Terms & Conditions
Terms & Conditions
PLEASE READ CAREFULLY THE FOLLOWING TERMS. BY DOWNLOADING THE INSOMNIA TREATS APP TO YOUR MOBILE PHONE DEVICE, USING OR ACCESSING IT, IN ANY WAY, AND/OR BY JOINING THE INSOMNIA TREATS PROGRAMME VIA THE APP OR OTHERWISE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY PART THEREOF, YOU MAY NOT USE THE APP OR JOIN THE INSOMNIA TREATS PROGRAMME. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE AND CONSENT TO THESE TERMS AND TO BE PROVIDED WITH ANY NOTICES GIVEN PURSUANT TO THESE TERMS; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THESE TERMS AND YOUR USE OF THE INSOMNIA TREATS APP.
Loyalty - We Value Yours!
These terms and conditions apply to your access to, and participation in the Insomnia Treats Loyalty Programme (“Insomnia Treats”) which is operated by Insomnia Limited of 1st Floor, Cunningham House, Francis Street, Dublin 8 and or its affiliated companies (“Insomnia”) (the “Terms and Conditions”).
Applying for an Insomnia Treats Account
For an Insomnia Treats account (“Insomnia Treats Account”), you will be required to:
- Register your details at https://insomnia.comosense.com/#/
- Download the Insomnia Treats application for iPhone or Android (the “Insomnia Treats App”) and register with your personal details to create an Insomnia Treats account.
In store, Treats members can be identified in the following ways:
1.Phone App: Customers scan their ID Code (QR Code) at the till
2.Phone number: Customers can give their phone number to team member.
3.Loyalty Card/fob 1
4.Loyalty Card/fob 2
5.Loyalty Card/fob 3
About the Insomnia Treats App
The Insomnia Treats App lets you engage with Insomnia through various features and content that the company selected to incorporate in the Insomnia Treats App, such as informative material, customer membership gifts, Customer Loyalty Features, social feed, unique events, sales or promotions etc.
Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to download, install and use the Insomnia Treats App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.
You may not use the Insomnia Treats App if you are younger than the legal age of majority in your local jurisdiction. In no event should anyone under the age of 16 years old use this App. Please note that the Insomnia Treats App is not directed to children under the age of 16.
Acceptable use of the App
You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the Insomnia Treats App and the access and use of the Insomnia Treats App by anyone on your behalf. When using the Insomnia Treats App, you shall refrain from wilfully, or negligently –
- Modifying, copying, making available publicly, making derivative works of, disassembling, de-compiling or reverse engineering the Insomnia Treats App;
- Breaching these Terms or any other applicable guidelines related to the Insomnia Treats App;
- Interfering with, damaging or impairing the functionality of the Insomnia Treats App or any third party’s use of the Insomnia Treats App;
- Circumventing or manipulating the operation or functionality of the Insomnia Treats App or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Insomnia Treats App;
- Breaching the security of the Insomnia Treats App or identifying any security vulnerabilities in it;
- Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Insomnia Treats App;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
The use of the Insomnia Treats App features requires you to open an account and provide login details (username, password or equivalent). You hereby represent that you will keep your login details in confidentiality and not share them with or transfer them to any third party. Insomnia will not be liable for any unauthorized access to your account or misuse of any benefits associated with your account, where these result from your failure to keep your login details confidential. You agree to notify Insomnia immediately in regard of any unauthorized access or use of your account. Insomnia will not be liable for any loss or damage arising from unauthorized access to or usage of your account or from your failure to comply with the above requirements. You agree that the information you provide on your account will be true, accurate, current and complete.
You may not access or use the Insomnia Treats App in order to develop or create a similar or competitive product or service.
We may temporarily or permanently prohibit you from using the Insomnia Treats App and take measures to keep you off the Insomnia Treats App, if we determine that you have abused your rights to use the Insomnia Treats App, breached these Terms, or performed any act which is harmful or likely to be harmful to Insomnia or any other third party.
Customer Loyalty Features
The Insomnia Treats App include, without limitation, the following features:
Collecting Insomnia Treats Credit
- You will collect 2 cent for every €1 you spend on qualifying purchases.
- Scan your Insomnia Treats App QR Code/loyaty card at the time of purchase to immediately receive credit to your Insomnia Treats Account.
- Insomnia Treats Credit will convert to a cash balance on your account, which you can use against future Insomnia Treats purchases.
- You will receive an extra 20 cent Credit when you order any barista made drink and present any Reusable Cup for use in lieu of a sit in cup or takeaway cup.
- Credit will be awarded for all barista made drinks purchased as part of a meal deal.
- Credit will not be awarded where a free gift is being redeemed eg 10th Free Coffee, Birthday Treat, Seasonal drinks.
- Credit will not be award on Gift Cards purchased at point of sale in-store or online.
- Credit will not be awarded where a complimentary coffee voucher is presented in store.
Spending Insomnia Credit
- Credit can be spent on in-store Insomnia products. Insomnia will not redeem Insomnia Credit for cash and the offer is non-transferable.
- Insomnia reserves the right to ask for identification such as a driving licence or other photo identification when redeeming Insomnia Credit.
- Insomnia reserves the right to substitute or remove products and services available for Insomnia Credit collection and redemption without notice.
- Spending Insomnia Credit may be subject to IT network availability.
Checking the Balance
You can view and track your Insomnia Credit and free Insomnia Beverages:
- In-Store - When you use your Insomnia Treats Card or Insomnia Treats App at a participating Insomnia outlet your points will be printed on your receipt.
- Online - You may log in https://insomnia.comosense.com/#/ using your Insomnia Treats username and password to view your credit balance.
- Mobile devices – You can check your credit balance using the Insomnia Treats App.
2. WALLET - PREpay and top up
- This loyalty feature allows you to charge your App with certain amount of EUR by paying the same amount to Insomnia via your credit card (the “Budget”). With the Budget, you may purchase items from Insomnia until such amount reaches a balance of zero (0). Your current Budget will be displayed on the App and purchased items could be made via the App, Insomnia premises or otherwise as solely determined by Insomnia. You may recharge your app with an additional amount for so long as this feature is available to you on the App. Insomnia will not be responsible for any card Budget not honoured by Insomnia for any reason or any disagreement or dispute in regard of your Budget.
- Users will be enabled to load funds in store, or in app. These funds can then be redeemed in store through a scan of their existing Insomnia Treats card, fob or app.
- Insomnia may customize and/or operate an online store within the App, which may allow you to place online orders and purchase certain goods and/or services that Insomnia offers (“Product(s)”). In order to purchase Products through the App, you will be requested to provide your credit card details and personal information which are required for processing the payment for the Product(s) (“Credit Card Details”). You may choose that the Credit Card Details will be saved for future purchases as well.
- The Credit Card Details are submitted by you on a webpage (embedded in the App) of a payment processor, which is a PCI DSS (Payment Card Industry Data Security Standard) compliant (the “Payment Processor”). The Payment Processor will process your payment(s) to the Business. Insomnia will not save your Credit Card Details other than your credit card’s 4 last digits and expiration date which will be save together with your name. Insomnia may replace the Payment Processor from time to time by amending these Terms.
- You acknowledge that Products and e-commerce offerings may be modified or removed at any time.
Minimum & Maximum top-up
- The minimum top up value is €5 and the maximum top up is €50.
- All transactions made with prepay are visible in the Insomnia Treats app or Insomnia Treats web portal under “My Activity”. This will show any money spent or loaded. For any inquiries you can contact email@example.com
Non-transferable, non-refundable or no cash back
- All funds loaded onto Insomnia Treats cards, fobs or apps are non-transferable to other accounts, non-refundable and can only be redeemed in-store for Insomnia products (There is no cash back facility).
- Insomnia do not at any stage possess or maintain any record of card details used for prepay purposes. These details are stored with certified and regulated third party providers for the purposes of prepaid.
Loss, theft, fraudulent or unauthorised use
- You should immediately report any loss, theft, fraudulent or unauthorised use of your Insomnia Treats prepaid account to Customer Services. If you lose your Insomnia Prepaid card/fob or it is stolen, damaged or malfunctions, we may, at our sole discretion, replace your Insomnia Treats card and transfer the balance stored on it to a replacement card. Circumstances in which we may determine not to replace your Card include where we reasonably believe that the notified incident has been caused by your breach of these Terms and Conditions or where there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct.
- Insomnia @ SPAR, EUROSPAR, MACE, LONDIS, Fresh, Howth, Tallaght Square, St Stephens Green Shopping Centre, Artane Shopping Centre, Glenageary, Cabra, Wexford Redmond Square, Drogheda Town Centre, and all self-service machines.
- Insomnia Coffee shall not be liable for any loss or damage arising from or in connection to Insomnia Prepaid accounts, outside of reasonable control. Where it is deemed to be reasonably within our control, damages shall not exceed a sum equal to the balance on your Insomnia Treats account at the date of said loss or damage.
3. Gifts and Coupons
- This loyalty feature is offered to you on the App by Insomnia as a gift/coupon which carries a coupon code (e.g. a number or a barcode, including QR). To use the gift/coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier in the Insomnia store only. Only one gift/coupon may be used for each transaction. Each gift/coupon can be used only within the valid dates thereon. Expired gifts/coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit gifts/coupons will not be accepted. Gift/coupons cannot be exchanged for cash or gift cards. Insomnia reserves the right to honour, limit the use of or revoke any gift/coupon. Insomnia may decide in its sole discretion not to honour gifts/coupons which it does not recognise, are not present in the CLM Solution database/lists or have allegedly already been used. Gifts/coupons not honoured shall be deemed invalid. Gift/coupons applied at Insomnia are non-refundable. The services of third parties may be used to issue and/or distribute gifts/coupon(s). Such third parties will not be responsible for the content of the gifts/coupon(s), their terms, usage or validity.
- For every 9 Insomnia beverages, including hot and iced beverages but excluding pre-packaged drinks available in-store (“Insomnia Beverage”) that you purchase as part of Insomnia Treats (excluding any purchases made as part of any other Insomnia promotional deals) you will receive an Insomnia Beverage of your choice at participating Insomnia outlets.
- The free Insomnia Beverage will be automatically loaded onto your account and can be redeemed on any visit; The free Insomnia beverage shall be redeemable for a period of 365 days thereafter.
- You are required to present your Insomnia Treats Card, the Insomnia Treats App or Gift Code at participating Insomnia outlets in order to receive your free Insomnia Beverage or any other Gifts.
- Gifts such as seasonal and special offers are awarded to active Treats customers who have made transactions within the last 6 months. Gifts are valid in participating stores only and only valid within the time period specified.
- Free Welome Coffee - you will receive a free small Insomnia beverage once you have made your first purchase with your Treats account, to be redeemed within 30 days (Excludes ICECAPS, milkshakes, ice cream and seasonal beverages).
- Free Birthday Treat – All customers who included their date of birth in their profile and have made a purchase in the previous 12 months, will receive a free small Insomnia beverage to be redeemed within one month of their birthday. (Excludes ICECAPS, milkshakes, ice cream and seasonal beverages).
- You may receive personalised offers / coupons depending on your purchases.
- There can only be one gift redeemed per transaction.
- Multiple Drinks with a gift: One only gift can be used per the transaction i.e. only one coffee will be free. Customer can do two separate transactions to use two gifts.
- Meal Deals: Gifts can’t be used in conjunction with Meal Deals.
4. Punch card
- This loyalty feature allows you to collect virtual cups on the punch card on the app. When you’ve collected 9 cups you will be eligible to get a free coffee. A “cup” is the purchase of an Insomnia Beverage.
- An "Insomnia Beverage" is any hot or iced beverage, excluding pre-packaged drinks and excludes any purchases made as part of any other Insomnia promotional deals e.g. Meal Deals or in store discounts.
- The Insomnia Treats App is connected with the POS instore and your App punch card should be automatically punched.
- Customers can track their cups (punches) progress to earn their 10th coffee free. Our system automatically adds a punch to the card every time a drink purchase is made.
5. General Treats offers
- Insomnia may, upon its sole discretion, determine that certain benefits shall apply to registered club members, or to certain groups of members. In order to receive Benefit(s) you may have to actively identify yourself to the Business as a registered member and may have to provide with identification details (such as: name or phone number). If you do not actively identify yourself to Insomnia, you may not receive the Benefit you are entitled to.
- Treats members receive a 50% discount on alternative milks i.e Oat and Coconut Drink. You must be a Treats member to receive this discount during the checkout process.
6. Click and Collect: Terms of Service
Click and Collect service is operated by Insomnia. Throughout the site, the terms "we", "us" and "our" refers to Insomnia. Insomnia offers this service, including all information, tools and services available from this site to you, the user, the conditioned upon your acceptance of all terms, conditions, policies and noitces stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store/ Click & Collect service is hosted on Restolabs. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall test, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless test and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
7. Spin the wheel
- Coming Soon - Details to follow
- Coming Soon - Details to follow
9. Online Shop
- Coming Soon - Details to follow
10. E-Gift Cards
- E-Gift Cards are valid for five years from the date of purchase.
- E-Gift Cards may only be purchased via the Insomnia Treats app by a registered Insomnia Treats account holder. The recipient of the e-Gift Card must also be a registered Insomnia Treats account holder.
- E-Gift Cards will be sent to the mobile number associated with a registered Insomnia Treats Account. The E-Gift Card amount will then be automatically added to the recipients Credit balance.
- E-Gift Cards are the sole responsibility of the purchaser; Insomnia will not accept responsibility for E-Cards that are sent to an incorrect mobile number at the time of purchase.
- The total value of the E-Gift Card will be debited from the purchaser’s Insomnia Treats credit balance at time of purchase.
- To purchase an E-Gift Card, you must have a sufficient credit balance to fulfil the E-Gift amount to be sent. Should your credit balance be insufficient you may top up your account in a participating Insomnia store or via the Treats app.
- E-Gift Cards are not transferable, not refundable, and not redeemable for cash.
- E-Gift Cards may be used for more than one transaction. Cash refunds are not permitted.
- Insomnia has the right to cancel an E-Gift Card where it has been fraudulently obtained.
- Insomnia reserves the right to alter, change and/or add to the terms and conditions of this E-Gift Card at any time without notifying the holder.
- E-Gift Cards are accepted in stores that are part of the Insomnia Treats Programme. Excludes Insomnia @ Spar, Eurospar, Fresh, Maxol, Londis, Artane, Drogheda Town Centre, Howth, Parnell Street, Tallaght Square, St. Stephens Green Shopping Centre, Insomnia @ Redmond Square and Wexford, Junction 6.
Customer Loyalty Features Expiration / Termination; Disclaimer
- Subject to any applicable law, each of the above Customer Loyalty Features on your App will automatically expire upon any of the following events: (a) use of the specific feature’s credit/budget or redemption of a benefit; (b) upon the specific feature or benefit expiration date which is indicated on the specific feature or the benefit; (c) if you remove the App from your mobile device; (d) if Insomnia has decided to cancel a specific feature and/or benefit for any reason; (e) Insomnia terminated its developer account and/or its App in the App Store and/or its agreement with us for any reason. Notwithstanding the foregoing, you may redeem certain benefits and/or continue to use your gift card, pre-paid punch card and/or credit/budget and/or any other available loyalty feature offered to you by Insomnia (if not expired or redeemed by you) by engaging with Insomnia directly.
- Insomnia may, at any time and without notice: (a) suspend or cancel any customer loyalty features and/or benefits in the event of violation of these terms or any part thereof by you; or (b) terminate any customer loyalty feature in its entirely. In addition, Insomnia may decrease the number of credits you earned for various reasons such as if you returned a purchased item to Insomnia or otherwise if any you earned them not in accordance with these terms. Any dispute arising from such decrease will be settled between you and Insomnia. Insomnia shall have no liability in regard of any dispute arises from the number of credits earned by you, the amount of EUR on your gift card or credit or any benefit or item not provided to you by Insomnia.
- In any event, no refunds, recharged or cashed out will be available to you for unused credit, coupons, virtual EUR on your gift card or any benefit un-redeemed for any reason.
- If a purchased item is returned by you Insomnia’s premises, then Insomnia may: (a) charge you for the same amount of points earned by you when purchasing such item; (b) cancel your entitlement to a benefit; or (c) cancel your last punch; coupon, discount etc.
If a product bought with Insomnia Credit is not of merchantable quality, please return it to the participating Insomnia outlet. Insomnia will re-credit your Insomnia Treats Account with the corresponding number of Insomnia Credit.
Changes, Modifications to or Cancellation of Insomnia Treats
- Insomnia reserves the right to amend, modify, cancel or withdraw Insomnia Treats and/or these Terms and Conditions and/or any individual Insomnia Treats Account and/ or any instructions pertaining to the Insomnia Treats at any time and at in its sole discretion.
- Any amendments to Terms and Conditions will be effective immediately upon publishing the revisions on http://www.insomnia.ie and you waive any right you may have to receive specific notice of such amendments.
- In continuing to participate in Insomnia Treats you confirm your acceptance of such amendments; therefore, you should review these terms and conditions in detail frequently to ensure that you fully understand the terms and conditions of Insomnia Treats.
- If you do not agree to the amended terms, please stop participating in Insomnia Treats.
- Insomnia can take any action it considers appropriate, including removing or suspending an Insomnia Treats Account and/or Insomnia Credit accrued, if Insomnia has reason to believe that you have violated these Terms and Conditions or that the use of your Insomnia Treats Account is unauthorised or otherwise unlawful or in violation of these Terms and Conditions.
- Insomnia Credit shall only be redeemable for 12 months from the date it was awarded.
- If you have not made any purchases during a period of 12 months, your balance may expire and your Insomnia Treats Account may be cancelled. You may re-join the Insomnia Treats at any time.
- At your request, Insomnia will cancel your Insomnia Treats Account. To cancel your Treats account please fill in the Treats contact form here.
Term, Termination and Survival
Insomnia, may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice reasonable time beforehand. You agree and acknowledge that Insomnia do not assume any responsibility with respect to, or in connection with the termination or suspension of the App’s operations, services or features.
- You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by Insomnia, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.
- Upon termination of the App’s operation or any service or feature provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion Insomnia, without giving rise to any liability of Insomnia. Removal of the Mobile App does not automatically unsubscribe you from the Business’s customer membership club.
- The Insomnia Treats Card, the Insomnia Treats App and the Insomnia Treats Account remain the property of Insomnia and must be surrendered if so requested.
- Insomnia Treats is only available in participating Insomnia outlets see https://www.insomnia.ie/find-your-insomnia/stores for the full list
- If you have lost your Insomnia Treats Card, and would like a new one please contact firstname.lastname@example.org
- Insomnia reserves the right to refuse to issue an Insomnia Treats Card and to reject any Insomnia Treats Card or the use of the Insomnia Treats App if it deems that it has been forged or tampered with. Photocopies of the Insomnia Treats Card will not be acceptable.
- Insomnia’s decision in the exercise or interpretation of any of its rights or discretions in connection with these Terms and Conditions shall be final and binding. Insomnia may waive or modify any requirement under the Terms and Conditions where a person might otherwise not qualify for the offer and without implying any obligation to relax that requirement in any other case.
- All instructions, terms and conditions on any advertising or promotional materials relating to Insomnia Treats form part of these Terms and Conditions although, in the event of conflict, these provisions shall prevail over all such other instructions, terms and conditions.
SMS Text Messages and E-mails
Your electronic agreement to receive SMS text messages and/or Commercial e-mails; E-Sign Disclosure (Receipt of Messages):
- You hereby agree to receive from or on behalf of Insomnia future commercial SMS messages delivered via our vendors’ ‘automated telephone dialling system’ to your mobile phone and/or commercial e-mails delivered via our or our vendors’ platform to your e-mail box, as provided by you voluntarily upon your registration to Insomnia’s Treats programme (via the App or otherwise). Your consent to receive SMS text messages and/or commercial e-mails from Insomnia is not in any way required as a condition of purchasing any items, goods or services from Insomnia.
- By agreeing to receive commercial SMS messages and/or commercial e-mails from Insomnia, you also consent to the use of an electronic record to document your agreement. If you wish to receive a copy of this disclosure kindly send an email to our support team at email@example.com and one will be provided to you.
- You further agree, that if you have already provided your consent to receive commercial SMS text messages and/or commercial e-mails from or on behalf of Insomnia from our or our vendors’ platform via any written or non-electronic form, then such consent will also apply to these Terms. The SMS messages and/or commercial e-mails will include informative and/or promotional content, solely as determined by Insomnia, and will be sent only to users who expressly agreed to receive such messages from the business via our platform. For clarity, the nature, scope and frequency of the SMS text messages and/or commercial e-mails will be determined solely by Insomnia. SMS text message and data rates may apply depending on your plan with your wireless or other applicable provider.
- If you wish to revoke your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of Insomnia via our platform, you may do so, at any time, electronically, by clicking on the “unsubscribe” link at the end of each SMS text message and/or commercial e-mail you receive from or on behalf of the Business, or follow other instruction for unsubscribe, as stipulated in the message or email sent to you, and you will be automatically removed from the SMS and/or e-mailing lists on our platform. You may also send Insomnia a writing request to firstname.lastname@example.org and request to be removed from the SMS and/or e-mailing lists on our platform. In case Insomnia re-includes you in the SMS or e-mail list, it should obtain your prior consent.
- Removal or deletion of the Mobile App neither revokes your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of Insomnia via our platform nor does it automatically unsubscribe you from the Insomnia’s Treats programme.
Changes in the App
- You grant Insomnia your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among others, may:
- Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
- Change the App’s layout, design or display.
- We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services, add or remove features and change the functionality and/or name of features.
- Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT INSOMNIA DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. INSOMNIA DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Cannot be exchanged for cash or credit
The Insomnia Gift Card cannot be exchanged for cash or credit. It is also not a cheque guarantee, cash, debit or change card. No change is given from gift cards, remaining balance will be printed on receipt.
Minimum & Maximum top-up
The minimum top up value is €5 and the maximum value is €100.
The Insomnia Gift Card is available to purchase and redeemed in selected stores in the Republic of Ireland, for a list of stores click HERE. The gift card is valid for 5 years after date on purchase.
Lost, damaged or stolen cards
Insomnia is not held responsible for any lost, damaged or stolen gift cards.