Effective date: October 9, 2021
Welcome to RewardMe. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@reward.me
Address: 66 Shanghai St, Yau Ma Tei, Kowloon, Hong Kong
These Terms of Use (the “Terms”) are a binding contract between you and MAGIC CRYSTAL LIMITED (“RewardMe”, “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms , limitations of liability , a class action waiver and resolution of disputes by arbitration instead of in court . PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://reward.me, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. What about my privacy?
RewardMe takes the privacy of its users very seriously. For the current RewardMe Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@reward.me.
3. What are the basics of using RewardMe?
3.1. Account Registration
If you want to enroll in the Program (defined in Section 4 below), you’ll be required to sign up for an account (“RewardMe Account”), and user name (“RewardMe User ID”), and provide us with certain information or data, such as your phone number, date of birth, gender. Each person is limited to one RewardMe Account with the Program. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your RewardMe User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your RewardMe Account to anyone else without our prior written permission. You will not share your RewardMe User ID, account or password with anyone, and you must protect the security of your RewardMe User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your RewardMe User ID and account.
3.2. Restrictions
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
4. What is RewardMe Rewards Point Program and how does it work?
4.1. Rewards Point Program
We make available the ability for you to earn rewards points (the “Rewards Points”) on your purchases completed with activated Offers (defined below) through https://www.reward.me/ and related mobile and software applications (the “Program”). Participation in the Program and the opportunity to earn Rewards Points are offered at our sole discretion and subject to your compliance with these terms, and the Rewards Point Program Policy. We reserve the right to change, modify and/or eliminate the Program and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these terms).
4.2. Eligibility
The current Program is not available to and should not be accessed or used by residents of the European Economic Area (“EEA”). You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
4.3. Linking with Email or Credit Card.
In order to earn Rewards Points and/or redeem certain offers and promotions available through the Program, you’ll be required to link either one of your email addresses or one of your credit cards with your RewardMe Account (except for EU Users, please see Section 4.3.1 below). When you elect to link either an email or a credit card, you’ll be prompted to authenticate that you’re the owner of such email account or credit card and grant permission for linking the Services to such email account or credit card, in which case the applicable email service provider and/or credit card service provider (or its partner or vendor, such as Plaid) may share certain information from your email account or credit card (respectively) with us. Any and all information collected from you is subject to our Privacy Policy, which is hereby incorporated by reference.
4.3.1. EU Users
Currently, residents of the European Economic Area ("EU Users") can participate in the Program by linking an email with the Services. The functionality of linking a credit card with the Services is not available to EU Users yet. If you are an EU User, please refrain from linking any credit card with the Services, and please do not bypass the technical measures we put in place to limit such functionality.
4.4. Offer
We may make available to you from time to time through the Services Rewards Point offers on certain third-party products and services (each, an “Offer”). After your RewardMe Account is linked to your email or credit card, you may activate Offers up to a maximum number (as shown in your RewardMe Account) at the same time, depending on the membership level of your RewardMe Account. You may activate or disable Offers at any time at your discretion, but the maximum number of Offers that can be activated at the same time is tied to your membership level. Please refer to our Membership Policy here for more details. After you activated an Offer in your RewardMe Account, you’ll be eligible to earn Rewards Point as described in such Offer when you complete a transaction with the merchant that is the subject of such Offer.
4.5. Rewards Point Exclusions
Rewards Point is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Rewards Point. Rewards Point amounts may contain exclusions in the terms of the applicable Offer. We may adjust or cancel any of your Rewards Point or terminate your participation in the Program if we, in its sole discretion, deems your activity under the Program as fraudulent, abusive, unethical, suspicious, deceptive, unauthorized, objectionable, or otherwise inconsistent with or in violation of these terms, the applicable Offer terms, Rewards Point Program Policy, any other applicable law or regulation. Please review these terms carefully.
4.6. Disclaimer of Relationship with Merchant
The product or services you purchased through the Services are provided by third party merchants (the “Merchants”), and are governed by and subject to the applicable terms and policies of the Merchants, including applicable exchange, return, shipping, and dispute resolution policies. You agree that we are not agents, resellers, or in any way affiliated with any third party merchant, and merchants operate independently and are not under our control. Accordingly, your purchase of any product or services, and correspondence with, any merchant is solely between you and that merchant. We do not assume any liability, obligation or responsibility for any part of such purchase, such correspondence, offer or promotion. Your Rewards Point may be withdrawn due to order cancellation, return, or other changes to your order with third party merchant. Please note that the Program is solely sponsored and administered by RewardMe, and is in no way sponsored, endorsed or administered by, or associated with any Merchant that offer the products or services covered by the Offers made available in the Program. Any questions, comments or complaints regarding your Rewards Points or the Program should be directed to RewardMe.
5. How can you redeem your Rewards Point?
5.1. Requirements
As a condition of redeeming accrued Rewards Point in your RewardMe Account, you must: (i) establish and maintain an active RewardMe Account and comply with all the terms hereof; (ii) provide a valid email address that you own and are able to receive email; and (iii) link a valid email address or an active credit card that you own with your RewardMe Account. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National”, a “Specially Designated Global Terrorist”, a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
5.2. Limitations of Rewards Points
The Rewards Point earned in your RewardMe Account is not cash or cash equivalent and cannot be redeemed for cash. You may not transfer or exchange your earned Rewards Points to another individual unless otherwise required by applicable laws. Rewards Points can only be earned through the Offers under the Program, and cannot be paid or purchased with cash or cash equivalent. Redemption of the Rewards Points is non-cancellable and non-refundable, unless any cancellation/refund is approved by us on a case-by-case basis, or otherwise required by law. No interest, dividends or any other earnings on Rewards Point accumulated in your RewardMe account will accrue or be paid or credited to you.
5.3. Redemption Options
Currently, we offer (i) certain gift cards issued by various third party merchants and/or (ii) for non-US users, certain cryptocurrency, cryptographic token, virtual currency or other digital asset (the “Cryptocurrencies”) offered by third parties (such as MDT token, or ME token), as options for you to redeem the Rewards Points earned in your RewardMe Account. In the future, we may offer other redemption options for your Rewards Points.
5.4. Redemption of Gift Cards and Disclaimers
The minimum amount for redeeming a gift card is ten (10) U.S. dollars. Your redemption of Rewards Point in the form of gift cards is further subject to our Rewards Point Program Policy here. Gift cards are only available in digital form, not physical form Gift cards are subject to the terms and conditions of the gift card issuer, including potential expiration dates and whether any cash value may be refundable. Please read the applicable gift card terms and conditions carefully before using your Rewards Points to redeem such gift card. You may only use the gift cards with the applicable issuers pursuant to the applicable terms and conditions of such issuers. We are not responsible for providing any goods or services covered by any gift cards, or any lost or stolen gift cards, or any unauthorized use thereof. The issuer of a gift card is solely responsible for any and all damages, claims, losses, and costs suffered by you in connection with the redemption or use of such gift card, and for any unclaimed property liability arising from unredeemed gift card or portions thereof. Please note that the gift cards made available for redemption under the Program is purchased by RewardMe from the general market, and RewardMe is not in any way sponsored or endorsed by, or partnered or associated with, any issuer of such gift cards.
5.5. Redemption of Cryptocurrencies and Disclaimers
- In light of the applicable laws and regulations, we may limit your access or use of the option to redeem Cryptocurrencies through the Program based on the jurisdiction in which you reside. Without limiting the foregoing, if you reside in the U.S., currently you’re not eligible to redeem Rewards Points for Cryptocurrencies through the Services. We endeavor to implement procedural and technological measures to notify you and designed to prevent your access or use of such option if you reside in a place where such option is are not available. Notwithstanding the effectiveness of these measures or your ability to bypass any such safeguards, you may not access or use the option to redeem Cryptocurrencies if you reside in a place where RewardMe does not make such option available. Your redemption of Rewards Point in the form of Cryptocurrencies is further subject to our Rewards Point Program Policy here. Please note that the Cryptocurrencies made available for redemption under the Program is purchased by RewardMe from the general market, and RewardMe is not in any way sponsored or endorsed by, or partnered or associated with, any issuer of such Cryptocurrencies.
- You acknowledge and agree that there are risks associated with redemption, obtaining, storage, transfer, and other handling of the Cryptocurrencies, and that the Services (such as the option for redeeming Rewards Points for Cryptocurrencies) may cause you to incur financial losses including, but not limited to, the following: (a) your Cryptocurrencies or data may be stolen, copied, or accessed without your authorization; (b) you may be unable to collect or use your Cryptocurrencies if you are unwilling or unable to create or use a digital wallet to store or host your redeemed Cryptocurrencies; (c) you may forget, or otherwise be unable to enter, the appropriate code or other mechanism for identifying you as the owner of the redeemed Cryptocurrencies; (d) any Cryptocurrencies may be compromised or cease to operate as intended due to technological failure, technological progression, third-party attacks, or changes to applicable laws or regulations; (e) values of Cryptocurrencies are highly volatile and any Cryptocurrency may lose some or all of its value due to market volatility, lack of demand, market manipulation, changes to applicable laws or regulations, or other government actions; and (f) information or instructions transmitted over the Internet may be delayed, interrupted, stolen, or altered due to software or hardware malfunction or third-party hacks.
- You assume full responsibility and agree that RewardMe will not have any responsibility or liability for lost or stolen Cryptocurrencies, or any unauthorized use thereof, or any losses, damages, or other harm you may incur in connection with any or all of the aforementioned risks in this section 5.5. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against RewardMe (including our licensors and suppliers), or any of our or their affiliates and any of the aforementioned persons’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, service providers, suppliers, and other business partners related to any of the risks in connection with your redemption, obtaining, storage, transfer, purchase, sale, use, and other handling of the Cryptocurrencies. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS, HER, OR THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM, HER, OR THEM, WOULD HAVE MATERIALLY AFFECTED HIS, HER, OR THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
5.6. Account Adjustments
In our sole discretion, we may deduct Rewards Point amount from your account to make adjustments for returns and cancellations with respect to your purchases under the Program. Any such adjustments will be made in accordance with these terms, our Rewards Point Program Policy, the terms of the third party merchants, and any and all applicable laws, rules and regulations. The determination of whether a purchase made under an Offer qualifies for Rewards Point is at our sole discretion. It is your responsibility to check your RewardMe Account regularly to ensure that Rewards Point has been properly credited and paid and that your account balance is accurate. If you believe that Rewards Point has not been correctly credited to your account, you must contact our member services at support@reward.me within thirty (30) days of the transaction. In addition, we may adjust or cancel any of your Rewards Point or terminate your participation in the Program if we, in its sole discretion, deems your activity under the Program as fraudulent, abusive, unethical, suspicious, deceptive, unauthorized, objectionable, or otherwise inconsistent with or in violation of these terms, Rewards Point Program Policy, any other applicable law or regulation. Our decisions are final. Should you disagree with any adjustments made to your RewardMe Account or payments made to you, please contact our member services at support@reward.me within thirty (30) days of the transaction. After such thirty (30) days, your sole remedy is to withdraw from the Program.
5.7. Expiration of Rewards Points
The Rewards Point accumulated in your RewardMe Account do not have an expiration date and may remain in an active RewardMe Account indefinitely, provided that your RewardMe Account remains active and the Program has not been terminated pursuant to these terms and the Rewards Point Program Policy. A RewardMe Account is deemed inactive if there is no Qualifying Activity for twelve (12) consecutive months. “Qualifying Activity” in a RewardMe Account includes accruing Rewards Points through Offers or redeeming Rewards Points pursuant to these terms. Notwithstanding any term to the contrary, if a RewardMe Account is inactive for 6 consecutive months, we may close the account and delete any Rewards Point balance. Deleted Rewards Point cannot be reinstated. Please note, however, that if you have not redeemed the value in your Rewards Point for a certain period of time after such value was earned, applicable law may require us to remit such value to the state in which you were or are located, or the state in which our company is incorporated. This time period will vary from state to state; it may be as short as one year. Accordingly, please remember to redeem your Rewards Point in a timely manner. You release us from any liability in connection with its compliance with laws applicable in this regard.
5.8. Taxes
You may be taxed on your receipt of gift cards and other payment or consideration (such as prizes from a sweepstakes or other promotions) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Services.
6. What about messaging?
As part of the Services, you may receive communications through the Services, including messages that RewardMe sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want RewardMe to send you information regarding your account or transactions with us, which may include RewardMe using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from RewardMe, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from RewardMe. You agree to indemnify and hold RewardMe harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
7. Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
a. infringes or violates the intellectual property rights or any other rights of anyone else (including RewardMe);
b. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by RewardMe;
c. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d. jeopardizes the security of your RewardMe User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
e. attempts, in any manner, to obtain the password, account, or other security information from any other user;
f. violates the security of any computer network, or cracks any passwords or security encryption codes;
g. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
h. “crawls”, “scrapes”, or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
i. copies or stores any significant portion of the Content; or
j. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
8. What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including RewardMe’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that RewardMe owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
9. Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by RewardMe. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that RewardMe is not responsible for such risks.
RewardMe has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, RewardMe will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations (such as third party merchants or gift card issuers) and/or individuals found on or through the Services, including payment and delivery of goods or services, redemption of gift card issued by third parties, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that RewardMe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that RewardMe is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release RewardMe, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
10. Will RewardMe ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
11. Do the Services cost anything?
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
12. What if I want to stop using the Services?
You’re free to do that at any time by contacting us at support@reward.me; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
RewardMe is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. RewardMe has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at support@reward.me – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
13. What about Mobile Applications?
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
14. I use the RewardMe App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
a. Both you and RewardMe acknowledge that the Terms are concluded between you and RewardMe only, and not with Apple, and that Apple is not responsible for the Application or the Content;
b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f. You acknowledge and agree that RewardMe, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
g. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, RewardMe, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i. Both you and RewardMe acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
j. Both you and RewardMe acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
15. Can I refer other users?
From time to time RewardMe may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals who are neither current customers of RewardMe nor registered users of the Services (“Referee”). A registered user is a person that already has an existing account with RewardMe. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer can share his/her personal referral code with potential Referees, and will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the new user offer, and multiple referrals to the same individual will be disregarded. RewardMe reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at RewardMe’s discretion for any reason or for no reason whatsoever. If RewardMe determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, RewardMe reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by RewardMe to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
16. What else do I need to know?
16.1. Warranty Disclaimer.
RewardMe and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (RewardMe and all such parties together, the “RewardMe Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the RewardMe Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The RewardMe Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY REWARDME (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16.2. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE REWARDME PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
16.3. Indemnity.
You agree to indemnify and hold the RewardMe Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
16.4. Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without RewardMe’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
16.5. Third Party Beneficiary.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and RewardMe agree there are no third-party beneficiaries intended under these Terms.
16.6. Choice of Law.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of Hong Kong, without regard to the conflicts of laws provisions thereof.
16.7. Arbitration Agreement.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with RewardMe and limits the manner in which you can seek relief from RewardMe. Both you and RewardMe acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, RewardMe’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
a. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute, controversy or claim arising in any way out of or in connection with the subject matter of these Terms, including the existence, validity, interpretation, performance, breach or termination thereof will be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules (“Rules”) in force when the Notice of Arbitration is submitted in accordance with those Rules. The seat of arbitration will be Hong Kong. Arbitration will be conducted in English. The arbitration will proceed in the English language, in accordance with the the Rules then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of HKIAC arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator is final and binding upon parties, and may be entered in any court of competent jurisdiction.
b. Infringement. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
c. Exclusive Venue. If in any circumstances where the foregoing arbitration agreement permits either you or RewardMe to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and RewardMe agree that any judicial proceeding (other than small claims actions) will be brought in the courts located in Hong Kong.
d. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with RewardMe.
16.8. Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the RewardMe may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and RewardMe agree that these Terms are the complete and exclusive statement of the mutual understanding between you and RewardMe, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RewardMe, and you do not have any authority of any kind to bind RewardMe in any respect whatsoever.