By accessing, browsing, and/or using the App, you accept and agree to be bound to these Terms. In addition, when using particular BrewPass services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
Section 1: Introduction We are Subscrybe App, Inc, a brand of http://www.BrewPass.com, unless otherwise stated.
Section 2: Definitions
"you", "your" and "yours" are references to you the person accessing this App 2.4. "we", "us", "our", and "BrewPass" are references to the Company;
"Items" is a reference to any goods or service which we may redeemed from our App from time to time;
"App" is a reference to our App http://www.BrewPass.com or our mobile applications on which we offer our Goods or Services.
“Business” or “Businesses” is a reference to any restaraunt, bar, store, shop or any other place that is featured on Subscryeb App
“Member” is a reference to any one who subscribes to anything on BrewPass
“Redemption” or “Redeem” is the process of getting any Item from any Business using BrewPass
Section 3: Membership
Membership allows a Memeber to redeem items at participating businesses using BrewPass. Each Membership is allowed a set amount of business they can redeem items from. The businesses may change from time to time at BrewPass’s discretion
Members cannot transfer or assign items to third parties, including other BrewPass members unless explicable allowed by BrewPass
Members are limited to the amount of times that they can redeem items at businesses. BrewPass reserves the right to increase from time to time in its sole discretion the number of Items a member can redeem a given cycle (such as pursuant to certain promotions that we may offer from time to time). Please note that if a business has more than 1 location, the set limit applies to all locations, and the limit is not per location. BrewPass makes no guarantee on the availability of Items as access to Items is on availability to per business basis.
Your BrewPass membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each BrewPass cycle is listed on Duration, and will automatically renew at the end of the cycle. For example, if you purchase your BrewPass Membership on April 1, your membership will automatically renew on May 1 (see “Billing Cycles,” below). Once your new cycle starts, you will receive your full number of items for such new cycle. Please note that any Items not used during a monthly membership cycle are forfeited, and will not be exercisable in the next subscription cycle.
You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use BrewPass. We automatically will bill the monthly membership fee to your Payment Method each month until your BrewPass is cancelled or terminated.
Section 4: Billing
Recurring Billing. By starting your BrewPass membership, you authorize us to charge you a monthly membership fee at the then current rate.
Billing Cycle. When you sign up and purchase your BrewPass, your first subscription cycle will be billed immediately. Your subscription will auto-renew and you will be billed as soon as the current cycle is complete.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by emailing us at firstname.lastname@example.org or calling us at 1-312-809-6986. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
Cancellation. You may terminate your monthly subscription at any time by unsubscribing in the app.
Section 5: Ordering
Any Item redeemed from this App is between you and the Business; BrewPass makes no guarantee on the availability of Items as access to Items is on availability to per business basis.
For the supply of Items from this App any contact is between you and BrewPass. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
Items redeemed from this App are intended for your use only and you warrant that any Items purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
Please note that some of our Item may be suitable for certain age ranges only. You should check that the Item you are ordering is suitable for the intended recipient.
When ordering from this App you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. We cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the App.
Any Item that you redeem with us is subject to product availability, delivery capacity and acceptance by us and the Participating Business. When you place your order on the app, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Business will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
If the Business is unable to provide the item. You will not be able to use BrewPass at that time for that Business. You will not lose one of your redeem allowances.
Section 6: Prices and Payment
We will make every effort to ensure all prices on the app are correct, however, we reserve the right to alter these in the future .
We reserve the right to alter the Items or Businesses available for redemption on the App and to stop listing Businesses and Items.
Section 7: Information
You agree that the information you provide to BrewPass on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
Section 8: Other Fees
Your Membership covers your Fee to redeemable Items. In addition, you are responsible for paying any other charges that a business has for you.
BrewPass does not include tip.
Section 9: Termination by BrewPass
You agree that BrewPass, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with BrewPass or use of the App and remove and discard all or any part of your account or any content uploaded by you, at any time. BrewPass may also in its sole discretion and at any time discontinue providing access to the app, or any part thereof, with or without notice. You agree that any termination of your access to the App or any account you may have or portion thereof may be effected without prior notice, and you agree that BrewPass will not be liable to you or any third party for any such termination. BrewPass does not permit copyright infringing activities on the App and reserves the right to terminate access to the App and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the App may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BrewPass may have at law or in equity.
Section 10: Eligibility
THE APP IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE APP BY Subscrybe . BY USING THE APP, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE APP.
Section 11: PRIVACY
BrewPass uses Personally Identifiable Information for several general purposes:
to provide you with service information, and news,
to support the services offered on the App,
to contact you for feedback about our services,
to conduct research about BrewPass’s customer base or services,
to fulfill your orders,
to process your payments including credit checks and collection,
to notify you of technical updates or changes in policy, or
to contact you for our own marketing and promotional purposes.
We may use non-Personally Identifiable Information such as demographic data to analyze and develop our marketing strategy and further improve the Site and our services.
Section 12: Information Sharing and Disclosure
to any applicable Business for each item that you redeem on the App.
if sharing the information is reasonably necessary to provide a Item that you have requested.
to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to recieve
if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, or to protect personalety, the public, or the Site.
in connection with a sale or merger with another entity or if BrewPass should ever file for bankruptcy or have its assets sold to another
when we otherwise have your consent to share the information.
BrewPass may also share non-Personally Identifiable Information with third parties (e.g. aggregate or demographic data).
Section 13: PROHIBITED CONDUCT
By using the App, you promise not to:
Harass, threaten, or defraud App users;
Make unsolicited offers, advertisements, proposals, or send junk mail to users;
Impersonate another person or access another user’s account;
Share BrewPass-issued passwords with any third party or encourage any other user to do so;
Permit third parties to use any Subscryeb App booked under your own membership, including other members;
Misrepresent the source, identity, or content of information transmitted via the App, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of BrewPass or users of the App;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
Section 14: PROHIBITED USE
Those who choose to access the App do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the App. You may not attempt to gain unauthorized access to the App, or any part of the App, other accounts, computer systems or networks connected to the App, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted on the App. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, any features that prevent or restrict use or copying of any content accessible through the App, or any features that enforce limitations on the use of the App or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. You agree neither to modify the App in any manner or form, nor to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorized access to the App.
You much be 18 years of age or older to use this App or to purchase a Subscryeb App membership. BrewPass reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Section 15: ADDITIONAL TERMS
When using the App, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into the Terms.
Section 16: OWNERSHIP; PROPRIETARY RIGHTS
The App is owned and operated by BrewPass. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the App provided by BrewPass (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the BrewPass are the copyrighted property of BrewPass or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BrewPass or its affiliates and/or third-party licensors. Except as expressly authorized by BrewPass, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Section 17: THIRD-PARTY, PRODUCTS AND SERVICES; LINKS
The App may include links to other web Sites or services (“Linked Sites”) solely as a convenience to users. BrewPass does not endorse any such Linked Sites or the information, material, products, or services contained on other linked Apps or accessible through other Linked Sites. Furthermore, BrewPass makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked Apps. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED APPS OR AVAILABLE THROUGH LINKED APPS, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App are solely between you and such advertiser. YOU AGREE THAT BrewPass WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE App.
Section 18: NOTICE
Except as explicitly stated otherwise, legal notices will be served, with respect to BrewPass, on BrewPass’s national registered agent, and, with respect to you, to the email address you provide to BrewPass during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Section 19: DISCLAIMERS; NO WARRANTIES
ANY ITEMS OFFERED VIA THE APP ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT BrewPass. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH ITEMS, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BrewPass BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A EXPERNIENCE AT A BUSINESS ON THE APP, SERVICE OR APPOINTMENT MADE THROUGH THE App, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE APP BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE APP OR ANY CONTENT ON THE APP.. BrewPass IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS REDEEMED A ITEM, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE APP. WITHOUT LIMITING ANYTHING HEREIN, BrewPass DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY ITEMS, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE APP.
UNLESS OTHERWISE EXPRESSLY STATED BY BrewPass, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE App AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE App AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE App OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE App AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE App IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE App AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.