The Fluz Rewards Program allows you to receive cash back in the form of credits issued to your Fluz rewards balance when you make a Qualified Purchase at participating merchants as further described below (the “Services”). A “Qualified Purchase” is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these terms (the “Terms”). An “Offer” is the cash back percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated to the offer.
THE FLUZ REWARDS PROGRAM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE FLUZ REWARDS PROGRAM. BY USING THE FLUZ REWARDS PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FLUZ REWARDS PROGRAM.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Fluz App Inc. grants you permission to access and use the Fluz Rewards Program for your personal or business use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the Fluz Rewards Program.
In order to use the Fluz Rewards Program, you must have a Fluz account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that Fluz requests. You agree that the information you provide to Fluz on registration and at all other times, will be true, accurate, current, complete and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.
Use of Enrolled Cards and Transaction Information
By registering a payment card in connection with transaction monitoring, you authorize Fluz to share your payment information with Fluz’s Third Party Service Providers and payment card network (e.g., Visa, MasterCard, American Express) (“Payment Card Network”) so it knows you enrolled. You authorize Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Payment Card Network to share such transaction details with Fluz to enable targeted offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by:
- Go into your settings by clicking the settings icon on the navigation bar
- Press on the Cards section
- Long Press on the card you wish to remove
- Confirm that you want to remove the linked card
You agree that Fluz and it’s Third Party Service Providers may view your transactions made by you with participating merchants.
“Third Party Service Providers” means third parties that enable us to provide Fluz Rewards Program.
Special Notes for Visa, MasterCard and American Express Cardholders
Not all Visa, MasterCard and American Express cards are eligible for registration and not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system and/or American Express payment system are not eligible to participate.
Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your receipt from the merchant. Your credit will generally be reflected in your Fluz Rewards Program rewards balance. Fluz Rewards Program reserves the right to restrict the minimum amount required for the rewards balances withdrawals. You must comply with all Offer requirements and Fluz Rewards Program terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit.
Use of Mobile Devices
Through use of any mobile web app, or by other means available through the services, you may be able to: (a) upload content to the site via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device and/or (d) access certain features you have downloaded and installed on your mobile device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to the Mobile Services, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Mobile Services. You must ensure that your device and/or software does not disturb or interfere with the services, including any mobile App or the site’s operations. Any equipment or software causing interference will be immediately disconnected from the Mobile Services, and Fluz may immediately suspend or terminate your further use of the Mobile Services. If any upgrade to the Mobile Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of these Terms. You agree to comply with any applicable laws in your use of the Mobile Services.
If you register for an account to use the Services, you must complete the registration process specified on the site or through any mobile app by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Fluz immediately of any unauthorized use of your account. Fluz is not liable for any loss that you may incur as a result of someone else using your password or account. We may limit your ability to participate in a Fluz Reward Program, suspend or terminate your account and may invalidate any rewards you may have earned or accumulated in any Fluz Reward Program if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Terms or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part. Company decisions are binding and final.
You may cancel your account at any time by notifying Customer Service at [email protected]
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FLUZ AFFILIATES, DISTRIBUTORS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS), LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE, ANY MOBILE APP AND THEIR CONTENTS (THE “FLUZ PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FLUZ PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FLUZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE FLUZ PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
FLUZ IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, LOSS OF UNCLAIMED REWARDS BALANCE, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FLUZ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall the Fluz or its affiliates, contractors, employees, agents, payment card networks, or third party service providers or suppliers (including Payment Card Networks or payment processors) be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Fluz has been advised of the possibility of damages.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You agree to indemnify and hold harmless the Fluz Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of the Terms and any Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with Fluz in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
Modification/Termination of the Services
Fluz may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof, including the Fluz Rewards Program, (which change, suspension or cancellation may impact and/or invalidate any reward you may have earned or accumulated in any Fluz Reward Program), at any time for any reason with or without notice to you. Company decisions are binding and final.
If your account is canceled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Fluz shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services. Fluz shall not be liable for any unclaimed rewards balance lost when an account is suspended or terminated.
Except where otherwise provided, the Services are currently available without charge. Fluz reserves the right to charge a fee for access to or use of the Services, including the site, any mobile app and any other services available through the Services, at any time in the future, and Fluz will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
Software And Downloads Available Through The Services
Any software that is made available in connection with the Services, including applications (such as any Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Fluz and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Fluz has no liability with respect to any Software owned or controlled by third parties.
User Code of Conduct
The Services are for your personal and commercial use only. In accessing and using the Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page)
- Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity
- Deliver, or provide links to, any postings containing material that:
- Could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- Harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
- Is defamatory, false or libelous
- Infringes or violates any intellectual property or other right of any entity or person
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
Interactive Services and User Materials
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by additional terms (“Additional Terms”), which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Fluz’s sole discretion.
Fluz does not control and is not responsible for any information or other materials delivered through the Services by you or other users (collectively, “User Materials”). Fluz is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Fluz reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Fluz is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Fluz will not violate the rights of any third party.
The information and opinions expressed in User Materials are not necessarily those of Fluz or its content providers, advertisers, sponsors, affiliated or related entities, and Fluz makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Fluz does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Fluz has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the site is “public,” and in addition to the license granted to Fluz, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate these Terms, please contact us at [email protected]. Please provide as much detail as possible, including a copy of the underlying material, the location where Fluz may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Fluz will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Fluz, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, email addresses, social media networks, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from the Services on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms (including the Fluz Rewards Program ) which are deemed incorporated into, and subject to, these Terms. We may suspend or terminate any and all referral programs without notice, reason or liability.