Terms and Conditions
Last updated: May 15th, 2021
1. INTRODUCTION
Thank you for using Rebatus! These Terms and Conditions cover your rights and obligations relating to Your access and use of this Website and Our Service. In addition to these Terms, please review the Rebatus Privacy Policy which describes our practices related to collection and use of your information to provide the Service.
Rebatus operates a subscription-based loyalty platform that leverages open banking policies to reward users based on their bank account spending (the "Subscription Service”).
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
Do not hesitate to contact us at hello@rebatus.com if you have any questions or want to discuss these Terms or Our Privacy Policy.
2. INTERPRETATION AND DEFINITIONS
a. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
b. Definitions
For the purposes of these Terms and Conditions:
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Account means a unique account created for You to access our Service or parts of our Service.
· Country refers to: State of New York, United States
· Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rebatus Inc., a Delaware corporation.
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
· Goods refer to the items offered for sale on the Service.
· Orders mean a request by You to purchase Goods from Us.
· Service refers to the Website and the programs and services provided thereon, including, without limitation, the Subscription Service.
· Subscription Service has the meaning given to it in the Introduction.
· Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
· Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
· Website refers to Rebatus.com, accessible from https://www.rebatus.com
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Other capitalized terms may be defined throughout these Terms and Conditions.
3. SUBSCRIPTION SERVICE
In order to participate in the Subscription Service, You must first register on the Website. Although We may extend a 30-day free trial offer to You, We reserve the right to charge You a subscription fee ("Fees”) for participating in the Subscription Service (for current Fees, please see here). The Subscription Service enables You and other users to earn cash rebates deposited straight to your bank account from other users’ purchases. The Subscription Service further enables You and other users to redeem discount vouches and promotion codes. Users of the Subscription Service can link their bank accounts to Our Service via third-party provider APIs specific to their location, which grants Rebatus access to users’ transaction details, which Rebatus uses to facilitate rewards to users for their daily spending.
4. ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If We learn or have reason to suspect that a user is under 18 years of age, We will promptly delete any personally identifiable information transmitted to Us by that user and prevent that user from using Our Service. Further, You represent and warrant that Your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation ("GDPR”). Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
5. PLACING ORDERS FOR GOODS
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
6. YOUR INFORMATION
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; (ii) You own the information You supply to us; (iii)the information You supply to Us is true, correct and complete; and (iv) You have the full legal authority to distribute all information that You provide to Us.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order and to use the information and content for any purpose that is in furtherance of providing you the Service, as described in these Terms and our Privacy Policy ([insert link]). While We do not claim ownership over any such information and content that You provide, You agree that We have the right to use such information and content in furtherance of providing You the Service.
In addition, We should not be relied upon as a means to store Your data or information and We assume no responsibility for such activities.
7. ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Goods availability
· Errors in the description or prices for Goods
· Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
8. YOUR ORDER CANCELLATION RIGHTS
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions and describes your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
· The supply of Goods made to Your specifications or clearly personalized.
· The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
· The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
· The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
· The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
9. AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. PRICES POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
11. PAYMENTS
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
12. USER ACCOUNTS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
13. PROPER USE OF THE SERVICE
You shall not violate or attempt to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding,” "spamming,” "mail bombing,” "crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website.
14. INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by You or other users), features and functionality, including all associated software, all files and images contained in the Service, and accompanying data, as well as all data provided by users and/or collected by us through the Service (collectively, "Our IP”) are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. You may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without Our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
15. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
16. THIRD PARTY SITES AND SERVICES
Our Service is integrated with services provided by third parties as part of the functionality of the Service. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
Except as required by GDPR, the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services, except to the extent required by GDPR. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services, except to the extent required by GDPR.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
17. TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
18. UPDATES TO THE SERVICE
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service ("Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If You do not want such Updates, Your remedy is to stop using the Service. Your continued use of the Service is Your agreement to these Terms with respect to the Service.
19. LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
20. ASSUMPTION OF RISK
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (SEE BELOW), AS TO THE CONTENT OR OPERATION OF THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
21. "AS IS" AND "AS AVAILABLE" DISCLAIMER
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
22. INDEMNIFICATION
In the event that any third party, including without limitation another user, brings a claim against Us related to Your actions, content, information, or any other use of the Service by You, You agree to indemnify, defend, and hold Us and Our agents harmless from and against any and all third-party claims, including privacy violations, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify You promptly of any such claim and will provide You with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify You shall not relieve You of Your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to Our failure to give notice. We reserve the right to approve counsel retained by You, to take control of the defense (at Our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at Our expense) for which indemnity is required. You may not settle any claim without Our prior consent.
23. GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
24. DISPUTES RESOLUTION
You agree to resolve any dispute, claim, or controversy with the Company arising out of or relating to Your use of the Website in the following manner. First, each of You and the Company agree to attempt in good faith to resolve the dispute informally by contacting each other by email (You can email us at hello@rebatus,com). Second, if the dispute is not resolved through informal resolution, each of You and the Company agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco, CA, and the costs of which shall be divided equally between You and the Company. Third, if the dispute is not resolved through informal resolution and mediation, each of You and the Company agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco, CA.
Either You or We may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither You, nor the Company, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND THE COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit Our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
25. UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
26. SEVERABILITY AND WAIVER
a. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
b. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
27. TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
28. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
29. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
30. CONTACT US
If you have any questions about these Terms and Conditions, You can contact us:
By email: hello@rebatus.com