BETABIT INC TERMS OF SERVICE
Last Updated: January 15, 2018
These Terms of Service (“Terms”) set forth the terms and conditions that govern access to, and use of, the websites and applications (“Services”) made available by BetaBit Inc. (“Betabit”) enabling a user to purchase, send or manage gift cards, which may be updated by Betabit at any time at its sole discretion. Your continued use of the Services will indicate your acceptance of the updated Terms found at http://www.betabit.com/terms-of-service.
Products (“Products”), whether they are physical or electronic, may be selected or purchased using the Services provided. Betabit will produce the Products you have purchased and send them to the recipients specified according to these Terms, of which you agree to comply. Gift card products will originate directly from the specified Merchant, and may or may not be sourced via Third Party Services.
When you register for an account, the amount loaded into your virtual wallet will remain in your wallet as Available Funds until you purchase Product(s) and apply the amount to your purchase, at which time the value of the Products will be deducted from your Available Funds according to the Terms.
If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at the contact information at the end of these Terms. Please include your order number in all communications. You must submit a claim within thirty (30) days from your date of purchase.
Our Services are intended solely for users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older, that you are a legal resident of the United States, of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
In order to use the Services, you will be required to register an account. You agree to provide true, accurate, current and complete answers to questions we ask in order to provide certain Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Betabit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Betabit has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You may only register for one account and you agree to maintain the security of your account and accept all risks of unauthorized access to your account. You are responsible for maintaining the confidentiality of your credentials and account and are fully responsible for all activities that occur under your account. You agree to immediately notify Betabit of any unauthorized use of your account or any other breach of security. Betabit cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BETABIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE PRODUCTS CONTAINED THEREIN OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT BETABIT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. BETABIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE WILL BE (I) ACCURATE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE OR PRODUCTS WILL MEET YOUR EXPECTATIONS; (V) AND ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM ANY SUCH MATERIAL. BETABIT EXPERESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH LOCATION-BASED INFORMATION OR SCANNABLE BARCODES FOR PRODUCTS OBTAINED VIA ANY BETABIT SERVICE. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY BETABIT OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at your sole expense, to defend, indemnify and hold Betabit and our affiliates, officers, agents, employees, partners, licensors, service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to, or in any way incidental to your use of the Services or Products, your violation of these Terms, including the terms or rights of any third-party, or any items or content you transmit on or through the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BETABIT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE GIFT CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR GIFT PROMOTIONS), USER CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BETABIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BETABIT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE THOUSAND DOLLARS ($1,000.00).
You agree that in the event of any damage to or loss of a Betabit Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Products or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Products. You must submit a claim within thirty (30) days from your date of purchase.
Betabit logos and product and service names are or may be trademarks of Betabit, and without prior written permission, you agree not to display or use in any manner.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Betabit, you agree not to modify, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Betabit for use in accessing the Service.
Betabit reserves the right to change, suspend, remove, discontinue or disable access to the Services at any time and without notice. In no event will Betabit be liable for the removal of or disabling of access to any portion or feature of the Services. You agree that all terminations for cause shall be made in Betabit’s sole discretion and shall not be liable to you or any third party for any termination of your account, any associated data, or access to the Service. Your sole recourse and remedy is to receive a refund for any Products paid for but not processed or fulfilled, if any
Modification of Services
Betabit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Betabit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that the Service is or may be provided, as identified to you on the applicable Service-related web page, with or without cost, on a trial, demo, beta or other basis, and that Betabit may change, at any time, the conditions of your accessibility to the Service.
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services: (I) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you concerning the Services; (II) Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time; (III) Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; (IV) Use or attempt to use another user’s account without authorization; (V) Modify, adapt, hack or emulate the Services; (VI) Violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law, including (but not limited to) engage in any activity involving credit card fraud, money laundering, or identity theft. (VII) Infringe upon or violate the rights of Betabit, our users or any third-party.
Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. You acknowledge, consent and agree that Betabit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms, respond to your requests for customer service, or protect the rights, property or personal safety of Betabit, its users, third-parties and the public.
Third Party Services
Betabit may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) on the Services. Betabit does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. Your use of Third-Party Services and Third-Party Materials is at your own risk. Betabit is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Services or Third-Party Materials, including any loss, damage or harm of any sort incurred as a result of your use of Third-Party Services or Third-Party Materials. If you access or use any Third-Party Services or Third-Party Materials, Betabit’s terms and policies, including these Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third-Party Service to which you navigate from the Services. For the avoidance of doubt the terms and policies for Third-Party Services are solely between you and the Third-Party Services provider and not Betabit.
Third Party Content
Betabit does not control the information posted by third parties (“Third Party Content”) via the Service (including, but not limited to, the terms and conditions of the Merchant gift cards), and as such, does not guarantee the accuracy, integrity or quality of such Third Party Content. Under no circumstances will Betabit be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content. Betabit is not and shall not be responsible or liable for the accuracy, usefulness or availability of any Third Party Content transmitted or made available via the Service.
Betabit grants you permission to access and view the Services for the purposes stated on the Services. Any other use of the Services, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Services or Third Party Content. Without limiting the foregoing, unauthorized use of the Services or Third Party Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
You authorize Betabit to access information maintained by identified third parties (e.g., Merchant Gift Card balances and related information), on your behalf as your agent. Solely to provide you the services of Betabit, you appoint Betabit as your agent to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do yourself. You acknowledge and agree that when Betabit is accessing and retrieving information from third party sites, Betabit is acting as your agent, and not as the agent of or on behalf of the third party.
Suggestions and Feedback
Submitting ideas, suggestions, comments, plans, notes, documents, or proposals to Betabit, (collectively, “Feedback”), you acknowledge and agree that your Feedback does not contain confidential or proprietary information, and that Betabit is not under any obligation of confidentiality, express or implied, with respect to the Feedback, and shall become the sole property of Betabit. Betabit shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Betabit is based in the United States and our Services are subject to U.S. law. We make no representations or warranties that the Services are appropriate or available for use in other locations. If you choose to access or use the Services from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The Terms and the relationship between you and Betabit shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and Betabit agree to submit to the personal and exclusive jurisdiction of the courts located within Las Vegas, NV. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Las Vegas, NV, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).
For any questions or concerns regarding these Terms or Services, contact us at firstname.lastname@example.org.