QuadPay, Inc. Fest Program Terms and Conditions
The following Terms and Conditions (“Terms”) apply to QuadPay Fest Program (“Program”) offered by QuadPay, Inc. (“we”, “QuadPay” or “Company”). As part of the Program, we are offering users in the United States (“you”) opportunities (“Offers”) to earn certain cash back rewards payable by Quadpay (“Rewards”), all in accordance with and subject to the Terms set forth below.
You may participate in the Program using any of our mobile application (provided that you transact using QuadPay’s Virtual Card), chrome extension (provided that you transact using QuadPay’s Virtual Card) or our payment gateway via integrated merchants’ e-commerce platforms (in either case, the “Platform”) by successfully completing a purchase transaction (“Transaction”) through certain of partners and retailers who are identified in an Offer (collectively, “Merchants”) between 8 am on April 29, 2021 (Eastern Time) and 11:59 pm on May 2, 2021 (Eastern Time) (“Program Period”).
Certain offers may be made directly by Merchants and promoted as apart of the Program, such as via discount code or link out to a Merchant site, and the Merchants themselves are responsible for any such offers. Any terms and conditions applicable to such offers are the responsibility of the applicable Merchants. Quadpay is only responsible for our own Offers, and only our Offers are subject to these Terms.
- Binding Agreement. By using the Platform or participating in the Program, you are bound by these Terms and indicate your agreement to them. All of the Company’s decisions are final and binding. These Terms incorporate by reference and are subject to the Company’s Customer Agreement available at https://zipus.wpengine.com/quadpay-terms-of-service/ (Capitalized terms not otherwise defined shall have the meanings set forth in the Customer Agreement.)
- Eligibility. If you are under the age of legal majority in your state, then you may not use or access the Platform or participate in the Program. Without limiting the foregoing, children under 13 years old are prohibited from accessing the QuadPay Platform or otherwise providing any personal information to QuadPay. Specific Offers may be made available under the Program to individual users, in which case such Offers are personal and non-transferrable. Other Offers made available under the Program may be available generally to classes of users or to all users, as indicated in the Offers themselves.
- How the Program Works.
- Each Offer specifies the amount of the available Reward and a required minimum Transaction value for such Offer (e.g., “$10 back on a $100 minimum transaction”).
- In order to receive any given Reward, you shall have:
- successfully completed a Transaction, using the Platform, with a Merchant for an amount no less than the minimum amount specified in the applicable Offer for such Merchant (if any); and
- made all payments due and payable to QuadPay, pursuant to Company’s Customer Agreement, in connection with such Transaction by no later than June 14, 2021, failing which you will not be eligible to earn any Reward for such Transaction.
- If a Merchant processes a refund (full or partial) of a Transaction made by you, such that the net amount of the Transaction after such refund will be less than the minimum amount specified in the applicable Offer for such Merchant (if any), you will not be eligible to earn any Reward for such Transaction.
- Your right to earn Rewards under any Offer shall be subject to any maximum Reward or minimum Transaction amounts, as may be specified in the applicable Offer.
- Notwithstanding any of the foregoing, you may not receive more than an aggregate of $40 as Rewards from all of your Transactions during the Program Period with any single Merchant.
- Provided your satisfaction of each of the foregoing conditions for each qualifying Transaction, you will receive by June 30, 2021 the corresponding Reward by way of a cash back deposit or refund to your original mode of payment (such as a credit card or debit card) for such Transaction.
- Restrictions. You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of Offers or personal links on any website or social media platform. If we believe that a link or Offer associated with your account was used in such a manner, we have the right to revoke all Rewards granted to you and/or remove you from our Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Neither Redeemable Nor Transferable. Except as otherwise provided by these Terms, Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
- Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY QUADPAY, OR THE COST OF SUBSTITUTE SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE QUADPAY PLATFORM OR QUADPAY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless QuadPay and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Losses incurred in connection with (i) your use or inability to use the QuadPay Platform or Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your account to the QuadPay Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Losses resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. QuadPay reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of QuadPay. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE FIFTY DOLLARS ($50).
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE QUADPAY PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QUADPAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE QUADPAY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE QUADPAY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE QUADPAY PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
- Taxes. If you receive a Reward under the Program, you are responsible for all applicable taxes and fees resulting from it, if any.
- Severability. If any provision in these Terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate these Terms or the Program at any time for any reason in our sole discretion. We reserve the right to disqualify any user at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
Last Updated: April 19, 2021