Last modified: July 16, 2018
Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages (from us or our third-party providers) with codes to register for our Services. You may use alternative login methods made available by us. If applicable, you must agree to a Supplement to these Terms with additional terms and conditions.
Age. Our Services are not directed to children. You must be at least 14 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
User and Service Subscriber. User or users collectively mean any end user of the Services including andCards Spaces visitor or andCards Suite member who just view as well as who complete our account registration process. Service Subscriber is a user who satisfieds all of the following conditions: (i) either owns and/or manages venues; (ii) has administrator or moderator role of venues within andCards Suite; and (iii) a party to the Supplement to these Terms provided by us at the time of registration.
Selling Offers and Offer Time. As the Service Subscriber, you may use the Services to sell access to your venues (the "Offers"). You are responsible for any Offers you sell and acknowledge that you have sufficient rights to sell the Offers through the Services, and your use of the Services will not violate any agreement between you and any third party. You acknowledge that your Offers are (i) free of any hazards or safety risks to other users; (ii) ready to use by and delivered to any users who purchased the Offers at the time indicated in the Services ("Offer Time"); (iii) in compliance with any applicable law or requirements in your country; (iv) not violating any agreements relating to the Offers, and you are solely responsible for and shall indemnify us against any fines, losses or other liability arising from any such violations. We assume no responsibility for the compliance of the Offers with any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to the Offers for any reason. We do not act as an insurer or as a contracting agent for the Offers. We recommend you to obtain appropriate insurance for the Offers. We are not a party to any agreement you enter into with any user resulting from the use of the Services. Notwithstanding the foregoing, we act as a limited authorized agent for the purpose of accepting payments from users who purchased your Offers on your behalf and responsible for transmitting such payments to you.
Offer Fees. As the Service Subscriber, you may indicate the fee amounts for purchasing your Offers by other users ("Offer Fees"), and authorize us to accept and collect payments from users who purchase your Offers through the Services. You may enable a free trial of your Offers subject to the Terms. We will process all payments in U.S. Dollars. You authorize us to collect from you amounts due pursuant to the Terms. Specifically, you authorize us to collect from you any amount due to the Services (e.g. as a result of your venue bookings). You are solely responsible for any applicable taxes.
Buying Offers. You may use the Services to purchase the Offers provided by other users through the Services, subject to meeting any requirements (such as completing any verification processes) set by us and the users from whom you purchase the Offers. You will be presented with all applicable Offer Fees before you make a purchase. You agree to pay the Offer Fees in full for any purchase you make through the Services. You are responsible for any damages or liabilities arising from your use of the Offers, and agree to pay the damages upon presentation of evidence of damage, such as photographs, within 48 hours from receiving a claim.
Payment Method. Payment Method means a financial instrument that you have added to the Services for the purpose of purchasing the Offers, such as a credit card, debit card, or PayPal account. When you add a Payment Method to your account, you must provide accurate, current, and complete billing information such as name, billing address, and other customery billing information either to us or our third-party payment processor(s). These third-party payment processor(s) may charge you additional fees when processing payments and payouts in connection with the Services, and we are not responsible for any such fees and disclaim all liability in this regard. You may also be subject to additional terms and conditions imposed by the applicable third-party payment processor(s); please review these terms and conditions before using the Services. It is your obligation to keep your Payment Method information up-to-date at all times. When you add or use a Payment Method, we may verify it by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. When you add a Payment Method, we will automatically save it to your account so it can be used for a future transaction. You authorize us to store your Payment Method information and charge your Payment Method as outlined in our Terms. You are solely responsible for the accuracy and completeness of your Payment Method information. We are not responsible for any loss you suffered as a result of incorrect information provided by you.
Recurring Payments. For certain Offers, you may choose to make recurring, incremental payments toward the Offer Fees owed (“Recurring Payments”). If Recurring Payments apply to you, then you authorize us to collect and/or payout the Offer Fees, in the increments and at the frequency agreed to and identified via the Services.
Refunds. NO REFUND IS AVAILABLE FOR ANY CANCELLATION MADE AFTER THE OFFER TIME. Users will be fully refunded for cancellations made before the Offer Time, or in accordance with the Service Subscriber policy if such exists. If the Service Subscriber or any user decide to cancel the purchase of Offers pursuant to the Terms, you agree that we will not have any liability for such cancellations or refunds aside from our obligation to remit refunds or payouts pursuant to these Terms. If a dispute arises concerning a cancellation and/or a refund, the parties shall in good faith resolve such dispute by negotiation and consultation between themselves.
Payouts. We will collect Offer Fees paid by users for your Offers and remit these Offer Fees to you once or twice a month ("Payouts"). The time it takes to receive Payouts once released by us may depend upon the payout method indicated by you in the Supplement to the Terms. We may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. Your Payout will be the Offer Fees in U.S. Dollars less applicable Our Fees (defined below) and taxes.
Reviews and Feedback. Any user of our Services may publicly post ratings and reviews of your Offers. You acknowledge and agree that we are not responsible for any such ratings and reviews, and you hereby release us from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
Our Fees. Any user is responsible for all carrier data plan and other fees and taxes associated with the use of our Services. If you are a Service Provider, refer to the Supplement to the Terms for specific details on the amount of our fees, service period, and your payout information. Any Our Fees or cancellation fees imposed are pursuant to the Terms. We will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Cards, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk invites to join events or organizations, auto-invites, auto-sharing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to andCards or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party map preview services (such as Google Maps) that are integrated with our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights. We do not claim ownership of the information that you submit for your account or through our Services. You must have the necessary rights to such information that you submit for your account or through our Services and the right to grant the rights and licenses in our Terms.
andCards’ Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our guidelines provided alongside the permission.
andCards’ License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “CARDS PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE CARDS PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE CARDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE NOT VIOLATING ANY APPLICABLE LAWS IN YOUR JURISDICTION BY LISTING YOUR VENUES OR MEMBERSHIP PLANS ON OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE CARDS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the andCards Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Governing Law & Arbitration. All disputes which may arise between the parties, in relation to the Services, shall be finally settled by arbitration in Seoul, the Republic of Korea, in accordance with the Domestic (International) Arbitration Rules of the Korean Commercial Arbitration Board and under the Law of Korea. The award rendered by the arbitrators shall be final and binding on the parties concerned.
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with andCards: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Additional Terms.”
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding andCards and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about andCards and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).