Acceptance of Terms
About Your Account
You may create an account (a “BRIGGO Account”) to access certain parts of the Sites, to pay per order or to load a dollar value into your BRIGGO Account based on your selected payment option. The dollar value that you load onto your BRIGGO Account is a prepayment for the goods and services of participating BRIGGO Coffee Hauses. We offer the BRIGGO Account to make it easier for you to make purchases from us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your BRIGGO Account is nonrefundable and may not be redeemed for cash. The value on your BRIGGO Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
BRIGGO Accounts are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use your BRIGGO Account under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security to your BRIGGO Account. The Company may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason.
Loading Value on Your Account
If you use a credit or debit card to purchase or reload your BRIGGO Account, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or BRIGGO may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a period of time before your Transaction is fulfilled, as determined by the policy of your bank. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, BRIGGO will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
All amounts loaded into your BRIGGO Account are denominated in US Dollars. No fees or other charges are made to your BRIGGO Account for the currency conversion. However, your bank or card provider may charge you a fee for use of a credit or debit card or other accepted payment method to load your BRIGGO Account from outside of the U.S. BRIGGO does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your BRIGGO Account is kept in US Dollars, the charges shown on your statement will be in your home currency.
You can manually reload, set automatic reloads, change your reload preferences or discontinue the automatic reload feature on your BRIGGO Account by accessing “Payment Options” in the mobile app. To use the automatic reload feature, simply choose the amount that you want to reload when your balance goes below $10.00 and provide payment information. If the balance in your BRIGGO Account is less than the amount of your purchase, you may be prompted to reload. If your BRIGGO Account is not reloaded prior to such purchase, your default card will be charged for the difference between the amount of your purchase and your remaining account balance. Whether by automatic reload or manual reload, once any dollar value is loaded as BRIGGO BUCKS on your BRIGGO Account, the Transaction cannot be cancelled or reversed.
Fees and Expiration of Account Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your BRIGGO Account. Your BRIGGO BUCKS have no expiration date nor does the value on your BRIGGO Account ever expire.
Receipts and Transaction History
Your last ten (10) transactions and your BRIGGO BUCKS balance are accessed through “History” in the mobile app. We may provide more transaction details or a receipt upon request. It is your responsibility to check your online transaction history regularly to ensure that your transaction history and account balance are correct. BRIGGO does not send statements of transaction activity on any BRIGGO Accounts.
Billing Errors, Corrections
We may correct the balance of your BRIGGO Account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your BRIGGO Account, please contact Customer Service at 512-524-1370 or email firstname.lastname@example.org. We have no obligation to review or correct any billing error unless you provide us notice within thirty (30) days of the date of the transaction in question. Upon the receipt of notice and sufficient details regarding a dispute or claim, we will review your claim. Any findings, whether or not an error has occurred, will be reported to you, and any error will be corrected, promptly after we finish our review.
Fraud Associated with Your BRIGGO Account
We will not accept any BRIGGO Account, or will limit use of any BRIGGO Account or BRIGGO BUCKS balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate in our sole discretion. If BRIGGO discovers any BRIGGO Account or BRIGGO BUCKS balance was sourced or derived from fraud or other unlawful means, or that an individual has opened more than one account for the purpose of getting a free drink, then in our sole discretion, we may cancel all impacted BRIGGO Account(s) and retain all related balances without notice to you. We may use retained account balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to establish or load BRIGGO Accounts.
Registration, Passwords and Liability for Unauthorized Transactions
When establishing a BRIGGO Account, you agree that you will provide true, accurate, current and complete information about yourself (“Registration Data”), and promptly update the Registration Data if it changes. If you do not provide or update the Registration Data, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your BRIGGO Account. If you believe your BRIGGO Account has been disabled in error, please call at 512-524-1370 or email email@example.com. You are responsible for the accuracy of all information that you provide to us, and maintaining the confidentiality and security of your BRIGGO Account information, including your password and account ID. You should treat your BRIGGO BUCKS like cash and not disclose your BRIGGO Account information to anyone. If your BRIGGO Account information is lost or stolen, anyone who obtains possession of it may use your BRIGGO Account. You agree to immediately notify BRIGGO of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account each time you use the Service. You are responsible for all transactions on your BRIGGO Account, including unauthorized transactions. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by BRIGGO; unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
User Contributions and Prohibited Uses
BRIGGO does not and will not review User Contributions before they are posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Further, you agree not to: (a) use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site; (b) use any device, software or routine that interferes with the proper working of the site; (c) introduce any viruses, Trojan horses, worms, logic bombs, or other code or material that is malicious or technologically harmful; (d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site; (e) attack the site via a denial-of-service attack or a distributed denial-of-service attack; or (f) otherwise attempt to interfere with the proper working of the site.
BRIGGO respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing content, BRIGGO may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, BRIGGO does not ensure that any such content will be edited or removed. BRIGGO may terminate the accounts of users who infringe the intellectual property rights of others.
Therefore, and in compliance with 17 U.S.C.A. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact:
BRIGGO, Inc., Attn: Legal Department, PO Box 50310, Austin, TX 78763
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or the Service solely for personal use. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided that you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BRIGGO is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of BRIGGO.
“BRIGGO” and the BRIGGO Logo are registered trademarks of BRIGGO, Inc. BRIGGO’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by BRIGGO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BRIGGO.
Links to and from the site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage BRIGGO’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without BRIGGO’s express written consent.
This Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; (c) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided. You understand and agree that by activating such social media features, certain information may be shared between the site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. BRIGGO reserves the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.
DISCLAIMER OF WARRANTIES
EXCLUSION OF DAMAGES
LIMITATION ON LIABILITY
IN NO EVENT WILL BRIGGO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY
In its sole and absolute discretion, with or without notice to you,