Last updated on September 25, 2019
Benefit Barcode, Inc., a Delaware corporation (hereinafter “us”, “we”, “Benefit Barcode”, or “www.Bercode.com”) operates the www.Bercode.com website, contained within or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”).
We may update these Terms and Conditions from time to time without any notice to you. You agree that it is your responsibility to review the Site and these Terms and Conditions periodically to learn of any modifications. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms and Conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITONS, DO NOT USE THE SITE; YOU MUST LEAVE THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THE SITE.
The following terms and conditions (hereinafter the “Agreement”) govern your participation in the use of the Site, any other related products or services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use. Benefit Barcode may change, suspend or discontinue the Service at any time, including the availability of any feature, function, content or benefit. Benefit Barcode may also impose limits on certain features and services or restrict User's access to parts or all of the Service without notice or liability. Benefit Barcode reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via e-mail.
User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes User's acceptance and agreement of the terms and conditions of this Agreement as modified.
Notwithstanding the foregoing, Benefit Barcode may change any of its products, services, offers or rewards at any time with or without notice. The Service is available only to individuals who are at least 18 years of age. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
In order to purchase, redeem or use any products or services through the Site, or access certain other features of the Site, you may be required to register with an e-mail address and select a password. Your e-mail address shall serve as your username. If you register, you agree to provide us with accurate and complete registration data, and to inform us immediately of any updates or other changes to such data. You may not select or use a false name, or an e-mail address owned or controlled by another person with the intent to impersonate that person or use as a username a name that is subject to any rights of a person other than you without proper authorization. You will keep all such information updated and will not provide any third party with access to your account. Each User may only have one registered account.
As a condition of account registration, we require that you allow us to send you notifications via e-mail including informational and promotional e-mails. This is required so we can provide you with a convenient way to access your orders, view your past purchases, review your shopping cart, and modify your preferences. You may opt out of promotional e-mails at any time as set forth in our terms and conditions.
You are fully responsible for all activities that occur under your username and password, whether or not you authorize such activities. You are also responsible to maintain the security of any passwords or other account login information. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a username, for any reason.
“Bercode” refers to a randomly generated individual 18-digits code that Benefit Barcode generates, registers, monitors, and controls. The User may take advantage of certain discounts when uses the bercode. Bercodes are divided into various categories, where each of the categories refers to a different level of discount that may be accessed. Such levels are including: Basic, Light, Classic, Extra and Business. A bercode is valid for up to forty (40) months from the date when we generated it.
“Bercode Advantage” is an offer to the bercode holder to enable the bercode holder to take advantage of a specific discount extended by a Merchant to the bercode holders. Bercode holders may utilize an offered discount only if they in fact have hold and have access to a bercode virtually or in their physical form, a plastic card, a plastic key fob, a sticker, or other bercode carrier.
“Merchant Certificate (Voucher)” is a specific promotional offer of a Merchant specified on the certificate itself and made available through the Website that can be accessed or printed and then used for redeeming the offer at the Merchant location or website (Point of Acceptance).
“Benefit Barcode Specials (Special Offers)” is a promotional offer of Benefit Barcode to purchase the goods or services offered on the Site by us and/or third-party Merchant product.
3.2. After your valid registration with your e-mail address and password you will become a registered user of our Site (hereinafter “Registered User”) and you may register your previously acquired bercodes, purchase new bercodes or products/services in the webshop.
3.3. As a Registered User, if you choose to register your previously acquired bercodes and/or purchase new bercodes you will automatically become a bercode holder (hereinafter the “Codeholder”) and you may choose to issue bercodes or use discounts offered in the form of Merchant Certificates or Benefit Barcode Specials. Only Registered Users may become Codeholders. Detailed information on bercode holders is available in Annex 4.
3.4. As a Codeholder, if you choose to become a bercode issuer you may be authorized by Benefit Barcode to issue bercodes (hereinafter, a “Code Issuer”). Only Codeholders may become Code Issuers. Detailed information on bercode holders is available in Annex 2.
3.5. As a bercode holder, if you operate any kind of shop, store, market, restaurant or similarly valid and legal establishment, or a web shop you may choose to offer a discount to the bercode holders and become a bercode Merchant (hereinafter, a “Merchant”). Only Business level bercode holders may become Merchants with full rights. With the Basic, Light, Classic and Extra bercodes you may become a Merchant subject to restrictions. Detailed information on bercode Merchants is available in Annex 3.
3.6. As a Merchant, you may participate in our Priority Merchant program (hereinafter, a “Priority Merchant”). If you are a Merchant and wish to utilize our Website for your advantage by using our advertisements, you shall consent to pay Benefit Barcode a commission after the sales you generated and share your customers’ data with us. Only bercode Merchants may become Priority Merchants.
3.7. Bercode levels currently include Basic, Light, Classic, Extra and Business levels, respectively.
3.7.1. Basic: Opportunity to take advantage of a limited variety of discounts that are offered by some of the Priority Merchants.
3.7.2. Light: Opportunity to take advantage of an unlimited variety of discounts that are offered by some of the Priority Merchants.
3.7.3. Classic: Opportunity to take advantage of an unlimited variety of discounts that are offered by the Merchants.
3.7.4. Extra: Opportunity to take advantage of an unlimited variety of discounts that are offered by the Merchants, and additional special discounts that are offered by some of the Merchants, who typically provide premium services to their clientele.
3.7.5. Business: Opportunity to take advantage of an unlimited variety of discounts that are offered by the Merchants, and additional special discounts that are offered by some of the Merchants, who typically provide premium services to their clientele, as well as a potential revenue increase under certain circumstances in the case of small businesses serving areas defined in geographical terms as specific locales.
3.8. The current discounts linked to the bercodes and the list of Points of Accpetance are available in the Search Acceptance Points menu item.
3.9. The Basic and Light barcode levels are free of charge. The Classic, Extra and Business barcode levels are individually priced. The detailed pricing information is available in Annex 1.
4. PURCHASE OF SERVICES AND PRODUCTS
By engaging in a transaction, including registering on our Site, ordering any of the services or placing an order for any of the products, your activity is governed by our terms and conditions. The bercode upon issuance will be transferred to a plastic card, a plastic key fob, or a sticker. You may choose among various designs and select the form in which your bercode is issued. Our currently available forms to which you could have the bercode transferred include and are limited to a plastic card, a plastic key fob, or a sticker. This variety of the forms is subject to change, and the availability of them may vary. You may have a choice to design the appearance of the actual from you selected and how your bercode is displayed in such form. The combination of the available forms and designs may be selected under the “Design My Bercode” tab. You may experiment with various graphics including graphical or photographic items you may upload and design the version you like the most.
4.1. Pricing and Availability
Benefit Barcode does not guarantee availability of the Merchant Certificate, the Benefit Barcode Specials, and reserves the right to modify or discontinue the Merchant Certificate or the Benefit Barcode Specials at any time, or to add fees at any time. All Merchant Certificates and all Benefit Barcode Specials are subject to change, and the pricing of them may vary. Benefit Barcode reserves the right to cancel any order due to an error. Limited quantities of certain Merchant Certificates and all Benefit Barcode Specials may be available and any promotional offers or specials are good only while supplies last.
4.2. General Terms and Conditions for All Certificates and Specials
The following provisions apply to all Merchant Certificates and Benefit Barcode Specials:
4.2.1. Merchant Certificates and Benefit Barcode Specials have no cash value and are not redeemable for cash.
4.2.2. Merchant Certificates and Benefit Barcode Specials cannot be refunded, may not be applied to previously placed orders, cannot be combined with other promotions or offers, unless it is specifically stated otherwise.
4.2.3. The unauthorized reproduction, resale, modification, or trade of Merchant Certificates and Benefit Barcode Specials is prohibited and may result in their cancellation, and potential suspension or termination of your account.
4.2.4. Benefit Barcode is not responsible for lost, stolen, damaged or undeliverable Merchant Certificates and Benefit Barcode Specials, including those that may be lost in transmission.
4.2.5. Benefit Barcode does not guarantee delivery times of Merchant Certificate and Benefit Barcode Specials and any delivery times given are estimates only.
4.2.6. Offers may be subject to additional terms of conditions provided either by the participating Merchant or Benefit Barcode.
4.3. Bercode Issuance and bercode Production
The bercode may be issued by Benefit Barcode or a Code Issuer. However, the actual bercode issuance is arranged solely by Benefit Barcode via its own platform. The actual bercode issuance means that Benefit Barcode randomly generates an individual 18-digit code. Consequently, the production of the bercode means the transfer of the randomly generated individual 18-digit code that we created via our own platform, to a plastic card, a plastic key fob, or a sticker refers to the manufacturing of a form that displays the bercode. Only Benefit Barcode is authorized to produce the bercode in a form that was indicated by the bercode holder or a bercode issuer and requested from Benefit Barcode. Code Issuers are obligated to request the manufacturing of the bercode in the preferred form from Benefit Barcode. Accordingly, a bercode issuer may notify us in connection with the form and design selected and we confirm the availability of such combination. Designs that are in violation of our terms and conditions, or any laws will be rejected, and the bercode issuer will be informed about the rejection. Alternatively, a bercode issuer may decide to order a specific number of bercodes and indicate at the time of the order that the manufacturing of a form, i.e.: a plastic card, a plastic key fob, or a sticker is not requested to display the bercodes; instead the specific number of bercodes be transferred electronically to the bercode issuer as a batch of bercodes. The bercode issuer may transfer such bercodes received electronically as part of a batch to any item it deems appropriate. You may order the actual issuance of your bercode with or without the production thereof under the “Order My Bercode” tab.
4.4. The production of the bercode may be available for order through two different methods of manufacturing.
4.4.1. Retransfer Technology
Plastic card, a plastic key fob, or a sticker made with re-transferring technology have a maximum one (1) validity starting on the date when we issue the bercode. The bercode holder’s name and the validity period are displayed.
4.4.2. Offset Technology
Plastic card, a plastic key fob, or a sticker made with offset technology have an unlimited validity period as it could be revalidated each time as a new sticker displaying the validity period is requested and issued.
4.5. Bercode issuers may sell bercodes in line with Benefit Barcode’s pricing or set its own pricing and sell bercode in accordance with such prices that are set by Benefit Barcode as the mandatory minimum price for all bercode issuers. Bercode issuers may not publish a price other than the minimum price either in their own Benefit Barcode webshop or their own Internet interface. Bercode issuers may sell bercodes as a standalone item, a bercode on a plastic card, a plastic key fob, or a sticker, or have a different form or medium manufactured for displaying the bercode. Benefit Barcode issues and produces only plastic cards, plastic key fobs, or stickers in order to fulfill request submitted through “Order My Bercode”. Bercode issuers may procure other forms from service providers other than Benefit Barcode to have other forms to display a bercode. Benefit Barcode is not responsible for any bercodes that were transferred to a form other than the form in which Benefit Barcode originally displayed the bercode. Bercode issuers may sell bercodes online or offline.
4.6. Parties acknowledge and agree that the damages suffered by Benefit Barcode as a result of a breach by the bercode issuer of the covenant set forth in Section 4 hereof or in Annex 1 of this Agreement, governing the mandatory minimum price, may be difficult to determine with certainty and in an expeditious manner. In order to effectively cure the breach, as the alternative to other dispute resolution options set forth in Section 17, Parties agree that liquidated damages in the amount of $100,000.00 (One Hundred Thousand US Dollars) shall be awarded to Benefit Barcode in addition to any injunctive relief available under Section 17 hereof. The barcode issuer shall have the obligation to pay the aforementioned amount of liquidated damages to Benefit Barcode within ten business days from the receipt of Benefit Barcode’s notice regarding the breach, being sent via e-mail and dispatched on the same day as the e-mail via an overnight courier service. Parties acknowledge and agree that the aforementioned sum payable under this Section 4 shall constitute liquidated damages and not penalties, and are in addition to all other rights of the Parties available to them under the dispute resolution options set forth in Section 17.
4.7. The charges of using bercode Classic, bercode Extra, or bercode Business varies and depends on the quantity and the validity of bercodes issued by the bercode issuer. The minimum amount required for the issuance of the first batch of bercodes is contingent upon the level of the bercode, i.e.: Classic, Extra, or Business. For the details in connection with the minimum amounts and the pricing please see Annex 1.
5. OTHER SERVICES AND PRODUCTS
Benefit Barcode may add other products and services at any time. Such other services and products shall be considered part of the Service and may be subject to additional or different terms and conditions.
6. USE OF THE SITE
Your use of the Site is subject to all applicable laws and regulations. You understand and acknowledge that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Benefit Barcode. Benefit Barcode shall not be responsible for any data lost while transmitting information on the Internet. It is Benefit Barcode’s objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason including, without limitation, due to routine maintenance, update or upgrade. Benefit Barcode shall have the right at any time to change or discontinue any part or feature of the Site, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use.
Your unauthorized use may result in the cancellation, and potential suspension or termination of your account. Without limiting the applicability of any other provisions of the terms and conditions herein, you are hereby notified that you may not:
- Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or our content or our users’ content (collectively, the “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.
- Attempt to gain unauthorized access to any portion of the Site or any Content thereof, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means.
- Reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other user of our Site.
- Use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site.
- Use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with Benefit Barcode.
- Use the Site or any Content for any purpose that is unlawful or prohibited by the terms and conditions.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Site’s systems or networks, or any systems or networks connected to the Site.
- Remove any copyright, trademark, or other proprietary rights notice contained in or on the Site.
8. THIRD PARTY SITES AND LINKS
We may provide links to third party websites and permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. We are not responsible for the content of linked third party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. Unless you have executed a written agreement with Benefit Barcode expressly permitting you to do so, you may link to the Site. User acknowledges and agrees that Benefit Barcode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. These other websites are not under Benefit Barcode’s control, and User acknowledges that Benefit Barcode is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. We do not recommend or endorse the content of any third-party websites, and the inclusion of any such link does not imply endorsement by Benefit Barcode.
9.1. Benefit Barcode Content means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content, defined below, including but not limited to the Site as a collective work, its design and structure. Benefit Barcode Content is owned by or licensed to Benefit Barcode and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these terms and conditions, no Benefit Barcode Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these terms and conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.
9.2. User Content means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, survey responses and ratings and reviews. User Content does not include any Benefit Barcode Content.
9.2.1. As between you and us, subject to any licenses and rights expressly guaranteed herein, any User Content posted by you is owned by you.
9.2.2. You are solely responsible for your User Content. By providing User Content to us you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant, (i) Benefit Barcode and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these terms and conditions, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you provide to us.
9.2.3. If you submit any idea or expression of ideas within your User Content (hereinafter an “Idea”), you further agree as follows:
- To the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us, and doing so, and our use of the Idea, will not infringe upon any third party;
- Your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
- We have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
- Except to the extent these terms are superseded by a separate written agreement signed by you and Benefit Barcode, you hereby irrevocably release and discharge Benefit Barcode and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against Benefit Barcode and its affiliates with respect to the Idea.
9.2.4. Without limiting the applicability of any other provisions of these terms and conditions, you may not post, upload, or transmit any User Content that:
- Is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
- Promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
- Is false, misleading, or defamatory;
- Is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
- Provides personal data such as telephone numbers, home or e-mail addresses, full names or last names, or photographs;
- Involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
- Falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
- Contains restricted or password-only access pages or hidden pages or images;
- Involves commercial activities or sales without our express prior written consent; or
- Involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Benefit Barcode’s or any third-party web provider’s servers, computers, or networks.
9.2.5. We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content. The foregoing provisions apply equally to and are for the benefit of Benefit Barcode, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
10. COPYRIGHTS AND TRADEMARKS
Without limiting the applicability of any other provisions of these terms and conditions, you may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein. The foregoing provisions apply equally to and are for the benefit of Benefit Barcode, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If you believe any User Content or any other aspect of our Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the e-mail address below and we will provide you with our Copyright Agent’s contact information. Your notice must meet the requirements of the Digital Millennium Copyright Act (hereinafter the “DMCA”) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, e-mail address, and telephone number;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
11. WARRANTY DISCLAIMER
THE SITE, ALL CONTENT, ALL SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS AND BENEFIT BARCODE ON BEHALF OF ITSELF AND ALL TRANSACTION INFORMATION PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BENEFIT BARCODE MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. USER ACKNOWLEDGES THAT BENEFIT BARCODE IS NOT RESPONSIBLE FOR (I) ANY PRODUCTS OR SERVICES PROVIDED BY ANY MERCHANT, OR (II) ANY USER CONTENT OF THE AFFECTS OF SUCH CONTENT ON USER. USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK. BENEFIT BARCODE DISCLAIMS ANY AND ALL WARRANTIES FOR THIRD PARTY GOODS AND SERVICES RECEIVED THROUGH, OR IN CONNECTION WITH, OR ADVERTISED ON, THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL BENEFIT BARCODE, THE TRANSACTION INFORMATION PROVIDERS, OR ANY OF ITS OR THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTOR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION, (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, (IV) FOR ANY PARTICIPATING MERCHANT'S PRODUCTS, SERVICES, OFFERS, REWARDS OR ACTIVITIES, (V) FOR ANY DIRECT DAMAGES IN EXCESS OF IN THE AGGREGATE $100.00 (ONE HUNDERD US DOLLARS), OR (VI) FOR ANY DAMAGES RELATED TO ANY MATTERS BEYOND ITS REASONABLE CONTROL, SUCH AS ANY THIRD PARTY "HACKING", ISP OUTAGES, ETC. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.
In addition, Benefit Barcode shall not be liable for any loss or liability resulting, directly or indirectly, from User's inability to access or otherwise use the Site, including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. PRIVACY POLICIES AND COPPA
You agree to defend, indemnify, and hold Benefit Barcode and our affiliates harmless from and against any demands, loss, liability, claims, damages or expenses, including reasonable attorneys’ fees and costs, made against us by any third party due to, arising out of, or related to (i) your access to the Site or part thereof, (ii) User’s use or misuse of the Site, (iii) any User Content posted, uploaded or transmitted, or otherwise contributes by you, (iv) your use or distribution of any User Content, (v) your violation of our terms and conditions, (vi) any use of your username by you or any third party, (vii) the infringement or other violation by you, or any third party using your account or username, of any intellectual property or other right of any person, or (viii) gross negligence or willful misconduct,
In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of the terms and conditions or for any other reason.
We may send you notice with respect to the Site by sending an e-mail to the e-mail address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via e-mail.
17. DISPUTE RESOLUTION
The location of any dispute resolution, by arbitration or litigation, shall be in Los Angeles, California. Similarly, any action to enforcement an arbitration award must be brought in the state courts of the State of California located in Los Angeles County, California. You irrevocably consent to the jurisdiction of the aforementioned courts.
All disputes or claims arising out of or relating in any way to your visit to the Site, your purchase, redemption or use of any of our Services, our terms and conditions, this Agreement or our privacy policies shall be resolving by binding arbitration, rather than in court, except for matters that you may bring to small claims court. You acknowledge that you are foregoing your right to a trial by jury, and will not proceed in a lawsuit in state or federal court. Arbitration will be conducted by the American Arbitration Association (hereinafter “AAA”) pursuant to the AAA Commercial Arbitration Rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, where applicable, and be governed by the Federal Arbitration Act. The arbitrator shall honor the terms of this Agreement, follow applicable laws, and can issue reasonable relief, including monetary damages as well as injunctive, declaratory or statutory mandated relief.
17.2. No Class Action
All arbitration proceedings shall be individual arbitration. You expressly agree that no other claims may be joined with your claims. You further agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither you nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action. If any part of this Section of this Agreement, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to unenforceable, then the entire arbitration provision shall be null and void.
18. GOVERNING LAW
Our terms and conditions are governed by and construed in accordance with the internal laws of the State of California, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.
Any failure by Benefit Barcode to enforce or exercise any provisions of these terms and conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
20. MISCELLANEOUS TERMS
These terms and conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in and the remaining portions of this Agreement shall continue in full force and effect.
Annex 1 – Service Fees
Annex 2 – Rules concerning bercode issuers
Annex 3 – Rules concerning bercode merchants
Annex 4 – Rules concerning bercode holders
Annex 5 – Rules concerning bercode balance, method of payment and invoicing
End-user License Agreement
Social Media Guidelines
California Privacy Rights
Mobile Service Terms
Agreement on Reseller Business Solutions