Koinz Ltd. (“Koinz,” “we,” “us,” and/or “our”) provides users with Koinz,.
(“Koinz,” “we,” “us,” and/or “our”) provides users with the ability to earn points
and rewards (collectively, “Rewards”) from various participating merchants
software applications (collectively, the “Service(s)”) subject to the following
Terms (as amended from time to time, the “Terms”) and the Privacy Policy
We reserve the right, at our sole discretion, to change or modify portions of
these Terms at any time without further notice. If we change these Terms in a
material way, we will provide appropriate notice to you, and, for any change,
will indicate the date of revision at the top of this page. Your continued use of
the Service after any such changes constitutes your acceptance of the new
Terms. If you do not agree to abide by these or any future Terms, please stop
using and accessing the Service.
These Terms contain a mandatory arbitration provision that requires
that disputes be resolved in individual arbitration or small claims court
proceedings.
The Service
Your Registration Obligations: You are required to register with Koinz to
access and use certain features of the Service. If you choose to register for
the Service, you agree to provide and maintain true, accurate, current and
complete information about yourself as prompted by the Service’s registration
form. Registration data and certain other information about you are governed
by our Privacy Policy. If you are under 13 years of age, you are not authorized
to use the Service, with or without registering. If you are under 18 years old,
you may use the Service, with or without registering, only with the approval of
your parent or guardian. You further agree that you will not provide us or
Rewards Providers any mobile device numbers not assigned to you.
Member Account, Password and Security: You are responsible for
maintaining the confidentiality of your account, if any, and are fully responsible
for any and all activities that occur under your account. You agree to (a)
immediately notify Koinz of any unauthorized use of your account or any
other breach of security, and (b) ensure that you log out of your account at the
end of each session. Koinz will not be liable for any loss or damage arising
from your failure to comply with these requirements.
Modifications to Service: Koinz reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Koinz shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
Rewards: All Rewards made available in connection with the Service are
promotional only. Such Rewards are made available directly by the relevant
merchant providing such Reward (“Rewards Provider”) (and not Koinz) and
are redeemable solely for the applicable goods or services of the relevant
Rewards Provider. The Rewards Provider, not Koinz, is the provider of the
Rewards and such goods and services and is solely responsible for
redeeming any Rewards you obtain. Koinz will have no liability if a Rewards
Provider refuses or fails to honor any Reward. In addition, the following terms
and conditions also apply to all Rewards:
Redemption frequency is determined by the Rewards Provider.
Use of Rewards relating to alcoholic beverages is at the sole discretion
of the Rewards Provider and is subject to compliance with applicable
law.
Rewards cannot be combined with any other rewards, offers, vouchers,
third-party certificates, coupons, or promotions, unless otherwise
specified by the Rewards Provider.
Rewards cannot be used for taxes, tips or prior balances, unless
permitted by the Rewards Provider.
Neither Koinz nor the Rewards Provider is responsible for
malfunctioning, lost, or stolen cards.
Reproduction or sale of any Reward is prohibited.
Any attempted redemption not consistent with these Terms or any other
restrictions imposed by the Rewards Provider or Koinz (including any
Reward-specific terms associated with a Reward) will render the
Reward void.
Rewards are void to the extent prohibited by law.
Rewards may be applied only to the applicable products or services
sold by the Rewards Provider that are the subject of such Rewards.
Limit one (1) Reward per redemption. Only one Reward can be used
per redemption unless otherwise specified by the Rewards Provider.
Third-Party Services: You may register for the Service using third-party
services (e.g., Facebook Login) and otherwise enable various third-party
services to be directly integrated into your Koinz experience. By enabling
third-party services within the Service, you are allowing us to pass your log-in
information or other information (e.g., token authentication information) to
these services for this purpose. Please remember that the manner in which
third-party services use, store and disclose your information is governed
solely by the policies of such third parties, and Koinz shall have no liability or
responsibility for the privacy practices or other actions of any third-party site or
service. In addition, Koinz is not responsible for the accuracy, availability or
reliability of any information, content, goods, data, opinions, advice or
statements made available in connection with third-party services, and such
third-party services may revoke authentication at any time. As such, Koinz is
not liable for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such third-party service. Koinz
enables these features merely as a convenience and the inclusion of such
features does not imply an endorsement or recommendation.
Mobile Services: The Service includes certain services that are available via
a mobile device, including the ability to upload content to the Service and the
ability to browse and otherwise access the Service or certain features thereof.
To the extent you access the Service through a mobile device, your wireless
service carrier’s standard charges, data rates and other fees may apply. By
using the Mobile Services, you agree that we and Rewards Providers may
communicate with you by automated SMS, MMS, text message or other
electronic means to your mobile device and that information about your usage
of the Mobile Services may be communicated to us. In the event you change
or deactivate your mobile telephone number, you agree to promptly update
your Koinz account information.
Conditions of Use
User Conduct: You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
(“content”), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such content originated. This means
that you, and not Koinz, are entirely responsible for all content that you
upload, post, email or otherwise transmit via the Service, and for all activities
and events that you facilitate via the Service.
Commercial Use: Unless otherwise expressly authorized herein or in the
Service, you agree not to display, distribute, license, perform, publish,
reproduce, duplicate, copy, create derivative works from, modify, sell, resell,
exploit, transfer or transmit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service. The Service is for your
personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree
that the Service may contain content (“Service Content”) that is protected by
copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by Koinz, you agree not to modify, copy,
frame, scrape, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Service Content, in whole or in part, except that
the foregoing does not apply to your own User Content (as defined below) that
you legally upload to the Service, if any. In connection with your use of the
Service, you shall not engage in or use any data mining, robots, scraping or
similar data gathering or extraction methods. Any use of the Site or the
Service Content other than as specifically authorized herein is strictly
prohibited. The technology and software underlying or related to the Service is
the property of Koinz, our affiliates and our partners (the “Software”). You
agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, or otherwise transfer any right in the Software. Any rights
not expressly granted herein are reserved by Koinz.
The Koinz name and logo are trademarks and service marks of Koinz
(collectively the “Koinz Trademarks”). Other company, product, and service
names and logos used and displayed via the Service may be trademarks or
service marks of their respective owners who may or may not endorse or be
affiliated with or connected to Koinz. Nothing in this Terms or the Service
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of Koinz Trademarks displayed on the Service,
without our prior written permission in each instance. All goodwill generated
from the use of Koinz Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Koinz be liable in any
way for any content posted by third parties (including Rewards Providers) or
at the direction of users, including, but not limited to, any errors or omissions
in any content, or any loss or damage of any kind incurred as a result of the
use of any content posted, emailed or otherwise transmitted via the Service.
You acknowledge that Koinz does not pre-screen content, but that Koinz
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or remove any content that is available via the Service.
User Content Posted on the Site or the Service: You are solely responsible
for the content and other materials you post on or through the Service or
transmit to or share with other users or recipients, whether as an end user or
otherwise (collectively, “User Content”), if any. You will not post any content
that you did not create or that you do not own all right, title and interest in and
to, including, without limitation, all copyright and rights of publicity contained
therein. By posting any User Content you hereby grant and will grant Koinz
and its affiliated companies a non exclusive, worldwide, royalty free, fully paid,
transferable, sub-licensable, perpetual, irrevocable license to copy, display,
transmit, perform, distribute, store, modify and otherwise use your User
Content in connection with the operation of the Service or the promotion,
advertising or marketing thereof, in any form, medium or technology now
known or later developed.
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Site or the Service
(“Submissions”), provided by you to Koinz are non-confidential and Koinz
shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
