BY CLICKING TO AGREE WITH RESPECT TO THESE TERMS AND CONDITIONS, AND/OR YOUR OTHERWISE ACCESSING AND USING THIS WEBSITE (HTTPS://PLATFORM.ACCESSWAGES.COM/LOGIN/ALQUIMIA) OR HTTPS://WWW.ALQUIMIAPAY.COM/US/ (THE “SITE”) OR DOWNLOADING, INSTALLING OR USING THE ALQUIMIA SOFTWARE APPLICATION (THE “APP” OR THE “SERVICES”), YOU (“YOU” OR “USER”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH INCORPORATE AND INCLUDE THE ALQUIMIA PRIVACY POLICY (THE “PRIVACY POLICY”), AND YOU CONSENT TO USE OF YOUR INFORMATION AS DESCRIBED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK TO AGREE AND DO NOT USE THE SITE OR THE DOWNLOAD THE APP OR USE ANY OF THE SERVICES PROVIDED BY THE SITE OR THE APP (COLLECTIVELY, THE “ONLINE SERVICES”).
These terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and Alquimia Holding USA, LLC (“Alquimia,” “we” or “us”) for the use of the Site and the App and the Online Services. You represent and warrant that you are over the age of eighteen (18) and have the capacity and authority to bind yourself and agree to these Terms and Conditions. If you register to use or use the Site or the App or any of the Online Services on behalf of an entity, you represent and warrant that you have legal authority to bind such entity to these Terms and Conditions, and in such event the terms “you” and “your” also refer to such entity, except that if you do not have actual legal authority to bind such entity, you are and shall be personally bound and liable under these Terms and Conditions and you agree to indemnify us with respect to any claims, losses, expenses (including, without limitation, legal expenses), damages or other liability (collectively, “Claims”) arising or resulting therefrom. We shall not have any liability for any Claims arising or resulting from reliance on any representation, warranty, agreement, instruction, notice or communication received from you whether on your own behalf or on behalf of any entity.
UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN THE ARBITRATION TERMS PROVIDED IN SECTION G BELOW, AND EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN SECTION G BELOW, YOU AGREE THAT ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND ALQUIMIA OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE, THE APP AND/OR THE ONLINE SERVICES (EXCEPT AS OTHERWISE PROVIDED IN SECTION G BELOW) AND ANY OTHER DISPUTES OR CLAIMS BETWEEN YOU AND ALQUIMIA OR ANY OF ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES EXCLUSIVELY IN UNITED STATES HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST ALQUIMIA OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
If at any time after reviewing or using the Site or the App or any of the Online Services you wish to terminate your use of same, you must un-install and remove the App from your device and delete any copy of the App in your possession or control and cease access to or use of the Site and the Online Services. You agree that information collected from you or your phone or other device before your un-install, remove or cease to use the App can still be used in accordance with our Privacy Policy.
You acknowledge and agree that we may modify these Terms and Conditions and/or modify or discontinue any of the Online Services at any time with or without notice and we shall not be liable to you or any third party for any such modification or discontinuance.
The table of contents below and its corresponding sections provide detailed information about the Alquimia Terms and Conditions:
A. Privacy Policy
Alquimia respects the privacy of our users. The Alquimia Privacy Policy is posted via a link located at the Legal Agreements page of the Site. Our Privacy Policy describes our policies regarding the collection, receipt, access, storage, sharing, processing, disclosure, transfer and use of “Personal Information” (i.e., data that can be used on its own or with other information to identify you) that you provide to us when you use this Site, the Online Services, the App, products, tools, features, and any other content or website provided, operated or owned by us, as well as the various means by which we collect, receive, access, store, share, process, disclose, transfer and use your Personal Information, and your choices regarding collected Personal Information.
You must read and agree to the Privacy Policy before and as a condition to using the Site, the App or any Online Services or otherwise interacting with us. By using the Site, the App or any Online Services and/or clicking to agree to these Terms and Conditions, you agree to our Privacy Policy and consent to the treatment of your Personal Information and other information as described therein.
By accepting these terms and conditions, and/or using the site you agree to obtain membership Alquimia may, through independent third parties offer financial services (“Financial Services”) to qualifying users. Alquimia is not responsible for the quality of the financial services and by using the financial services you agree that Alquimia will have no liability for any damage or losses arising from the use of the financial services. Financial services are provided are provided through a website controlled and operated by the applicable third party service provider, although the applicable website may be labeled with Alquimia branding or otherwise display our branding for advertising purposes. You acknowledge and agree that we do not control and are not responsible or liable for any content, products or services provided by such third parties or their respective websites, or any with respect to any transactions or other interactions that you have with any such third parties or their respective websites or involving any such products or services.
C. Access and Use of Site and App
The Site and the App are provided by a U.S. entity for use within the U.S. The laws of your jurisdiction may be different than the laws that apply to the Site, App and accessing the Site or using the App from outside the United States is done at your own risk and we reserve the right to prohibit the provision to or receipt of the Services with respect to anyone that does not reside in and is not located within the U.S. You are solely responsible for compliance with jurisdiction laws. If you access the Services from outside the United States, you consent to the transmission and/or transfer of data relating to your user account and communications and transactions relating to the Services across all applicable international boundaries.
1. Limited Authorization to Access and Use Site and/or App
Alquimia grants you a limited authorization to access and make personal use only of the Site and/or the App. Such authorization does not include, without limitation: (a) any resale or commercial use of the Site, the App or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the App, or any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site or the App, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials in any form or by any means, including, but not limited to, photocopying, recording other electronic or mechanical means or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site, the App or any Site Materials, and; (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site, the App or Site Materials or otherwise to collect any information from the Site the App or any other user of the Site or the App. Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Alquimia or any third party. You may not use any meta tags or any other "hidden text" utilizing Alquimia’s name, trademark, or product name without our express prior written consent. "Site Materials" means all materials on the Site or the App or any of the Online Services, including, without limitation, all Alquimia, merchant or other third-party trademarks, trade dress, designs, product descriptions, HTML text, graphics, photographs, codes, software, screen displays, layout, designs forms and the selection and arrangement thereof, or any other work of authorship.
We may terminate your authorization to use or access the Site and/or the App if you make or permit any unauthorized use of them. Such actions and/or for any other reason or no reason as we determine in our sole discretion. Unauthorized use of the Services by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to take legal action against you and/or any other violators and if your conduct is criminal, to have your and/or any other violators fully prosecuted.
2. Website Changes, Misprints, Errors & Cancellations
Alquimia: (a) cannot guarantee that the products or services advertised or offered on the Site or any of the third party Discount Benefit Service provider or merchant websites will be available, and makes no representations or warranties with respect to such products or services; (b) does not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and (c) reserves the right to cancel, to terminate or not to process orders (including accepted orders) for any product or service offered on the Site where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. Alquimia does not warrant the correctness, completeness, merchantability or fitness for a particular purpose of any
such data or content transmitted through the Online Services, or on any third party Discount Benefit Service, merchant or other website, and you shall hold Alquimia harmless from any and all claims arising out of any use or dissemination of any such user data or content, except to the extent such claims are the direct proximate result of Alquimia’s gross negligence or willful misconduct. Alquimia may remove, modify or otherwise discontinue providing any products or services and/or any content on the Site or the Online Services at any time with or without cause and with or without notice, without any liability. Information obtained via the Online Services is for your personal or internal business use only and may not be further reproduced, published, transmitted or disseminated without Alquimia’s prior written consent.
3. Passwords & Security
You are responsible for maintaining the confidentiality of your password and for restricting access to your account and computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, then you must notify Alquimia immediately. Alquimia does not control the privacy and security of the third party Discount Benefit Service provider or merchant websites. If the confidentiality of your account or password is compromised on the third party Discount Benefits Service provider or merchant websites in any manner, then you should notify the applicable third party service provider or merchant, as applicable, immediately. Alquimia reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, suspending access to or use of your account, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. While Alquimia takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Alquimia communicates with you via unencrypted email from time to time at your request and/or consent, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Alquimia may rely on the authority of anyone accessing your account or using your password, and in no event will Alquimia or their third party vendors be liable to you or any third party for any liability or damage resulting from or arising out of: (i) any action or inaction of Alquimia or its third party vendors under this provision; (ii) any compromise of the confidentiality of your accounts or passwords; (iii) any unauthorized access to your account or use of your password.
You may not tamper with the Site or the App or any of the Online Services, commit unauthorized intrusion into any part of Site or the Online Services or use the Online Services to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You acknowledge and agree that the Site and/or the Online Services may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and Alquimia shall have no liability with respect thereto.
4. Intellectual Property
All Site Materials, including but not limited to all works of authorship, branding and other intellectual property embodied by or forming part of the Services are, as between you and us, owned by us, our licensors, our service providers, merchants, and/or others and are protected by United States and international copyright, trademark and other laws. All rights reserved.
a. Trademarks
ALQUIMIAPAY US® and the ALQUIMIAPAY US logo as well as the Site’s page headers, custom graphics, button icons and trade dress are owned by Alquimia and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alquimia. All other trademarks, registered trademarks, product names and company names or logos mentioned herein or appearing on the Site are the property of their respective owners including but not limited to the user.
b. Restrictions on Use
None of the Site content or materials or any intellectual property described in these Terms and Conditions may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Alquimia, or the respective intellectual property owner, except that you may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only without further reproduction, distribution or display. Any other use of the materials in the Site, including any
commercial use, reproduction for purposes other than described above, modification, distribution, republication, display without the prior written permission of Alquimia, or the respective intellectual property owner, is strictly prohibited.
c. Copyright Infringement Claims
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Online Services.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS SITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO:
Written notification must be submitted to the following Designated Agent:
Service Provider: Alquimia Holding USA, LLC, www.alquimiapay.com/us
Full Address of Designated Agent to Which Notification Should be Sent:
Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country.
Email Address of Designated Agent: [email protected]
WHAT YOUR NOTIFICATION MUST INCLUDE:
To be effective, the notification must include the following:
1. Your name, physical address, telephone number, facsimile number and/or e-mail address, and name of contact person if different from your name;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:
Upon receipt of the written notification containing the information as outlined above:
1. Alquimia shall remove or disable access to the material that is alleged to be infringing;
2. Alquimia shall forward the written notification to such alleged infringer; and
3. Alquimia shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
HOW THE ALLEGED INFRINGER CAN RESPOND TO US:
The alleged infringer can respond by submitting a written counter notification to Alquimia's Designated Agent.
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:
Upon receipt of a counter notification containing the information as outlined above:
1. Alquimia shall promptly provide the complaining party with a copy of the counter notification;
2. Alquimia shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Alquimia shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that Alquimia’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Alquimia’s network or system.
d. Software
The Site software, the App and any other software, including any files, images incorporated in or generated by any such software, and data accompanying any such software (collectively, “Software”), that are used in, comprise or may be made available on the Site are property of and/or its licensors and are made available only for use by you on a non-exclusive, limited, and revocable basis solely for your single use as one end user. All other rights are reserved or any licensor. and its licensors shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
5. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you by email or submissions to Alquimia, or postings on the Site or third party Discount Benefits Service provider or merchant websites ("Submissions") are non-confidential (unless subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidentiality or other duties on our part or on the part of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of attribution and integrity) are irrevocably waived, in favor of us and our assigns.
By using the Site, you agree not to do any of the following:
a) Upload to, distribute or otherwise publish through the Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
b) Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
c) Upload or transmit any Content that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
d) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or otherwise send any false or misleading information.
e) Upload to, distribute or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent products, services, schemes or promotions.
f) Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
g) Harvest or otherwise collect information about others, including contact information.
h) Access or use the Services for the purpose of obtaining information to directly or indirectly develop or provide wage access and/or tips on demand services or otherwise develop or provide a service that competes with Alquimia’s Services.
i) Violate any applicable laws, regulations or other legal requirements.
We shall have no obligation to monitor the usage of the Site but reserve the right to review any communications or Submissions directed to the Site and to remove any of same at our sole discretion. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation or other legal requirement, legal process or governmental or law enforcement request, or to edit, or refuse to post or remove any information or materials, in whole or in part, in our sole discretion.
6. Cookies
When you use and access the Site and/or use the Online Services, we may place cookie files in your web browser. Some of these cookies are essential and enable you to move around the Site and use its features, such as accessing logged in or secure areas. Others help improve how the Site works or allow us to tailor the Site and the Online Services to provide enhanced features and content for you by remembering how you’ve customized the Online Services. Cookies can also remember that your device has visited a site or service and track your device’s browsing activity. This information may be shared with organizations outside Alquimia, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for providing aggregate service usage statistics and aggregate testing.
If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
You can learn more about cookies in our Privacy Policy and the following third-party websites:
● All About Cookies: http://www.allaboutcookies.org/ ● Network Advertising Initiative: http://www.networkadvertising.org/
7. Policies and Enforcement
All access and use of the Site and the Online Services is governed by and subject to these Terms and Conditions and any additional policies that Alquimia may implement by notifying you or posting them on the Site. Alquimia may, by itself or through:
i. Monitor any activity & content associated with any areas on the Site.
ii. Access at any time and use internally for any lawful purpose and in accordance with our Privacy Policy information stored on our systems, including the content of any emails or other communications.
iii. Disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a product faith belief that such disclosure is justified or required in an emergency.
iv. Investigate any reported violation of our policies or complaints.
v. Take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site, the third party Discount Benefits Service provider or merchant websites and/or site and any other Online Services at any time and block, remove or edit any communication and materials that Alquimia believes in its sole discretion may violate applicable law, the Terms and Conditions or a third party's rights.
Alquimia takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
8. Children
The Site, the App and the Online Services are designed for and intended for use by adults with legal capacity to enter into valid and enforceable agreements. If you are under 18 or the applicable legal adult age in your jurisdiction, you may use the Site, the App and the Online Services only with involvement of a parent or guardian. If you are a parent or legal guardian, you should not permit the use of the Site, the App and the Online Services by children, minors and others under your care and you agree to be solely responsible for any use of the Site, the App and the Online Services by them.
9. Additional Terms Required by Alquimia Technologies
You agree to the following additional terms required by Alquimia Technologies with respect to its Discount Benefit services:
Shopper Rules & Eligibility
a. Member Accounts, Passwords & Security. You will access the Online Services via accounts created with the Alquimia. You are responsible for maintaining the confidentiality of the password and account with Alquimia, and are fully responsible for all activities that occur using such password or account. You agree to (i) immediately notify Alquimia of any unauthorized use of your password or account or any other breach of security of which you become aware, and (ii) ensure that you exit from your account at the end of each session.
b. Eligibility. Use of the Alquimia Technologies API is intended for residents of the United States, age 18 or older. Your account will be tied to a User ID, which is the only information that Alquimia Technologies will have access to regarding you.
c. Maintaining an Account. You agree to keep your account information current, complete and accurate by periodically updating the information. It is a violation of the agreement Alquimia Technologies as well as these Terms and Conditions to create duplicate accounts, and each such violation shall result in suspension of duplicate accounts (and possibly your original account) and forfeiture of cashback attributable to such duplicate account(s).
d. Fraudulent Activity. Alquimia reserve the right to investigate any transaction, activity, or interaction with any merchant that Alquimia believe, in their sole discretion, is abusing or has abused the Alquimia Online Services. Alquimia reserves the right to rescind any cash back, prohibit further cash back awards and/or bonuses, and/or terminate your account that Alquimia believe, in their sole discretion, is abusing or has abused the Alquimia Online Services, including, without limitation, by engaging in a pattern of returning products after the corresponding cash back has been credited or making fraudulent referrals by creating multiple accounts. Multiple accounts with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with the agreement between Alquimia Technologies or these policies, any fraud or abuse relating to the accrual or receipt of cash back, may result in the termination of your account by Alquimia and forfeiture of your cash back by Alquimia. If Alquimia have any reason to suspect fraudulent activity is associated with your account, Alquimia reserves the right to delay or withhold payment of cash back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with Alquimia’s fraud process. Alquimia’s decisions are final.
e. Merchant Terms. You expressly agree that any transaction is subject to the terms, conditions, rights and restrictions of the merchants, if any, in the Online Services. Such additional terms are available through the Alquimia Technologies API.
ALQUIMIA TECHNOLOGIES ACCEPTABLE USE POLICY
GENERAL
You agree to use the Alquimia Technologies in a manner consistent with any and all applicable laws and this Acceptable Use Policy (“AUP”).
This AUP may be revised at any time without prior notification and changes shall become effective immediately upon notice. This version supersedes all previous versions.
ABUSE
You shall not modify, remove, efface, or hide, any disclaimers in information displayed via the API. You shall not, and shall not permit others to: (i) damage, interfere with, or overload, the API; (ii) introduce into the API any code intended to disrupt operations; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the API; (iv) access the API by an unauthorized system, electronic agent, “bot” or other unauthorized automated means; (v) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the API for any reason; (vi) rent, sell or sublicense access to or any part of the API; (vii) provide any unauthorized third party with access to the API; (viii) access or attempt to access third party confidential information through the API; (ix) engage in any fraudulent, deceptive, or misleading activity through the use of the API; or (x) use manual or automated software, devices, or other processes, to “scrape,” “crawl,” “spider,” or index, any content from the Alquimia.
VIOLATIONS
In addition to any and all remedies at law or in equity, any intentional violation of any obligation under this AUP may result in but not be limited to any and/or all of the following:
1. immediate suspension of your access for an indefinite amount of time,
2. termination of your access, or
3. assessment of costs, fees and expensed for any damage to hardware and/or software, attorney’s fees, or time spent addressing such violations.
D. Disclaimer
THE SITE, THE APP, THE ONLINE SERVICES AND ANY MATERIALS, PRODUCTS OR SERVICES, INCLUDING ANY PROVIDED VIA ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED BY ALQUIMIA. ALQUIMIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT THERETO AND WITH RESPECT TO ANY SERVICES OR PRODUCT PROVIDED OR PURCHASED ON THE SITE OR VIA THE APP OR ANY SUCH THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT. ALQUIMIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ON ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALQUIMIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY RELATED THERETO. ALQUIMIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF ALQUIMIA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Alquimia.
E. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALQUIMIA, ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SIMILAR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO ALQUIMIA’S OPERATION OF THE SITE OR YOUR USE OF THE SITE, THE APP, ANY OF THE ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED BY THEM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF ALQUIMIA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO ALQUIMIAS’S OPERATION OF THE SITE, THE APP, ANY OF THE ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED BY THEM EXCEED $100.
THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR ALQUIMIA’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD IN CONNECTION WITH OPERATING THE SITE AND PROVIDING THE SERVICES.
F. Applicable Law, Arbitration; Class Action Waiver; Limitation of Actions
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America applicable to agreements made and entirely performed within, without resort to its conflict of law provisions or any other rule or interpretation that would result in the application of the laws of another jurisdiction.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION TERMS PROVIDED BELOW IN ACCORDANCE WITH THE OPT OUT SECTION BELOW.
You and Alquimia agree that these Terms and Conditions affects interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.
The term “Dispute” means any dispute, claim or controversy between you and us or our officers, directors, employees or agents, that arises out of these Terms and Conditions, or the use of the Site, the App, any Online Services, any claims against us related to any third party Services or merchant website, or any product, service or transaction or any other claims between you and Alquimia, regardless of legal theory, and includes claims that accrued before the date you entered into these Terms and Conditions as well as claims relating to the interpretation, validity, enforcement or scope of the Agreement to arbitrate disputes contained in this section. The term “Dispute” is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are claims that can be resolved in small claims court and intellectual property claims and claims by Alquimia for injunctive or other equitable relief as provided below.
Regardless of how, when or where you access the Site, by agreeing to these Terms and Conditions, you agree to resolve any and all disputes with Alquimia as follows:
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach Alquimia by email at [email protected] or by regular mail at Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country, USA. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
Binding Arbitration. Unless you opt out of arbitration in accordance with the terms provided above, if we cannot resolve the Dispute with you within thirty (30) days of when we start informal Dispute resolution, then you and Alquimia agree that the Dispute shall be resolved exclusively by binding arbitration which may be begun by either you or Alquimia. The arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect except as modified by these Terms and Conditions, and excluding any rules or procedures governing or permitting class or representative actions. Said rules are posted at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Opt-Out of Arbitration. You may opt out of the binding arbitration described in this section by sending Alquimia written notice that you are opting out of binding arbitration (an “Arbitration Opt-Out Notice”) by email at [email protected] or regular mail at Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country, USA within thirty (30) days following the date you first agree to these Terms and Conditions. If you don’t provide Alquimia with an Arbitration Opt-Out Notice within such thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions noted in the “Exceptions” section below. Any Arbitration Opt-Out Notice received after such thirty (30) day period shall not be valid or enforceable.
In the event that you provide to Alquimia a timely Arbitration Opt-Out Notice or the arbitration terms of these Terms and Conditions are held not to be applicable, then you and Alquimia agree that the exclusive jurisdiction and venue for any Dispute will be the state and/or federal courts located in United Sates Of America and each of the parties hereto waives any objection to jurisdiction and venue in such courts. In such event, you and Alquimia further waive the right to a jury trial.
Starting an Arbitration. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the American Arbitration Association (see www.adr.org for the applicable address, or for online filing); and (c) send one copy of the Demand for Arbitration to Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country, USA and a copy by email to [email protected].
You and Alquimia each understand that, absent the arbitration provision in this section, each has the right to sue in court and have a jury trial. You also acknowledge that unless you opt out of arbitration in accordance with the opt-out terms provided above, you are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit. The parties will either select one mutually acceptable arbitrator or, if the parties do not agree to a single arbitrator, each party shall select one arbitrator and the two arbitrators selected by the parties shall select a third arbitrator, and the arbitration shall be held before the three arbitrators, and shall be decided by vote of the three arbitrators with a vote of the majority of the arbitrators required for a decision. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ALQUIMIA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, THE SITE, THE APP, ANY ONLINE SERVICES OR ANY THIRD PARTY DISCOUNT BENEFIT SERVICE PROVIDER OR MERCHANT OR THEIR WEBSITES OR ANY PRODUCTS, THE SERVICES OR TRANSACTIONS RELATED THERETO AND ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND ALQUIMIA EXCEPT FOR THE EXCEPTIONS SPECIFIED BELOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS PROVIDED HEREIN. UNLESS YOU PROVIDE AN ARBITRATION OPT-OUT NOTICE TO
ALQUIMIA IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND ALQUIMIA ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Location of Arbitration. You and Alquimia both agree that arbitration between Alquimia and you shall take place in United Sates of America.
Class Action Waiver. You and Alquimia agree that any and all arbitrations shall be conducted in their individual capacities only and not as a class action or other representative action, and you and Alquimia expressly waive the right to file a class action or seek relief on a class basis or any other representative basis. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. YOU AND ALQUIMIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.
If any court or arbitrator determines that the arbitration, jury trial waiver or class action waiver provisions of these Terms and Conditions are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception:
Litigation of Intellectual Property and Small Claims Court Claims. Alquimia may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims for injunctive or other equitable relief in the state or federal courts located in United States of America and you consent to such venue and personal jurisdiction therein for any such proceedings and waive any claim, argument or defense that such courts constitute an improper or inconvenient venue for such proceedings. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in United States of America for disputes or claims within the scope of that court’s jurisdiction.
Survival. This arbitration and class action waiver section will not be affected by any termination of your use of the Site, the App or any Online Services and will survive termination of the relationship between you and Alquimia.
G. Termination of Site Access or Third Party Discount Benefits Service Provider, Merchant Website, Wage Access and/or Tips on Demand Services Access
Alquimia may terminate your Membership and access to Discount Benefits and/or wage access and/or tips on demand services, including access to the Site, the App and/or third party Discount Benefits Service provider or merchant websites at its discretion without notice and for any reason. Termination may be caused by conduct that we determine, at our discretion, violates these Terms and Conditions or any applicable law, involves fraud or misuse of the Membership, is harmful to our interests or another user or if Alquimia no longer offers these Benefits or Services. Other reasons for termination may include, but are not limited to: if any agreement between Alquimia and your employer to provide these Benefits is cancelled, if you leave your place of employment for any reason; if Alquimia winds down its operations or determines that it will no longer offer the Online Services; and/or if any agreement between Alquimia and any third party service provider related to the Online Services is terminated. Alquimia may thereafter block or prevent future access to and use of the Site and the App or any of the Online Services. Alquimia also reserves the right to block or prevent future access to and use the third party Discount Benefits Service provider or merchant websites or any products or services provided by them.
H. Notices; Consent to Email Communication and Calls/Texts
Each party may give notice to the other party by written communication sent by certified first class mail, return receipt requested, or via hand delivery or overnight courier, if to you, at the address you provided in your registration information, and if to us to Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country, attn.: Customer Service, or such other address as the applicable party may specify by providing written notice in accordance herewith. Such notice shall be deemed to have been given upon the expiration of three (3) business days after mailing (if sent by first class mail), and upon delivery if sent by hand delivery or overnight courier. We may also provide notice to you by means of a general notice posted on the Site or via the App or Online Services user screens or by email to your email address on file with your user registration information, and such notice shall be effective as of when posted or emailed. You may also provide notices to us by email to [email protected]
When you visit the Site, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Site.
You may correct or update your contact information by contacting us at [email protected] or by regular mail to Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country. Additionally, once you have created an account with us online, you may update your name, email address, phone number (if part of your account) and password by clicking signing in using your email address and password.
You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address for Customer Service to respond to a query about your account, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
By providing us with an email address, telephone number and/or other contact information when registering for a Member account, you agree to receive communications, including via-email and calls (including text messages and calls made using an autodialer or prerecorded voice message), from us or on our behalf (or our affiliates and our or their respective employees, contractors, agents, business partners or other third parties permitted to receive your information under Alquimia’s Privacy Policy) at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List. These calls may be for information and marketing purposes, such as to provide you with information about products and services and to provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any purchase on or through the Online Services, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.
You agree that we may call and send SMS text messages to you regarding the Online Services and monitor and record any telephone calls made or received by us for our business purposes including quality assurance and to document your agreement to terms or actions. You also agree that we may send text messages to you regarding wage access payment information, account information, due dates, delinquent accounts, program updates, promotions, coupons and other marketing messages. In order to access, view, and retain SMS text messages that we make available to you, you must have: (1) a SMS−capable mobile phone, (2) an active mobile phone account with a communication service provider; and (3) sufficient storage capacity on your mobile phone. All SMS text messages from us to you will be considered "in writing.” There is no service fee charged by Alquimia for SMS text messages but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider.
Other charges may apply, such charges may include those from your communications service provider. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account settings. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state, or local law, regulation or ordinance. SMS text messages are provided for your convenience only. Receipt of each SMS text message may be delayed or impacted by factor(s) pertaining to your communications service provider(s). We will not be liable for losses or damages arising from any disclosure of account information to third parties, non−delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the SMS text messages sent by us. We may modify or terminate our SMS text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice. You agree and consent to be contacted by us, Alquimia and its and their respective agents, employees, attorneys, affiliates, assignees, subsequent creditors, and third party collectors through the use of email, telephone and/or text or SMS messages to your cellular, home or work phone numbers as well as any other phone numbers you have provided in conjunction with any wage access amounts you receive, including the use of automatic dialing systems, autodialers or artificial or pre-recordings.
Opt-Out. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US AT [email protected] WITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. You understand and agree that you may: (i) continue to receive communications while we process your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account, or transactions through the Online Services. To unsubscribe from email newsletters and promotional messages, you may also contact us by postal mail as follows: Alquimia Holding USA, LLC, 300 Creek View Road, Suite 209, Newark, Delaware 19711, New Castle Country or by email to [email protected] Your withdrawal of consent will be effective only after we have a reasonable period of time to process your withdrawal. Please allow up to 5 days for our records to be updated.
I. Legal Equivalency of Electronic Documents and Communications
This electronic document and any other electronic documents, electronic communications, clicks to agree to same that are incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents, and; (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
You further acknowledge and agree that your action when clicking to submit or to consent to or agree to any terms, conditions or transactions constitutes your contractually binding agreement to the terms, conditions and/or transactions for which you clicked to submit, consent or agree to equivalent to your having manually executed and delivered a written agreement for same.
J. Severability
Any other Online Services or the wage access or tips on demand services offered by Alquimia are void when prohibited by law. If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The provision held to be unlawful, void or unenforceable shall be modified if possible to the extent necessary to become enforceable and the modified provision shall be deemed to form part of these Terms and Conditions from inception without further action being required.
K. Force Majeure
We will not be liable for any failure or delay in our performance under these Terms and Conditions or the provision of any Online Services or any other obligation due to any cause beyond our reasonable control, including act of war, acts of God, earthquake, storms or other weather or natural events, embargo, riot, civil unrest, sabotage, terrorism, epidemic, pandemic, labor shortage or dispute or other industrial disturbances, systemic electrical, telecommunications network issues, or other utility failures, governmental act or failure of the Internet, provided that we: (i) give you prompt notice of such cause, and (ii) use our reasonable commercial efforts to correct promptly such failure or delay in performance.
L. Waivers
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be valid unless given in writing signed by us or posted by us on the Site in an update to these Terms and Conditions. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.
M. Indemnification
You agree to indemnify, defend, and hold harmless Alquimia, its affiliates and their respective employees, agents, successors, officers, managers, representatives, successors and assigns (collectively, the “Alquimia Indemnified Parties”) from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney’s fees and other legal expenses) that they may sustain or incur arising from your use of the Site, the App, any of the Online Services, your use of any third party Discount Benefits service provider or merchant website, or wage access services, or tips on demand services, your purchase or use of any products or services provided via any such websites, or your failure to comply with any applicable laws and regulations, your breach of any of your representations, warranties or obligations set forth in this Agreement, or any other act or omission by you. Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of the applicable Alquimia Indemnified Parties. As used herein, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity. For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists.
N. Changes to Terms and Conditions and Policies
Alquimia may modify these Terms and Conditions at its sole discretion from time to time, and only Alquimia has the right to do so. If the Terms and Conditions are changed, we will post the new Terms and Conditions on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms and Conditions as revised, and your use of the Websites following the posting will constitute your acceptance of the new Terms and Conditions. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
O. Survival
The terms of Sections A, C.2.a (taxes, rights to collect unpaid amounts), D.4, D.5, D.6, E, F, G, and I-Q shall survive termination or your use of the Site, the App and the Online Services.
P. Contact Us
If you are experiencing technical difficulties using the services of our websites, please contact us at: [email protected] or by regular mail to Alquimia Holding USA, LLC, 2900 SW, 28th Terrace 2nd Floor, Miami, FL. attn: Customer Service.
If you are experiencing technical difficulties using the Site or the App, please contact Alquimia by e-mail or postal mail as follows: Alquimia Holding USA, LLC, 2900 SW, 28th Terrace 2nd Floor, Miami, FL. or by email to [email protected]
Multikrd is a financial technology company, not an FDIC-insured bank. Checking accounts and the AlquimiaPay US Visa Debit Card are provided by Lewis & Clark Bank, Member FDIC. Funds in the checking account may be eligible for up to $250,000 in FDIC insurance. FDIC deposit insurance covers only the failure of an FDIC-insured depository institution.
ALQUIMIA HOLDING USA LLC.
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