Last update: December 19, 2020
1. Description of Website and Acceptance of Terms.
3. Privacy and Data Protection.
We will provide the Customer with the services described on the Website, which allow the Customer to input details about their website's digital coupon codes and have the Website distribute those coupon codes to a variety of third party coupon sites (collectively, the "Services"). The Services include, without limitation, the following features:
- The ability to add details about digital coupons ("Coupons") into a preset number of coupon slots in accordance with the corresponding Subscription (see 6.1 below) selected by the Customer.
- The ability to distribute Coupons to coupon websites and social media services.
- The ability to measure performance of the Coupons at a high level with analytics.
- Any other features and functionalities provided by us to the Customer.
5. Accessing and Using the Website.
5.1. License. Subject to the terms and conditions of this Agreement and your payment of any applicable fees, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as permitted by the features of the Service during the term of this Agreement. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
5.2. Content. Some areas of the Service allow Customers or other visitors to post or provide content such as profile information, content or other information on the Service (any such materials a Customer or other visitor submits, posts, displays, or otherwise makes available on the Service is referred to as "Content").
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the rights of any person, including, without limitation, privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy (in each case, as determined in our Discretion); (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute (as determined in our Discretion).
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time and for any reason, without any liability or obligation whatsoever.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
5.6. Third-Party Endorsements & Disclaimers. Our customer stories, testimonials and third party endorsements appearing on this site or conveyed through a webinar are based on individual experiences of those who have used our products and/or services. They are based on individual results and results may vary.
5.7. Eligibility. The Service is available only to a Customer whose primary service area is the United States, Canada, the United Kingdom or Australia. When registering you are attesting the same. If it is determined that the primary service area of the Customer is not one these four countries then the account will be canceled.
6. Orders and Billing.
6.1. Subscription. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). After an agreed Free Trial period expires, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you affirmatively cancel it or we cancel it. You may cancel your Subscription renewal by contacting our customer support team or by canceling directly within your account dashboard.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If such payment it not made then your access to the Service may be interrupted or cancelled, in each case with no obligation or liability to GCF.
6.2. Free Trial. Access to the Website and the Services may be granted to the Customer on a trial or 'free' basis ("Free Trial") for a period of fourteen (14) days.
This Free Trial access is solely for the purpose of providing the Customer a preview of the functionality, features, and possible benefits of the Services. You may be required to enter your billing information in order to sign up for the Free Trial.
On the last day of the Free Trial period, your credit card will be charged in accordance with your Subscription.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer, in each case without any liability of obligation to GCF.
6.3. Fee Changes. We, in our sole and absolute discretion ("Discretion") and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
6.4. Refunds. Certain refund requests for Subscriptions may be considered by on a case-by-case basis and granted in our Discretion.
6.5. Payment Methods. GCF accepts payments through the Website by credit card. All pricing is in U.S. Dollars, and we accept payment in U.S. Dollars only. In the event of failed payment processing with respect to any purchase through the Website, you agree to allow us to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, GCF reserves the right to cancel your order and suspend your Account.
6.6. Accuracy of Information. GCF cannot and does not guarantee the accuracy or completeness of the Website or the information available thereon. You understand that any information on the Website may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which we reserve the right to correct without liability. We do not guarantee that any particular product will be available or as described, and it reserves the right to make substitutions or omissions at its discretion. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider. In the event that any product or service available for purchase on the Website is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for such incorrectly listed products. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
7. Your Account.
7.1. Registration. We makes certain services available to you that enable or may require you to register an account (an "Account"). Registering an Account requires you to provide us with information about yourself. When you register an Account, you shall provide true, accurate and complete information. In the Account creation process, you represent that you are an owner or an agent of the website being registered. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 18 years or older. We reserve the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.
7.2. Account Credentials. You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Website with the credentials of another person's Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with us. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify us. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
7.4. Electronic Communications. You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.
8. Third-Party Content and Applications.
8.1. Links. In an attempt to provide increased value to our visitors, we may link to websites operated by third parties. Such websites are not necessarily under our control, and we are not responsible for the content of any linked website or any link contained in a nonaffiliated linked website. We have selected the links on the Website for your convenience only. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information on the Website.
9. Intellectual Property.
9.2. Copyright. The Website is protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 5.1 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Content or any portion thereof without our prior written consent.
10. Disclaimer of Warranties.
THE WEBSITE, INCLUDING THE CONTENT AND ANY DOWNLOADABLE PRODUCTS OR PHYSICAL MERCHANDISE PROVIDED THEREWITH, IS PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GCF, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER, THE "GCF PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE GCF PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING THE COMPUTER HARDWARE, DEVICES, INTERNET CONNECTION AND/OR DATA PLAN NECESSARY TO ACCESS AND USE THE WEBSITE, AND ALL COSTS AND EXPENSES RELATED THERETO.
11. Limitation of Liability.
11.1. YOUR USE OF AND ACCESS TO THE WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE GCF PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE WEBSITE, ANY DELAY IN OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE GCF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
11.3. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, GCF WOULD NOT ALLOW YOU TO ACCESS OR USE THE WEBSITE.
11.4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.
12.2. We reserve the right, at our own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with our defense of such claim.
13. Governing Law.