Terms & Conditions
WHO, WHAT, WHEN?
- These terms and conditions ("Terms") are an agreement between you or an individual or entity you represent ("you,""your,” or “user”) and Jade Fires LLC DBA Trezoro, a California limited liability company (hereinafter referred to as "Trezoro,” "we," “our,” or "us"). You must read, agree to and accept all of the terms and conditions contained in these Terms in order to use the website http://trezoroloyalty.com/ and associated with it mobile applications operated by Trezoro (“Platform”).
- The Platform provides a loyalty platform for merchants (“Merchants”) to provide their third party customers (“Clients”) at specific retail outlets (“Sites”) with credits and other benefits (“Rewards”).
- To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and/or sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Platform or a notification is sent, unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. In the case of any violation of these Terms, Trezoro reserves the right to seek all remedies available in law and equity for such violations.
- Trezoro grants you a non-exclusive, limited and revocable license or the right to use and access the Platform subject to these Terms.
REGISTRATION & STATUS
- You must register to access certain parts of the Platform. We may accept, reject, suspend or remove registration of any user who violates these Terms, in our absolute discretion.
- Registration may require provision of personal information, including via registration with third party sites (such as FaceBook or Twitter). Each user acknowledges that Trezoro and other users rely on the accuracy and completeness of information provided during the registration process. You consent to the use of this information to create your account and other activities relating to the Platform. You must notify us of any change to such information by updating your account details.
- You are solely responsible for the security of any username and password provided by us to access the Platform. You indemnify us for any loss or damage we suffer as a result of unauthorized access to your account. You are solely responsible for the use of your account, irrespective of who is utilizing it, whether with or without your permission. You must notify us immediately of any misuse or unauthorized use of your account.
- You must not use the Platform or access Rewards if you have been suspended or terminated from using the Platform. We reserve the right to delete your information associated with using the Platform, including the balance of any Rewards not retrieved within 30 days.
- We provide the Platform and act as an agent for Merchants to process and conditionally offer Rewards, in accordance with these Terms. You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
- While we may assist with the resolution of any complaint or dispute relating to the Platform, you acknowledge that any legal recourse arising from or in connection with the Rewards, whether for breach of contract or otherwise, is against the Client or Merchant (as applicable) and not against Trezoro, notwithstanding anything to the contrary in these Terms or on the Platform.
- The Client will be guided on the Platform through the steps required to redeem Rewards.
MERCHANTS & REWARDS
- These Terms apply to any contract between the Client and the Merchant for the provision of Rewards. Client and Merchant may enforce any of these Terms against the other party directly in respect of the Rewards. We do not accept any responsibility or legal liability whatsoever for any act or omission of the Merchant or the Client arising from or in connection with the Rewards.
- The Merchant is solely responsible for establishing the parameters for the Rewards and satisfying the Rewards.
- The Merchant remains liable for all Rewards and any other goods and/or services, provided to Clients, in accordance with these Terms and all applicable laws and regulations, and shall indemnify us against any liability including all costs and expenses (including legal costs) which we may reasonably incur in defending proceedings, including by reason of being held out as your agent.
- The Merchant warrants and represents that:
- (a) it has the capacity and authority to provide, and will satisfy, the Rewards at the Sites; and
- (b) it will provide Rewards in accordance with industry standards, all applicable laws and regulations.
- All Rewards:
- (a) are supplied via the Platform subject to availability at the Site(s);
- (b) are subject to availability and specifications are subject to change at any time; and
- (c) must be redeemed via the Platform.
- The Client:
- (a) agrees to pay any duties or taxes with respect to the Rewards.
- (b) must comply with any conditions for accessing the Rewards and/or Site(s).
- (c) must treat Merchants courteously and lawfully, and provide all reasonable cooperation and assistance to enable them to effectively perform the Rewards.
- While every effort will be made by Merchants to provide the Rewards and comply with all reasonable requests relating to the Rewards, we do not guarantee that Rewards will remain available or satisfied by the Merchant.
FEES & PAYMENT PROCESSING
- Clients: There are currently no fees or charges payable by Clients for using the Platform.
- Merchants: Each Merchant agrees to the monthly subscription fee specified on the platform
- Unless specified otherwise, all payments made under these Terms are exclusive of VAT or any other taxes.
- Unfortunately Trezoro offers no refunds for any subscriptions you choose.
PERMITED USE OF PLATFORM
- The right granted to you in the present Terms is subject to the certain conditions. Therefore, you represent and warrant that:
- (a) You and your Clients are over the age of 18;
- (b) You have the authority to bind any entity on which behalf you use our Platform or Rewards;
- (c) You only use the Platform for lawful purposes;
- (d) You do not engage in any defamatory, improper, indecent or offensive behavior;
- (e) You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;
- (f) You will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us);
- (g) You will provide us with accurate personal and contact information; and
- (h) You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.
- You are responsible for all content and information you published on or sent via the Platform and warrant that such content and information is accurate. You acknowledge that such content will be made publicly available and that Trezoro is not responsible for editing or monitoring such content. We reserve the right to delete any such content and information in our absolute discretion.
- You indemnify us for any loss or damage we suffer as a result of your breach of any provision in these Terms.
- All content on the Platform is the copyright and property of Trezoro and its users. Without the express written permission of Trezoro, you shall not copy the Platform for your own commercial purposes, including:
- (a) Replicate or use the details and profiles of any Merchant;
- (b) Replicate all or part of the Platform in anyway; or
- Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
- Trezoro has moral and registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Trezoro.
- All content remains the intellectual property of Trezoro, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any users of the Platform.
- You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability.
- We accept no responsibility for the unavailability of this Platform, or any offer of Rewards found on the Platform, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
- While we endeavor to keep the information on the Platform up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this Platform you may be able to link to other websites which are not under the control of Trezoro. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, Trezoro takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
LIMITATION OF LIABILITY & INDEMNITY
- You agree that you use the Platform at your own risk.
- You acknowledge that we are not responsible for the conduct or activities of any Client or Merchant and that we are not liable for such under any circumstances.
- You acknowledge that in using the Platform and in relation to the supply of Rewards you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
- You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
- In no circumstances will Trezoro be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Rewards (or the provision or non-provision of Rewards), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Trezoro knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available to you and may not be permitted to be excluded, restricted or modified under applicable law. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.
- In all circumstances, you agree that any liability of Trezoro shall not exceed the value of the relevant Rewards on the Platform.
- We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Rewards.
- Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your license of the right to use the Platform.
- You may terminate these Terms by uninstalling our mobile application from your electronic devices.
- A Merchant shall not be entitled to a refund should the Merchant or Trezoro cancel terminate these Terms.
- You can contact our support team by email: email@example.com.
- You consent to the use of (a) electronic means for receiving any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform. Notices hereunder shall be invalid unless made in writing and given (a) by Trezoro via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via submission to such other email addresses as Trezoro may specify on the Platform. The date of receipt will be deemed the date on which such notice is transmitted.
- Trezoro may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
- Trezoro may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
- Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
- These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
- The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
- These Terms are governed by the laws of the state of California and you submit to the non-exclusive jurisdiction of the courts in San Diego County, CA.