Thanx Terms of Service
Welcome to Thanx! Thanx is a loyalty reward service (our “Service”), operated by Thanx, Inc. and made available via our website, www.thanx.com (our “Site”) and as an application for mobile devices (our “App”). These terms and conditions (“Terms”) apply to your access and use of the Service and by accessing or using the Service, you agree to be bound by these Terms.
In order to use our Service, you must:
- Be an individual person at least 18 years of age;
- Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence; and
- Not be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction.
Creating an Account
In order to access certain features of the Service, you will have to create an account. You may create an account using Facebook or other third party social networking services (“SNS”) which can make sign-up faster and grant you access to additional features. If you use such an account, we will access and retrieve certain personal information about you (such as your “real” name, email address and other information you’ve made publicly available) and use that information to create your account. The specific information that we retrieve will be dependent on your privacy settings. By linking and using your SNS account, you authorize us to access and collect your information for these purposes. You can only link your own SNS account.
You may only create one account and it is non-transferable. When you create an account, you agree to provide accurate, current and complete information about yourself. You are responsible for safeguarding your account and are responsible for activities that occur under your account. Notify us immediately if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
Using the Service
Our Service provides a personalized reward experience for consumers, including loyalty rewards and offers, discounts, experiences, targeted promotions and general information (collectively, “Opportunities”) via email, mobile device notifications and other channels. You can link one or multiple payment methods to enable automatic accrual and, in some cases, automatic redemption of rewards. We will try to deliver you the most relevant, personalized Opportunities to you, based on your previous purchases.
To use the Service, you must (1) link one or multiple payment cards with your account (“Linked Cards”) and (2) make eligible purchases (as defined by the merchant) with your Linked Cards from merchants who participate in the Service (“Merchants”) to earn progress and rewards (collectively, “Qualifying Purchases").
Making Qualifying Purchases will help you progress towards earning rewards from Merchants (“Reward Progress”) and reaching a Merchant-specific threshold (a “Reward Threshold”). When you reach a Reward Threshold, you will have access to rewards offered by the applicable Merchant which can be redeemed automatically to your Linked Card or on your next visit by showing the reward to the Merchant, as applicable (collectively, “Rewards”).
The Service may offer additional Opportunities to you, based on your account settings, account history and previous purchases. At any point in time you can opt-out of receiving additional Opportunities and/or specific Merchant offerings via the Service through your account settings within the App or on the Site.
Reward Progress is not redeemable for cash or any other item of value. Your Reward Progress may be forfeited if a Merchant has restrictions associated with Reward Progress (e.g. if a Qualifying Purchase(s) must occur within in certain timeframe). You are responsible for ensuring your Reward Progress from a Qualifying Transactions is properly added to your account. It may take up to 7 days after a Qualifying Transaction is made for your Reward Progress to be viewable via your account. You should contact us if it has been more than 7 days and the Reward Progress has not been applied to your account. We must receive your request within 21 days of a Qualifying Transaction in order to credit the account. We will not be responsible for investigating any Reward Progress that has not been credited to your account 21 days after the Qualifying Purchase. Your Reward Progress can also be reversed by a Merchant or Thanx if any of the items you purchased in connection with a Qualifying Transaction are subsequently returned. We may also, at our discretion, delay any Reward Progress in order to validate or verify a Qualifying Transaction. Any attempt to earn Reward Progress through the return of merchandise in connection with a Qualifying Transaction will be considered possible grounds for termination of your account.
You acknowledge that:
- The redemption of your Rewards (including the granting of any Reward Progress) is subject to the discretion of the applicable Merchant and the decision to permit (or to continue to permit) the redemption of your Rewards is made entirely in the sole discretion of the applicable Merchant;
- We work closely with merchants to ensure an easy redemption experience but we do not have control over that process or liability for the inability to redeem your Rewards at a Merchant;
- The purchase of any goods from Merchants is subject to the terms and conditions set by the applicable Merchant;
- We will not have any liability to you for any actions taken by a Merchant with respect to Rewards or any goods purchased from a Merchant;
- You must redeem your Reward with the applicable Merchant;
- Reward Progress and Rewards are not transferable and can only be used in accordance with any terms and conditions provided by the Merchant;
- Your use of the Service and your activities in connection with the Service must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using our Service;
- We are not responsible or liable for any unredeemed, unused or lost Rewards or Opportunities;
- Rewards are not redeemable for any sum of money or monetary value; and
- You are solely responsible for use of your Rewards and Opportunities in connection with the Service and for use of and access to your account.
Your only remedy for a failure of a Reward or Opportunity is to redeem that Reward or Opportunity at a later time and/or to contact the applicable Merchant, but you may also contact us with any questions or concerns related to the Merchant. If you have a dispute over the any goods that you purchased from a Merchant in connection with the Service, you must contact the applicable Merchant. We are not responsible for (and will have no liability regarding) any such goods. Notwithstanding the foregoing, you may also contact us at any time, and we may, in our sole discretion, work with the applicable Merchant to help resolve your dispute. You acknowledge and agree that we are not a party to any disputes between you and Merchants and that we have no obligation to resolve any such disputes.
In addition, if you have a dispute with a Merchant about an Opportunity, a Qualifying Purchase, your Reward Progress, a Reward Threshold or any other problem related to a Reward, your dispute is with the Merchant and not us. You hereby release Thanx, our affiliates, and our officers, directors, employees, agents, successors and assigns from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
In short, this means that you release Thanx from any and all claims you may have arising out of disputes with Merchants.
Access via Our Mobile App
The following terms apply to your use of our App that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an “App Provider”).
- These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
- The App Provider 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 the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider 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 our responsibility.
- The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- 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, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (1) access or tamper with the App, or try to access non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (2) gather and use information, such as user names, real names, email addresses or transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (3) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (4) violate any applicable law or regulation; (5) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without the our permission; or (6) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Additionally, the following activities are prohibited and constitute a violation of these Terms:
- Providing fraudulent or false information;
- Accessing the personal information of third parties;
- Tampering with security we implement to protect the Service;
- Soliciting Merchants or users for commercial purposes or otherwise or using information made available via the Service for commercial purposes;
- Reselling Opportunities;
- Attempting to use Opportunities more than once;
- Intentionally overwhelming our servers with excessive demand; and
- Adding any hyperlinks without our written consent.
Account Cancellation or Suspension
You may cancel your account at any time through the Service or by contacting us. If you cancel your account, you will lose all of your accumulated Rewards and Reward Progress.
We may suspend, disable or terminate your access to or use of the Service at any time if (1) you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (2) we believe it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (3) we provide notice to you. If your account is terminated, you may not later re-enroll in the Service.
Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your account is cancelled (whether by you or us), you will no longer be able to access your account. We will not be liable to you or to any third party for the suspension or termination of your account or your access or use of the Service. Once your account is terminated, you understand and acknowledge that we will have no further obligation to provide the Service to you or access to any of your account information.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Thanx and its licensors exclusively own all right, title and interest in and to the Service, Site and the App, including all associated intellectual property rights. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Service (“Feedback”) is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Links to Third-Party Web Sites
Our Service contains links to Merchants and other third party sites or resources. We provide these links as a convenience to you but do not endorse the Merchants, companies or the contents of these sites or their products and services. We are not responsible for the content of such sites or resources. If you decide to access any of the third-party web sites linked to the Service, you do this entirely at your own risk.
You agree to indemnify, defend and hold Thanx, its affiliated companies, its suppliers and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (1) an violation or breach of these Terms by you, (2) any activity related to access to of use of your account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities.
The Service is provided “AS IS” and on an “AS AVAILABLE” basis, without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THANX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the use or quality of the App or the Service will be uninterrupted, error-free, timely, secure or meet your requirements or expectations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED $50.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of California, excluding its conflicts of laws principles. Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for Santa Clara County, California. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at email@example.com.
Effective: June 1, 2012