BillAway Terms And Conditions
BILLAWAY TERMS & CONDITIONS
You acknowledge and agree that any information you provide to an Awards Provider, Participating Retailer, or Rewards Program Sponsor is subject to that entity’s own privacy and data collection policies.
You must be an individual, 18 years of age or older. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or Billaway. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
Registered Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of an applicable Rewards Program. You may maintain only one Account. Any duplicate Accounts will be subject to cancellation. You must have Internet access and agree to accept Cookies to be eligible to receive the privileges and benefits of participation in the applicable Rewards Program. Billaway is not responsible for your inability to connect to the Internet, log into the Site, or access your Account. You are responsible for notifying Billaway of changes in your account.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Billaway has a reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated this Agreement, Billaway has the right to suspend or terminate your Account and refuse any or all current or future use of the Site (or any feature or portion thereof). Refusal to abide by this or any other rules may result in Billaway closing your Account and canceling your participation in the applicable Rewards Program.
The determination of whether or not a purchase made through a Participating Retailer is an Eligible Purchase is at the sole discretion of Billaway. All Awards earned by Registered Users are subject to review. Necessary adjustments may be applied to Accounts at any time by Billaway at its sole discretion. If you do not agree to adjustments made to your Account, your only recourse will be to terminate your status as a Registered User and withdraw from the applicable Rewards Program. Billaway reserves the right to terminate any Account for abusive or fraudulent activity, or if the Registered User is no longer reachable at the e-mail address provided. In addition, if you attempt to use an Account to divert Awards attributable to another Registered User’s purchases (for example, use your Customer ID in connection with purchases by non-family members) or engage in other abusive or fraudulent behavior we reserve the right to recover any such losses directly from you.
The timing of the posting of Awards to your Account and the availability of Awards for redemption may vary depending on the applicable Rewards Program. Please note that Participating Retailers regularly change policies and if a Participating Retailer fails to report a transaction to Billaway, or an Award Provider withholds payment to Billaway for any reason, Billaway reserves the right to cancel the Award associated with that transaction. Awards to Registered Users are subject to adjustments for returns and other events. Such adjustments can be applied to Accounts at any time by Billaway at its sole discretion. Should you disagree with any adjustments made to your Account, your sole remedy will be to terminate your status as a Registered User and withdraw from the applicable Rewards Program.
Billaway is not responsible for changes to, or discontinuance of, any Participating Retailer, or for any Participating Retailer’s withdrawal from a Rewards Program or for any effect on the grant of Awards caused by such changes, discontinuance, or withdrawal. Billaway is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Participating Retailer. It is the Registered User's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Site, we cannot guarantee that you will be eligible to receive an Award.
You may be taxed on your Awards, depending on the amount of Awards you accrue and the tax laws. In all instances, you will be solely responsible for any and all tax liability arising out of your receipt or redemption of Awards.
You hereby agree to allow Billaway to display to you, message to you, post to your feed, or communicate to you via other medium; any and all offers, incentives, coupons or other marketing communication related to any third party working with . Should you wish to discontinue the receipt of said communication, please email us at email@example.com and include in the subject line:"Remove my name from marketing communication" or you may simply opt out to any further communication via the links embedded in all of our communication.
We partner with certain retail entities who may offer cash back for the sole purpose of conversion to Points. Any and all cash back derived from these partners has no cash value unless converted to Points.
Facebook access. You agree to allow Billaway to post any offers and/or purchases on your Facebook wall when you enter your Facebook credentials in our site. Billaway is not liable for any results, which may occur on your Facebook account due to the posting of this information.
WE WILL NEVER SELL YOUR INFORMATION TO THIRD PARTIES.
Cash Credits (Points) are the exclusive rewards of the company. You earn Points through activities on the website as they are disclosed. You may earn Points or credits when someone you invite becomes a valid registered member of or does an action on the platform. You can also earn points through shopping/buying products with one or more of our partner retailers as per their terms and conditions. The value of Points is subject to change without notice. Points are redeemable ONLY on the Billaway website as a credit toward your mobile airtime with your mobile service provider. Billaway is not responsible for correctly providing your mobile phone number and identifying your mobile service provider and any resulting loss in Points. The monetary value of Points may change without notice and is not guaranteed to be any specific value.
These Terms and Conditions are subject to change without notice. Billaway is not responsible for errors in calculating point grants to members via third party offers.
Any member another member invites must have a valid South African residence. If a member invites another consumer that registers with a fake South African residence and the member receives and uses points for that referral and the referral is determined to be false, Billaway reserves the right to delete the credit a member received.
WE RESERVE THE RIGHT TO DEDUCT OR RECOVER THE MONETARY AMOUNT OF ANY POINTS WHICH WERE OBTAINED THROUGH FALSE INFORMATION BEFORE OR AFTER A TRANSACTION. ONE INDIVIDUAL CANNOT REGISTER MORE THAN THEMSELVES. EACH PERSON MUST ENTER THEIR OWN INFORMATION ON A COMPUTER AT THEIR OWN ADDRESS. IF A REFERRED USER UNSUBSCRIBES FROM RECEIVING COMMUNICATION FROM BILLAWAY WITHIN TWELVE MONTHS OF REGISTRATION, THE REFERRAL POINT CREDIT GRANTED TO THE REFERRING PARTY, IF ANY, WILL BE DEDUCTED FROM THE RECEIVING PARTY.
ALL POINTS OR CREDITS EARNED ON THE PLATFORM WILL EXPIRE NINETY (90) DAYS FROM THE DATE THE CREDITS AND/OR POINTS WERE POSTED.
Escheatment law may require companies to turn over to the government property of its residents that they deem to be unclaimed or abandoned. If your Billaway Account has not had any activity, as defined by your government according to our records, for a certain period of time (generally three to five years), the applicable Rewards Program may be required by law to remit Awards in your Billaway Account to the state of your last known address. If we remit funds to your government of residence as required by law, you will need to contact the government directly to obtain the funds.
USE OF THE SITE
Access to and use of secure areas of the Site is restricted to Registered Users only. You agree that you will not share your password(s), Account information, or access to the Site with third parties other than Billaway. You are responsible for maintaining the confidentiality of your password and Account information, and you are responsible for all activities that occur using your password or Account and/or as a result of your use or access to the Site. To help protect the confidentiality of your password and Account information, you agree to logout of your Account whenever you are using a public computer. You agree to notify Billaway immediately of any unauthorized use of your password or Account. You agree that Billaway will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Billaway or another due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Billaway networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Billaway networks or systems, or to interfere or attempt to interfere with any Billaway networks or systems. You agree not to attempt to interfere with services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Billaway networks or systems. Refusal to abide by this or any other rules may result in Billaway canceling your participation in the applicable Rewards Program.
USE OF SOFTWARE
Your use of Software provided from time to time on the Site, or through a mobile application, is subject to this Agreement and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, "EULA Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) the Software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) the Software may not be modified or altered in any way; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.
CONSENT TO DISCLOSURE OF INFORMATION
By participating in a Rewards Program, you authorize Billaway to provide the Rewards Program Sponsor for that Rewards Program any Personal Information we receive about you including, without limitation, your name, mailing address, email address, phone number, username, and Account activity, including information about the Award offers you activated and redeemed. Rewards Program Sponsors are third party companies independent of Billaway that may use the information we provide them to evaluate, develop, offer and promote their products and services to you and others.
Billaway may promote or offer contests, sweepstakes, similar promotional offers or surveys that may be co-sponsored by Billaway and one or more other companies, or may be sponsored by companies other than Billaway. You authorize Billaway to share some or all of the Personal Information collected through these offers or surveys with the sponsor(s) or other companies indicated on the entry form, in the governing rules, or on the survey, as applicable.
We engage other companies and individuals to perform certain services and functions on our behalf. For example, we may engage third parties to send email or postal mail, analyze data, provide marketing services, process applications, provide search results and links (including paid listings and links), or provide customer service. We contractually obligate these service providers to access and use the Personal Information we make available to them only as needed to perform their functions and for no other purposes. By participating in a Rewards Program, you authorize Billaway to share your Personal Information with such third party service providers for the purposes set forth in this paragraph. You also authorize Billaway to disclose Personal Information with nonaffiliated third parties as permitted by law.
THIRD PARTY CONTENT
Certain Content from third parties may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such Content from sources believed by them to be reliable. Billaway makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party Content. Likewise, Billaway does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of service prior to using such sites. You agree that Billaway is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.
MESSAGE BOARDS, BLOGS, AND SHARING
Billaway may, now or in the future, allow users to post, upload, transmit through, or otherwise make publicly available on the Site (collectively, "submit") messages, receipts, recipes, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Billaway is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Billaway does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Billaway be liable for any loss or damage caused by reliance on the Site, User Content, or information or materials obtained through User Content.
You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express written permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that could give rise to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
User Content, including any personally identifiable information (including a name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Billaway has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information publicly available on the Site you do so at your own risk.
By submitting User Content, you automatically grant Billaway a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to, immediately and/or in the future, use, record, sell, lease, reproduce, distribute, create derivative works, and to publicly display, perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Billaway deems appropriate including, but not limited to, in connection with Billaway’s, or any of its subsidiaries’ or affiliates’ business.
Billaway has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue your ability to submit User Content in our sole discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site, including User Content.
All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of Billaway and/or its licensors and is protected by United States and international copyright, trademark, and other laws. You may not use or frame any Billaway name, trademark, logo or other proprietary materials, including images posted on the Site, the content of any text or the design of any page, or form contained on a page, without Billaway’s express prior written consent. Except as stated in this Agreement, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Billaway or the respective owner. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Billaway’s name, logo or other trademarks for any purpose without the express written consent of Billaway.
TERMINATION OF PARTICIPATION IN THE REWARDS PROGRAM
Your participation in the Program is subject to the terms of this Agreement. Any failure to comply with this Agreement, any fraud or abuse relating to the receipt or redemption of Awards, or any misrepresentation of any information furnished to Billaway or any of its affiliates or agents by you, or anyone acting on your behalf, may result in the termination of your Participation in the applicable Rewards Program, the cancellation of your Account, and/or forfeiture of your Awards.
It is your responsibility to check your Account regularly to ensure that Awards have been properly credited and that your Account balance is accurate. All questions or disputes regarding the applicable Rewards Program, including without limitation, questions or disputes regarding eligibility for the applicable Rewards Program, or the eligibility of Awards must be submitted in writing within one hundred twenty (120) days of the qualifying transaction, to Billaway at:
Customer Service, 300 Brickstone PL Andover MA 01810.
Any such disputes shall be resolved by Billaway in its sole discretion. All interpretations of the terms of this Agreement shall be at the sole discretion of Billaway. In the event that an error is made by Billaway, your sole remedy shall be the credit of the disputed Awards to your Account and/or to terminate your account.
DISCLAIMERS AND INDEMNITY
There may be delays, omissions, or inaccuracies in information contained in this Site. By using the Site and/or submitting User Content, you agree to indemnify Billaway, its officers, directors, employees, successors, agents, and any subsidiaries or affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in Billaway's defense and/or settlement of any claim. Billaway reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
BILLAWAY'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. BILLAWAY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, BILLAWAY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, GROCERY, DRUG OR OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED BY AWARD PROVIDERS OR PARTICIPATING RETAILERS IN CONJUNCTION WITH THE APPLICABLE REWARDS PROGRAM.
THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BILLAWAY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusions of implied warranties, the aforementioned exclusions may not apply to you.
EXCLUSION OF DAMAGES
NEITHER BILLAWAY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF BILLAWAY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BILLAWAY'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE APPLICABLE REWARDS PROGRAM, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF AWARDS IN YOUR ACCOUNT AT THE TIME THE CLAIM ARISES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Billaway's Designated Agent listed below. For your notice to be effective, it must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Site;
Information reasonably sufficient to permit Billaway to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.Billaway's Designated Agent is:
Neighbor Marketing, Inc.
300 Brickstone PlAndover, MA 01810
The Billaway Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site. All other inquires to the Billaway Designated Agent will not be answered.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules. As a condition of the use of the applicable Rewards Program Site, you, the Registered User, agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City of Boston, Commonwealth of Massachusetts, and therefore agree to file any grievance or suit of any kind exclusively in the federal and state courts located within the City of Boston, Commonwealth of Massachusetts. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Billaway’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Billaway and any Awards Provider, Participating Retailer or any Rewards Program Sponsor. No Awards Provider, Participating Retailer, Rewards Program Sponsor, or other third party shall have the ability to create any obligation on Billaway’s behalf. This Agreement constitutes the entire agreement between you and Billaway with respect to the applicable Rewards Program. This Agreement and any Special Terms referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an "original" and "in writing" when printed from electronic records established and maintained in the ordinary course of business. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
MOBILE AIRTIME REFILLS
These terms and conditions govern the Billaway applying Points towards your mobile airtime with your mobile service provider.
By agreeing to the terms of this Reward Program, you are providing Billaway with permission to use your mobile phone number and identified mobile service provider information to apply your Points towards your mobile airtime.
The minimum required to have your Point applied to your mobile airtime is twenty (20) Rands. Each month on the twenty-fifth (25 th ) of that month, if your account has twenty (20) Rands or more, you Points will be automatically applied to your mobile airtime by the first (1 st ) of the following month.
If you do not have twenty (20) Rands, the Points will carry over until you reach the minimum requirement or the Points expire.
ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. BILLAWAY IS NOT RESPONSIBLE FOR PROVIDING THE CORRECT MOBILE PHONE NUMBER OR IDENTIFYING THE CORRECT MOBILE SERVICE PROVIDER. BILLAWAY IS NOT RESPONSIBLE FOR LOST POINTS DUE TO INCORRECT INFORMATION.