Last updated: June 20,2017
Thanks for using our products and services (“Services”). The Services are provided by EarnWallet Inc. (“EarnWallet”), located at 3530 Wilshire Boulevard Suite 699, Los Angeles, CA 90010, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
Our Services enable users of EarnWallet’s mobile applications or websites to purchase digital Stored-Value Cards (together, “Stored-Value Card”, “Gift Card”, “Prepaid Card”, “Promo Code”), display the Stored-Value Card in a mobile application intended to pay participating EarnWallet merchants (“Merchant Affiliates”), and earn Rewards (together, “Stamps”, “Stamp Card”). Unless otherwise agreed by EarnWallet in a separate written agreement with you, our Services are made available solely for your personal, noncommercial use.
Your access and use of our Services constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and EarnWallet. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
EarnWallet may amend the terms related to the Services from time to time. Amended terms will be disclosed to you and those amended terms become part of your agreement with us if you use the Services.
Using our Services does not give you any ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
EarnWallet grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use our Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through our Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by EarnWallet and EarnWallet’s licensors. Any offer for any products or services made in or through our Services is void where prohibited.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of our Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Services except as expressly permitted by EarnWallet, (iii) decompile, reverse engineer or disassemble our Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of our Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our Services or unduly burdening or hindering the operation and/or functionality of any aspect of our Services; or (vi) attempt to gain unauthorized access to or impair any aspect of our Services or its related systems or networks.
Our Services and all rights therein are and shall remain EarnWallet’s property or the property of EarnWallet’s licensors. Neither these terms nor your use of our Services convey or grant to you any rights: (i) in or related to our Services except for the limited license granted above; or (ii) to use or reference in any manner EarnWallet’s company names, logos, product and service names, trademarks or service marks or those of EarnWallet’s licensors.
Your EarnWallet Account
In order to use most aspects of our Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to our Services certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card, bitcoin, or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use our Services or EarnWallet’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Adtouch Labs in writing, you may only possess one Account. Users may not maintain more than one Account, in the event more than one Account is assigned to the same individual, the duplicate Account will be cancelled, and only the applicable Stamps, excluding any enrollment bonus, can be transferred to the remaining Account. By using our Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you are using our Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these terms and you agree to be bound by these terms on behalf of such organization. When using our Services, you agree to comply with all applicable laws from your state and city in which you are present while using our Services.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using our Services, and you may not use our Services for unlawful or fraudulent purposes, including but not limited to engaging in transactions involving stolen, fraudulently obtained, counterfeit or otherwise illegitimately obtained financial means to finance a transaction of any kind. You will not in your use of our Services cause nuisance, annoyance, or inconvenience, whether to the Merchant Affiliates or any other party. In certain instances you may be asked to provide proof of identity to access or use our Services, and you agree that you may be denied access to or use of our Services if you refuse to provide proof of identity.
In its sole discretion, at any time, and for any or no reason, EarnWallet may prevent or restrict access to our Services or any part thereof for all or certain users, with or without notice. Access may vary by user. Any actual or suspected fraudulent, abusive, or illegal activity is ground for termination of your use of our Services or any Stored-Value Card in EarnWallet’s sole discretion and may be referred to appropriate law enforcement authorities.
Limits may apply to the amount that may be purchased by a user via our Services during a certain time period (e.g., per day), per Merchant Affiliate, per transaction and other limits and restrictions. Limits will be set by EarnWallet in its sole discretion and are subject to change.
You may correct your Account information at any time by logging into your Account. If you wish to cancel your Account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your Account, or if we believe you have committed fraud or violated our terms, we may seek to resolve the issue before deleting your information.
Charges paid by you are final and non-refundable, unless otherwise determined by EarnWallet.
Any returns, credits or exchanges of the products or services that are purchased using a Stored-Value Card will be governed by the applicable Merchant Affiliate’s Stored-Value Card policies terms and conditions. Such Merchant Affiliate’s policies terms and conditions may be subject to change at the Merchant Affiliate’s sole discretion, if permitted by law. You may be entitled to only store credit with any return or exchange.
If we fail to deliver a Stored-Value Card you have purchased, we deliver a Stored-Value Card with an electronic code that does not function properly, or you have a question about Stamps awarded in connection with any Service transaction, please contact us using the contact method listed within the EarnWallet application.
Disputes or claims regarding any failure of any Stored-Value Card to be purchased or delivered, or any other failure related to using our Services to complete your transaction, will be subject to these terms, and neither the Merchant Affiliate nor the issuer of the payment card (or other payment product) used to purchase the Stored-Value Card (the “Issuer”), nor any distributor of the Stored-Value Card (“Distributor”), shall have any responsibility with respect to such disputes or claims. If you are entitled to a refund for any reason for products or services obtained with a Stored-Value Card, you agree to accept credits to a Stored-Value Card or a replacement Stored-Value Card for such refunds or such other handling as provided in the applicable Merchant Affiliate’s policies terms and conditions.
If you have a problem with a purchase that you made with your Stored-Value Card, or if you have a dispute with the Merchant Affiliate, you must handle it directly with the Merchant Affiliate. Any disputes or claims relating to Stored-Value Cards that are purchased or delivered using our Services, including without limitation any disputes or claims related to products or services purchased with any Stored-Value Card, must be handled in accordance with the applicable Merchant Affiliate’s policies terms and conditions, and none of EarnWallet, the Issuer and any Distributor shall have any responsibility with respect to such disputes or claims.
TREAT THE STORED-VALUE CARD LIKE CASH. Stored-Value Cards cannot be replaced, refunded, reissued, or redeemable for cash except where required by law.
Stored-Value Cards do not expire.
Stored-Value Cards are usable up to the remaining balance only to buy goods and services at participating Merchant Affiliates. You may not purchase other Stored-Value Cards with the Stored-Value Card. The Merchant Affiliate or EarnWallet are not responsible for lost, stolen or destroyed Stored-Value Cards, and are not responsible for unauthorized use of the Stored-Value Card.
You are responsible for keeping track of your available Stored-Value Card balance, if any. EarnWallet make no warranties, express or implied, with respect to the Stored-Value Card and disclaims any warranty to the fullest extent available. For a dispute with any Merchant Affiliate, you release EarnWallet (and its affiliate and subsidiaries, officers, directors, employees and agents) from any and all claims connected with such dispute.
Stored-Value Card purchases using our Services cannot be combined with any other offer, promotion, or group including, but not limited to Merchant Affiliate provided Stored-Value Card promotions and credit card category bonuses.
Stamps are earned towards EarnWallet Credit or Stored-Value Card redemptions. Users will earn Stamps based on variable earn rates provided for each Merchant Affiliate, promotions and sweepstakes, the payment method used to purchase a Stored-Value Card, enrollment and referral bonuses, and other actions completed while using our Services. EarnWallet reserves the right to change, in its sole discretion, program rules, benefits, regulations, the amount of Stamps needed to redeem for EarnWallet Credit or a Stored-Value Card, the amount of Stamps earned on a transaction, reward terms and conditions, and special offers at any time without notice. This means that EarnWallet may initiate changes, for instance, rules for earning Stamps, rules for using Stamps, or continued availability of Merchant Affiliate and reward options. Stamps may only be used from a single Account per transaction. You may not combine Stamps from two or more Accounts on a single transaction. Stamps are not the property of any user. Stamps may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law, upon death, or in connection with any domestic dispute and/or legal proceeding.
Stamps do not expire, however EarnWallet reserves the right to deactivate or close an Account under the following circumstances:
Last updated: June 20,2017
EarnWallet collects information about you when you use our mobile applications. This Privacy Statement (“Statement”) applies to persons who use our Services to purchase Stored-Value cards and use Stamps (“Users”).
Information we collect
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the our Services want permission to access certain types of data and will let you content (or not consent) to that request. Android devices will notify you of the permissions that the our Services seek before you first use the app, and your use of the app constitutes your consent.
We may also receive information from other sources and combine that with information we collect through our Services. Including, for example, if you choose to link your Account with a payment provider (e.g. Coinbase), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
How we use information we collect
EarnWallet will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. EarnWallet does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with content to do so.
If you have any questions about this Privacy Statement, please contact us at firstname.lastname@example.org, or write us at EarnWallet Inc. Attn: Legal, 3530 Wilshire Boulevard Suite 699, Los Angeles, CA 90010.