TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS

1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold LLC (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services).

1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.

1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.

2. PLEASE READ CAREFULLY

2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.

2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.

3. PRIVACY POLICY

By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.

4. DESCRIPTION OF SERVICES OFFERED

Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.

5. PAYMENT TERMS

The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Licensee. The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. Sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in USD dollars. Subject to (Clause 25).

6. REFUND POLICY

6.1. The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company. Subject to (Clause 25).

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. PROHIBITED ACTIVITIES

8.1. You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:

  • 8.1.1. attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System;

  • 8.1.2. attempting to impersonate another user;

  • 8.1.3. criminal or tortious activity;

  • 8.1.4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;

  • 8.1.5. deleting the copyright or other proprietary rights notice from any System content;

  • 8.1.6. engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;

  • 8.1.7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;

  • 8.1.8. harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;

  • 8.1.9. interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;

  • 8.1.10. making any unauthorized use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;

  • 8.1.11. selling or transferring your account;

  • 8.1.12. systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;

  • 8.1.13. tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;

  • 8.1.14. using any information obtained from the System in order to harass, abuse, or harm another person;

  • 8.1.15. using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or

  • 8.1.16. using the System in a manner inconsistent with any applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United States and/or other countries. Company\'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited license to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.

10. LICENSEE AND THIRD PARTY CONTENT

The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.

11. SITE MANAGEMENT

11.1. The Company reserves the right, but does not have the obligation, to:

11.2. monitor the System, Company Services and the event for violations of this Agreement;

11.3. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

11.4. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;

11.5. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and

11.6. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.

12. TERM AND TERMINATION

12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.

12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.

12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.

12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

12.5. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A LICENSEE REPRESENTATIVE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

12.6. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS

13.1. To Agreement

Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.

13.2. To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.

14. DISPUTES

14.1. Between Users

If there is a dispute between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

14.2. With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of the State of New York, excluding such state's conflicts of law rules. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, State of New York; subject, however, to the right of Company, at the Company\'s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the System and/or the Company Services (including your use of the System and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys\' fees and costs if we have to take any legal action to enforce this Agreement. Subject to (Clause 25).

15. CORRECTIONS

Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

16. WARRANTY DISCLAIMERS

16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • 16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;

  • 16.1.2. OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHR

  • 16.1.3. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

  • 16.1.4. OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT

  • 16.1.4.1. (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;

  • 16.1.4.2. (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;

  • 16.1.4.3. (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND

  • 16.1.4.4. (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;

16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;

16.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;

16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND

16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • 16.5.1. (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

  • 16.5.2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT,

  • 16.5.3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

  • 16.5.4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES,

  • 16.5.5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR

  • 16.5.6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATION OF LIABILITY

17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

17.2. THE USE OR INABILITY TO USE OUR SERVICE;

  • 17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

  • 17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  • 17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND

  • 17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

  • 17.2.5. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. NOTICES

Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner and provided us with a valid way to contact you.

20. USER DATA

You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

21. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.

22 . ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.

23. LINKS

Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

24. ENTIRE AGREEMENT

24.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.

24.2. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company\'s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.

25. MERCHANT OF RECORD

25.1. Notwithstanding anything to the contrary herein, you understand that

  • 25.1.1. (i) Company is the merchant of record for the transactions contemplated hereunder,

  • 25.1.2. (ii) that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services, and

  • 25.1.3. (iii) to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.

26. CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:

Billfold LLC
240 Kent Ave.
K3 / B42
Brooklyn, NY 11249
Email: tos@billfoldpos.com

TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS

1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold Solutions Pty Ltd (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services).

1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.

1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.

2. PLEASE READ CAREFULLY

2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.

2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.

3. PRIVACY POLICY

By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.

4. DESCRIPTION OF SERVICES OFFERED

Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.

5. PAYMENT TERMS

The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Merchant of Record Subject to (Clause 25). The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. Sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in AUD dollars.

6. REFUND POLICY

6.1. Onsite Refund Policy: The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System onsite. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company onsite. Subject to (Clause 25).

6.2. Offsite Refund Policy: All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Company. Under no circumstance will refunds will be issued by Company onsite. Subject to (Clause 25).

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. PROHIBITED ACTIVITIES

8.1. You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:

  • 8.1.1. attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System;

  • 8.1.2. attempting to impersonate another user;

  • 8.1.3. criminal or tortious activity;

  • 8.1.4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;

  • 8.1.5. deleting the copyright or other proprietary rights notice from any System content;

  • 8.1.6. engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;

  • 8.1.7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;

  • 8.1.8. harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;

  • 8.1.9. interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;

  • 8.1.10. making any unauthorized use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;

  • 8.1.11. selling or transferring your account;

  • 8.1.12. systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;

  • 8.1.13. tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;

  • 8.1.14. using any information obtained from the System in order to harass, abuse, or harm another person;

  • 8.1.15. using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or

  • 8.1.16. using the System in a manner inconsistent with any applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United States and/or other countries. Company\'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited license to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.

10. LICENSEE AND THIRD PARTY CONTENT

The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.

11. SITE MANAGEMENT

11.1. The Company reserves the right, but does not have the obligation, to:

11.2. monitor the System, Company Services and the event for violations of this Agreement;

11.3. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

11.4. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;

11.5. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and

11.6. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.

12. TERM AND TERMINATION

12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.

12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.

12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.

12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

12.5. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A LICENSEE REPRESENTATIVE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

12.6. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS

13.1. To Agreement

Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.

13.2. To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.

14. COMPLAINTS

14.1. Between Users

If there is a complaint between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a complaint with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

14.2. With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of the State of New York, excluding such state's conflicts of law rules. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, State of New York; subject, however, to the right of Company, at the Company\'s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the System and/or the Company Services (including your use of the System and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys\' fees and costs if we have to take any legal action to enforce this Agreement. Subject to (Clause 25).

15. CORRECTIONS

Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

16. WARRANTY DISCLAIMERS

16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • 16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;

  • 16.1.2. OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHR

  • 16.1.3. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

  • 16.1.4. OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT

  • 16.1.4.1. (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;

  • 16.1.4.2. (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;

  • 16.1.4.3. (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND

  • 16.1.4.4. (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;

16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;

16.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;

16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND

16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • 16.5.1. (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

  • 16.5.2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT,

  • 16.5.3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

  • 16.5.4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES,

  • 16.5.5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR

  • 16.5.6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATION OF LIABILITY

17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

17.2. THE USE OR INABILITY TO USE OUR SERVICE;

  • 17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

  • 17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  • 17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND

  • 17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

  • 17.2.5. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. NOTICES

Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner and provided us with a valid way to contact you.

20. USER DATA

You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

21. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.

22 . ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.

23. LINKS

Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

24. ENTIRE AGREEMENT

24.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.

24.2. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company\'s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.

25. MERCHANT OF RECORD

25.1. Notwithstanding anything to the contrary herein, you understand that

  • 25.1.1. (i) Company is the merchant of record for the transactions contemplated hereunder,

  • 25.1.2. (ii) that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services, and

  • 25.1.3. (iii) to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.

26. CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:

Billfold Solutions Pty Ltd
66 Oxford St, Darlinghurst,
New South Wales, 2010
Email: tos@billfoldpos.com

TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS

1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold UK Limited (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services").

1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.

1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.

2. PLEASE READ CAREFULLY

2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.

2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.

3. PRIVACY POLICY

By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.

4. DESCRIPTION OF SERVICES OFFERED

Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.

5. PAYMENT TERMS

The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Licensee. The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. VAT or other applicable sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in pounds sterling.

6. REFUND POLICY

The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. PROHIBITED ACTIVITIES

You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:

8.1 attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System; attempting to impersonate another user;

8.2 criminal, tortious or other illegal activity;

8.3 deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;

8.4 deleting the copyright or other proprietary rights notice from any System content;

8.5 engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;

8.6 except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;

8.7 harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;

8.8 interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;

8.9 making any unauthorised use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretences;

8.10 selling or transferring your account;

8.11 systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;

8.12 tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;

8.13 using any information obtained from the System in order to harass, abuse, or harm another person;

8.14 using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or

8.15 using the System in a manner inconsistent with any applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United Kingdom, EEA, United States and other foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United Kingdom, the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited licence to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.

10. LICENSEE AND THIRD PARTY CONTENT

The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.

11. SITE MANAGEMENT

The Company reserves the right, but does not have the obligation, to:

11.1. monitor the System, Company Services and the event for violations of this Agreement;

11.2. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

11.3. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;

11.4. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and

11.5. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.

12. TERM AND TERMINATION

12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.

12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.

12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.

12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

12.5. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.

13. MODIFICATIONS

13.1. To Agreement

Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.

13.2. To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.

14. DISPUTES AND STATUTORY RIGHTS

14.1. Between Users

If there is a dispute between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

14.2. With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of England and Wales. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in the courts of England and Wales; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement.

15. CORRECTIONS

Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

16. WARRANTY DISCLAIMERS

16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • 16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;

  • 16.1.2. WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

  • 16.1.3. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;

16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;

16.3. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;

16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND

16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • 16.5.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;16.5.3 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT;

  • 16.5.2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

  • 16.5.3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES;

  • 16.5.4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR

  • 16.5.5. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATION OF LIABILITY

17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

17.2. THE USE OR INABILITY TO USE OUR SERVICE;

  • 17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

  • 17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  • 17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND

  • 17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

18. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defence of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. STATUTORY RIGHTS

YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THE TERMS OF THIS AGREEMENT.

20. NOTICES

Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorised manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorised manner and provided us with a valid way to contact you.

21. USER DATA

You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data. Use of your data will be subject to our Privacy Policy which can be found here.

22 . ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.

23. ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.

24. LINKS

Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

25. ENTIRE AGREEMENT

25.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.

25.2 The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Nothing in this Agreement shall confer on any third party the rights to enforce any provisions of this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.

26. MERCHANT OF RECORD

Notwithstanding anything to the contrary herein, you understand that

26.1 Company is the merchant of record for the transactions contemplated hereunder;

26.2 that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services; and

26.3 to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.

26. CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:

BILLFOLD UK LIMITED
869 HIGH ROAD
NORTH FINCHLEY
LONDON
N12 8QA

TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS

1.1. This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Billfold LLC (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of our Point of Sale system as well as any other software, equipment, media form, website, or application connected thereto (collectively, the "System"). The Company retains all rights to license the System to third parties ("Licensees") to facilitate business transactions as described herein ("Company Services).

1.2. Company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company or its Licensees. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country.

1.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Company Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using Company Services. Persons under the age of 13 are not permitted to register for the System or use Company Services.

2. PLEASE READ CAREFULLY

2.1. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE CLICKING THE "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR USING THE SOFTWARE SERVICES DEFINED HEREIN. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SOFTWARE SERVICES. BY CLICKING AN "ACCEPT TERMS AND CONDITIONS" OR SIMILAR BUTTON OR BY ACCESSING OR USING OUR SYSTEM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SYSTEM.

2.2. THE COMPANY HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE TERMS OF SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SOFTWARE SERVICES FROM TIME TO TIME. THE COMPANY MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF YOU CONTINUE TO USE THE SOFTWARE SERVICES AFTER ANY SUCH CHANGES, WITH OR WITHOUT NOTICE, YOU WILL BE CONSIDERED TO HAVE CONSENTED TO THEM.

3. PRIVACY POLICY

By using the System, and/or by registering with the Company, you signify that you agree with the Terms of Service, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Please note that the Company offers the System "AS IS" and without warranties. If you are registering an account or using the System on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.

4. DESCRIPTION OF SERVICES OFFERED

Company Services include the provision of a Point of Sale system with software and hardware components that allows Licensees to take transactions from their customers or users. A remotely-accessible computer system allows the user to establish an account and make purchases at Licensee's events. User payment information is transmitted to a secure data storage service which returns an ID attributed to the user's payment method. This unique ID is then linked to a secure, pin-protected chip located on a bracelet band provided to the user by the Licensee. The user can then make quick and secure purchases through the System using only their bracelet band during the event.

5. PAYMENT TERMS

The System works with all major credit cards, subject to restrictions by the Company or Licensee that may change without notice. Any issues with payments or transactions should be directed to the Licensee. The Company is not responsible for any payments or transactions made in cash. Cash payments can only be made outside the System, will not be reflected in the user's account and are the sole responsibility of the Licensee. The Company reserves the right to correct any errors or mistakes in pricing even if payment has already been received or requested. Sales tax will be added to the sales price of purchases as required. The Company or Licensee may change prices at any time. All payments shall be in USD dollars. Subject to (Clause 25).

6. REFUND POLICY

6.1. The Licensee is solely responsible for all sales, transactions, fees and/or payments incurred by the user as a result of using Company Services and System. All transactional inquiries, including chargebacks or fraudulent charges, shall be made to, and are the sole liability of, the Licensee. Under no circumstance will refunds will be issued by Company. Subject to (Clause 25).

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the System or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. PROHIBITED ACTIVITIES

8.1. You may not access or use the System for any other purpose other than that for which the Company makes it available. The System may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:

  • 8.1.1. attempting to bypass any measures of the System designed to prevent or restrict access to the System, or any portion of the System;

  • 8.1.2. attempting to impersonate another user;

  • 8.1.3. criminal or tortious activity;

  • 8.1.4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the System;

  • 8.1.5. deleting the copyright or other proprietary rights notice from any System content;

  • 8.1.6. engaging in any automated use of the System, such as using any data mining, robots or similar data gathering and extraction tools;

  • 8.1.7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the System, or using or launching any unauthorized script or other software;

  • 8.1.8. harassing, annoying, intimidating or threatening any Company or Licensee employees or agents engaged in providing any portion of the Company Services to you;

  • 8.1.9. interfering with, disrupting, or creating an undue burden on the System or the networks or services connected to the System;

  • 8.1.10. making any unauthorized use of the Company Services, including collecting any user information by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;

  • 8.1.11. selling or transferring your account;

  • 8.1.12. systematic retrieval of data or other content from the System to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;

  • 8.1.13. tricking, defrauding or misleading the Company, Licensees and other users, especially in any attempt to learn account information or pin numbers;

  • 8.1.14. using any information obtained from the System in order to harass, abuse, or harm another person;

  • 8.1.15. using Company Services as part of any effort to compete with the Company or to provide services as a service bureau; or

  • 8.1.16. using the System in a manner inconsistent with any applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The content of the System ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by the Company, and are subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the United States and/or other countries. Company\'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

9.2. Company Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Provided that you are eligible to use the System, you are granted a limited license to access and use the System and Company Services. The Company reserves all rights to the System, Company Content and Marks.

10. LICENSEE AND THIRD PARTY CONTENT

The Company does not investigate, monitor or check Licensees or any third parties that lease or license its System or Company Services. The Company is not responsible for the conduct of or any content belonging to, or originating from, Licensees or any other third parties ("Third Party Content"). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Content accessed through the System or any Third Party Content posted on, available through or installed from Licensees, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access, use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any third parties affiliated or not affiliated with the provision of Company Services. The Company shall not be liable for any transactions made through Licensees or Third Party Content.

11. SITE MANAGEMENT

11.1. The Company reserves the right, but does not have the obligation, to:

11.2. monitor the System, Company Services and the event for violations of this Agreement;

11.3. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

11.4. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable Company Services or any portion thereof that may violate this Agreement or any Company policy;

11.5. in Company's sole discretion and without limitation, notice or liability to remove from the System or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company; and

11.6. otherwise manage the System in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the System.

12. TERM AND TERMINATION

12.1. This Agreement shall remain in full force and effect while you use the System or are registered for any Company Services. User accounts are automatically deactivated by the Licensee at the end of the event. You may terminate your use or participation at any time, for any reason, by returning your bracelet band to a Licensee representative and requesting deactivation.

12.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SYSTEM AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SYSTEM AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.

12.3. In order to protect the integrity of the System and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses or radio frequencies from accessing the System and Company Services.

12.4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

12.5. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A LICENSEE REPRESENTATIVE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

12.6. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS

13.1. To Agreement

Company may modify this Agreement from time to time. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Modifications to this Agreement shall be effective after posting.

13.2. To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the System or Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the System or Company Services.

14. DISPUTES

14.1. Between Users

If there is a dispute between users of the Company Services, or between users, Licensees and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, Licensees and any third party, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

14.2. With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this System or Company Services shall be governed and construed by the laws of the State of New York, excluding such state's conflicts of law rules. Any legal action by or against Company arising out of or related in any respect to this System and Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over New York County, State of New York; subject, however, to the right of Company, at the Company\'s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the System and/or the Company Services (including your use of the System and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys\' fees and costs if we have to take any legal action to enforce this Agreement. Subject to (Clause 25).

15. CORRECTIONS

Occasionally there may be information in the System that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

16. WARRANTY DISCLAIMERS

16.1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • 16.1.1. THE USE OF SYSTEM SOFTWARE AND COMPANY SERVICES ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS;

  • 16.1.2. OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHR

  • 16.1.3. EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

  • 16.1.4. OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT

  • 16.1.4.1. (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;

  • 16.1.4.2. (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;

  • 16.1.4.3. (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND

  • 16.1.4.4. (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;

16.2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF COMPANY SERVICES, INCLUDING, BUT NOT LIMITED TO, SOFTWARE AND EQUIPMENT, SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL;

16.3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;

16.4. THE COMPANY DOES NOT CONTROL THE NATURE OF ALL THE CONTENT AND CONDUCT RELATED TO THE PROVISION OF COMPANY SERVICES. FURTHER, THE COMPANY DOES NOT CONTROL AND IS NOT LIABLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER BY USING COMPANY SERVICES OR IN CONNECTION WITH ITS USE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, LICENSEE, OR ANY THIRD PARTY; AND

16.5. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SYSTEM'S CONTENT OR THE CONTENT OF ANY WEBSITES, SYSTEMS OR SOFTWARE LINKED TO THIS SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • 16.5.1. (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

  • 16.5.2. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SYSTEM, COMPANY SERVICES, OR EQUIPMENT,

  • 16.5.3. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

  • 16.5.4. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR COMPANY SERVICES,

  • 16.5.5. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY, AND/OR

  • 16.5.6. (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY SERVICE OR ITS LICENSEES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYSTEM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. LIMITATION OF LIABILITY

17.1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

17.2. THE USE OR INABILITY TO USE OUR SERVICE;

  • 17.2.1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

  • 17.2.2. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  • 17.2.3. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND

  • 17.2.4. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

  • 17.2.5. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. NOTICES

Except as explicitly stated otherwise, any notices given to the Company shall be given in writing to the email address listed in the contact information below. Any notices given to you shall be given to the email address you provide during the registration process, if you elect to do so. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner and provided us with a valid way to contact you.

20. USER DATA

You are responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

21. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.

22 . ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Company Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that the Company shall not be held liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our System.

23. LINKS

Either the Company or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

24. ENTIRE AGREEMENT

24.1. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.

24.2. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company\'s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the System and Company Services. Upon Company's request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.

25. MERCHANT OF RECORD

25.1. Notwithstanding anything to the contrary herein, you understand that

  • 25.1.1. (i) Company is the merchant of record for the transactions contemplated hereunder,

  • 25.1.2. (ii) that Company's services are facilitated by Braintree, a division of PayPal, Inc. ("Braintree"), to provide payment processing services, and

  • 25.1.3. (iii) to the extent that Company is responsible for users' transactions pursuant to its agreement with Braintree, Company will be responsible for any such transaction to the extent required by such agreement with Braintree.

26. NOTICE TO INTERNATIONAL USERS

If you visit our website from the European Economic Area ("EEA") and choose to sign up for our marketing emails, we will process your personal information to send you marketing communications. The legal basis for such processing is our legitimate interest in providing you information that may be of interest to you. If you have questions about Billfold's data practices or would like to exercise other rights that may be available to you under local law, please contact us.

27. NOTICE TO CANADIAN USERS

Our policy allowing customers to opt out of information sharing with third parties for marketing purposes also applies to our Canadian customers. In addition, when we collect or otherwise acquire personal information about Canadian customers from third parties, where we enter into a contract with the third party, which requires them to ensure and provide assurances to us that they obtained informed express consent to disclose your personal information to us. If you want to know if we have obtained any information from a third party, or have any questions or concerns about the collection, use, disclosure, or correction of your personal information, please contact us. Your personal information may be stored and accessed by us in Canada and the United States. We use third-party service providers, which may be located in, or may have servers in the United States or another country. Your information may be accessible to governmental and law enforcement organizations in those countries. We do not authorize any of our service providers to make any other use or disclosure of your information. We transfer your information to these third-party service providers only to the extent necessary for them to perform the services on our behalf. If you would like to opt-out of the provision of your information for this purpose, please contact us.

28. CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:

Billfold LLC
240 Kent Ave.
K3 / B42
Brooklyn, NY 11249
Email: tos@billfoldpos.com