General Terms & Conditions

These General Terms of Service (the “Terms”) form a legal agreement between you (“you” or “your”) and ICRTouch (IOW) Limited, a company incorporated and registered in England and Wales with company number 07791835 and registered office at ICRTouch, Embassy Way, Sandown, Isle of Wight, PO36 0JP (“ICRTouch”, “we”, or “us”).

These Terms apply to your access to, and use of, ICRTouch’s products and services. This includes our software, websites, mobile apps, hardware, cloud-based tools, and any other related offerings, unless a specific service has its own separate agreement (collectively, the “Services”).

By using any of the Services, you agree to be bound by these Terms, along with any policies or rules we reference within them (the “Policies”). These include important terms that:

Limit our legal liability (see Section 14),
Require certain disputes to be resolved through arbitration (see Section 17),
And apply specific terms to particular Services you may use (the “Additional Terms”).

If you are using the Services on behalf of a business or organisation, you confirm that you are authorised to accept these Terms on its behalf. In that case, “you” and “your” will refer to that business or organisation.

The Additional Terms relating to individual Services form part of this agreement and, together with these Terms and the Policies, govern your overall relationship with ICRTouch.

1. Privacy

Handling of Your Personal Data
By accessing or using our Services, you confirm that you understand and accept how we manage your personal information, as detailed in our Privacy Policy. The Privacy Policy outlines how ICRTouch gathers, uses, shares, and safeguards your personal data when we deliver Services to you or use your data for our operational needs.

Information About Your Customers and Staff
As part of the Services, ICRTouch may process personal data relating to your customers or employees on your behalf. In these cases, ICRTouch acts as a data processor (or service provider), while you act as the data controller.

You are responsible for ensuring compliance with all relevant data protection legislation, including providing appropriate information to individuals whose data is being processed. This includes meeting legal standards and ensuring that all personal data is collected and handled lawfully, fairly, and in a clear and understandable manne.

2. Account Responsibility

You are solely responsible for all activity carried out through your ICRTouch account, including any actions taken by individuals to whom you have granted access. It is your duty to manage account access appropriately and to ensure that any authorised users act in accordance with these Terms.

ICRTouch reserves the right to suspend, restrict, or permanently close any ICRTouch account if it is found to contain false, misleading, or incomplete information, or if you fail to meet the requirements for account registration or ongoing compliance or any other justifiable business reason.

3. Changes to Terms, Disclosures, and Notices

ICRTouch reserves the right to update or amend these General Terms, along with any applicable Additional Terms or Policies, at any time. Notice of such changes will be provided in a manner deemed reasonable by ICRTouch, which may include posting the updated version on the ICRTouch website (the “ICRTouch Website”) or communicating it to you through the Services (each referred to as a “Revised Version”). Unless otherwise stated, all changes will take effect immediately upon posting. By continuing to use the Services after a Revised Version has been posted, you are deemed to have accepted the updated terms.

Communications and Marketing
If you wish to withdraw your consent to receiving electronic communications, please contact your ICRTouch Authorised Partner (“IAP”). Please note that the withdrawal of consent may take up to four weeks to process from the date ICRTouch receives your request. If ICRTouch or its affiliated companies are unable to communicate with you electronically as described in this section, it may be necessary to close your ICRTouch account or discontinue certain or all Services.

To update your email address, please contact your IAP or, where applicable, you may update it directly through your ICRTouch account.

“Communications” include, but are not limited to:

legal disclosures;
notices;
agreements or policies (such as Additional Terms);
payment authorisations, transaction receipts, or confirmations;
scheduled reports delivered by email; and
information regarding new products or services;
or any other written communications related to your ICRTouch account or use of the Services.

4. Prohibited Uses and Limitations

You may not export, re-export, or otherwise transfer the Services in violation of any applicable export laws or regulations. Certain restrictions may apply based on the laws of your region or country (“Applicable Law”).

You also agree not to, and will ensure that others do not:

access, retrieve, or monitor any data, materials, or content from any ICRTouch system using automated tools (such as robots, spiders, scripts, or similar technologies), or any manual process without prior written permission;
copy, reproduce, edit, adapt, alter, translate, publish, republish, broadcast, transmit, display, redistribute, or otherwise misuse any part of the Services or related content for any unauthorised purpose;
exploit the Services through leasing, licensing, outsourcing, time-sharing, service bureau arrangements, or similar means that provide third parties with access to the Services for commercial benefit;
assign, resell, sublicense, or transfer any rights granted under these Terms to another party without ICRTouch’s prior written approval;
attempt to disable, bypass, or circumvent any security features, access controls, or usage restrictions, nor reverse engineer, decompile, or disassemble the Services – except where permitted by Applicable Law;
disrupt or interfere with the performance or stability of the Services, including by overloading servers or infrastructure, launching denial-of-service attacks, or other similar activities;
use the Services in connection with any illegal, harmful, fraudulent, or unauthorised activities or goods that could damage ICRTouch’s reputation or expose ICRTouch or its affiliates to risk or liability;
use the Services in any way that conflicts with these Terms, Additional Terms, or any published Policies provided by ICRTouch.

ICRTouch retains the right to refuse the creation of a new account or to suspend or terminate an existing account at its sole discretion. Where feasible, a notice period will be provided prior to account closure.

If ICRTouch has reason to believe that your account has been involved in illegal, unauthorised, or suspicious activities, you give ICRTouch permission to disclose relevant details about you, your account, and any associated transactions to law enforcement or government authorities, in accordance with applicable legal obligations.

5. Mobile Device Requirements and Network Providers

ICRTouch does not provide any assurance that the Services will function properly on every mobile device or across all mobile network providers. It is your obligation to confirm that your device, operating system, and mobile network are compatible with and capable of supporting the features and requirements of the Services.

Your access to, and use of, the Services may be subject to the terms, limitations, and fees of your mobile network provider and the manufacturer of your device. ICRTouch is not liable for any additional costs, data usage charges, or performance limitations that may arise from these third-party arrangements.

You are prohibited from using the Services on a mobile device that has been altered in a way that contravenes the original manufacturer’s specifications or software integrity. This includes, but is not limited to, devices that have been “jailbroken,” “rooted,” or otherwise modified to disable security controls or bypass system restrictions. Certain ICRTouch features, Services or applications may be unavailable or may not operate correctly on such devices.

6. Your Content

Through the use of our Services, you may upload, submit, or share various materials such as images, logos, product descriptions, loyalty program details, promotional offers, advertisements, voucher designs and other related information (collectively, “Content”).

By providing your Content, you grant ICRTouch, along with its affiliates and successors, a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to copy, use, modify, adapt, publish, create derivative works from, distribute, publicly display, and perform your Content across any media formats for the purpose of delivering and marketing the Services. See section 7 for Copyright and Trademark Infringement.

You maintain ownership of your Content, subject only to the rights you grant to ICRTouch in these Terms. You may edit or delete your Content via your ICRTouch account or by terminating your use of the Services; however, copies of your Content may continue to exist in backup archives or cached versions.

You agree not to upload, post, transmit, distribute, or display any Content through the Services or within your physical premises that:

is false, misleading, illegal, offensive, sexually explicit, defamatory, threatening, abusive, hateful, or inflammatory;
encourages unlawful behavior or actions that could lead to legal liability;
violates the rights of others, including privacy, publicity, or intellectual property rights;
contains viruses, corrupted files, or any harmful code intended to disrupt or damage;
promotes products or services that compete with ICRTouch or its Partners, as determined at ICRTouch’s sole discretion;
is deemed by ICRTouch to be inappropriate, offensive, or interferes with the use and enjoyment of the Services by others, or could expose ICRTouch or its affiliates to risk or liability.

While ICRTouch does not have an obligation to monitor Content, it retains the right to remove or restrict access to any Content at any time and for any reason without prior notice.

You acknowledge that use of the Services may expose you to Content that you find objectionable or offensive. ICRTouch disclaims all liability related to Content, including any loss or damage resulting from your use or reliance on such Content.

7. Copyright and Trademark Infringement

ICRTouch profoundly respects the intellectual property rights of others and expects its users to uphold the same principles. It is our policy to respond to all valid notices of alleged copyright or trademark infringement that comply with applicable international intellectual property laws and regulations.

Reporting Infringement:
If you believe that any content available through the Services infringes upon your copyright or trademark rights, please submit a written notification containing the following information to dp@icrtouch.com:

Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple works/marks are covered by a single notification, a representative list of such works/marks.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ICRTouch to locate the material. Providing URLs is the best way to help us locate content quickly.
Information reasonably sufficient to permit ICRTouch to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the copyright or trademark allegedly infringed.
By submitting a claim for an alleged copyright or trademark infringement, you expressly consent to the jurisdiction of the courts of England and Wales

Action Upon Receiving a Valid Notice:
Upon receipt of a valid infringement notice, ICRTouch reserves the right to:

Remove or disable access to the allegedly infringing material.
Notify the user whose content has been removed or disabled.
Terminate the accounts of repeat infringers.

Counter-Notification:
If you believe that your content was removed or disabled as a result of mistake or misidentification of the material, you may submit a written counter-notification to the email address above, containing the following information:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number.
By submitting a counter-notification regarding an alleged copyright or trademark infringement, you expressly consent to the jurisdiction of the courts of England and Wales. You also agree to accept service of legal proceedings from the individual or entity who submitted the original infringement notice, or from their authorised representative.

Upon receipt of a valid counter-notification, ICRTouch may send a copy of the counter-notification to the original complaining party and inform that party that ICRTouch may replace the removed material or cease disabling access to it. Unless the copyright or trademark owner files an action seeking a court order against the user, the removed material may be replaced, or access to it restored, after receipt of the counter-notification, at ICRTouch’s sole discretion.

Repeat Infringers:
ICRTouch reserves the right to terminate the accounts or Services of users who are determined by ICRTouch to be repeat infringers of copyrights or trademarks.

Disclaimer:
ICRTouch is not responsible for any infringement of copyright or trademark rights or any other intellectual property rights by its users. You are solely responsible for ensuring that your Content does not infringe the rights of any third party.

8. Security

ICRTouch has implemented a range of technical and organisational safeguards aimed at protecting your personal data from accidental loss, as well as from unauthorised access, misuse, alteration, or disclosure. However, no system is entirely foolproof, and ICRTouch cannot guarantee that unauthorised third parties will never bypass these protections or misuse your information.

You are responsible for maintaining the confidentiality of your password and for limiting access to the Services on your approved devices and computers. To help enhance the security of your ICRTouch account, we strongly recommend enabling two-factor authentication (2FA) where available. This adds an extra layer of protection by requiring a second verification step when signing in.

You must promptly inform your IAP if you suspect or become aware of any unauthorised access to your account, misuse of your password, or any other security breach.

If there is a dispute over account ownership involving multiple parties, ICRTouch retains the sole authority to determine control of the account. This may include temporary suspension or permanent termination of the disputed account. ICRTouch’s decision in such matters is final and binding on all parties concerned.

9. Paid Services

ICRTouch provides a combination of free (“Free Services”) and chargeable services (“Paid Services”) through its platform. Paid Services may include both subscription-based offerings (“Subscription Services”) and usage-based options (“Usage-Based Services”), depending on the nature of the service.

All Paid Services are purchased and billed through your IAP, not directly by ICRTouch. Your agreement to purchase Paid Services, including payment terms and fees, is made directly with your IAP and subject to their applicable terms and conditions.

Subscription Services
Subscription Services may involve recurring charges, typically on a monthly or annual basis. If you subscribe to a Service (including following any free trial period), you agree to pay the relevant Subscription fee, including any applicable taxes, as invoiced by your IAP.

Usage-Based Services
Some Paid Services may be offered on a per-use or transactional basis. By accessing or using these Services, you agree to pay any fees applicable to such use (“Usage Fees”), as outlined by your IAP at the time of purchase or usage.

Payment Terms
Payments for Paid Services, including both Subscription Fees and Usage Fees (together, the “Paid Service Fees”), are made directly to your IAP. Your IAP is responsible for issuing invoices, collecting payments, and managing billing matters. ICRTouch does not process or collect payment for Paid Services and does not issue refunds or manage account credit balances – these are handled by your IAP in accordance with their policies.

Should you have any queries or disputes regarding billing, fees, or cancellations, you should contact your IAP directly.

10. Termination

Unless otherwise required by Applicable Law, ICRTouch may suspend or terminate these General Terms, any associated Additional Terms, your ICRTouch account, or your access to the Services at any time, with immediate effect.

If your ICRTouch account is suspended or these terms are terminated for any reason:

Any rights granted to you under these General Terms will immediately cease.
You must stop using all Services and deactivate any related software, hardware, or integrations.
ICRTouch may, but is not obligated to, delete any information or account data stored on its systems.
ICRTouch will not be responsible to you or any third party for any compensation, reimbursement, loss, or damages in connection with the suspension or termination of your account or the deletion of your data.

Termination does not affect any obligations or rights that are intended to survive beyond the termination of this agreement. In particular, the following sections of these General Terms will continue to apply even after termination:

Section 6 (Your Content)
Section 7 (Copyright and Trademark Infringement)
Section 10 (Termination)
Section 11 (Indemnity)
Section 12 (Your Representations and Warranties)
Section 13 (Our Representations and Warranties)
Section 14 (Limitation of Liability)
Section 15 (Third Party Products)
Section 16 (Disputes)
Section 17 (Arbitration)
Section 18 (Governing Law)
Section 19 (Limitation on Time to Initiate a Dispute)
Section 20 (Assignment)
Section 21 (Third-Party Services and Links)
Section 22 (General Provisions)

If you have purchased Services through an IAP, termination of your agreement with the IAP may also impact your access to those Services.

11. Indemnity

You agree to indemnify, defend, and hold harmless ICRTouch, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable legal and professional fees, arising out of, or relating to, any actual or alleged breach of your representations, warranties, or obligations under these General Terms; your wrongful or improper use of the Services; your violation of any applicable law or any inaccuracies in tax information provided by you; or any third party’s access to or use of the Services using your account credentials, such as your username, password, or other security details. This indemnity obligation will survive termination of these General Terms and your use of the Services.

12. Your Representations and Warranties

By using the Services, you confirm and warrant to ICRTouch that you are at least 18 years old. You affirm that you are legally permitted to register for and use the Services and that you have the authority and capacity to enter into and comply with these General Terms, whether for yourself or on behalf of a business entity. You further confirm that all information you provide to ICRTouch, including business details such as your trading name, is complete, accurate, and reflects your true business or personal identity under which you offer goods or services.

You are solely responsible for ensuring that your use of the Services, including the software and all its functions, complies with all local laws, regulations, and statutes applicable to your business or location. This includes, but is not limited to, laws concerning data protection, consumer rights, and financial transactions. Furthermore, you are responsible for independently testing the software to confirm it operates and performs as needed for your specific requirements before relying on it for any business operations. ICRTouch is not liable for any issues arising from your failure to comply with local laws or your failure to adequately test the software. You also agree not to use the Services for any fraudulent or unlawful purposes, or in any way that may disrupt or compromise the functionality or integrity of the Services. Your continued use of the Services confirms your compliance with these General Terms as well as any applicable Additional Terms.

13. Our Representations and Warranties

ICRTouch expressly disclaims all implied warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

While ICRTouch strives to provide reliable and accurate Services, we do not guarantee that the Services will always be accurate, error-free, reliable, or meet your specific needs. We cannot ensure that the Services will be available at all times or in all locations, uninterrupted, without defects, or fully secure. We also do not promise that any defects or errors will be corrected or that the Services will be free from viruses or other harmful elements.

Furthermore, ICRTouch does not make any warranties, endorsements, or guarantees regarding third-party products or services advertised or offered through the Services. We have no control over, and accept no responsibility for, any goods or services purchased using the Services.

14. Limitations of Liability

ICRTouch will deliver the Services to you according to these General Terms. For any Software-as-a-Service (“SaaS”) offerings, ICRTouch will provide them in accordance with any additional specific SaaS Terms. ICRTouch accepts no liability to you for the SaaS Services or for the fulfillment or failure to fulfill any obligations under any additional SaaS Terms or these General Terms.

ICRTouch will not be responsible or liable, whether under contract, tort (including negligence), statutory duty, or otherwise, for any of the following types of loss arising out of, or related to, these General Terms, even if such losses were foreseeable or ICRTouch was advised of the possibility:

loss of profits;
loss of sales, revenue, business, customers, or contracts;
damage to reputation or goodwill;
loss of opportunity or anticipated savings;
loss or corruption of software or data;
loss of use of hardware, software, or data;
wasted management or staff time; or
indirect, consequential, or special damages.

Additionally, ICRTouch will not be liable for any loss, damage, cost, or liability resulting from:

use of the Services for purposes other than their intended use;
any unauthorised modification, adaptation, integration, or combination of the Services with products or materials not provided by ICRTouch;
compliance with any design, specifications, or instructions you provide; or
any Content provided by you or third-party services.

Subject to the above limitations, ICRTouch’s total liability arising from, or related to, these General Terms or its subject matter, whether in contract, tort (including negligence), statutory duty, or otherwise, shall be limited per event or series of related events to the lower of:

the total fees paid by you under these General Terms during the three months preceding the event that gave rise to the claim; or
£500 (GBP).

15. Third Party Products

Unless otherwise expressly stated in these General Terms, any third-party hardware, software, or other products provided with, or sold alongside, the Services are supplied subject to the terms, conditions, and warranties of the respective third-party manufacturer or provider.

Support for third-party hardware may be provided by your IAP, where agreed between you and your IAP. Any such support arrangements are separate from these General Terms and should be addressed directly with your IAP.

Where the IAP doesn’t offer support then the manufacturer remains solely responsible for all service, support, and warranty obligations relating to their product.

ICRTouch does not provide support for, or accept responsibility or liability for, the performance, reliability, servicing, or defects of third-party products. For service, support, or warranty claims, you should contact either the relevant manufacturer or your IAP as applicable.

16. Disputes

For the purposes of these General Terms, a “Dispute” means any claim, disagreement, or controversy between you and ICRTouch (or any affiliated company) including, but not limited to, those arising out of, or relating to, these General Terms, the Services, or any aspect of your use of or relationship with ICRTouch.

17. Dispute Resolution

These General Terms apply to business-to-business (“B2B”) relationships only.

In the event of any Dispute, claim or controversy between you and ICRTouch arising out of, or in connection with, these General Terms or any Additional Terms or Policies, including any question regarding their existence, interpretation, validity, performance or termination:

If both parties are located in the United Kingdom, the Dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales, and each party irrevocably submits to that jurisdiction.
If one or both parties are located outside of the United Kingdom, the Dispute shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA”), which are deemed incorporated by reference into these General Terms.
The arbitration shall be conducted by a single arbitrator, unless the LCIA determines that a three-member tribunal is appropriate.
The seat and place of arbitration shall be London, England, and the language of the arbitration shall be English.
Any reference to arbitration in this Section 17 shall be deemed a reference to arbitration within the meaning of the Arbitration Act 1996.

Unless otherwise determined by the court or arbitrator, each party shall bear its own legal costs and share equally in any arbitration or court fees incurred. This clause does not limit either party’s ability to seek recovery of costs where permitted by law or by the applicable rules of the LCIA.

This Section does not prevent either party from seeking interim, injunctive, or declaratory relief in the courts of England and Wales at any time, or from issuing proceedings where necessary to avoid expiration of a limitation period.

18. Governing Law

These General Terms and any Dispute arising from, or related to, them (whether contractual or non-contractual) will be governed by and interpreted in accordance with the laws of England and Wales, without giving effect to any conflict of law principles.

Subject to the Dispute resolution process described in Section 17, you agree that:

If you are located in the United Kingdom, the courts of England and Wales (specifically those located in London) will have exclusive jurisdiction to resolve any Dispute.
If you are located outside the United Kingdom, the Dispute shall be finally resolved by arbitration administered by the LCIA, in accordance with the LCIA Rules.

This clause does not limit ICRTouch’s right to seek injunctive or other equitable relief in any court of competent jurisdiction worldwide in order to protect or enforce its intellectual property rights or confidential information.

19. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to a Dispute must be initiated within one (1) year after the cause of action occurs. After this time, such claims will be permanently barred.

20. Assignment

You may not transfer or assign these General Terms or any rights or licenses granted under them without the prior written consent of ICRTouch. Any attempted transfer or assignment by you without such consent will be null and void.

21. Third Party Services and Links to Other Websites

You may be offered products, services, or promotions provided by third parties and not by ICRTouch (“Third Party Services”). If you choose to use such Third Party Services, you are responsible for reviewing and understanding their separate terms and conditions. ICRTouch is not responsible for the performance or content of any Third Party Services.

The Services may also contain links to third party websites. The inclusion of a link does not imply endorsement or approval by ICRTouch. You access any such websites at your own risk. When you leave the ICRTouch Services, ICRTouch’s Privacy Policy and these General Terms no longer apply. Your use of such websites is governed by their own terms, rules, and policies, for which ICRTouch expressly disclaims all liability.

22. Other Provisions

These General Terms, together with any applicable Additional Terms and Policies, constitute the entire agreement between you and ICRTouch, superseding all prior agreements, understandings, representations, and warranties, whether written or oral.

You and ICRTouch acknowledge that in entering into these General Terms, you do not rely on any representation not expressly set out herein and waive any claim for misrepresentation (whether innocent or negligent) not contained in this agreement.

If any provision of these General Terms is found to be invalid or unenforceable under Applicable Law, it shall be interpreted to reflect the parties’ intention as closely as possible, and the remaining provisions shall remain in full force and effect.

Nothing in these General Terms limits ICRTouch’s rights under any applicable intellectual property laws.

No waiver of any provision shall be deemed a continuing waiver of any other provision.

Except as expressly provided in this Section 22, no term of these General Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone other than the parties stated. However, this does not affect any right or remedy available to a third party apart from that Act. ICRTouch may enforce any term in accordance with the Act.

These General Terms do not create any partnership, joint venture, or agency relationship between the parties stated.

Each party represents and warrants that it will comply with all Applicable Laws relating to anti-bribery and anti-corruption, including the Bribery Act 2010, and shall not cause the other party to be in breach of any such laws.

Company