Effective from: February 3, 2020
1. Introduction
1.1. By accessing, registering and/or using the Website: http://fastrewards.app and/or the mobile App "Fast Rewards" (the “Website” or the "Service") owned and operated by FAST REWARDS LLC, (the “Operator”), You signify that You have read, understood, and agree to be bound by these Terms of Use (the “Terms” and/or “Agreement”) and the Privacy Policy available on the Website (the “Privacy Policy”). If You are entering this Agreement on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its Affiliates (as defined below) to these Terms and Conditions, in which case the terms "You" or "User" shall refer to such entity and its Affiliates. If You do not agree with any or part of the Terms and/or the Privacy Policy, You should leave the Website and refrain from any use of the Website immediately. “You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service including businesses which are offering Loyalty Cards.
1.2. The Operator reserves its rights to terminate your use of the Website in case of any violation of the Terms and reserves its rights to update the Terms from time to time under its sole discretion and without any prior notice. You are advised to review the Terms from time to time to check for any updates or changes.
1.3. These Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of these Terms shall prevail.
1.4. The Operator reserves its rights to shut down the Website or any part thereof for any reason at any time at its sole discretion and without any prior notice or consent, and shall bear no responsibility or liability for failure to store or delete any content and/or user content on the Website.
1.5. The Website is active and accessible at all hours of the day. However, the Website’s activity or part of it may be interrupted from time to time due to maintenance reasons, error correction, bugs and/or or other changes necessary for the Website’s activity.
1.6. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by "Contact Us" section in the Website.
2. About the Terms of Use
2.1. These Terms constitute an agreement solely between You and the Operator. It is hereby clarified that the Operator shall have no liability for any violation of the Terms by any third party using the Website, and You shall hold the Operator harmless from any violation of your rights by a third party.
2.2. The Operator shall be bound solely by these Terms. Any loyalty cards available on the Website (the “Loyalty Card” or “Loyalty Cards”) and/or any content appearing in the Loyalty Cards including, but not limited to, texts, photos, animations and references (the “Content” or “Contents”) shall not be considered as any opinion, recommendation or advice regarding the Content, and the Operator expressly disclaims any and all liability in connection with the Content.
2.3. The Access to the Website is currently free of charge. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website or the Website’s features, in whole or in part.
3. Limitation of Liability
3.1. All Loyalty Cards including the Content available on the Website are designed and owned by third parties including businesses which issue the Loyalty Cards. It is clarified that the Operator does not control, verify and/or monitor any of the Content. Therefore, the Operator shall not be liable for any of the Content and does not warrant that the Content is reliable, accurate, of high quality and/or suitable for your needs.
3.2. In no event shall the Operator have any liability to You for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not You have been advised of the possibility of such damages with regards to your use of the Website including any of your reliance on the Content and the Loyalty Cards and/or any other information and pages available on the Website.
3.3. The Operator does not warrant that all links available on the Website, including links related to the Loyalty Cards and including links available on mailings sent to You by the Operator, are active and/or will lead to an active website. Without derogating from the aforesaid, the Operator shall not be liable for any links leading to third party websites, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not You have been advised of the possibility of such damages with regards to any links to third party webpages.
3.4. The Operator does not warrant that the Website will operate bug-free, error-free, continuously, or uninterrupted. The Operator shall have no liability for to You for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused due to any bugs, errors or interrupted use of the Website.
3.5. The Operator does not warrant that any of the Content or Loyalty Cards on the Website will be accurate, reliable, or complete. For the avoidance of doubt, none of the Content and the Loyalty Cards on the Website should be read as an endorsement of any third party, service or other websites. Any claims and/or demands You may have regarding any of the Content should be addressed to the owners of the Loyalty Card and the Content, and the Operator shall bear no liability regarding any of the Content and/or Loyalty Cards.
4. Your Warrants
4.1. You warrant that you will not send to any third party which its details appear in the Website, including the owners of the Loyalty Cards and/or customers of the Loyalty Cards, any commercial materials and/or any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content. Such material and/or content include, but not limited to, any inclusion and\or promotion of illegal gambling, drug dealing, software pirating and hacking and/or pornographic content which includes links to such websites.
4.2. The Operator has no ability to inspect, verify and/or monitor any of the Content and Loyalty Cards, and therefore cannot warrant that any of the Users, the Content and the Loyalty Cards will comply with the aforesaid in section 4.1 above.
4.3. In case of a breach of any of the Terms by You and/or any other User, including a breach of the aforesaid in section 4.1, the Operator reserves its rights to immediately block access to the Website, suspend or terminate Your use of the Website, delete or remove such Loyalty Card and/or Content from the Website, or take any other action the Operator deems appropriate without any entitlement to a refund.
4.4. The User warrants that any of the Content appearing on the Loyalty Card will be solely for the advertising of his business and for contacting other users which will enter their details in the Loyalty Card, and furthermore warrants that the Content will be accurate and will reliably describe its business.
5. Subscription Terms
5.1. Businesses subscribing to the Service of the Website in order to operate Loyalty Cards (the “Subscribers”) will be bound to the following terms in addition to all the Terms in this agreement.
5.2. In order to use the Services provided by the Operator, the User must subscribe to the Service by providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request and/or cancel a subscription plan, for any reason, under its sole discretion and without providing such reason.
5.3. As part of the Service it is possible to subscribe for several subscription plans at prices as determined by the Operator. The Operator may change the prices at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.
5.4. Subscribing to the Service is subject to a periodic fee according to the User’s choice which shall be charged in advance at a fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
5.5. Any subscription plan will be automatically renewed until cancelled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
5.6. The User may pay via credit card. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
5.7. Should a Subscriber not settle any payment of subscription fees, the Operator reserves its right to block the User's access to the Service without derogating from the Operator’s rights to collect any unpaid fees including via taking legal actions against such Subscriber.
5.8. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
5.9. The Operator reserves its rights to shut down the Website or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.
5.10. The subscription is personal and non-transferrable.
6. Contacting, Negotiating and Entering Binding Contracts with Third Parties
6.1. You are solely responsible for entering any negotiations and/or contracts with any third parties which their details appear on the Website, including with businesses operating the Loyalty Cards. You hereby understand that the Operator has no control over the Content and does not guarantee the existence, quality, safety or legality of any of the Content including service and/or products appearing and/or advertised in the Loyalty Cards; the truth or accuracy of the Content on the Loyalty Card; the ability of the owner of the Loyalty Card to sell and/or provide its advertised services and/or products; the ability users which entered their details to pay for products and/or services; or that such user will actually enter into a binding contract.
6.2. With derogating from the above, the operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content appearing on any of the Loyalty Cards.
6.3. Any binding agreement and/or contract between an Business of the Loyalty Card and a user which filled in its details in the Loyalty Card will be agreed and closed between a user and an Business of the Loyalty Card, and the Operator will not be a Party to such contract. It is hereby clarified that the Operator provides the Website solely as a platform displaying Loyalty Cards created and advertised by third parties which are not related to the Operator.
6.4. The Operator has no responsibility for any of the Content appearing in the Loyalty Card. Therefore any claims and/or demands You may have regarding an offer to purchase a service and/or product should be addressed to the owners of the Loyalty Card which provided and/or warranted to provide such service and/or product, and the Operator shall bear no liability regarding any offer of service and/or product as received by an owner of the Loyalty Card.
7. Representations and Warranties of Businesss of Loyalty Cards
7.1. Businesses offering Loyalty Cards (the “Business”) will be bound to the following terms in addition to all the Terms in this agreement.
7.2. The Business represents and warrants that the Content of the Loyalty Card as appearing in the Website is accurate, reliable and suits the service and/or products as offered by it and that in case of any change of its offered service and/or product the Business will modify and/or remove any irrelevant Content on the Loyalty Card.
7.3. The Business represents and warrants that it will not advertise any inaccurate, false, or misleading information and Content in the Loyalty Card
7.4. The Business warrants that it will not publish in the Loyalty Card any Content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content including, but not limited to, any inclusion and\or promotion of illegal gambling, drug dealing, software pirating and hacking, pornographic content which includes links to such websites, any content which constitutes copyright or trademark infringement and any other content which may be reasonably considered inappropriate and offensive by users.
7.5. The Business represents and warrants that any of its advertised services and/or products will not illegally discriminate between users, including but not only on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin or other protected status as defined by law.
7.6. The Operator reserves its rights to act against an Business which will breach any of the Terms including the terms stipulated in this section 7 including, but not only, removing any Content and Loyalty Card and blocking the Business’s access to the Website without prior notice and under its sole discretion, and the Business will have no claims against the Operator in such case.
7.7. The Operator does not monitor, inspect, verify and/or filter any users which enter their details in the Loyalty Card although the Operator reserves its rights to do so. The Business shall not have any claims and/or demands against the Operator and the Operator shall be held harmless in case of any false details entered in the Loyalty Card by users including any damage caused as a result of such user contacting the Business using the Website.
8. Intellectual Property
8.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
8.2. Without derogating from the above, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
8.3. The Website and the Contents are intended solely for commercial, non-personal use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal business use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents and/or Loyalty Cards.
8.4. The Operator reserves its rights to add to any of the Loyalty Cards its name and/or trademarks and/or any other writing under its sole discretion.
8.5. The Loyalty Cards and the Content are owned by third parties, and the Operator does not claim any ownership of the Loyalty Cards and Content. You hereby agree to be bound to any terms and third party licenses regarding the Loyalty Cards and the Content.
8.6. The Operator respects all intellectual property rights of third parties. However, if You believe that Your copyrighted work or trademark has been used in a way that constitutes copyright or trademark infringement, You may contact us.
9. Indemnification
9.1. You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
10. Using of Personal Data
10.1. The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
10.2. During Your use of the Website you may be required in some sections of the Website to enter certain contact details such as your name and email address. You must provide true, complete and accurate information, including in the Loyalty Card. In case you register to the Website using a username and password, it is Your responsibility for maintaining the security of your username and password used for the Website and notify the Operator promptly of any other breach of security known or suspected by You as well as safeguarding all information provided as part of Your use of the Website and all usage of the Website.
11. Mailings and Subscription
The Operator may give you a choice as to whether You want to receive email messages and/or newsletters about product updates, improvements, special offers, or containing special distributions of content by the Operator. At any time You can choose to no longer receive commercial or promotional emails or newsletters from the Operator. You also will be given the opportunity, in any commercial email that the Operator sends You, to opt out of receiving such messages in the future.
12. Security
12.1. The Operator takes appropriate security measures (including physical, electronic and procedural measures) to help safeguard Your personal information from unauthorized access and disclosure. The Operator uses encryption in the transmission of Your sensitive personal information between Your system and the Operator's system, and the Operator uses firewalls to help prevent unauthorized persons from gaining access to Your personal information.
12.2. The Operator wants You to feel confident using the Website. However, no system can be completely secure. Therefore, although the Operator makes all efforts to secure Your information, the Operator does not promise, and You should not expect, that Your personal information, searches, or other communications will always remain secure. You should also take care with how you handle and disclose your personal information and should avoid sending personal information through insecure email.
12.3. In case of any breach of security, the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys shall be held harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to any breach of security of the Website and/or any other systems of the Operator.
13. Term and Termination
13.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
13.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the Operator is transitioning to no longer providing the Website to users in the country in which You are resident or from which You use the Website; or the provision of the Website to You by the Operator is, in the Operator’s opinion, no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
13.3. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
14. General Terms
14.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
14.2. This Agreement shall be governed by and construed in accordance with the laws of the USA. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of the USA for any litigation arising out of this Agreement.
14.3. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: personal delivery and/or upon sending an email with confirmation of safe receipt.
