Givbux App


GIVBUX | TERMS AND CONDITIONS


Givbux Global Partners Inc.


Terms and Conditions of Using The Purchasing Application

Last updated: October 8th, 2019

These Additional GivBux App Terms of Service (the “GivBux Terms”) govern your use of GivBux App, a rewards payment system used to purchase goods (the “Service”) offered by GivBux Global Partners, Inc. merchants (“GivBux,” “we,” “our,” or “us”). By using the Service you agree to be bound by these Terms, the E-Sign Consent, and the General Terms of Service (“General Terms”) and all other terms and policies applicable to each Service as set forth below (e.g. the Payment Terms if you are a GivBux for Business Seller (defined below). If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. If you use the Service to transact in Bitcoin, you agree to the Additional Virtual Currency Terms of Service (collectively with the E-Sign Consent, General Terms, GivBux Terms and Payment Terms, the “Service Terms”).

GivBux is an international global purchasing application that can be used at any of our participating merchants around the world.

I. Eligibility and Purchase of Rewards.

You must be at least 18 years of age with a valid credit/debit card (in your own name) to be able to purchase GivBux rewards. Any person of any age can download and use the GivBux app through the virtual peer to peer portion of sending and receiving Rewards. They will then be able to make purchases with their GivBux app. Certain features of the Service will only be available for use in the United States. Certain merchants will only be available in the country of operation.

A purchased amount of $5,000 USD can be purchased into your GivBux app in any given 30-day (calendar month) period. This can be done in any amount of transactions. Should larger amounts be required to be purchased, a Government issued ID will be required by GivBux, in order to verify your person. Unlimited purchases can be made at any time.

GivBux Rewards Definition: ONE PURCHASED REWARD IS THE EQUIVILANT TO (1) one USD dollar to be spent at any GivBux Merchant

II. GivBux App Account and Communication

1. GivBux App Account

You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate. All Account Information is subject to GivBux’s Copyright and Trademark Policy.

To register, open and use an Account, GivBux may require that you submit certain Account Information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification to GivBux.

The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified, you may be required to set up a new Account.

You hereby authorize GivBux, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account Information and, for GivBux for Business Accounts, your company or employer. This may include asking you for further information and/or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.

In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or the Service Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.

1.a In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at [website], [email] and/or [phone number]. Dwolla is an independent third-party supplier of GivBux.

2. Funding Sources Used for Payments Made Through the Service

When you initiate a purchase through the GivBux App, if you have sufficient Rewards in your GivBux App Account (defined below) to satisfy the full payment amount you will have the full purchase payment fulfilled by your GivBux App account. If you do not have sufficient Rewards in your GivBux App Balance to cover the full transaction you may choose the funding source from your linked external accounts.

You may link an external, bank account (an “Eligible Bank Account”) to your GivBux App to purchase rewards in order to make purchases through the GivBux App. GivBux reserves the right to limit which banks or what types of accounts constitute an Eligible Bank Account. If you choose to link your Eligible Bank Account to your GivBux App by providing the username and password you use to access your bank information online (“Credentials”), you acknowledge you are providing your Credentials to GivBux. and agree to the terms of service.

3. GivBux Invitation codes

GivBux will assign a unique alpha-numeric name to identify yourself on the Service (a “GivBuxIC”). Your GivBuxIC will accurately represent your business or personal identity. You may not select a GivBuxIC/username that misleads or deceives others as to your identity or creates an undue risk of charge-backs or mistaken payments. We may require you to change your GivBuxIC/username or details of your Account Information in our sole discretion; and, we may reclaim or make unavailable GivBuxIC/usernames without liability to you.

4. Sharing of Your Information

We will share Account Information and transaction information, including your name, the amount, and a description, with the other party to your transaction and in accordance with our Privacy Policy.

5. Text Messages

By providing us with a mobile number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.

III. GivBux App Balance

1. General

a. Functionality. Your balance consists of the rewards you have in your Account that are available for new transactions and are not subject to pending transactions (your “GivBux App Balance”). You are solely responsible for all purchases necessary to complete any payments initiated through the Service. You agree to reimburse GivBux for any fees, costs, or expenses it incurs as a result of insufficient or unavailable Rewards in connection with any payment you initiate through the Service.

b. Authorization. By instructing us through the GivBux App to add additional rewards from an Eligible Bank Account or Demand Deposit Account (both defined below) or debit/credit card to your GivBux App Balance or make any other transfer you authorize us to debit such Eligible Bank Account or debit card for the amount instructed, either in a single or recurring transaction, as applicable.

c. Limitations. GivBux may impose limits on the amount you can keep in your GivBux App Balance and reserves the right to change these limits at any time.

2. Funding Your GivBux App Balance

a. Eligible Bank Account. You may purchase GivBux Rewards from your Eligible Bank Account to fund your GivBux App Balance.

b. Debit Card. You may link a debit/credit card to purchase GivBux Rewards for your GivBux App Balance. To do so, you must have a valid debit/credit card issued by a National bank or financial institution bearing the Visa Inc. (“Visa”), MasterCard International Inc. (“MasterCard”), or DFS Services, LLC (“Discover”) logo. Any such debit card, collectively with a GivBux Application Balance Account, is referred to herein as a “GABA”.

c. P2P Payments Received Through GivBux App. You can keep Rewards received from P2P Payments (defined below) made to you through the GivBux App in your GivBux App Balance.

d. GivBux Rewards Earnings. If you are a GivBux Rewards earner, you may elect, through the App app, to receive your earnings from purchases performed directly into your GivBux App Balance. Information on how to make this election is available in the GivBux app. Once Rewards are available in your GivBux App Balance, you can use those Rewards as permitted under these GivBux Terms.

3. Treatment of Rewards

If you do hold Rewards in your GivBux App Balance Account, GivBux will hold such Rewards separate from its corporate Rewards, will not use your Rewards for any corporate purposes, nor will GivBux voluntarily make your Rewards available to its creditors in the event of bankruptcy. GivBux will combine your Rewards with the Rewards of other users and place those pooled accounts in one or more bank accounts in GivBux’s name.

4. Interest

You agree that you will not receive interest on or other monies derived from the Rewards that GivBux handles and places in pooled accounts. It is likely that GivBux will receive interest on Rewards held for its users. In consideration for your use of the Service, and with full knowledge and understanding that GivBux will receive this interest, you irrevocably transfer and assign to GivBux all rights that you may have in any interest that may accrue on Rewards held in pooled accounts.

IV. Peer to Peer Service

1. Description of Service

The virtual peer-to-peer Service (“Peer-to-Peer Service”) allows you to send Rewards or receive Rewards for peer-to-peer personal purposes.

2. Sending Rewards

Once you have opened an Account and have purchased Rewards, they will be available in your GivBux App Balance Account (GABA), you will be able to send Rewards using the Peer-to-Peer Service.

As a party initiating a transfer (“Sender”), you will send Rewards to your selected recipient (“Recipient”) by designating the Recipient and the transfer amount to us (a “Payment Instruction”). Your Payment Instruction authorizes us to move Rewards from your GABA to your designated Recipient (a “P2P Payment”). By submitting a Payment Instruction, you are authorizing us to move Rewards to your applicable GABA for P2P Payments that are cancelled or otherwise returned.

You understand and agree that when you initiate a P2P Payment Instruction using the Service, the processing of the Payment Instruction will begin, and Rewards will leave your GABA, as early as the moment of the initiation of such Payment Instruction.

You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient Rewards in your GABA (ii) malfunction of the Peer-to-Peer Service due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; or (iv) failure of the Recipient to claim the P2P Payment.

3. Requesting Rewards

You may also request Rewards to be transferred to you through the virtual Peer-to-Peer Service by designating the amount of Rewards requested and your selected Sender (a “GivBux Request”). If the Sender approves your GivBux Request, your GivBux Request will become the Sender’s Payment Instructions and be processed as described in these GivBux Terms.

4. Receiving Rewards

Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your GivBux App Balance Account.

5. Peer-to-Peer Service Payment Amount Limits

A maximum amount of $2,500 USD can be sent to any individual for purchases in any given 7-day period amounts sent through the virtual peer to peer system. These Rewards can be used for purchases through the GivBux app. Should larger amounts be required to be sent the receiving party will have to provide a Government issued ID in order for GivBux to verify their person.

5.1 Peer-to-Peer Service Payment Geographical Locations.

In some areas the GivBux app and corporation may not have made arrangements with national merchant vendors and therefore the receiving person of the Rewards will not be able to make purchases. So, in this circumstance where GivBux does not have national merchants receiving persons of Rewards will be able to request to withdraw the Rewards into a local bank or onto a registered Bank Issued Visa or Mastercard. Such withdrawals are subject to a 10% withdrawal fee and can only take place until such times as GivBux Corporation or a supplier engages a national merchant vendor.

6. Peer-to-Peer Service Fees

There are currently no fees for sending Rewards via your GABA using the Peer-to-Peer Service. The fee for sending Rewards using a GABA through Peer-to-Peer Service will be displayed at the time of the transaction. We reserve the right to charge for and/or change the fees associated with the use of the Peer-to-Peer Service at any time subject to these GivBux Terms.

7. Payment Cancellation, Stop Payment Requests and Refused Payments

Our ability to stop a P2P Payment Instruction or recover Rewards associated with an unauthorized Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for three (3) days after the processing has begun will be cancelled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your GABA, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.

8. Invalid P2P Payments

If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move Rewards from the applicable GABA in an amount equal to the P2P Payment.

You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.

9. Risk of Fraudulent Transactions

The virtual Peer-to-Peer Service is a virtual reward transfer service. As a result, fraudulent transactions may result in the loss of Rewards with no recourse.

V. GivBux for Business

1. Purchases from GivBux for Business Sellers

As a GivBux App customer, you may use your GABA to purchase goods and services from GivBux for Business Sellers or to make donations to charities or political campaigns who use GivBux for Business. Typically, GivBux for Business Sellers will be identified to you by a badge in the GivBux App. By initiating a payment transaction to a GivBux for Business Seller, you authorize the GivBux for Business Seller to charge your applicable GABA to complete the purchase or donation and you consent to sharing information from your Account with the GivBux for Business Seller. In the event you are entitled to a reversal, refund, charge-back, or other adjustment associated with any purchase you made through GivBux for Business, you also authorize a credit to the applicable GABA to accomplish that transaction.

VI. OTHER LEGAL TERMS

1. Recovery of Rewards

You authorize GivBux to recover Rewards from you in accordance with these Service Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.

You authorize GivBux to debit, charge, set-off against and otherwise recover Rewards from your Account, any GABA, any connected GivBux Account, any Balance (as defined in the Payment Terms) or any Reserve (as defined in the Payment Terms) if applicable, and any payment instrument, linked bank, depository and other account registered in your Account. Your authorization will remain in full force and effect until the later of closure or termination of your Account, or the disbursement of all Rewards held on your behalf.

Further, if any attempt to recover Rewards from you should fail, your authorizations hereunder include your grant to GivBux of new, original authorizations to recover all or less than all of the amount you owe us and/or belong to us. You authorize GivBux to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these GivBux Terms, the Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the NACHA Rules (as defined in the Payment Terms). You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.

If GivBux is unable to recover the Rewards by these means, GivBux may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.

2. Compliance with Governmental Authorities

GivBux may freeze, withhold, or remit Rewards in your Account in response to a facially valid subpoena, court order, search warrant, or other binding order from a governmental authority, including but not limited to tax levies or wage garnishment orders.

3. Limitations on Use

GivBux may limit the funding sources available for a specific transaction at any time in its sole discretion.

You may not use prepaid cards or gift cards to purchase rewards or perform any transactions on the GivBux App.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service and for all communications you send through the Service.

You further agree that in connection with your use of the Service, or in the course of your interactions with GivBux, a user or a third party, you will not (a) use your Account or the Service in a manner that GivBux, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a GivBux advance from your GABA (or help others to do so), or (c) use the Service to make transactions for the sole purpose of earning rewards, perks, miles, points, etc. with your GABA.

We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign, or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, mis posted, or misdirected prohibited transactions will be your sole responsibility and not ours.

4. Dispute Resolution

Each of your external funding sources may have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory (if, for example, you are disputing charges on your account). Your dispute resolution rights are determined by the funding source used to fund the applicable transaction. Please consult the terms and conditions of such funding source for more detail.

5. Changes to External Account Numbers

If your GABA or your debit card account number changes or the expiration date changes, we may acquire that information from our financial services partner and update your Account accordingly.

6. Our Relationship with You

We are an independent contractor for all purposes, except that we act as your limited agent with respect to the custody and transfer of your Rewards for the purposes set forth herein.

7. Termination of Account

GivBux may terminate, close, or suspend your Account or use the Service at any time for any reason. Any such termination does not relieve you of any of your obligations to GivBux under these GivBux Terms and any amounts owed to us as provided in these GivBux Terms, the General Terms, or any other agreement you have with us. We will not be responsible for any loss, damage, harm or consequences, including any delay or inconvenience you may suffer as a result of our exercise of our rights under this section.

8. Services Upon Closure of Account

Any pending transactions at the time of termination, closure, or suspension of your Account will be settled. Any Rewards that we are holding in custody for you at the time of termination, suspension, or closure of your Account, less any applicable fees, may be made available for you to GivBux out in GivBux’s discretion and subject to the other conditions in these GivBux Terms. If an investigation is pending at the time of closure, we may hold your Rewards until resolution of the investigation.

9. Unclaimed Property

If your Account is inactive for an extended period, it may be deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, GivBux will provide you with notice as required by applicable law. If Rewards remain in your Account, GivBux will escheat such Rewards as required by applicable law.

10. Referral Programs

From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.

11. Taxes.

No taxes will be applied or levied or accrued by GivBux on behalf of any users.

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