Billfold LLC ("Billfold") has developed this Privacy Policy to describe the types of data we collect from you, and explain how we collect, process, share, store, and transfer the Personal Data that you provide and we otherwise obtain when you utilize our services, visit our website or the website of an affiliate or partner (collectively the "Services"). All collection, use, and disclosure of your Personal Data is governed under this Privacy Policy.
We may collect information about you when you visit our Sites or use our Services, including the following
Registration and use information – When you register to use our Services or establish a customer Account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services.
Transaction and experience information – When you use our Services or access our Sites, for example to make purchases from merchants or to process payments, we collect information about the transaction, as well as other information associated with the transaction such as amount paid for products or services, the types of products purchased, merchant information, including information about any funding instruments used to complete the transaction, device information, technical usage data and geolocation information.
Information about your friends and contacts – If you choose to connect your contact list information on your device and/or establish a connection between a social media platform and your Account, we will collect and use your contact list or friend list information to improve your experience when you use the Services.
Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Statement.
Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law.
Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey.
We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Statement.
We may Process your information for the following reasons:
To operate the Sites and provide the Services
To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites' performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services.
To manage risk and protect the Sites, the Services and you from fraud by verifying your identity
To market to you about Billfold products and Services and the products and services of our partners. We may also Process your Personal Data to tailor the marketing content and certain Services or Site experiences to better match our understanding of your interests on Billfold and other third-party websites.
To provide personalized Services offered by Billfold on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Statement to provide a targeted display, feature, Services or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as merchants, advertising or analytics companies to provide these online services.
To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content.
To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations.
To make it easier for you to find and connect with others, we may use your information you have shared with the Service to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your contacts' use of the Services, and information you and others provide to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service.
To respond to your requests, for example to contact you about a question you submitted to our customer service team.
To send you promotional materials (including emails) from us or on behalf of our affiliates and business partners.
We may share your Personal Data or other information for the following reasons:
With other members of the Billfold corporate family: We may share your Personal Data with members of the Billfold family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of Billfold products, Services, and communications.
With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support.
With the other parties to transactions when you use the Services, such as merchants, and their service providers: We may share information about you and your Account with the other parties involved in processing your transactions. This includes other Users you are sending or receiving funds from, and merchants and their service providers. The information might include:
With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for Billfold's business purposes or as permitted or required by law, including:
if we need to do so to comply with a law, legal process or regulations;
to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to Billfold or Billfold's corporate family;
if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
to protect the vital interests of a person;
to investigate violations of or enforce a user agreement or other legal terms applicable to any Service;
to protect our property, Services and legal rights;
to facilitate a purchase or sale of all or part of Billfold's business;
in connection with shipping and related services for purchases made using a Service;
to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants.;
to banking partners as required by card association rules for inclusion on their list of terminated merchants;
to credit reporting and collection agencies;
to companies that we plan to merge with or be acquired by; and
to support our audit, compliance, and corporate governance functions.
With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform.
When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies") to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible.
You have choices when it comes to the privacy practices and communications described in this Privacy Statement. Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site. You may be provided with instructions and prompts within the experiences as you navigate the Services.
Choices Relating to the Personal Data We Collect
Personal Data. You may decline to provide Personal Data when it is requested by Billfold, but certain Services or all of the Services may be unavailable to you.
Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that Billfold may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device.
Choices Relating to Our Use of Your Personal Data
Online Tracking and Interest-Based Advertising. We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites.
Finding and connecting with others. If available, you may manage your preferences for finding and connecting with others from your account of the Service you use.
Choices Relating to Account Connection
If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have.
Choices Relating to Cookies
You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site.
You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site. For example, you may be asked if you want the Service or Site to "remember" certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them.
Choices Relating to Your Registration and Account Information
If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data.
Choices Relating to Communication
Notices, Alerts and Updates from Us:
Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer, as well as the products and services of unaffiliated third parties through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications. You may opt out of these marketing communications by following the instructions in the communications you receive. If you have an Account with us, you may also adjust your communication preferences in your Account settings. For messages sent via push notifications, you may manage your preferences in your device.
Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to adjust the media and format through which you receive these notices.
We and certain business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies") to recognize you and to otherwise customize your experience and other content and advertising we and our partners may send you; measure the effectiveness of promotions; and mitigate risk, prevent potential fraud, and promote trust and safety across the Billfold Services. Certain aspects and features of the Billfold Services are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Billfold Services may be limited or not possible. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them — we don't mind! In order to disable cookies, please consult your browser's help section for instructions. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website. The following websites listed provides further information and instructions for how you can opt out of receiving targeted advertising completely:
Digital Advertising Alliance (DAA) opt-out site: aboutads.info
Network Advertising Initiative (NAI) opt-out site: networkadvertising.org/choices
Europe: the European Digital Advertising Alliance (EDAA) opt-out site: youronlinechoices.eu.
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized.
Upon request Billfold LLC. will provide you with information about whether we hold any of your personal information or are processing information that we have collected from you. You may access, correct, or request deletion of your personal information by emailing support@billfoldpos.com
Billfold LLC gives you the ability to edit your Billfold LLC Account Information and preferences at any time by notifying us of the changes you wish to make by emailing support@billfoldpos.com. You may request deletion of your Billfold LLC account or information by emailing support@billfoldpos.com. Please note that for personal information about you that we have obtained or received for processing on behalf of a separate, unaffiliated entity–which determines the means and purposes of processing, all such requests should be made to that entity directly. We will honor and support any instructions they provide us with respect to your personal information.
All inquiries will receive responses within 30 days of our receipt of them.
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request via your provided email within a 30-45 day time timeframe and provide you with an explanation.
Please be advised that some statistical information may possibly remain in our archived records after your account has been deleted. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
For California Residents: Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We only use personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us f you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
We may revise this Privacy Statement from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Statement will be effective as of the published effective date.
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States and elsewhere in the world. We will protect your information as described in this Privacy Statement if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction.
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt out of such information sharing. We have such a policy. As discussed above, if you want to opt out of any sharing of your information please contact us.
If you visit our website from the European Economic Area ("EEA") and choose to sign up for our marketing emails, we will process your personal information to send you marketing communications. The legal basis for such processing is our legitimate interest in providing you information that may be of interest to you. If you have questions about Billfold's data practices or would like to exercise other rights that may be available to you under local law, please contact us.
Our policy allowing customers to opt out of information sharing with third parties for marketing purposes also applies to our Canadian customers. In addition, when we collect or otherwise acquire personal information about Canadian customers from third parties, where we enter into a contract with the third party, which requires them to ensure and provide assurances to us that they obtained informed express consent to disclose your personal information to us. If you want to know if we have obtained any information from a third party, or have any questions or concerns about the collection, use, disclosure, or correction of your personal information, please contact us. Your personal information may be stored and accessed by us in Canada and the United States. We use third-party service providers, which may be located in, or may have servers in the United States or another country. Your information may be accessible to governmental and law enforcement organizations in those countries. We do not authorize any of our service providers to make any other use or disclosure of your information. We transfer your information to these third-party service providers only to the extent necessary for them to perform the services on our behalf. If you would like to opt-out of the provision of your information for this purpose, please contact us.
We may transfer personal information to other countries, for example, for customer service or to process transactions.
California: If your Billfold account has a California mailing address, we will not share personal information we collect about you except to the extent permitted under California law.
Vermont: If your Billfold account has a Vermont mailing address, we will not share personal information we collect about you with non-affiliates unless the law allows or you provide authorization.
Nevada: If your Billfold account has a Nevada mailing address, we are providing this notice pursuant to Nevada law. If you prefer not to receive marketing calls from Billfold, you may be placed on our internal Do Not Call List by calling contacting us.
You may contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data.
We want to make sure your questions go to the right place: Click here to contact us
Account means a Patron or Merchant account to purchase or sell goods and services via the Services.
Billfold means Billfold LLC and subsidiaries or affiliates. In this Privacy Statement, Billfold is sometimes referred to as "we," "us," or "our," depending on the context.
Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device's network connections; your device's name; your device's IP address; information about your device's web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device.
Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them.
Merchant means an individual or entity User that uses the Services to sell goods and/or Services.
Patron means an individual User that uses the Services to purchase goods and/or services.
Personal Data means personal information that can be associated with an identified or identifiable person. "Personal Data" can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver's license number, national ID, passport, Social Security number and Taxpayer ID). Personal Data does not include information that does not identify a specific User.
Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Billfold.
Sites means the websites, mobile apps, official social media platforms, or other online properties through which Billfold offers the Services and which has posted or linked to this Privacy Statement.
Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.
User means a Patron or Merchant who uses the Services or accesses the Sites and has established a relationship with Billfold (for example, by opening an Account and agreeing to the Billfold Terms of Service) or otherwise uses the Services as a buyer, seller or other type of participant to a transaction.
We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This policy explains how and why we collect, use, hold and disclose your personal information.
"We", "us" and "our" means Billfold Solutions Pty Ltd (ABN 90 648 205 921) of 66 Oxford St, Darlinghurst, New South Wales, 2010, Australia.
You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
Personal information is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.
We collect information about you and your interactions with us, for example, when you purchase or use any of our products or services, call us [, interact with our chatbot] or otherwise visit our website. The information we collect from you may include your identity and contact details, your history of purchases and use of our products and services and details of enquiries or complaints you make.
We may collect information about how you access, use and interact with the website. We do this by using a range of tools such as Google Analytics, for example. This information may include:
the location from which you have come to the site and the pages you have visited; and
technical data, which may include IP address, the types of devices you are using to access the website, device attributes, browser type, language and operating system; and
if you request a demo through our Site, we may collect your name, email address and phone number.
We use cookies on the website. A cookie is a small text file that the website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.
We collect, hold and use your personal information so that we can:
provide you with products and services, and manage our relationship with you;
contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
comply with our legal obligations and assist government and law enforcement agencies or regulators; or
identify and tell you about other products or services that we think may be of interest to you.
If you do not provide us with your personal information, we may not be able to provide you with our services, communicate with you or respond to your enquiries.
We will collect your personal information directly from you whenever you interact with us.
We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you is recorded in paper files that we store securely.
We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.
These processes and systems include:
the use of identity and access management technologies to control access to systems on which information is processed and stored;
requiring all employees to comply with internal information security policies and keep information secure;
requiring all employees to complete training about information security; and
monitoring and regularly reviewing our practise against our own policies and against industry best practice.
We will also take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected or for any secondary purpose permitted under the APPs.
We may transfer or disclose your personal information to our related companies.
We may disclose personal information to external service providers so that they may perform services for us or on our behalf.
We may also disclose your personal information to others where:
we are required or authorised by law to do so;
you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
we are otherwise permitted to disclose the information under the Privacy Act.
If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.
We may disclose your personal information to recipients which are located outside Australia. Those recipients are likely to be located in the United States of America.
We may use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. These products and services may be offered by us, our related companies, our other business partners or our service providers.
Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.
You may access or request correction of the personal information that we hold about you by contacting us, to the extent that we in fact do hold your personal information. Our contact details are set out below. There are some circumstances in which we are not required to give you access to your personal information.
There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
We will respond to your requests to access or correct personal information within a 30 day time frame and will take all reasonable steps to ensure that the personal information we hold about you remains accurate and up to date.
If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) for guidance on alternative courses of action which may be available.
If you have any questions, comments, requests or concerns, please contact us at: Billfold Solutions Pty Ltd (ABN 90 648 205 921), Suite 6, Level 2, 66 Oxford Street, Darlinghurst, New South Wales, 2010or at support@billfoldpos.com
From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website.
You may obtain a copy of our current policy from our website or by contacting us at the contact details above.
Billfold UK Limited ("Billfold") respects your privacy and is committed to protecting your personal data. We have developed this Privacy Policy to describe the types of data we collect from you, and explain how we collect, process, share, store, and transfer the Personal Data that you provide and we otherwise obtain when you use our services, visit our website or the website of an affiliate or partner (collectively the "Services") regardless of where you visit from. All collection, use, and disclosure of your Personal Data is governed by this Privacy Policy.
We encourage you to read this Privacy Policy before using the Site or submitting any personal data. Your use of the Site signifies your agreement to our processing of your personal data as described in this Policy and that you agree to all of the terms of this Policy. If you do not agree with our policies and practices, we ask that you do not access the Site.
We may collect information about you when you visit our Sites or use our Services, including the following
Registration and use information – When you register to use our Services or establish a customer Account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services.
Transaction and experience information – When you use our Services or access our Sites, for example to make purchases from merchants or to process payments, we collect information about the transaction, as well as other information associated with the transaction such as amount paid for products or services, the types of products purchased, merchant information, including information about any funding instruments used to complete the transaction, device information, technical usage data and geolocation information.
Demographic information (such as your gender and occupation),
Information about your friends and contacts – If you choose to connect your contact list information on your device and/or establish a connection between a social media platform and your Account, we will collect and use your contact list or friend list information to improve your experience when you use the Services.
Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Statement.
Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law.
Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey.
Aggregated Data. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period if it is in our legitimate business interests and not prohibited by law, for example in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Statement.
We may Process your information for the following reasons:
To operate the Sites and provide the Services
To manage our business needs, such as monitoring, analysing, and improving the Services and the Sites' performance and functionality. For example, we analyse User behaviour and perform research about the way you use our Services.
To manage risk and protect the Sites, the Services and you from fraud by verifying your identity
To market to you about Billfold products and Services and, where you have elected to allow us to do so, the products and services of our partners. We may also Process your Personal Data to tailor the marketing content and certain Services or Site experiences to better match our understanding of your interests on Billfold and other third-party websites.
To provide personalised Services offered by Billfold on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Statement to provide a targeted display, feature, Services or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as merchants, advertising or analytics companies to provide these online services.
To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content.
To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations.
To make it easier for you to find and connect with others, we may use your information you have shared with the Service to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your contacts' use of the Services, and information you and others provide to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service.
To respond to your requests, for example to contact you about a question you submitted to our customer service team.
To send you promotional materials (including emails) from us or on behalf of our affiliates and business partners.
We may share your Personal Data or other information for the following reasons:
With other members of the Billfold corporate family: We may share your Personal Data with members of the Billfold family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of Billfold products, Services, and communications.
With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support.
With the other parties to transactions when you use the Services, such as merchants, and their service providers: We may share information about you and your Account with the other parties involved in processing your transactions. This includes other Users you are sending or receiving funds from, and merchants and their service providers. The information might include:
With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for Billfold's business purposes or as permitted or required by law, including:
if we need to do so to comply with a law, legal process or regulations;
to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to Billfold or Billfold's corporate family;
if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
to protect the vital interests of a person;
to investigate violations of or enforce a user agreement or other legal terms applicable to any Service;
to protect our property, Services and legal rights;
to facilitate a purchase or sale of all or part of Billfold's business;
in connection with shipping and related services for purchases made using a Service;
to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants.;
to banking partners as required by card association rules for inclusion on their list of terminated merchants;
to credit reporting and collection agencies;
to companies that we plan to merge with or be acquired by; and
to support our audit, compliance, and corporate governance functions.
With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform.
When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies"). A Cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use Cookies to recognise you as a User and to customise your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible.
You have choices when it comes to the privacy practices and communications described in this Privacy Statement. Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site. You may be provided with instructions and prompts within the experiences as you navigate the Services.
Choices Relating to the Personal Data We Collect
Personal Data. You may decline to provide Personal Data when it is requested by Billfold, but certain Services or all of the Services may be unavailable to you.
Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that Billfold may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device.
Choices Relating to Our Use of Your Personal Data
Online Tracking and Interest-Based Advertising. We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites.
Finding and connecting with others. If available, you may manage your preferences for finding and connecting with others from your account of the Service you use.
Choices Relating to Account Connection
If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have.
Choices Relating to Cookies
You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site.
You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site. For example, you may be asked if you want the Service or Site to "remember" certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them.
Choices Relating to Your Registration and Account Information
If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data.
Choices Relating to Communication
Notices, Alerts and Updates from Us:
Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer, as well as the products and services of unaffiliated third parties through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications. You may opt out of these marketing communications by following the instructions in the communications you receive. If you have an Account with us, you may also adjust your communication preferences in your Account settings. For messages sent via push notifications, you may manage your preferences in your device.
Links. We may display advertisements from third parties and may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We cannot control or be held responsible for third parties' privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.
Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to adjust the media and format through which you receive these notices.
We and certain business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies") to recognize you and to otherwise customize your experience and other content and advertising we and our partners may send you; measure the effectiveness of promotions; and mitigate risk, prevent potential fraud, and promote trust and safety across the Billfold Services. Certain aspects and features of the Billfold Services are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Billfold Services may be limited or not possible. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them — we don't mind! In order to disable cookies, please consult your browser's help section for instructions. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website. The following websites listed provides further information and instructions for how you can opt out of receiving targeted advertising completely:
Digital Advertising Alliance (DAA) opt-out site: aboutads.info
Network Advertising Initiative (NAI) opt-out site: networkadvertising.org/choices
Europe: the European Digital Advertising Alliance (EDAA) opt-out site: youronlinechoices.eu.
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorised.
We will notify you and any applicable regulator of a breach where we are legally required to do so.
The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us f you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
We may revise this Privacy Statement from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Statement will be effective as of the published effective date.
We share your personal data within the Billfold Group. This may involve transferring your data outside of the country in which you reside. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules". Our external third parties are based in several jurisdictions so their processing of your personal data may involve a transfer of data outside of the country in which you reside. Whenever we transfer your personal data outside of the country in which you reside, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contracts which provide for personal data to be given the same protection as set out in this Privacy Policy.
If you visit our website from the European Economic Area ("EEA") and choose to sign up for our marketing emails, we will process your personal information to send you marketing communications. The legal basis for such processing is our legitimate interest in providing you information that may be of interest to you. If you have questions about Billfold's data practices or would like to exercise other rights that may be available to you under local law, please contact us.
If you visit our website from the European Economic Area ("EEA") and choose to sign up for our marketing emails, we will process your personal information to send you marketing communications. The legal basis for such processing is our legitimate interest in providing you information that may be of interest to you. If you have questions about Billfold's data practices or would like to exercise other rights that may be available to you under local law, please contact us.
BILLFOLD UK LIMITED
869 HIGH ROAD
NORTH FINCHLEY
LONDON
N12 8QA
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Full name of legal entity: Billfold UK Limited
Telephone number: +1 877 734-3767
You can also contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data.
We want to make sure your questions go to the right place: Click here to contact us
Account means a Patron or Merchant account to purchase or sell goods and services via the Services.
Billfold means Billfold LLC and subsidiaries or affiliates. In this Privacy Statement, Billfold is sometimes referred to as "we," "us," or "our," depending on the context.
Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device's network connections; your device's name; your device's IP address; information about your device's web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device.
Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them.
Merchant means an individual or entity User that uses the Services to sell goods and/or Services.
Patron means an individual User that uses the Services to purchase goods and/or services.
Personal Data means personal information that can be associated with an identified or identifiable person. "Personal Data" can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver's license number, national ID, passport, Social Security number and Taxpayer ID). Personal Data does not include information that does not identify a specific User.
Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Billfold.
Sites means the websites, mobile apps, official social media platforms, or other online properties through which Billfold offers the Services and which has posted or linked to this Privacy Statement.
Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.
User means a Patron or Merchant who uses the Services or accesses the Sites and has established a relationship with Billfold (for example, by opening an Account and agreeing to the Billfold Terms of Service) or otherwise uses the Services as a buyer, seller or other type of participant to a transaction.
1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold LLC (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services).
1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.
1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.
2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.
2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.
By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.
Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.
The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Licensee. The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. Sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in USD dollars. Subject to (Clause 25).
6.1. The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company. Subject to (Clause 25).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8.1. You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:
8.1.1. attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System;
8.1.2. attempting to impersonate another user;
8.1.3. criminal or tortious activity;
8.1.4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;
8.1.5. deleting the copyright or other proprietary rights notice from any System content;
8.1.6. engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;
8.1.7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;
8.1.8. harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;
8.1.9. interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;
8.1.10. making any unauthorized use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
8.1.11. selling or transferring your account;
8.1.12. systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
8.1.13. tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;
8.1.14. using any information obtained from the System in order to harass, abuse, or harm another person;
8.1.15. using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or
8.1.16. using the System in a manner inconsistent with any applicable laws and regulations.
9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United States and/or other countries. Company\'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited license to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.
The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.
11.1. The Company reserves the right, but does not have the obligation, to:
11.2. monitor the System, Company Services and the event for violations of this Agreement;
11.3. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
11.4. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;
11.5. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and
11.6. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.
12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.
12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.
12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.
12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
12.5. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A LICENSEE REPRESENTATIVE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
12.6. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.1. To Agreement
Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.
13.2. To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.
14.1. Between Users
If there is a dispute between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
14.2. With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of the State of New York, excluding such state's conflicts of law rules. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, State of New York; subject, however, to the right of Company, at the Company\'s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the System and/or the Company Services (including your use of the System and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys\' fees and costs if we have to take any legal action to enforce this Agreement. Subject to (Clause 25).
Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;
16.1.2. OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHR
16.1.3. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
16.1.4. OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
16.1.4.1. (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
16.1.4.2. (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
16.1.4.3. (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
16.1.4.4. (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;
16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;
16.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;
16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND
16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
16.5.1. (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
16.5.2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT,
16.5.3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
16.5.4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES,
16.5.5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR
16.5.6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
17.2. THE USE OR INABILITY TO USE OUR SERVICE;
17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND
17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
17.2.5. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner and provided us with a valid way to contact you.
You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.
Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
24.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.
24.2. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company\'s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.
25.1. Notwithstanding anything to the contrary herein, you understand that
25.1.1. (i) Company is the merchant of record for the transactions contemplated hereunder,
25.1.2. (ii) that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services, and
25.1.3. (iii) to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:
Billfold LLC
240 Kent Ave.
K3 / B42
Brooklyn, NY 11249
Email: tos@billfoldpos.com
1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold Solutions Pty Ltd (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services).
1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.
1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.
2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.
2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.
By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.
Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.
The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Merchant of Record Subject to (Clause 25). The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. Sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in AUD dollars.
6.1. Onsite Refund Policy: The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System onsite. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company onsite. Subject to (Clause 25).
6.2. Offsite Refund Policy: All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Company. Under no circumstance will refunds will be issued by Company onsite. Subject to (Clause 25).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8.1. You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:
8.1.1. attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System;
8.1.2. attempting to impersonate another user;
8.1.3. criminal or tortious activity;
8.1.4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;
8.1.5. deleting the copyright or other proprietary rights notice from any System content;
8.1.6. engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;
8.1.7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;
8.1.8. harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;
8.1.9. interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;
8.1.10. making any unauthorized use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
8.1.11. selling or transferring your account;
8.1.12. systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
8.1.13. tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;
8.1.14. using any information obtained from the System in order to harass, abuse, or harm another person;
8.1.15. using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or
8.1.16. using the System in a manner inconsistent with any applicable laws and regulations.
9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United States and/or other countries. Company\'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited license to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.
The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.
11.1. The Company reserves the right, but does not have the obligation, to:
11.2. monitor the System, Company Services and the event for violations of this Agreement;
11.3. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
11.4. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;
11.5. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and
11.6. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.
12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.
12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.
12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.
12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
12.5. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A LICENSEE REPRESENTATIVE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
12.6. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.1. To Agreement
Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.
13.2. To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.
14.1. Between Users
If there is a complaint between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a complaint with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
14.2. With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of the State of New York, excluding such state's conflicts of law rules. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, State of New York; subject, however, to the right of Company, at the Company\'s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the System and/or the Company Services (including your use of the System and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys\' fees and costs if we have to take any legal action to enforce this Agreement. Subject to (Clause 25).
Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;
16.1.2. OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHR
16.1.3. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
16.1.4. OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
16.1.4.1. (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
16.1.4.2. (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
16.1.4.3. (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
16.1.4.4. (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;
16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;
16.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;
16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND
16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
16.5.1. (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
16.5.2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT,
16.5.3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
16.5.4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES,
16.5.5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR
16.5.6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
17.2. THE USE OR INABILITY TO USE OUR SERVICE;
17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND
17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
17.2.5. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner and provided us with a valid way to contact you.
You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.
Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
24.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.
24.2. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company\'s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.
25.1. Notwithstanding anything to the contrary herein, you understand that
25.1.1. (i) Company is the merchant of record for the transactions contemplated hereunder,
25.1.2. (ii) that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services, and
25.1.3. (iii) to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:
Billfold Solutions Pty Ltd
66 Oxford St, Darlinghurst,
New South Wales, 2010
Email: tos@billfoldpos.com
1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold UK Limited (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services").
1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.
1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.
2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.
2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.
By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.
Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.
The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Licensee. The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. VAT or other applicable sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in pounds sterling.
The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:
8.1 attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System; attempting to impersonate another user;
8.2 criminal, tortious or other illegal activity;
8.3 deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;
8.4 deleting the copyright or other proprietary rights notice from any System content;
8.5 engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;
8.6 except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;
8.7 harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;
8.8 interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;
8.9 making any unauthorised use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretences;
8.10 selling or transferring your account;
8.11 systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
8.12 tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;
8.13 using any information obtained from the System in order to harass, abuse, or harm another person;
8.14 using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or
8.15 using the System in a manner inconsistent with any applicable laws and regulations.
9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United Kingdom, EEA, United States and other foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United Kingdom, the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited licence to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.
The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.
The Company reserves the right, but does not have the obligation, to:
11.1. monitor the System, Company Services and the event for violations of this Agreement;
11.2. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
11.3. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;
11.4. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and
11.5. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.
12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.
12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.
12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.
12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
12.5. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
13.1. To Agreement
Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.
13.2. To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.
14.1. Between Users
If there is a dispute between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
14.2. With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of England and Wales. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in the courts of England and Wales; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement.
Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;
16.1.2. WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
16.1.3. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;
16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;
16.3. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;
16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND
16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
16.5.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;16.5.3 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT;
16.5.2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
16.5.3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES;
16.5.4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR
16.5.5. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
17.2. THE USE OR INABILITY TO USE OUR SERVICE;
17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND
17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defence of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THE TERMS OF THIS AGREEMENT.
Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorised manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorised manner and provided us with a valid way to contact you.
You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data. Use of your data will be subject to our Privacy Policy which can be found here.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.
Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
25.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.
25.2 The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Nothing in this Agreement shall confer on any third party the rights to enforce any provisions of this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.
Notwithstanding anything to the contrary herein, you understand that
26.1 Company is the merchant of record for the transactions contemplated hereunder;
26.2 that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services; and
26.3 to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:
