This Terms of Use Agreement ("Agreement" or "User Agreement") is a contract between you and iBreva Corporation and applies to your use of the iBreva™ payment and loyalty service and any related products and services (collectively the "Service"). These Terms of Use affect your rights and should be read carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person or entity using the iBreva service ("Users"). Unless otherwise stated, "iBreva," "we" or "our" will refer collectively to iBreva Service provided by iBreva Corporation and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the iBreva Privacy Policy, and any documents incorporated by reference. Any rights not expressly granted herein are reserved by iBreva. This Agreement is subject to change by iBreva without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the iBreva website. Descriptions of material amendments to this Agreement will be posted in advance on the iBreva website. You may review the current Agreement prior to initiating a transaction at any time at our Terms of Use page.
Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions.
The Legal Relationship between You and iBreva. By registering for the Service, you appoint iBreva to facilitate payments and manage loyalty programs on your behalf, subject to the terms and restrictions of this Agreement. iBreva will at all times verify and authenticate your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) iBreva is not a bank and the Service is a payment processing service rather than a banking service, and (ii) iBreva is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
By initiating payments through the Service, you appoint iBreva as your agent to obtain the funds on your behalf and to transfer the funds to the retailer within the iBreva network or to a Pooled Account, subject to the terms and restrictions of this Agreement. When you send a payment, until that payment is accepted by the merchant (which may occur instantly), you remain the owner of those funds and iBreva holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
Agent Relationship. iBreva acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our services that require us to perform tasks on your behalf. iBreva acts as a payment service provider by creating, hosting, maintaining and providing our service to you. We do not have any control over the products or services that are paid for using our platform.
Agent Relationship to Buyers and Sellers. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. iBreva will take reasonable steps to help facilitate communication between parties to encourage satisfied buyers and sellers. iBreva however is not liable for any purchase, service, or program that uses the iBreva system. At any time you send funds to a third party you are doing so at your own risk. We do not issue refunds if a product, service or membership program turns out to not be what you thought it was, or if the seller does not fulfill on commitments.
Agent Relationship for Payment Services. By initiating and sending payments through iBreva you appoint iBreva as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate.
Identity Authentication. We use many techniques to identify our Users when they register at iBreva. You authorize iBreva, directly or through third parties, to make any inquiries we consider necessary to validate your registration and verify your identity. iBreva is not liable for Users who provide false or misleading information regarding their identity.
Eligibility. In order to use the Service, you must register for a personal account and register your mobile phone number. All users must be at least 18 years of age.
Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, iBreva has the right to terminate your use of the Service and iBreva, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, financial processors have the right to require that iBreva terminate your account.
International Use. To be eligible for an account, you must be a resident of the United States.
Prohibited Transactions. You agree that you will not use iBreva for payment for illegal products or services. You will not use the Service, the iBreva website or any of the services offered therein for any unlawful or fraudulent activity. If iBreva has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. You will cooperate fully with iBreva to investigate any suspected unlawful, fraudulent or improper activity.
You agree not to impersonate an iBreva User or an iBreva representative, or to request that a iBreva customer provide you with their password or other information to access their account.
Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from iBreva in electronic form. Electronic Communications may be posted on the pages within the iBreva website and/or delivered to your e-mail address or mobile device registered with iBreva. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. iBreva reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying iBreva of your decision to do so by contacting us or by telephoning customer service. If you revoke your consent to receive Communications electronically, iBreva will terminate your right to use the Service.
Correct E-mail. You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, iBreva will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide iBreva with a correct and operational e-mail address, and to notify iBreva promptly as to any changes or cancellations of any and all e-mail addresses you provide iBreva. Failure to provide iBreva with a current, working, functional, personal e-mail address, and/or failure to update iBreva in a change or cancellation of your e-mail address, or if iBreva has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by iBreva of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding iBreva e-mail notifications; and/or (4) attempts by iBreva to reach you personally by phone, fax or postal mail. iBreva reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
No Framing. Because iBreva members are warned never to enter their iBreva account password into any page whose URL does not begin with https://www.iBreva.com/, the use of "framing," where a 3rd party site displays a portion of the iBreva website inside a webpage whose URL is not https://www.iBreva.com/, is prohibited.
Passwords. You may not reveal your account password(s) and personal identification number (PIN) to anyone else, nor may you use anyone else's password. iBreva is not responsible for losses incurred by Users as the result of their misuse of passwords or PINs.
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has made any payments or transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability.
Closing Your Account. You may close your account at any time by contacting iBreva customer service. Pending transactions will be completed prior to closing of account.
Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of iBreva. iBreva reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Indemnification. You agree to indemnify and hold iBreva, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
Choice of Law. This Agreement is governed by and interpreted under the laws of the state of California, U.S. as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or
the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Your Information. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. Your information will not be sold or distributed to any non-participating third parties.
Loyalty programs. The iBreva network, in addition, to allowing members to use their cell phones to make payments, also allows members to accumulate and receive benefits, awards and discounts from each iBreva merchants’ loyalty programs. You agree that the payments that you make within each iBreva merchant will be tracked and recorded in the iBreva loyalty engine servers so that you may be able to accrue points in order to reap the benefits and discounts of each respective iBreva merchant loyalty program. The information gathered on purchases is the sole property of iBreva and can be viewed by only the merchants for whom you have transacted with. We take privacy very seriously and will not share this information with any outside of iBreva. For a review of our privacy policy terms, please click on the privacy policy link.
We will manage the loyalty programs between you and the merchants within the iBreva network to provide accurate information. In doing so, we will automatically award discounts and benefits with your payments should you reach specific milestones with merchants’ loyalty programs.
Text Messaging (SMS). iBreva customers may receive text messages on their mobile phones upon opt-in into a payment, loyalty, couponing, marketing, or other programs as provided by iBreva. iBreva members can opt out of messaging at any time by changing their profile settings on the iBreva website or contacting customer service.
All standard charges/rates that are independent of iBreva may apply for receiving or sending a text message. Such charges may be applied by third party vendors or delivery providers such as cell phone service providers or premium content providers.
Processing. iBreva shall make reasonable efforts to ensure that requests for electronic debits involving bank accounts, and check issuances are processed in a timely manner. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Termination. iBreva, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you.
Trademarks. iBreva.com, iBreva and all related logos, products and services described in this website are either trademarks or registered trademarks of iBreva Corporation, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of iBreva. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of iBreva and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iBreva.
Promotion Conditions. iBreva is currently offering a cash back promotional to customers who sign up for the iBreva service by 30 June, 2006. Specific terms of the promotion are as follows:
Offer expires 31 August 2006. iBreva reserves the right to terminate this program at any time. Cash back rewards will be made via direct deposit into the account a customer uses to sign up for iBreva. Deposits will be made between October 1 and October 10, 2006. You must be a registered iBreva user and your account must be in good standing to receive the reward. Must be 18 years of age or older. The cash back amount is based on purchases made using iBreva only; purchases made using other payment options are not eligible for cash back rewards. Only personal accounts are eligible. Corporate or business accounts are not eligible for this promotion. Maximum cash back per account is limited to $50. iBreva reserves the right to cancel some or all cash back rewards dependent on account status.
