By registering for the Services, you agree as follows:
In order for us to track your applicable balances and display them to you, and for us to follow your instructions with regard to accessing your account balances, we need to know specific information regarding your gift card, prepaid access or other accounts associated with your Boonkart account (such as your card number, card account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions using the Services. By using the Services, you agree that we may communicate with you electronically any important information regarding your Boonkart account and the gift cards you associate with it, as well as your use of the Boonkart mobile application and your use of Boonkart to access and use your gift cards or to access stored card information. By using the Services, you also authorize us, on your behalf (1) to contact the issuers and processors of your gift cards and to receive information from them relating to your gift cards; (2) to request and obtain your balance information and periodically access your gift card data; (3) to accept, process and fulfill your instructions to transfer or otherwise allocate or direct funds to or from your designated gift card accounts upon your request (all in accordance with any authorization procedures as may be agreed from time to time between you and us or between us, on your behalf, and the gift card issuer or processor); and (4) to initiate debit or credit entries to your designated gift card accounts either pursuant to your instructions or, in the event there is an error in the processing of any transaction, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations (and, if there are any applicable fees from your issuer or processor, to deduct such amounts from your Boonkart account balance). Your authorizations will remain in full force and effect while you maintain your Boonkart account. You agree that we are your agent for the four (4) limited purposes stated in this paragraph. You represent and warrant to us that you have the authority to appoint us as your agent for these limited purposes and, in connection therewith, to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Services to you. You agree that we may use and store this information on our servers, and that (when you use any mobile App to use the Services) we may access information stored in the secure storage area of your mobile device to facilitate transactions on your behalf. You authorize and direct us to open all electronic mail we receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize us to provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
You are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. As a user, Boonkart grants you a limited, non-transferable, revocable, license to use the Services in accordance with these Terms. You may only use the Services to register and view information presented at the Site or in connection with the Services, and to make legitimate inquiries, requests or submissions, including in connection with access to electronic or online wallet services provided by others and which you access through or in connection with the Site or the Services. You may not use the Services for any other purposes. No part of the Services or any content contained therein may be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered. You are strictly prohibited from (i) using any method, device, software or routine to interfere or attempt to interfere with the proper working of the Services, (ii) taking or attempting to take any action that imposes a burden or load on the Services or any system or communication path utilized by the Services, (iii) posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or (iv) posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any use of the Services.
Boonkart or its affiliates may present you with offers through your use of the Services, including promotions or offers provided by others (collectively, “Offers”). In consideration for Boonkart granting you access to the Services, you agree that Boonkart may display advertisements or Offers in connection with the Services, and that Boonkart may deliver advertisements or Offers to your mobile device and otherwise to you, including time-bound and location-based Offers, new product alerts or other communications branded by Boonkart or third parties with whom Boonkart contracts.
In addition, promotions offered by Boonkart are intended for your personal use. Selling this card to another user is a violation of this Agreement. If the card you purchase becomes listed for sale on another, secondary market website or sold to another user, Boonkart is not responsible for any balance on the card, nor will Boonkart honor any claims for refunds or reimbursement.
In order to use or avail yourself of the Offers, you may be required to agree to additional terms and conditions from the providers of the Offers and may be subject to additional requirements of those providers. If you elect to avail yourself of an Offer, you also authorize us, on your behalf (1) to contact the provider of the Offer; (2) to receive information from them relating to your Offer; (3) to periodically access data related to your Offer; (4) to accept, process and fulfill your instructions to transfer or otherwise allocate or direct funds to or from your designated gift card accounts upon your request (all in accordance with any authorization procedures as may be agreed from time to time between you and us or between us, on your behalf, and the gift card issuer or processor) in connection with the Offer; (5) to store information about the Offer and the redemption of that Offer; and (6) to provide information to the provider of the Offer (or their designee), including by permitting the provider (or their designee) to access information from your mobile device at the time you use that device to access or redeem your Offer, and by transferring information to the provider as needed to access or redeem the Offer. You will receive terms and conditions of Offers at the time you receive each Offer; and you agree to be bound by the terms and conditions of the Offers you accept. You agree that we are your agent for the six (6) limited purposes stated in this paragraph. You represent and warrant to us that you have the authority to appoint us as your agent for these limited purposes and, in connection therewith, to use your name, passwords, usernames and any other information you provide to us for purposes of providing the Offers to you, accessing the Offers and redeeming the Offers. You agree that we may use and store this information on our servers. You authorize and direct us to open all electronic mail we receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize us to provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
Boonkart may provide you with reminders that you have Offers pending or about to expire. Nonetheless, you agree that it is your responsibility to ensure that you use any Offers before their expiration date and that Boonkart, the providers of the Offers, and affiliates of each, have no liability if you fail to use any Offers, if we or they fail to remind you of any pending Offers or if you fail to adhere to the terms and conditions of the Offers. Unless otherwise stated in an Offer, Boonkart is not responsible for the terms and conditions applicable to any Offer or for the compliance of those terms and conditions with any applicable laws.
Additional terms and conditions may apply to the Services, the Boonkart website, and/or the purchases of goods and services and use of the App, and you agree to abide by such additional terms and conditions, e.g., card issuer's terms and conditions. All gift cards and prepaid access are issued with specific terms, which typically appear with the gift card or other prepaid access or are provided to you separately by the issuer, processor or program manager for that prepaid access. These Terms do not amend or otherwise modify your agreement with the issuer or processor of your gift cards or prepaid access or other accounts associated with your Boonkart account, except as set forth in these Terms; and in the event of any inconsistency between these Terms and your agreement with any of them, these Terms govern with respect to your use of the Services, the Boonkart website or your access to or redemption of any the prepaid access or Offers using the Services or the Boonkart website. Without limiting the foregoing, products and services available in connection with the Site and/or our Services may be made available to you through the use of third-parties (e.g. third party authentication services). YOU AGREE THAT WE ARE NOT LIABLE FOR PRODUCTS AND/OR SERVICES OFFERED BY SUCH THIRD PARTIES, NOR ARE WE LIABLE FOR ANY ACTS OR OMISSIONS OF SUCH THIRD-PARTIES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
THE APP AND THE CONTENT LOCATED THEREIN IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Boonkart DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, Boonkart DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR BE ERROR-FREE, Boonkart DOES NOTWARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED IN THE APP OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF Boonkart.
THE SERVICES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE. Boonkart ASSUMES NO RESPONSIBILITY WITH RESPECT TO, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SERVICES.
You shall defend, indemnify and hold harmless Boonkart, its affiliates and their officers, directors, employees and agents from and against any and all claims, liabilities, demands, costs, expenses, penalties or other actions arising from your use of the Services or violation of these Terms.
These Terms and its performance shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas, in all controversies arising out of your use of the Services and these Terms.