Storage & Checkout User Terms of Service

Last Updated: September 12, 2018

These BlueSnap Storage & Checkout User Terms of Service are a legal agreement between BlueSnap Inc and its subsidiaries (“BlueSnap”, “we” or “us”) and you, the user of this service (“you”). By using this service, you agree to be bound by these terms and conditions.

  1. General.

The BlueSnap Storage & Checkout service (“BlueSnap Service”) is technology that makes it easier for you to checkout on an online transaction and for merchants on the Internet (“Merchants”) to collect payment from individuals like you. BlueSnap Service also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with BlueSnap for use across the website of the Merchant from which you are purchasing.

  1. Using BlueSnap Storage & Checkout.

When you check out on the website of a Merchant that has BlueSnap Service enabled, we will ask you if you’d like us to securely store your card for future purchases. When you allow us to store your card, BlueSnap will store certain identifying information, such as your Payment Credentials. The advantage of storing your Payment Credentials is that it will make your checkout quicker and easier if you come back to the same website.

  1. Cancellation & Refunds

Cancellation and refund rights are on the website of the Merchant that is responsible for providing you the goods or services that you purchase using BlueSnap Service.

  1. Transaction Information

The location of the Merchant, the transaction amount and any convenience fee or surcharge information shall be on the website of the Merchant that is responsible for providing you the goods or services that you purchase using BlueSnap Service and on the invoice or receipt provided by the Merchant.

  1. BlueSnap’s Role.

BlueSnap Service is a way of storing your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using BlueSnap Service. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using BlueSnap Service, not BlueSnap. BlueSnap will comply with all applicable law, regulations and Card Organization rules to keep your Payment Credentials secure.

  1. Making Changes.

If you want to delete your Payment Credentials, stop storing information using BlueSnap Service, or change your settings, please contact your Merchant and/or BlueSnap.

  1. Representations and Warranties.

By using BlueSnap Service you represent and warrant that you are at least 18 years of age and that you will not use BlueSnap Service for any fraudulent, unlawful or abusive purpose.

  1. Disclaimers.

BlueSnap Service, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through BlueSnap service, are provided “as is.” To the fullest extent permissible by law, BlueSnap, its subsidiaries, parent(s), affiliates, and their agents, merchants or independent contractors (the “BlueSnap Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by BlueSnap Service, or for any breach of security associated with the transmission of sensitive information through BlueSnap service. Each BlueSnap Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The BlueSnap Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The BlueSnap Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The BlueSnap Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.

  1. Limitations of Liability; Force Majeure.

In no event shall any BlueSnap Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any BlueSnap Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the BlueSnap Entity has been advised of the possibility of such damage or loss. In no event shall the BlueSnap Entities’ total cumulative liability arising from or relating to these Terms of Service exceed $1 US dollar. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no BlueSnap Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

  1. Governing Law.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Any Dispute shall be finally resolved by arbitration under the American Arbitration Association Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be Boston and the language of the arbitration shall be English.

  1. Modification of Terms of Service; Notices.

We have the right to change or add to these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of BlueSnap Service by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing BlueSnap Service user, the changes will come into effect 10 days after we post the changes to our website, and your use of BlueSnap Service more than 10 days after we publish any such changes on our website, constitutes your acceptance of the modified Terms of Service. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of BlueSnap Service. You can access a copy of the current terms of these Terms of Service on our website or from us at any time.

  1. Assignment.

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

  1. Data.

By using BlueSnap Service, you agree to the BlueSnap Privacy Policy which is on our website and which is incorporated into and forms part of these Terms of Service. You should be aware and agree that your data may be transferred, processed and stored outside of your country (including, if you are located in the European Union, outside of the European Union), and that your data may be subject to disclosure as required by applicable law.

  1. Survival.

Upon termination of your use of BlueSnap Service or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 7 through 15.

  1. Miscellaneous.

BlueSnap’s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including BlueSnap’s policies governing BlueSnap Service referenced herein, constitutes the entire agreement between you and BlueSnap with respect to the use of BlueSnap Service. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and BlueSnap, and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Service. These Terms of Service do not limit any rights that BlueSnap may have under trade secret, copyright, patent or other laws.