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This User Agreement (“Agreement”) is a deal between you and OfferBooth that applies to your use of OfferBooth’s listing, Products and services (the “Services”). Except as set forth below, “OfferBooth” shall mean location - based services. |
By registering an account with OfferBooth or using any of the Listing, Products, and Services, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy and Mobile App , and you acknowledge and agree that you will be bound by these agreements and policies. This section of this Agreement governs how this Agreement may be changed over time. The text in the boxes throughout this Agreement is there to help you understand the Agreement, but is not part of the Agreement. If after reading this Agreement in its entirety you are still unsure of anything or you have any questions, please Contact Support. 1. Eligibility; LimitationsYou must be an individual of at least 13 years of age before you enter into this Agreement. In order to link a bank account or debit card to your account, you must be at least 18 years of age. You cannot link a business bank account or card to OfferBooth and OfferBooth does not currently support business or merchant accounts (even if you link a personal bank account or debit card). Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of our Listing, Products and Services. 2. Registration Process; Identity VerificationYou may register only one (1) OfferBooth Account. If you open additional
accounts, we reserve the right to immediately close such additional
accounts and transfer any balance to your other OfferBooth Account
or return it to the original funding source. In order to prevent fraud and to comply with federal and state laws, if you want to link a bank account or debit card in order to make a deposit, we need to make sure that you are who you say you are. 3. PrivacyWe are committed to protecting your personal information and helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, as it provides details on how your personal information is collected, stored, protected, and used. 4. CommunicationsBy entering into this Agreement, you agree to receive electronic communications and notifications in accordance with our Consent Policy. Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically. This Agreement is provided to you and concluded in English. We will also communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services. 5. Security of User InformationYou are responsible for maintaining the confidentiality and security
of any and all account names, user IDs, passwords, personal identification
numbers (PINs) and mobile unlock codes that you use to access the
Services. You are responsible for keeping your email address up to
date in your OfferBooth Account profile and for maintaining the confidentiality
of your user information. You agree to (i) notify OfferBooth immediately
if you become aware of any unauthorized use of the Listing, Businesses
and Services or any other breach of security regarding the Services
and (ii) enable all relevant security features such as two-factor
authentication and PIN Code or TouchID access control. Offerbooth
will not be liable for any loss or damage arising from your failure
to protect your account information. We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your OfferBooth password but also the email account associated with your account and any device used to access your account. 6. Account Suspension & ClosureWe may, in our sole and absolute discretion, without liability to you
or any third party, refuse to let you open an account, suspend your
account, or terminate your account or your use of one or more of
the Services. Such actions may be taken as a result of account inactivity,
failure to respond to customer support requests, failure to positively
identify you or your violation of the terms of this Agreement (including,
but not limited to this section. If you have a balance remaining
in an OfferBooth Account which has been suspended or closed, you
will be able to recover such funds, unless prohibited by law or a
court order or where we have determined that such funds were obtained
fraudulently. OfferBooth shall have full discretion as to the means
by which you will receive such funds following our decision to return
such funds. We reserve the right to require you to provide further
identifying information before processing such transfer requests
and to delay or prohibit such transaction if we believe fraudulent
or illegal activity has occurred. If you are unable to login to your
OfferBooth Account, you will need to Contact Support to process such withdrawal. If we suspect you are using your OfferBooth Account in violation of laws or this Agreement, we can close your account. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account. 7. Services; Third PartiesOfferBooth provides you with a secure and convenient way to establish
an account for purposes of (i) depositing funds from a linked bank
account debit card or credit card (if available), (ii) holding anaccount
balance, (iii) sending and receiving fiat currency with other Offerbooth
users, and (iv) sending and receiving currency; provided that any
of these Services can be discontinued at any time in accordance with
this section. If you use your Offerbooth Account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party. For more information on how to transact safely, please see this Help Center. 8. Mobile ServicesTo the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number. In order to maintain the security of your account, two-factor authentication is required. That means that you need to have a valid phone and update your account information if your phone number changes. 9. Fees; AuthorizationExcept as disclosed in this Section or as disclosed to you prior to confirming a transaction that would incur a fee, OfferBooth does not charge any fees for deposits from bank accounts or debit cards, storing funds, or sending or receiving funds. If you choose to deposit funds using a credit card (if available to you), you will incur a percentage-based fee that will be disclosed to you at the time of such deposit. You also agree to pay any other fees that are disclosed to you with respect to the Services or that may be charged by your bank. If you link a bank account or a debit card to your OfferBooth Account, you should not be charged any fees for deposits. If you choose to deposit by credit card, there will be a processing charge and it is possible that your bank might charge additional fees such as cash advance. By linking a bank account, debit card, or credit card to your account,
you authorize OfferBooth to communicate with your bank or card issuer
to provide or obtain any information required by OfferBooth or your
bank or card issuer in connection with providing the Services to
you. By providing this information your bank is neither endorsing
OfferBooth nor is it in any way responsible for the Services. 10. Transaction LimitsOfferBooth reserves the right to change the deposit, transaction, conversion, storage, and velocity limits on your account as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of deposits or withdrawals you make during any specified time period. A “velocity limit” relates to the speed and frequency of transactions. If you are making 1,000 deposits per day, we might need to slow you down a bit. 11. Right to Change/Remove Features or Suspend/Delay TransactionsWe reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any transactions without prior notice and may limit or suspend your use of one or more Listing, Businesses and Services at any time, in our sole discretion. Suspension of your use of any of the Listing, Businesses and Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay transaction if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement. 12. Insufficient FundsIf at any point your account has a negative balance (as a result of a deposit being charged back, rejected, reversed or otherwise), OfferBooth may deduct amounts you owe from the balance of your account from funds you subsequently deposit or receive into your account or from any other OfferBooth Account that you hold. If OfferBooth requests that you complete a deposit in order to resolve a negative balance issue and you fail to do so, you authorize OfferBooth to initiate a deposit in the amount of such deficiency from your linked bank account or debit card. If you have more than one account, OfferBooth may set off the negative balance in one account by using any balance that you hold in your other accounts (and then close such additional accounts). 13. Refunds; ReversalsOnce a transaction has been initiated, it cannot be reversed. Deposits using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your OfferBooth Account. 14. Restricted ActivitiesIn connection with your use of our Listing, Businesses and Services, you hereby agree that you will not:
15. Prohibited PaymentsUsing the Services to make the following types of payments is prohibited, and OfferBooth reserves the right to monitor for payments that relate to:
We understand that gambling may be legal in your jurisdiction, but unfortunately we cannot allow you to use OfferBooth in connection with these activities.
In the event that OfferBooth learns that you are making any such prohibited payments, OfferBooth may suspend or terminate your OfferBooth Account. 16. Unauthorized TransactionsIf an Unauthorized Transaction (as defined below) or Error (as defined
below) occurs through your account, and you follow the procedures
set forth in this Section, OfferBooth will reimburse you for the
amount of any eligible Unauthorized Transaction and any losses resulting
from an Error, subject to the limitations set forth in this Section.
For example, if someone steals your phone and makes a payment without your permission, it would constitute an Unauthorized Transaction. However, if you share your login credentials with someone who then sends money without your permission, that would not constitute an Unauthorized Transaction. For purposes of this Section, an “Error” means one of the following:
(i) if your bank account, debit card or credit card is charged for
a deposit, OfferBooth receives the funds, but it doesn’t show up
in your account, (ii) if you complete a transaction and the funds
are not properly delivered by debit card or credit card, (iii) if
you send a payment and we debit your account for an amount in excess
of the send amount, (iv) if you receive a payment and we do not add
the proper amount to your account, (v) if the transaction records
in your OfferBooth Account do not accurately reflect your transactions. Remember, if your OfferBooth -enabled phone is ever lost or stolen, in addition to notifying OfferBooth immediately, you can also login on another device and force all other active devices and sessions to be logged out through the Settings menu. Notification Process Due to these limitations, you should always keep a close eye on your OfferBooth account, push notifications, email receipts and monthly account statements that you receive from OfferBooth to make sure that such transactions are authorized or so that you can avail yourself of the full benefits of this Section 17. Reversals, Chargebacks & Other ClaimsIf a payment that you receive is later invalidated for any reason, you are responsible to OfferBooth for the full amount of such payment. This means that if the sender disputes the authorization for transaction or initiates a chargeback with their bank or card issuer, you may be liable for the full amount of such payment. If it is determined that such transaction was unauthorized or the chargeback is validated by the sender’s bank or card issuer, you authorize OfferBooth to recover any amounts due to OfferBooth by deducting such amount from your OfferBooth Account balance. In the event that your OfferBooth Account balance is not sufficient to cover the full amount, you authorize OfferBooth to reverse any withdrawals or require you to take other steps to reimburse OfferBooth. If OfferBooth is unable to recover the full amount that is owed, OfferBooth may take additional steps including the initiation of legal actions to recover the full amount, to the extent allowed by applicable law. 18. TaxesOfferBooth will maintain a record of your transaction history, which you will be able to access through your OfferBooth Account for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. OfferBooth will make any tax withholdings or filings that we are required by law to make, but OfferBooth is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. 19. AmendmentsWe may amend any portion of this Agreement at any time by posting the
revised version of this Agreement with an updated revision date.
The changes will become effective, and shall be deemed accepted by
you, the first time you use the Services after the initial posting
of the revised User Agreement and shall apply on a going-forward
basis with respect to transactions initiated after the posting date.
In the event that you do not agree with any such modification, your
sole and exclusive remedy is to terminate your use of the Services
and close your account. You agree that we shall not be liable to
you or any third party as a result of any losses suffered by any
modification or amendment of this Agreement. 20. Third Party ApplicationsIf you grant express permission to a third party to connect to your account, either through the third party's listing, businesses, and services or through OfferBooth, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold OfferBooth responsible for, and will indemnify OfferBooth from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. 21. Website; Third Party ContentOfferBooth strives to provide accurate and reliable information and content on the OfferBooth website, but such information may not always be correct, complete, or up to date. OfferBooth will update the information on the OfferBooth website as necessary to provide you with the most up to date information, but you should always independently verify such information. The OfferBooth website may also contain links to third party websites, applications, events or other materials ( “Third Party Content” ). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by OfferBooth of any listing, businesses and services. OfferBooth shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the OfferBooth website or in any Third Party Content. 22. Limited License; IP RightsWe grant you a limited, non-exclusive, non-sub licensable and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by OfferBooth. Any other use of the Services is expressly prohibited. OfferBooth and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by OfferBooth, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Listing, Businesses and Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. "OfferBooth.com", "OfferBooth", and all logos related to the Listing, Businesses and Services are either trademarks, or registered marks of OfferBooth or its licensors. You may not copy, imitate, or use them without OfferBooth's prior written consent. All right, title, and interest in and to the OfferBooth website, any content thereon, the Services, and all innovation and any content created or derived from any of the foregoing is the exclusive property of OfferBooth and its licensors. 23. Legal ComplianceThe Services are subject to India location - based services Regulations, and, by using the Services, you represent that your actions are not in violation of such usage control restrictions. Without limiting the foregoing, you may not have the full access to the Listing, Businesses and Services if you are not a citizen of India. 24. Entire AgreementThe failure of OfferBooth to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties, except as specified in this section. The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement, including OfferBooth’s policies governing the Listing, Businesses, and Services referenced herein, the Privacy Policy, and the mobile App Consent constitute the entire agreement between you and OfferBooth with respect to the use of the Services. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and OfferBooth and other OfferBooth affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder. This Agreement (along with the Privacy Policy and mobile App Consent) is the only documents that govern your relationship with OfferBooth. If some future court judgment deems any particular provision of this Agreement unenforceable, the rest of the Agreement is still valid, except as specified in this section. |