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Terms and Conditions for Bits Card, Inc. Membership

Last Updated April 4th, 2022.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

Bits Card, Inc provides you access and use of our websites, including www.getbits.us and the mobile version of it accessible through the Application (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.

These Site Terms define the relationship between Bits Card, Inc, a Delaware corporation doing business as Bits, and its affiliates and subsidiaries (“Bits”, “we”, “our” or “us”), and you, the person registering for or using our Services (“customer”, “you” or “your”). You may use these Services (as defined below) only if you reside in a U.S. state in which the Services are provided, are age 18 or older, can form a binding contract with us, and are not a person prohibited from receiving Services under the laws of the United State or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Site Terms and may not use the Services. You may use the Services only in compliance with these Site Terms and all applicable laws and regulations.

A. Related Policies and Terms

B. Modification of Site Terms

C. United States Usage

D. License and Site Access

E. Payment Terms

F. Changes, Misprints, Errors and Cancellations

G. Passwords and Security

H. Intellectual Property

Ownership

Trademarks

Restrictions on Use

Copyright

I. Software

J. Hyperlinks

Links to the Sites

Third Party Links

K. Submissions

Your Information

Additional Submissions

Restrictions for Submissions

Policies and Enforcement

Responsibility for your Conduct

L. Financial Material Disclosure

Forward-Looking Statements

Third Party Financial Information

M. Age Restrictions

N. Disclaimers

O. Limitation of Liability

P. Applicable Law, Venue and Limitation of Actions

Q. Termination

R. Consent to Electronic Communication

S. Legal Equivalency

T. Severability

U. Waivers

V. Contact Us

A. Related Policies and Terms

Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms.

The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Bits Card, Inc for products, services, or otherwise.

Bits Card, Inc has adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about Bits Card, Inc's privacy practices, please refer to the Privacy Policy section of the Sites. The information you provide to us, including your personal information, is subject to the terms of the Bits Privacy Policy. By entering into these Site Terms, you represent that you have read, understood and accepted the Bits Privacy Policy.

B. Modification of Site Terms

Bits Card, Inc reserves the right to modify these Site Terms in our sole discretion from time to time and only Bits Card, Inc has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. You can see when these Site Terms were last reviewed by referring to the “Last Updated” legend above. Any changes or modification will be effective upon posting of the Site Terms as revised, and your continued use of the Sites following the posting will constitute your acceptance of the new Site Terms.

C. United States Usage

The Sites are operated by a U.S. entity and are governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use the Sites or Bits Card, Inc’s services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using Bits Card, Inc’s services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.

D. License and Site Access

Bits Card, Inc grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form 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 Sites 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 (including any Bits Card, Inc trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Sites or any other user of the Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Bits Card, Inc or any third party. You may not use any meta tags or any other “hidden text” utilizing Bits Card, Inc's name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions 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 have all violators prosecuted to the fullest extent of the law.

E. Payment Terms

1. Bits Membership Accounts
Bits Membership Accounts are issued by Bits Card, Inc. Use of the account constitutes acceptance of the following terms:

  • The account may be used only for making purchases of merchandise on www.getbits.us in the United States.

  • Bits Card, Inc is not responsible for use of the account without your permission; and

  • Balances cannot be applied as payments to any account or redeemed for cash, except as required by law.

After obtaining a Bits Membership Account, if you apply for a Bits Revolving Retail Charge Account, please note that the terms of that will be covered separately.

2. Payment
Payments by you to Bits Card, Inc are processed by a third party that will receive your payment information. To keep your financial data secure, we do not store full credit card information.

Bits Card, Inc reserves the right at any time to discontinue or suspend payments or where they are accepted.

F. Changes, Misprints, Errors and Cancellations

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Where required by law, taxes applicable to merchandise you are purchasing will be added to your order.

G. Passwords and Security

If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Bits Card, Inc immediately. Bits Card, Inc reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Bits Card, Inc takes prudent steps to protect your account and the Sites, it cannot protect your information outside of the Sites. For example, when Bits Card, Inc communicates with you via unencrypted email from time to time, 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. Bits Card, Inc may rely on the authority of anyone accessing your account or using your password and in no event will Bits Card, Inc be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Bits Card, Inc under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.

H. Intellectual Property

1. Ownership
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws.

2. Trademarks
Bits Card, Inc, and its respective designs and/or logos are either trademarks or registered trademarks of Bits Card, Inc and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bits Card, Inc. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Bits Card, Inc, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bits Card, Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

3. Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bits Card, Inc or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Bits Card, Inc, is strictly prohibited.

4. Copyright
To notify us of a suspected copyright infringement, email us at usa@getbits.app, or write to us at:

Bits Card, Inc
368 9th Avenue
New York
NY, 10001

Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

b. A description or identification of the copyrighted work you claim has been infringed.

c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.

d. Your address, telephone number, and e-mail address.

e. 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 the law.

f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

Repeated violations of others' copyrights may result in a loss of privileges.

It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

I. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the "Software"), that may be made available on the Sites is licensed to you by Bits Card, Inc on a non-exclusive and limited basis. Bits Card, Inc shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

J. Hyperlinks
1. Links to the Sites
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray Bits Card, Inc or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Bits Card, Inc trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without Bits Card, Inc's express written consent. All other linking is prohibited without prior consent from Bits Card, Inc. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bits Card, Inc or any third party.

2. Third Party Links
Bits Card, Inc makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Sites, or websites linking to the Sites.

K. Submissions
1. Your Information
If you register on the Sites, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.

2. Additional 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 in the form of email or submissions to Bits Card, Inc, or postings on the Sites (“Submissions”) are non-confidential (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, world-wide, 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 confidence or other duties on our part or 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 paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.

3. Restrictions for Submissions
By using the Sites, you agree not to do any of the following: - Upload to, distribute, create through or otherwise publish through the Sites any Submission ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable; - 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; - Upload or transmit any Content that may infringe 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; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute or otherwise publish through the Sites 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 goods, services, schemes or promotions; - Upload any Content that contains any private or personal information of a third party without such third party’s consent; and - 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.

4. Policies and Enforcement
All access to and use of the Sites are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Sites. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may 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 good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Bits Card, Inc has the right, but not the obligation, to 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 Sites and related services at any time, and block, remove or edit any communication and materials that Bits Card, Inc believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Bits Card, Inc 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.

5. Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to Bits Card, Inc under these Terms. You remain solely liable for the Content or other information you upload or transmit to the discussion forums or interactive areas of the Sites. You agree to indemnify and hold harmless Bits Card, Inc and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions (including Content), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Sites on your behalf or arising out of your violation of these Site Terms.

L. Financial Material Disclosure
1. Third Party Financial Information
We provide links and access to third party websites or services that contain information that is provided as a service to those interested in the information.Bits Card, Inc neither regularly monitors nor assumes responsibility for the content of third parties' statements or websites. Accordingly, Bits Card, Inc does not endorse or adopt these websites or any information contained therein. Bits Card, Inc makes no representations or warranties whatsoever regarding their accuracy or completeness.

M. Age Restrictions
Usage of this site is age restricted: to access and use this Application and its Service the user must be at least 18 years of age, eligible to form a binding contract with us, and not a person prohibited from receiving Services under the law of the United states or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Terms and Conditions and may not use the Application or Services.

N. Disclaimer
THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BITS CARD, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. BITS CARD, INC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BITS CARD, INC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BITS CARD, INC DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.

FURTHERMORE, THE SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED WITH THE UNDERSTANDING THAT ORDERS ARE NOT MADE PURSUANT TO ANY COVERED FEDERAL, STATE OR LOCAL GOVERNMENT CONTRACT THAT WOULD IMPOSE GOVERNMENT CONTRACTING OBLIGATIONS ON BITS CARD, INC BY NATURE OF THIS SALE. ANY ITEMS PROVIDED IN CONNECTION WITH THIS PURCHASE ARE NOT INTENDED FOR DISTRIBUTION OR RESALE TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF 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 Bits Card, Inc.

O. Limitation of Liability
THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BITS CARD, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. BITS CARD, INC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BITS CARD, INC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BITS CARD, INC DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF BITS CARD, INC IN CONNECTION WITH OPERATING THE SITES.

P. Applicable Law, Venue and Limitation of Actions
These Site Terms shall be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and entirely to be performed within Delaware, without resort to its conflict of law provisions. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the federal or state courts located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.

Q. Termination
The term of these Site Terms will continue until terminated by you or Bits Card, Inc as set forth below.

Notwithstanding any of the Site Terms, Bits Card, Inc reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms or Bits Card, Inc’s policies. Upon termination, these Site Terms shall still apply.

You have the right to terminate these Site Terms without charge within 7 days of agreeing to them.

If you want to terminate the Site Terms with Bits Card, Inc, you may do so by notifying Bits Card, Inc via email at usa@getbits.app, and including your name, date of birth, membership account number and email address for your Bits Account.

You may also terminate your account by calling our US customer service number at +1-646-396-0419.

R. Consent to Electronic Communication
When you visit the Sites, chat with us 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 chat, email, or by posting a notice on the Sites. 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 www.getbits.us 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 personal financial or medical information 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 financial or medical 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. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in our Privacy Policy.

S. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines 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 administering 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.

T. Severability
If any provision of the Site Terms 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 Site Terms and shall not affect the validity and enforceability of any remaining provisions.

U. Waivers
No waiver, express or implied, by either party of any breach of or default under these Site Terms 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.

V. Contact Us
If at any time you need assistance or are experiencing difficulties using the Sites, please contact Customer Service via email at usa@getbits.app.

MEMBERSHIP PRIVILEGES & CONDITIONS

We look forward to serving you as a Bits Card, Inc member. This section (“Membership Privileges and Conditions”) applies on top of our Terms & Conditions if you sign up for a Bits membership to become a member. If you have any questions, please contact Customer Service via email at usa@getbits.app.

Bits membership is subject to our Membership Privileges and Conditions, which may change from time to time

Membership


  • Bits membership is available to all qualifying individuals 18 years of age and over.

  • Bits membership accounts are issued by Bits Card, Inc. Use of the account constitutes acceptance of the following terms:

    • The account may be used only for making purchases of merchandise on www.getbits.us in the United States.

    • Bits Card, Inc is not responsible for use of the account without your permission; and

    • Balances cannot be applied as payments to any account or redeemed for cash, except as required by law.

  • Bits Card, Inc reserves the right to refuse membership to any applicant and membership may be terminated at Bits Card, Inc’s discretion and without cause.

  • Bits membership is subject to any and all rules adopted by Bits Card, Inc including our Terms and Conditions, privacy policies and practices, and they may be amended from time to time without notice.

Membership Fees

  • Bits membership fee is payable upon signing up as a member on Bits Card, Inc’s US website.

  • For members who have signed up to Bits under a promotional package, your Bits membership fee will be payable beginning on the day after your promotional period ends

  • Your Bits membership is only available to you and no one else.

  • Your Bits membership is valid in the online Bits US store and is not transferable.

  • You will be required to log in with your Bits membership account when entering the online Bits US store to access and purchase our online merchandise.

Auto-renewal of account

  • All Bits membership accounts are auto-renewed by default.

  • If you signed up for an ordinary Bits membership account, your renewal membership fee will be charged on the same date as when you first signed up in the original period. This means:

    • If you signed up for a monthly membership plan, you will be charged on the same date each month as when you first signed up;

    • If you signed up for a yearly membership plan, you will be charged on the same date each year; and

    • If you signed up for a 2-year membership plan, you will be charged on the same date every 2 years;

  • If you signed up for a Bits membership accounts under a promotional package, your first membership fee will be charged on the day after your promotional period ends (see ‘Membership Fees’ above). Your renewal membership fee will then be charged on the same date of every subsequent period as the date of when you were first charged.

  • If a member does not wish to renew their account, it is their responsibility to contact Bits Card, Inc Customer Service to request the cancellation or termination of their membership (see our ‘Cancellation Policy’ section below).

Cancellation Policy

  • We are committed to providing our customers with the service and products that they want and need. Therefore, every customer is entitled to cancel their membership with a full refund of their membership fee within seven days of signing up for their Bits membership (the ‘cooling-off’ period).

  • If you have signed up to a Bits membership plan under a promotional package, the seven day cooling-off period will not apply. Instead, you have the option to cancel your plan at any time before your promotional period ends, without incurring additional charges.

  • To cancel your Bits membership, you should email Bits at usa@getbits.app, with the following model cancellation form:

Model Cancellation Form
(Complete and return this form only if you wish to withdraw from your contract)
To Bits Card, Inc.,
I hereby give notice that I cancel my contract of sale for the supply of the Bits service,
Ordered on [*]/received on [*],
Name of consumer,
Bits membership number [*],
Address of consumer,
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate

Changes to Membership Terms

  • We may make changes to the Membership Privileges & Conditions, including our membership fees, from time to time, where:

    • We reasonably consider that it makes the terms easier to understand or fairer to you;

    • We reasonably consider that the change will benefit you (or isn’t to your disadvantage and wouldn’t increase the cost to you);

    • This reflects reasonable changes to the way we run our business because of a change in market conditions, in technology, or in the systems we use;

    • This reflects (or anticipates changes in) legal or regulatory requirements that apply to us, including fraud prevention requirements;

    • This helps maintain or improve our systems and/or services (including ensuring that we have prudent and appropriate checks in place);

    • This reflects costs that we incur;

    • This reflects our credit assessment of you;

    • You request a change that we agree to.

  • Any change that we make will be reasonably proportionate to the effect the change has on us.

  • Because this contract has no fixed end date, we may from time to time need to make changes for reasons not set out here.

  • We will tell you about any changes to the terms via email at least 30 days before we make the changes (unless the changes are: (i) as a result of the expiry of a promotional period, (ii) to your advantage, or (iii) we need to make changes to continue to comply with legal or regulatory requirements, in which case we may give you less notice). The email we send you will let you know when the changes will start to apply to you. During that period, you can close your account with us without incurring any new charges. To close your account, please contact us at usa@getbits.app.

Payment

  • Payments by you to Bits Card, Inc are processed by a third party that will receive your payment information. To keep your financial data secure, we do not store full credit card information.

  • Bits Card, Inc reserves the right at any time to discontinue or suspend payments or where they are accepted.

Change of Membership Plan

  • Bits members may change their membership plan on Bits Card, Inc’s US website. Any change will take effect after the end of their existing billing cycle.

Online Store Returns and Refund policy

  • Bits Card, Inc does not offer any refunds or accept any returns on the products purchased by customers on the online Bits US store.

Sales and Use Taxes

  • The member agrees to pay Bits Card, Inc any sales, excise, use or ad valorem tax that is imposed on the sale price of the merchandise purchased, which may be based on the pre-sale price. The member agrees that in the event they fail to pay Bits Card, Inc such tax, they will hold Bits harmless and indemnify Bits from any claim, loss, assessment or expense occasioned by such non-payment.

General Policies

  • It is Bits Card, Inc’s intent to provide an online shopping environment free from all forms of harassment and discrimination for employees, customers, independent contractors, members and suppliers. We therefore prohibit all forms of harassment and discrimination via our communication channels.

Privacy

  • We respect your right to privacy. Our Privacy Policy outlines our policies and practices in detail. Please see the Privacy Policy at www.getbits.us.