Terms of Service
Last updated: June 22, 2015
1. Accepting the Terms and Conditions
Welcome to Rewardy. Please read these terms and conditions carefully before using the Site or Services, and check them periodically for changes.
Rewardy, Inc. (“Rewardy”, “we” or “us”), is the developer and provider of software and services, including, without limitation, mobile devices based applications, which enable merchants to offer, and customers to participate in, various loyalty programs (such as digital punch cards, pre-paid programs, digital gift cards, digital saver cards, sweepstakes, digital scratch cards, mobile payment solutions, information and advertising programs and/or any other service or programs that may be made available from time to time by such merchants) (collectively: the “Loyalty Programs” and each of the businesses offering a Loyalty Program: a “Merchant/ Affiliate”). In these Terms of Service, “Customer”, “user” or “you” means any person using the Our Services, whether by browsing the www.Rewardy.com (the “Site”), our mobile application, or otherwise (the “Services”).
These Terms of Service (the “Terms of Service” or “Agreement”) sets forth the terms and conditions that apply to the use of the Services. BY REGISTERING WITH THE SERVICES, ENGAGING IN A MERCHANT’S LOYALTY PROGRAM, OR OTHERWISE USING THE SERVICES, YOU INDICATE THAT YOU UNDERSTAND AND AGREE TO THIS AGREEMENT. If you do not agree to this Agreement, you may not use the Site, engage in Merchant's Loyalty Programs or otherwise use the Services.
2. User Conduct
In order to use our Services and participate in Merchants' Loyalty Programs you must create an account and register with us (“Account”). If you register as a Customer or otherwise use the Services, you represent and warrant to Rewardy that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration information; (iii) your registration and your use of the Services is not prohibited by Law; and (iv) all such registrations use an actual email address owned and operated by you and - if required - a mobile phone number owned and operated by you. We reserve the right, to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration, or your access to the Services or the Site, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it, and you are aware that your participation in any Loyalty Program and/or business and conduct with a Merchant is done at your sole risk and responsibility. You shall not share your password nor use the Services through using the registration of any third party. Your registration and this Agreement, are personal to you, and are not transferable by you to any third party without the prior written consent of Rewardy.
Any violation of these Terms of Service will result in termination of your account at our sole discretion. Use of this Site and Services is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use this Site if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use this Site and the Services, register as a Customer or send personal information to Rewardy.
3. Proprietary Rights and Ownership
The Services and the Site are the sole property of Rewardy. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website or Service other than content uploaded solely by the User, (collectively, the “Site Content”), and all software embodied in the Site or Services or Rewardy servers or otherwise used by Rewardy to deliver the Services (“Software”), are proprietary to us or to our Affiliates (in accordance with separate independent consents and agreements) and are protected by copyright and other intellectual property Laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, de-compilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the “Rewardy Property”) is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks “Rewardy” and related logo are trademarks of Rewardy, and they may not be used in connection with any service or products other than those provided by Rewardy, in any manner that is likely to cause confusion among third parties or in any manner that disparages or discredits Rewardy. The Services also features the trademarks, service marks, and logos of Merchants and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Services
You agree, and represent and warrant, that your use of the Services and the Rewardy Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all Laws, relating to the Services, the Rewardy Property or your use of them and you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services. You further agree, represent and warrant that in using the Service you will not engage in any fraudulent conduct attempting to unlawfully use and take advantage of Merchant's Loyalty Program or the payment means offered as part of such Loyalty Program and you will fully comply with the terms of any such Loyalty Program.
You are responsible for obtaining and maintaining the computer, mobile device and other equipment you use to access the Service and to participate in Loyalty Programs offered by Merchants, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Terms of the Services
Furthermore, each Loyalty Program is specific to the Merchant that issued it, and any corresponding rewards or pre-paid entitlement, (i) may not be used for goods and services from any other Merchant (ii) may not be transferred between users, unless such option is expressly offered by the Services; and (iii) may not be used to acquire rewards or pre-paid entitlement, but only goods and services. The issuing Merchant is solely responsible for all aspects of the Loyalty Program and the content included therein, including without limitation, for honoring the Loyalty Programs, for providing the applicable products or services and for the quality of the goods and services offered by such Merchant. Without derogating from the above, Merchants offering pre-paid Loyalty Programs are also liable for charging the pre-paid amounts from the Customer and enabling the Customer to exercise his pre-paid accrued entitlement as recorded by the Services.
You acknowledge and agree that your participation in any Loyalty Program and/or business and conduct with a Merchant is done at your sole risk and responsibility. Any liabilities, injuries, losses or damages you may suffer in connection with your participation in a Loyalty Program, and any unclaimed property liability arising from unredeemed incentives, rewards, or pre-paid entitlement, or any portion thereof are the sole responsibility of the Merchant offering the Loyalty Program and Rewardy shall not have any responsibility or liability to you with respect thereto. You further acknowledge and agree that Rewardy is not responsible for redeeming rewards, incentives or pre-paid entitlement or for any matter relating to the Loyalty Program and its specific terms.
The record of the balance you may have in any Loyalty Program of a Merchant is presented through the Services for your convenience, and is based on the information inserted by the Merchant at Merchant’s responsibility. You should be aware that the balance presented through the Services may not always be updated at real time (including without limitation due to rounding which is made based our full records which contain a larger number of digits after the decimal point), and therefore, in any case of contradiction between the balance presented and our internal records, our records will prevail. We reserve the right to correct the balance of any of your Loyalty Program accounts when we believe an error has occurred.
With respect to pre-paid Loyalty Programs, you further agree and acknowledge that: (a) the value of the amount you load to your pre-paid account with a Merchant (i.e., the points gained for the currency paid by you to the Merchant)(the “Pre Paid Balance”) is determined by the Merchant itself, charged directly by the Merchant and available for use only for the goods and services offered by the same Merchant. When you load an amount to your pre-paid account with a Merchant, you will receive a code from the Merchant, which you will be required to fill-in or scan into your Account. Once you fill in or scan such code, you will receive a confirmation from the Services of the amount loaded to your account; and (b) No credit line, overdraft protection or deposit account is associated with a pre-paid account, nor does the account bear interest, dividends or any other earnings; and (c) the Pre Paid Balance is nonrefundable and may not be redeemed for cash, other than in case of termination of the pre-paid program by the Merchant to the extent permitted by the Merchant and at the sole responsibility of the Merchant; (d) you are responsible for all transactions associated with your pre-paid account, including unauthorized transactions.
The Services are subject to the following conditions:
Loyalty Program offered through the Services is subject to associated terms and
conditions set by the offering Merchant. Such offering Merchant is solely
responsible for its Loyalty Program and its terms and conditions. You are
requested to carefully read the applicable terms set by such Merchant and ask
the Merchant for any clarifications required.
2. Any fraudulent use of the Service in violation of this Agreement or the Loyalty Program's specific terms renders the termination of this Agreement with you.
Loyalty Programs are valid only to the extent it's granting and performance is
permitted by Law. The Merchant and you are jointly and severally responsible
for compliance with applicable Laws with respect to the issuance and performance
as well as for any expiry limitation set forth therein (an example of a
situation of limitation set by local Laws: a Loyalty Program on which a
Merchant offers alcoholic beverages as a Reward, where consumption of alcoholic
beverages is limited by the local Law to customers of a certain age) and for
any tax implications.
6. Links to 3rd Party Websites
The Site and/or the Service may contain links to third-party websites and information provided by Merchants (“Third Party Content”). Third Party Content is not under our control, and we are not responsible for the contents of any linked site. We provide these links and content as a convenience only, and with no imply endorsement of, sponsorship of, or affiliation with the linked site or content by Rewardy. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
7. Your Feeds
Rewardy is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of Rewardy. None of the Service Comments will be subject to any obligation of confidence on the part of Rewardy, and Rewardy will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Rewardy will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
8. Disclaimers of all Warranties
Rewardy does not warrant that the Site or the Services or Rewardy Property will operate error-free or without downtime. Rewardy may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access the Service or the Site, Rewardy is not responsible for the security of information that you choose to communicate with the Services while it is being transmitted. Additionally, Rewardy is not responsible for any data lost during transmission.
REWARDY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, AND REWARDY PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR THE SITE OR REWARDY PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR THE SERVICES OR THE REWARDY PROPERTY. No advice or information, whether oral or written, obtained by you from Rewardy or through the Services will create any warranty not expressly stated herein.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR FROM OR RELATING TO THE SITE, THE SERVICES OR REWARDY PROPERTY, EVEN IF REWARDY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.
In the event that, notwithstanding the foregoing disclaimers and indemnification, Rewardy is found responsible to any Rewardy User for any reason whatsoever, Rewardy's responsibility shall be limited to the minimum permitted by Law, and shall not include punitive damages or consequential or resulting damages of any nature.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Release of Claims; Indemnity
Customer acknowledges that Rewardy, is not responsible for the Loyalty Program(s), their performance, the redemption of the rewards and incentives granted thereunder, nor the quality of the goods and services supplied. Customer hereby releases Rewardy from any and all claims and liability related to any goods or services of any Merchant, any act or omission of any Merchant, and any act or omission of any other user of the Service.
Customer expressly and voluntarily waives each and all claims, rights, or benefits it has or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under any applicable Law , to the full extent that it may lawfully waive such claims, rights and benefits in connection with this release.
Customer shall defend, indemnify and hold harmless Rewardy against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of the Services, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any user of any goods and services redeemed with any Reward, or any claim by any third party who suffers any injury in connection with the use of any Reward or the use or consumption of any goods or services obtained from any Merchant and any defective contaminated or malicious devise or software, including, without limitation, files, viruses, worms or Trojan horses, internationally or negligently disseminated by you or originating from your equipment or network.. Rewardy reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. Customer will cooperate with Rewardy with respect to such defense and settlement.
11. Fraudulent Use
We may use manual and automated methods to identify fraudulent attempts to use the Service and any of the Merchants' Loyalty Programs. Upon spotting any activity which – in our sole discretion – appears to be allegedly fraudulent and unlawful, we may suspend your use of the respective Merchants' Loyalty Program or terminate your Account with us temporarily or permanently altogether.
For any question with regard to suspension or termination of your Account or subscription to a merchant loyalty program you may contact us via email at: email@example.com.
13. Modifications, Suspension and Termination
Rewardy reserves the right to terminate or modify this Agreement, terminate the Services or any part thereof or modify any features or aspects of the Services, or modify its policies at any time, with or without notice to you.
If we make changes that materially affect your use of the Services, we will post a notice of the change on the Site. You are under an obligation to review the current version of this Agreement and other published policies before using the Service.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please write to us at: firstname.lastname@example.org
14. European Users
By using the Services, Users in the European Union understand and consent to the processing of personal information in the United States.
15. Contact US
If you have any complaints or objections to material posted on the Services, you may contact our Designated Agent at the following address:
331 w 57th st #398, New York,
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the Law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Designated Agent will only respond to any claims involving alleged copyright infringement of Rewardy. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Services. This Agreement and our rules and policies in this Site comprise the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Services, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provision(s) of this Agreement is held to be contrary to Law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with whom Rewardy has a sponsorship or similar contractual arrangement. The term "Law" shall mean any applicable law, regulation and ordinance; in no event shall any Merchant be construed as a legal partner of Rewardy or participating in a legal partnership with Rewardy, or vice versa; This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes; You agree to act in a way that complies with the letter and spirit of this Agreement and the terms of any Loyalty Program, and you understand that failure to do so can result in your immediate suspension and or termination of your Rewardy Account as Rewardy deems right at its sole discretion. The provisions of this Agreement are entered into for the benefit of Rewardy, its third party licensors, and the Merchants and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement. In no event shall Rewardy be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Rewardy’s reasonable control.
17. Governing Law and Exclusive Courts
This Agreement will be governed by the laws of the state of New York, United States without regard to its choice of law or conflicts of Law principles. You and us consent to the exclusive jurisdiction and venue in the courts in New York, United States, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.