You acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of the Privacy Policy (as defined below), when using any product, products service or services (collectively, the “Service”) offered by BestPoints (collectively, “BestPoints” or “we”). The term “you” (and “your”) for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you use the Service.
By registering, you represent and warrant that: (a) all information you submit in is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records and (c) your use of the Service does not violate any applicable law rule or regulation. You are responsible for maintaining this information current. (d) you have read Terms and Conditions.
Limitations:
- New features may be periodically included into BestPoints.
- The new features may only be applicable to another product category or to a newly launched product.
- You may get temporary beta-access to new features if BestPoints will ask you for participation.
- You are privileged to switch or change subscription in order to enjoy or access newly included features in our products.
Copyright:
- We reserve the exclusive right to the data and content on our website. Except as permitted by the copyright law applicable to you, you may not reproduce, or communicate any of the content on this website and the websites of our products including files downloadable from those websites, without written permission from us.
- You are prohibited from commercializing BestPoints and any products affiliated with the brand either directly or indirectly by selling any content obtained from BestPoints.
- We may change these terms of use from time to time. Check before re-using any content from this website.
Fair use and abuse
- You agree that you will use BestPoints in a way that does not disrupt the service for other users.
- In cases where we determine that you are approaching the limits of fair use, but not knowingly abusing the service, we may alert you by email before taking any further action.
- We reserve the right, at our sole discretion, to terminate orders that do not follow our fair-use policy.
Refund
The user has the right to request a refund, provided that the funds have not been used up after replenishing the balance if it is technically possible to return a payment transaction to a payment method provider. All purchases and activities made through the service on the site are final and non-refundable.
Prohibited activities
The following activities go against the BestPoints’ Terms of Service:
- Having and using multiple accounts at the same time.
- Utilizing Third-party programs, bots and other software with the aim of exploiting the system to the user’s advantage.
- Other illicit activities including but not limited to:
- Exploiting in-app bugs to the user’s advantage
- Attempts of fraud or extortion connected to in-app tasks
The BestPoints’ team reserves the right to deem any activity of the user as illicit, as well as to change those rules with no prior notice to the user.
Exclusion of Warranties.
Your use of the application and service is entirely at your own discretion and risk. The site and service are furnished to you “as is” and without warranties or conditions, statutory or otherwise, of any kind. BestPoints, on behalf of itself, and on behalf of its parents, affiliates, subsidiaries, licensors and third party service providers, and BestPoints’ and their directors, officers, employees, contractors, agents, successors, and assigns, (collectively, the “good parties”):(a) Expressly disclaims all warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not warrant that the service, or data provided through the service, will meet your requirements, or that its operation will be timely, uninterrupted, secure, or error-free or that any defects will be corrected; and (c) does not warrant or make any representations or conditions regarding the use or the results of the use of the service in terms of its accuracy, reliability, timeliness, completeness, or otherwise. You assume total responsibility for your use of the service.
This limitation of remedies is a part of the bargain between you and BestPoints. No oral or written information or advice given by BestPoints or any person on behalf of BestPoints shall create a warranty or condition, or in any way change this exclusion of warranty.
Nothing in these terms shall exclude or limit BestPoints’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
Indemnification.
You hereby agree to indemnify, defend and hold harmless BestPoints, from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any actual or alleged claim arising out of: (a) your use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of a third party’s rights, including, without limitation, any intellectual property, privacy or publicity rights; (e) any damage caused by or alleged to have been caused by you to the Site or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation.
Counsel you select for defense or settlement of a claim must be consented to by BestPoints prior to counsel being engaged to represent you and BestPoints. You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested in the defense or settlement of any claim. BestPoints reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of BestPoints.
Miscellaneous Legal Terms
These Terms and the Privacy Policy, together constitute the entire agreement between you and BestPoints with respect to the Service (excluding any services which BestPoints may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and BestPoints with respect to the Service.
The failure of BestPoints to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.
Any notice or other communications by BestPoints relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.
These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.
BestPoints may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, BestPoints’ express prior written consent.
BestPoints will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood, the elements, epidemics, labor conditions, power failures, and Internet disturbances.
BestPoints may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any other legal, equitable or technical rights and remedies that it may have, BestPoints may without limitation, immediately terminate or suspend your use of the Service and access to your Content, if BestPoints believes in its sole discretion that you are violating these Terms, or that you intend to do so.
BestPoints may add to, change or remove any part, term or condition of these Terms or Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).
