BOLD.Tag

Terms of Use

Disclaimer

This information governs your use of the BOLD.Tag Program ("Program") for subscription packages that were created by Macro Kiosk Pte Ltd. In this information, " Macro Kiosk Pte Ltd "may also be referred as "We" or "Us" or “Our”. Last updated on: May 10, 2017 By signing up for the BOLD.Tag Program ("Programs") or any of the services of ours, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). The Programs offered by us under the Terms of Use include various products and services to help you create and manage your loyalty program. Any new features or tools which are added to the current Service shall be also subject to the Terms of Use. We reserve the right to update and change the Terms of Use by posting updates and changes to the BOLD.Tag website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement and Privacy Policy before you may become a BOLD.Tag user.

  1. 1. Account Terms

    1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Program. 2. To access and use the Program, you must register for a BOLD.Tag account (“Account”) by providing the required information. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. 3. You acknowledge that we will use the email address you provide as the primary method for communication. 4. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. 5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). 6. A breach or violation of any term in the Terms of Service, as determined at our sole discretion, will result in an immediate termination of your services.

  1. 2. Account Activation

    1. Subject to section 2.1.2, the person signing up for the Program will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Program. 2. If you are signing up for the Program on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Program on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

  1. 3. Payments Account

    1. Upon completion of sign up for the Program, you will be led to a payment page where you fill out our credit card details for package subscription. 2. It is your sole responsibility as the Account Owner to activate and maintain your account. If you do not wish to keep the payment account active, it is your responsibility to cancel your subscription.

  1. 4. General Conditions

    You must read, agree with and accept all of the terms and conditions contained in these Terms of Use and the Privacy Policy before you become a member of BOLD.Tag. 1. Technical support is only provided to paying Account holders and is only available via email. 2. The Terms of Use shall be governed by and interpreted in accordance with the laws of the Malaysia, without regard to principles of conflicts of laws. 3. You acknowledge and agree that we may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on BOLD.Tag website. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. 4. You may not use the BOLD.Tag for any illegal or unauthorized purpose nor may you, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Malaysia. You will comply with all applicable laws, rules and regulations in your use of the Program. 5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Program, use of the Program, or access to the Program without our express written permission. 6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use us or our trademarks and/or variations and misspellings thereof. 7. Questions about the Terms of Use should be sent to reward@macrokiosk.com. 8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks. 9. You acknowledge and agree that your use of the Program, including information transmitted to or stored by us, is governed by its privacy policy.

  1. 5. Our Rights

    1. We reserve the right to modify or terminate the Program for any reason, without notice at any time. 2. We reserve the right to refuse service to anyone for any reason at any time. 3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the program offered by a merchant, or the Materials uploaded violate our Terms of Use. 4. Verbal or written abuse of any kind (including threats of abuse or retribution) to our customer, employee, member, or officer will result in immediate Account termination. 5. We do not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service. 6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. 7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. 8. We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, we reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.

  1. 6. Limitation of Liability

    1. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. 2. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Use (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 3. Your use of the Program is at your sole risk. The Program is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory of any kind. 4. We do not warrant that the Program will be uninterrupted, timely, secure, or error-free. 5. We do not warrant that the results that may be obtained from the use of the Program will be accurate or reliable. 6. We do not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Program will meet your expectations, or that any errors in the Program will be corrected.

  1. 7. Waiver and Complete Agreement

    Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use and the documents it incorporates by reference constitute the entire agreement between you and us and govern your use of the Program, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Use).

  1. 8. Inellectual Property and Customer Content

    1. We do not claim any intellectual property rights over the Materials you provide to the BOLD.Tag program. All Materials you upload remains yours. You can remove your Program at any time. 2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly; (b) to allow us to store, and in the case of Materials you post publicly, display, your Materials; and (c) that we can, at any time, review all the Materials submitted to its Program, although we are not obligated to do so. 3. You are responsible for compliance of the Materials with any applicable laws or regulations. 4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. 5. We shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

  1. 9. Payment of Fees

    1. You will pay the Fees applicable to your subscription to Online Programs (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. 2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and we will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Programs are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. 3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at our discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. 4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). 5. We do not provide refunds.

  1. 10. Cancellation and Termination

    1. You may unsubscribe your Account by sending your request to reward@macrokiosk.com and then follow the specific instructions indicated to you in our response. 2. Upon termination of the Programs by either party for any reason: 2.1 we will cease providing you with the Programs and you will no longer be able to access your Account; 2.2 unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any Fees, pro rata or otherwise; 2.3 any outstanding balance owed to us for your use of the Programs through the effective date of such termination will immediately become due and payable in full; and 2.4 Your campaign URLs will be taken offline. 3. We reserve the right to modify or terminate the BOLD.Tag Program or your Account for any reason, without notice at any time. 4. Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

  1. 11. Modifications to the Service and Prices

    1. Prices for using the Program are subject to change upon 30-day notice from us. Such notice may be provided at any time by posting the changes to our website or the administration menu of your merchant account via an announcement. 2. We reserve the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice. 3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.