to the latest Business Terms of Use by using Lolly after the date of any amendment of these Business Terms of Use.

 

This document was last updated 3 May 2022.