Benjamin Terms of Service
OVERVIEW
Benjamin Capital Partners, Inc (together with our affiliates, “Benjamin”, “we”, “our” or “us”) offers a website located at benjaminone.com, joinbenjamin.com, benjamincashback.com (the “Benjamin Site”), and a platform and related products, services, content and features through web-based platform and mobile device applications, including iOS and Android applications (each, an “App,” and collectively the “Apps”), and social media pages (including Facebook, Instagram, Twitter, LinkedIn, YouTube and others).
To make these Terms a small bit easier to read, the Apps, together with any Benjamin Site and any Benjamin-controlled social media pages, are collectively called “the Services.” By downloading, visiting, browsing, or using the Services in any way, users (“user,” “you” or “your”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and Benjamin. If you do not wish to be bound by these Terms, you may not access or use the Services.
Benjamin is a financial technology company and not a bank.
CHANGES TO THESE TERMS AND THE SERVICES
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately on the date that they are posted to the Benjamin Site and/or otherwise made available through the Services, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Because we are always evolving the Services we may change or discontinue all or any part of the Services, at any time and without notice to you, in our sole discretion.
WHO MAY USE THE SERVICES
We may, in our sole discretion, refuse to offer the Services to any person or entity at any time.
You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the Services. Users’ rights to access and use the Services are revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. You must be at least 18 years old or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the Services.
UNDER NO CIRCUMSTANCES MAY ANY USER SOLICIT OR SUBMIT TO BENJAMIN OR THE SERVICES ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. THE SERVICES ARE NOT INTENDED TO BE USED BY CHILDREN UNDER THE AGE OF 13.
LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, Benjamin grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.’
ACCOUNT AND REGISTRATION
Account Creation
To enjoy full access to the Services, you must download the App and create an account. All information that you provide to Benjamin and to any third parties in connection with your use of the Services must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.
Account Eligibility
In to download the App and create an account in the Services, you must (i) be 18 years of age or older, reside in the United States, and have a U.S.-based, non-VoIP mobile phone number; (ii) accept and agree to these Terms, including our Privacy Policy and any supplemental or additional terms presented to you; (iii) provide all information requested by us, such as your name, phone number, email address, and payment account information (“User Information”). Each individual user of the Services may only have one account. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. Our Privacy Policy governs our collection, use, storage, and disclosure of User Information.
Account Updates
You must notify us if any of your account information changes. If you fail to keep your account information up to date, we may suspend or terminate your account in our discretion.
Profile Information and Picture
You may not use someone else’s name, or any name, location, other public profile information, or image in a manner that violates that party’s rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Benjamin’s sole discretion. By using photos with the Services, you represent and warrant to Benjamin that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s). If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to publish the photo in the Services in accordance with these Terms. DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.
Account Security
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. If you become aware of unauthorizedaccess to your account, change your password and notify us immediately at support@benjaminone.com.
Account Deletion
You may delete your account by contacting us using the contact information provided below.
BENJAMIN REWARDS PROGRAM
The following terms apply to the Benjamin’s Rewards Program (the “Program Terms”) By participating in the Benjamin Rewards Program, you agree to the Program Terms, as the same may be revised from time-to-time in our sole discretion, with or without notice. Additional terms and conditions that apply to the Benjamin Rewards Program may be presented to you at the time of enrollment, and in which case, such additional terms and conditions shall be incorporated into and made part of the Program Terms.
Definitions
The following definitions apply to the Benjamin Rewards Program:
“Card Networks” – Visa, Mastercard and American Express (where applicable)
“Linked Card” – an eligible card that is enrolled in the Benjamin Rewards Program
“Service Providers” – the Service Provider providing Transaction Data for the Benjamin Rewards Program, including, but not limited to, GetKard
“Qualified or Qualifying Transaction” – a transaction meeting the criteria of the Benjamin Rewards Program and qualifies for rewards “Partner” or “Participating Brand” or “Merchant” – a Brand or Merchant Partner that is available and participating in the Benjamin Rewards Program and has offers available to you. The list of Partners, Participating Brands and Merchants may change from time to time, and a current list may be found in the App
How does Card Linking Work?
Please note, you can only link eligible cards, and when a card is linked/enrolled/registered, your qualified transactions will be monitored (as discussed below).
(a) Linking Your Payment Card
In order to receive cash back or rewards from us for Qualifying Transaction of goods or services from a Participating Merchant, or for referring other users to download our application (if applicable), you must link at least one eligible debit or credit card (a “Payment Card”) to your Account (once linked, it is a “Linked Card”). Please note that not all debit and credit cards are eligible to be linked to your account. All determinations as to whether a card is eligible to be a Linked Card are at our sole discretion. For example, certain Visa, Mastercard, and American Express cards are not eligible to be linked to your account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), Visa Buxx, and cards that are not processed through the Visa U.S.A payment system, the Mastercard payment system, or the American Express payment system. In order to be eligible as a Linked Card, it must be issued by a U.S. bank. In addition, you may not be able to link a debit or credit card to your account if the card is already linked to certain other card-linked-offer programs offered by us or by third parties.
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to be available for view or action in the Benjamin Rewards Program.
(b) Use of Linked Cards and Transaction Information
By registering a Payment Card in connection with transaction monitoring, and in order to enable us to provide the Services, you authorize us to share your payment information with third-party service providers; any Card Networks (including, but not limited to, e.g., Visa, Mastercard, American Express) with which your Linked Card is affiliated; and banks, financial intermediaries, and providers of payment processing services (together the “Card-Related Parties”). In particular, you authorize the Card-Related Parties to monitor transactions on your Linked Card(s) to identify Qualifying Transactions form a Participating Merchant in order to determine whether you have qualified for or earned an offer linked to your Linked Card, and for the Card-Related Parties to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. The data collected includes your registered card identifier, merchant location, transaction date/time and amount. You agree that we and the Card-Related Parties may view transactions made by you with participating merchants. You authorize participating merchants to provide us with historical transaction data.
We may also use service providers (including but not limited to) Plaid Technologies, Inc. (“Plaid”) to monitor transactions on your Linked Card(s) as discussed above. By using the Services, you grant service providers including but not limited to us, and Plaid the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored and processed by Plaid in accordance with the Plaid Privacy Policy.
You acknowledge that the Card Networks and Card-Related Parties may be unable to monitor every transaction made with your Linked Card, including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible.
For more information on how we use your Linked Card transaction information, see the “Benjamin Rewards Program” section of the Privacy Policy. You may opt-out of transaction monitoring on the Linked Card(s) you have registered by de-linking them through the Services or by terminating your account. To terminate your account and these Terms and your right to use the Services at any time and for any reason and for no reason, contact Customer Support and immediately discontinue all use of the Services. Please note that if you opt-out of transaction monitoring, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.
Cash Back and Referral Rewards Redemptions and Minimum Rewards Level
Once you have accumulated at least Twenty-Five Dollars (US $25.00) in Rewards (as defined below) in your Benjamin Rewards Program account (the “Minimum Withdraw Amount”), you may elect to have Benjamin distribute your Rewards via one or more of the available distribution options as shown in the Benjamin App.
The available distribution options are subject to change without notice to you, in accordance with these Terms, and you have no vested right to any particular form or method of distribution. You may not redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Distribution Amount, or if subsequently your Rewards fall below the Minimum Distribution Amount, for as long as your Rewards remain below the Minimum Distribution Amount. For each distribution option made available by Benjamin to you through the Services, Benjamin displays to you within the Benjamin App the Minimum Distribution Amount at any given time, in which case that Minimum Distribution Amount will apply. The Minimum Distribution Amount is subject to change by Benjamin at any time. Benjamin may, at its sole discretion, limit the amount of Rewards that you can distribute in any given period of time or for any particular transaction. If you elect to close your Benjamin account and you have undistributed Rewards that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Rewards prior to closing your account, and you must distribute those Rewards even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by Benjamin, and if you fail to properly distribute your Rewards in accordance with these Terms when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.
Taxes
Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide Benjamin with information Benjamin requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties, or fines) incurred by Benjamin as a result of your action or inaction in connection with the foregoing (including your failure to provide Benjamin with information). You agree that Benjamin is authorized to offset such tax liability from your Rewards.
User Rewards Generally
Benjamin may make available to you from time to time through the Services, offers on certain third-party products and services (each an “Offer”). When you transact through the Service, you will accumulate rewards in your Benjamin account (“Rewards”). Each Offer may be subject to additional terms and conditions and may be discontinued by Benjamin at any time without notice. At any time and in Benjamin’s sole discretion, Benjamin may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. Benjamin may, in its sole discretion, deduct from your Benjamin account any Rewards that Benjamin determines you have not earned or you have earned in violation of these Terms. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by Benjamin.
Rewards Ownership
Rewards provided by Benjamin are owned exclusively by Benjamin as a rebate on Benjamin Rewards Program members’ transactions. The reward balance displayed to members in their Benjamin App is a representation of the rebates funds allocated to you. Benjamin retains all rights to those funds and reserves the right to adjust the rewards balance at any time. Benjamin reserves the rights to hold or reclaim any rewards as listed in the members.
Referral Bonus:
How do I get a Referral Bonus?
Please note that there may be different types of referral bonuses available, and the specific bonus applicable to you and your referral at the time will be displayed within the app.
Referral Bonus Based on Qualifying Transactions
First, you must have an active and valid Benjamin Rewards Program account in good standing and invite someone to join the Benjamin Rewards Program using your specific referral link. Then, (1) the person you invited must create a valid account in the Benjamin Rewards Program through the use of your referral link and enter your referral code during the sign-up process within 90 days of your invitation (note that if the person does not sign up with your referral link and use your referral code, you will not be entitled to a bonus); and (2) You and your referral will each receive a referral bonus, the amount of which will be determined by Benjamin Rewards Program in its sole discretion and will be within the range of $5 to $15. The correct referral bonus amount will be visible within the app. The referral bonus will be awarded when the person you referred a) links an eligible Payment Card; and b) makes one or more Qualifying Transactions that total at least $1,000 within the first 90 days of creating a Benjamin Rewards Program account with the Linked Card. The Benjamin Rewards Program reserves the right to modify the referral bonus amount and the terms and conditions for the referral program at any time without prior notice.
Referral Bonus Based on Task Completion
In addition to, or as an alternative to, the referral bonus described in the previous section, Benjamin may, at its sole discretion, divide the referral bonus into separate tasks or milestones to be completed by you and/or the person you referred. The rules and requirements for these tasks or milestones, including but not limited to the specific tasks or milestones to be completed, the bonus amounts, and any time limitations, will be outlined within the Benjamin Rewards Program mobile app. These rules and requirements may be subject to change at any time without prior notice.
To be eligible for the referral bonus divided into tasks or milestones, both you and the person you referred must have valid and active Benjamin accounts in good standing. All tasks and milestones must be completed in accordance with the specific rules and requirements outlined within the app. The referral bonus, divided into tasks or milestones, will be awarded upon the successful completion of the required tasks or milestones, as determined by the Benjamin in its sole discretion.
The Benjamin reserves the right to modify or discontinue the referral bonus structure and amounts, including dividing it into tasks or milestones, at any time without prior notice.
The referral bonus will be paid to you and the person you referred in accordance with Benjamin’s then-current payment policies. Benjamin reserves the right to modify or terminate the referral bonus program at any time, in its sole discretion.
Please see the “Additional Terms for Bonus Programs” below for additional terms and conditions that apply to all referrals.
THIRD-PARTY PAYMENT PROVIDERS AND REWARDS CASH-OUT
Certain distribution options are provided by licensed money transmitters authorized by Benjamin to operate in connection with the Services (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through an Authorized Money Transmitter, you further agree (i) that Benjamin is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.
Service Credits & Returns
Rewards will be rescinded in the event that a Qualifying Transaction is refunded or cancelled for any reason. If you earn Rewards with a purchase Qualifying Transaction that is later refunded or cancelled, and you have already redeemed or withdrawn the Rewards earned for that Qualifying Transaction, Benjamin may do any combination of the following: (a) cancel the Qualifying Transaction, (b) interrupt delivery of any Rewards, gift cards, or other redeemed items (c) withhold subsequent Rewards awards, (d) refund the Qualifying Transaction amount less Rewards redeemed or withdrawn, or (e) deduct funds from your Benjamin Rewards Program account, which may result in a negative balance in your Benjamin Rewards Program account. Furthermore, Benjamin reserves the right to deduct future awards of Rewards from your Benjamin Rewards Program account to satisfy any amount you may otherwise owe Benjamin under these Terms or the Benjamin Rewards Program Terms. Alternatively, Benjamin reserves the right to suspend your account until it is brought current.
ADDITIONAL TERMS FOR BONUS PROGRAMS
From time to time, Benjamin may introduce special bonuses or incentives that may be available to you in connection with the Services (“Bonuses”). You will not be eligible to earn Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Bonuses for inviting themselves. While users are welcome to promote the referral program to their friends and family, we reserve the right to request that users remove their referral code from any public website or forum if we believe that it is being used in a way that is inconsistent with our terms and conditions. Such actions violate these Terms and shall be grounds for Benjamin to terminate your account, rescind any Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, Benjamin reserves the right to decline to award to you Bonuses, rescind Bonuses, demand repayment of Rewards credited, or take other remedial actions.
REFERRAL PROGRAMS
The Services may include referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, email addresses, social media networks, , names, street addresses and other contact information, so that they may receive information about and/or promotional offers concerning the Services, including the Referral Bonus Program described above. You may only refer persons that have given you permission, and you are responsible for informing the Referred Person that communications may be sent to them from the Services on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information, and you represent and warrant that Benjamin will have the right to send such communications without violating the privacy rights of the Referred Person.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted, but you may ask us to delete it. A Referred Person must be of legal age of majority in his/her/their jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it/they appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms (including the Benjamin Rewards Program ) which are deemed incorporated into, and subject to, these Terms. We may suspend or terminate any and all referral programs without notice, reason or liability.
THIRD-PARTY MERCHANTS
The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by Benjamin. All matters concerning such products, information and services are solely between you and such merchants. Benjamin does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. Benjamin will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.
SUBSCRIPTION FEES; PAYMENTS TO THIRD PARTIES
Benjamin does not charge you any subscription or other fees for use of the Services.
In connection with your download and use of the Services, you do agree to pay all applicable fee(s), taxes and other charges owed by you to third parties for products and services made available to you through use of the Services. You may be asked to provide a payment method (such as a credit, charge or debit card number) in order to activate your account, along with other payment information, to one of our third party payment processor(s). You authorize our payment processor to charge your payment method for any charges for products or services you purchase in connection with use of the Services.
TERM AND TERMINATION; ACCOUNT DELETION
Term
These Terms begin on the date you first use the Services and continue as long as you have an account with us and/or continue to use the Services.
Termination and Content Removal
Benjamin may, in Benjamin’s sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your account, or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Benjamin determines that you have violated these Terms or that your conduct or User Content would tend to damage Benjamin’s reputation or goodwill. If Benjamin deletes your account or terminates your account, you may not re-register for or use the Services under any other user name or profile without the express written consent of Benjamin. Benjamin may block your access to the Services to prevent re-registration.
Effect of Termination / Account Deletion
Upon termination of these Terms all licenses granted by Benjamin will terminate. In the event of account deletion for any reason, User Content may no longer be available and Benjamin is not responsible for the deletion or loss of such User
Content
USER CONTENT
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Services.
As between you and Benjamin, you represent that you own (or have all rights necessary to grant Benjamin the rights below to) all User Content that you submit to the Services, and that Benjamin will not need to obtain licenses from any third party or pay royalties to any third partyin order to use such User Content. You grant Benjamin a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes.
FEEDBACK AND SUGGESTIONS
Any communication or other material that you send to us, such as any questions, comments, feedback, suggestions, testimonials, or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Services. As further described herein, you are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.
PRIVACY POLICY
Please review Benjamin’s Privacy Policy (the “Privacy Policy”) at www.benjaminone.com/privacy-policy which explains how we use the information that you submit to us.
RIGHTS AND TERMS FOR APPS
Rights in Apps. Subject to your compliance with these Terms, Benjamin grants to you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of any Apps offered by Benjamin on a mobile device that you own or control and to run a copy of the App(s) solely for your own personal, non-commercial purposes. You may not make copies of any App without Benjamin’s prior written consent. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on Apps; (ii) distribute, transfer, sublicense, lease, lend or rent Apps to any third party; (iii) reverse engineer, decompile or disassemble Apps; (iv) make the functionality of Apps available to multiple users through any means; or (v) otherwise sublicense Apps to any third parties in any manner. Benjamin reserves all rights in and to its Apps not expressly granted to you under these Terms.
Accessing Apps from the Apple App Store.
The following terms apply to any App accessed through or downloaded from the App Store made available by Apple Inc. (“Apple”) where the Apps may now or in the future be made available. You and Benjamin acknowledge and agree that with respect to any App made available in Apple’s App Store:
These Terms are between you and Benjamin, and not with Apple, and Benjamin (not Apple), is solely responsible for the App and the Content therein.
Apple has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Benjamin.
Benjamin (and not Apple) is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including (if applicable) in connection with an App’s use of Apple’s HealthKit and HomeKit frameworks.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Benjamin (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You represent and warrant to Benjamin and to Apple that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third-party terms of agreement when using any Apps, for example, the terms of service of Benjamin’s hosting provider.
GENERAL PROHIBITIONS AND USER CONTENT STANDARDS
You agree not to do any of the following:
Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, or any part thereof, unless expressly permitted in writing by an authorized representative of Benjamin;
Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person,animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
Download and/or install any third-party software and/or application on any Benjamin hardware that is not expressly permitted by Benjamin in writing;
Use, display, mirror or frame the Services or any individual element within the Services, Benjamin’s name, any Benjamin trademark, logo or other proprietary information, without Benjamin’s express written consent; nor alter, modify and/or remove any copyright or other proprietary notice associated with the Services;
Access, tamper with, or use non-public areas of the Services, Benjamin’s computer systems, or the technical delivery systems of Benjamin’s providers;
Attempt to probe, scan or test the vulnerability of any Benjamin system or network orbreach any security or authentication measures;
Attempt to access, scrape or search the Services or Content or download Content from the Services, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Benjamin or other generally available third-party web browsers;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Benjamin;
Interfere with, or attempt to interfere with, the access of any user, host or network,including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without Benjamin’s express written consent;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
We reserve the right, but are not obligated, to remove or disable access to the Services and/or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, determine that a user has violated these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Benjamin and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your access to, or use or misuse of, the Services and/or Content, (ii) any User Content submitted by or on behalf of you, including with respect to any violation of any intellectual property or other right of any third party or (iii) your breach of these Terms. In addition, you shall defend, indemnify and hold harmless Benjamin and its officers, directors, shareholders, employees, the Payment Card Networks, Service Providers and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of the terms of this Agreement relating to the Benjamin Rewards Program or any activity by you in relation to the Benjamin Rewards Program or your use of the Benjamin Rewards Program.
THIRD-PARTY LINKS
There may be links on the Services that let you leave the particular Services you are accessing in order to access a linked site that is operated by a third party. Benjamin neither controls nor endorses these sites, nor has Benjamin reviewed or approved the content that appears on them. Benjamin is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that Benjamin is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.
NO WARRANTIES
Benjamin reserves the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, smart phone, mobile device, Internet connection, virtual or augmented reality headset, etc.) to the Services. Benjamin has the right but not the obligation to screen or monitor any Content and Benjamin does not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time.
THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDEDTHROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE
PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BENJAMIN, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER BENJAMIN, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BENJAMIN, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Without limiting the foregoing, Benjamin makes no representations or warranties:
That the Services are or will be permitted in your jurisdiction;
That the Services will be uninterrupted or error-free;
Concerning any Content, including User Content;
That the Services will meet your personal or professional needs;
That Benjamin will continue to support any particular feature of the Services; or
Concerning sites and resources linked to, or integrated with, the Services.
LIMITATION OF LIABILITY
In the event of any problem with the Services and/or any Content, you agree that your sole remedy is to cease using the Services and Content. In no event shall Benjamin, the Payment Card Networks, affiliates, and third party providers, licensors, distributors, or suppliers (collectively, "Suppliers ") be liable to you for any amount exceeding $100, or for any special, indirect, incidental, consequential, punitive or exemplary damages, or any other damages whatsoever, resulting from the use of the Services (or with the delay or inability to use the Services) or any Content or otherwise arising out of using the Services and Content, whether under a theory of breach of contract, tort, strict liability, negligence, or otherwise, even if such party has been advised of the possibility of such damages. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or similar damages, the above limitation does not apply to you. To the extent that one or any aspect of the limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Benjamin and you.
INTELLECTUAL PROPERTY
The Services, its software, features and functionality, and all of Benjamin’s Content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Benjamin or its licensors, as the case may be, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Benjamin, Benjamin owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Services. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited.
The Benjamin name, logos and affiliated properties, designs and marks are the exclusive property of Benjamin, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Services are trademarks of Benjamin or their respective owners. Our partners or service providers may also have additional proprietary rights in certain Content that they make available through the Services. All rights not expressly granted in these Terms are reserved by Benjamin.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES
Headings are for convenience only and shall not be used to construe these Terms. If any portion of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that portion will be enforced to the maximum extent permissible and otherwise severed from these Terms. No failure or delay by Benjamin in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Benjamin. Benjamin’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Benjamin’s prior written consent. Benjamin may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
NOTICES
You consent to electronic delivery for all notices, agreements, disclosures, or other information from Benjamin. Benjamin may communicate with you by email or by posting notices to you through the Services. For support-related inquiries, you may email support@benjaminone.com.
For all other notices to Benjamin, write to the following address: support@benjaminone.com.
Nothing in these Terms or otherwise limits Benjamin’s right to object to subpoenas, claims, or other demands.
ENTIRE AGREEMENT; MODIFICATION
These Terms represent the entire understanding between Benjamin and you regarding the Services and/or Content and supersede all prior agreements and understandings regarding the same. These Terms cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are not partners, joint venturers, agents, employees or representatives of the other party.
FORCE MAJEURE
Neither you nor Benjamin shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
NOTICE TO INTERNATIONAL USERS
The Services are operated from the United States and international users of the Services agree to be subject to applicable laws in the United States as set forth in the GOVERNING LAW AND JURISDICTION section above. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
Use of Cookies.
BENJAMIN uses cookies to ensure that we give you the best experience on our website or mobile applications. If you continue to use our website and mobile applications without changing the settings on your web browser, we will assume that you have authorized us to receive cookies on the BENJAMIN website and mobile applications. You may, however, change your cookies settings at any time, but you may not be able to access the website or mobile applications, or the performance of the website or mobile application may not be optimal.
Contests and Sweepstakes
We may offer contests, sweepstakes, giveaways, and similar promotions from time to time. If we do, supplemental terms and conditions apply, which can be viewed here.
Questions About Terms of Use
If you have any questions or concerns about this Terms of Use policy, please contact us at:
Benjamin Capital Partners Inc. | Email: support@benjaminone.com
This Terms of Use was last updated on March 27th, 2023.
