End User Agreement, Terms, Condition, & Services
(GIDX Platform Service)
The following outlines an implicit agreement between Service Provider and you, the user of its services. Service Provider provides customer compliance & validation services (the “service”) as described in the outline below. This user agreement is also set to serve as notice to all users the usage policies regarding these services. By proceeding with the use of this service you are providing your consent to the use of these services consisting of device recognition and identifier technologies, identity authentication, and location verification in accordance with the terms of this policy.
By proceeding with this Service you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at the Service Provider’s website. Service Provider reserves the right to update and change the Terms of Service by posting updates and changes to the Service Provider website. When returning to a merchant website that utilizes the Service Provider Service or Logging into your account you will be alerted in the event if the Terms of Service have changed.
The Service Provider services (the “Service”) transmits necessary identity authentication and location information, as required by this website. By enrolling in the Service, you are agreeing to have your location (including your cell phone / mobile device location) and other identifying information logged and used for account authentication. Each time this occurs some or all of the following information may be authenticated: your identity, location, service approval, activity, and/or financial transaction approval. This information is stored securely and used to ensure that you are currently within the proper parameters for compliance associated with the website and service that is being accessed, as both required by law, and the terms and conditions of the this site.
Use of Data
Your data will be used by the Merchant and Service Providers in order to execute the functions of the Service. Data provided by the End User and or Merchant, as well as any data collected in the functions of the Service may be shared with third party partners as part of the Service. All Identity, Location, Financial, Device, or Other known data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. This information is used to aid Service Provider in the performance of its service; specific data connected with financial transactions between the End User and Merchant is not shared with any other party unless stated. This data may be used by the Service Provider in any capacity applicable to updating and enhancing the profile of the End User.
Service Provider may update or modify the Service from time to time without prior notice to you (“Updates”). All Updates shall become part of the Service and shall be subject to the terms of this Agreement. The terms of this Agreement will govern any updates to the service.
This Agreement is effective until terminated by the user, the company, or the Service Provider. Without limiting the foregoing, your rights under this Agreement, including your right to use the Service, will terminate automatically without notice from Service Provider upon your failure to comply with any term(s) of this Agreement, or the violation of the intellectual property rights of the service and/or its licensors and/or any applicable law by you or anyone else who gained access to the Service through you or your connection to the Service (whether under your account or password, at your direction, under your supervision, with your permission or otherwise). Upon the termination of this Agreement, you shall cease all use of the Service and understand that any website, software, or other consumable application may not become available or usable. Upon termination of this Agreement, you shall no longer be permitted to use the Service and Service Provider shall be entitled to specific performance of your foregoing obligations. The Service Provider also reserves the right to change, suspend, remove, or disable access to the Service and/or any content at any time without notice.
Consent to Communication; Use of Data.
By using the Service, you consent to receive communications from the Service Provider or its Partners, including (a) notices, (b) agreements, (c) legally required disclosures and (d) other information in connection with the End User data profile and use of the Service. Electronic communication including, without limitation, via text message or e-mail may be sent and may incur a fee to the End User via their service provider. If you desire to withdraw your consent to receive these communications electronically, you must discontinue your use of the Service and the content therein. You further agree that Service Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service. You
agree that Service Provider may use this information to improve its products or to provide services, information or technologies to you.
Use of Service by Others.
You acknowledge and understand that it is your responsibility to make sure that others do not obtain or use the Service through you for any purpose not expressly permitted herein (whether through your account or at the direction, under the supervision or with your permission). You shall immediately notify Service Provider if you suspect there has been any unauthorized use of your account). You further expressly acknowledge and agree that Service Provider may audit your use of the Service. You are solely responsible and liable for all use of the Service under your account, and for ensuring that all use of the Service under your account fully complies with this Agreement. All content or instructions transmitted by or received from anyone through your account will be deemed binding on you. You shall be responsible for protecting the confidentiality of your password(s). If you suspect that your password(s) have been compromised, please contact us at the number provided herein.
Disclaimer of Warranties; Assumption of Risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Service Provider DOES NOT WARRANT OR GUARANTEE THAT: (A) YOUR ENJOYMENT OF THE SERVICE WILL NOT BE INTERFERED, (B) THE SERVICE, SOFTWARE AND CONTENT WILL BE FREE OF any virus, corrupted data or other harmful, disruptive or destructive code or files, (C) THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, (D) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR (E) DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Service Provider OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITING THE FOREGOING, Service Provider ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON OR IN THE SERVICE THE SOFTWARE AND/OR THE CONTENT, INCLUDING ANY ERRORS OR OTHER INACCURACIES, THIRD PARTY MATERIALS OR ANY OTHER PRODUCTS, OFFERS OR SERVICES OF THE SERVICE PARTNERS OR ANY OTHER THIRD PARTIES DISPLAYED ON OR OTHERWISE COMMUNICATED THROUGH OR IN CONNECTION WITH THE SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSE APPLICATION, THE SOFTWARE AND/OR THE CONTENT, INCLUDING ANY VISIT TO OR ANY BUSINESS TRANSACTION WITH ANY SERVICE PARTNERS OR OTHER DESTINATIONS, OR ANY USE OF ANY THIRD PARTY MATERIALS, REMAINS WITH EACH USER. SHOULD THE SERVICE OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Service Provider NOR ITS AFFILIATES, LICENSORS OR VENDORS (INCLUDING THE SERVICE PARTNERS) NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR (A) ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU OR ANYONE ELSE IN RELIANCE UPON THE SERVICE, THE SOFTWARE AND/OR THE CONTENT (INCLUDING ANY RECOMMENDED DESTINATIONS); (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR ACCOUNT, DEVICE OR INFORMATION; (D) UNAVAILABILITY OF OR INABILITY TO ACCESS THE LICENSED APPLICATION, THE SOFTWARE, AND/OR THE CONTENT; (E) ANY DAMAGE TO YOUR DEVICE OR OTHER PROPERTY WHICH IS CAUSED BY YOUR OR ANY OTHER USERS USE OF THE SERVICE, THE SOFTWARE AND/OR THE CONTENT; (F) ANY LOSSES OR LIABILITIES WHICH RESULT FROM YOUR OR ANYONE ELSE’S USE OF THE SERVICE, THE SOFTWARE AND/OR CONTENT WITH EQUIPMENT AND SYSTEMS WHICH DO NOT MEET THE SPECIFICATIONS FOR THE SERVICE PUBLISHED OR OTHERWISE MADE AVAILABLE BY Service Provider; OR (V) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE AND/OR THE CONTENT, EVEN IF Service Provider OR ANY SUCH OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Service Provider OR ITS AFFILIATES, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS OR OWNERS, BE RESPONSIBLE OR LIABLE FOR ANY (I) THIRD PARTY MATERIALS OR ANY NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER ACT OR OMISSION OF ANY SERVICE PARTNERS OR ANY OTHER THIRD PARTY; OR (II) ANY PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY WHICH OCCURS AT ANY DESTINATION OR ON THE PREMISES OF ANY SERVICES PARTNERS OR ANY OTHER THIRD PARTY OR WHICH IS OTHERWISE CAUSED BY THE SERVICE PARTNERS OR ANY OTHER THIRD PARTY OR THEIR RESPECTIVE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Service Provider’S ENTIRE LIABILITY UNDER THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR CERTAIN OTHER DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Service Provider AND THE OTHER RELEASED PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless Service Provider and all other Released Party against any claims, demands, actions, losses and liabilities, and related costs and expenses incurred by Service Provider and any other Released Party (including reasonable attorney’s fees), which results from any breach of any covenant, representation or warranty in this Agreement, any violation of the intellectual property rights of Service Provider and/or its licensors, and/or any violation of applicable law by you or any other user which gained access to the Service through you, under your account, at your direction, under your supervision or with your permission.
Choice of Law; Venue.
Violations of this Agreement.
Violation(s) of this Agreement may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You agree that monetary damages may not provide a sufficient remedy to Service Provider for violations of this Agreement and you consent to the application of injunctive or other equitable relief for such violations to the maximum extent permitted by applicable law.
For support, you may use any of the following:
• Email email@example.com
• Call Service Provider’s support desk at 833-383-5600.
When applicable, any response or reply texts from you to the original received Service Provider SMS text shall not be accepted.
Location coordinates (longitude, latitude, and radius) are obtained only once Service Provider has received proper authorization from the user.
1. Identity – Your identity will need to be authenticated via request for personal verifiable information either by third party providers, in the form of challenge response questions, or other means. Your access of your account directly via Service Provider or through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.
2. Location – As permitted by your acceptance of the location authentication service, Service Provider shall send you an access code via SMS/Text message to the associated mobile phone number. By entering this access code into the secure form provided on the location verification page you are acknowledging that the Service will utilize your phones location to authenticate your physical location as needed for use on the merchant’s site/app/software. This confirmation of the special designated access code is your adherence to the understanding that you are Opting In to the location service provided and that the merchant site will have access to the results of this information to be used for security, analytics, and regulatory compliance reasons.
3. Devices Attribute Scanning – Your connecting device to this service will be used in part to authenticate your ability to access the service and may include requests for information by third party providers. Your access of your account directly via Service Provider or through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.
4. Payment Method Authentication – In the event of a payment authentication you will be alerted that your personal information located within your account may be used to authenticate your lawful use of the payment device. This service will be used in part to authenticate your ability to utilize the payment method presented and may include requests for information either by third party providers or your account with Service Provider. The acceptance of this service to verify your access to a payment method through an authenticated merchant constitutes acceptance of the services access and use of this information and the results of this information may be used for security, analytics, and regulatory compliance reasons.
For help, you should email firstname.lastname@example.org or call the support desk at 833-383-5600.
You may choose to opt out of Service Provider’s ability to provide service for any of the process above by emailing email@example.com or calling the support desk at 833-383-5600.
Upon registering an account with one of our related third-party merchant sites, you may also be required to register a customer account the Service Provider service. Each time a customer registers at an authorized merchant site, any of the additional following Opt-In or Opt-Out situations can occur:
1. Acceptance of Identity verification utilizing localized and or connected databases to authenticate your identity information.
2. Acceptance of location verification utilizing your connected device in the form of a personal computer, laptop, tablet, mobile phone, or any other internet connected device.
3. Acceptance of your connecting devices security configuration for verification of account connectivity and “do no harm” associated with malicious software either known or unknown.
4. Acceptance and confirmation of merchant related regulatory requirement “watch list” or other membership list precluding your lawful ability to access your existing account or to create an account.
5. Acceptance of services providing analytical data that may be used to determine certain possible fraud, high risk, or other possibly malicious activity.
6. Acceptance of services related to and for the purpose of authenticating your lawful access to payment or other financial instruments as according to the laws of the jurisdiction of the merchant.
Changes and Amendments to this Agreement.
Service Provider reserves the right to revise this Agreement at any time and (except where otherwise required by applicable law) without notice to you. The most current version of this Agreement will be available from your Service Provider account representative, and will supersede all previous versions of this Agreement. You are responsible for remaining knowledgeable as to any changes that Service Provider may make to Agreement by periodically checking for updated versions of this Agreement when accessing or using the Service.