WELCOME TO THE TRUEKONNECTS PLATFORM

Last Updated on February 4, 2017

TrueKonnects ("We" or "TrueKonnects" or "Company"), provides a web and mobile platform for business owners and customers to manage the rewards programs and related services ("Services" or "TrueKonnects Services"), and provides and/or enables related mobile applications ("Apps" or "TrueKonnects Apps"), for use by you ("User") to make payments for goods and/or services to TrueKonnects and participate in merchant incentive and rewards programs ("Programs") at physical and/or online points-of-sale ("POS"), among other available functions. TrueKonnects provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions ("User Terms" or "Agreement").

These Services are operated and provided by TrueKonnects Inc., 31 West 34th Street, 8th Floor, New York City, NY 10001. If you have any questions about these Terms, please contact us at: contact@truekonnects.com.

By accessing, downloading, copying, and/or using a TrueKonnects App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TRUEKONNECTS, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.

CHANGES TO THE TERMS OF SERVICE

We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. Notice of such changes will be provided, only by posting the updated Notice on our Website and changing the "last updated" date listed on the top of the notice. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

If you have any questions regarding the use of the Website, please enquire by sending your queries or concerns to contact@truekonnects.com.

TrueKonnects User Account

In order to use a TrueKonnects App to initiate transactions and/or engage in any merchant reward Campaigns, you must first register with TrueKonnects and create a TrueKonnects User Account. Your registration and use of a TrueKonnects User Account is subject to these User Terms.

By registering for a TrueKonnects User Account, you agree that:

• All information provided to TrueKonnects is accurate, current and complete, and that you will maintain and update such information as it changes;
• You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
• You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The TrueKonnects platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;
• You do not and have never used or maintained any other TrueKonnects User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
• Your registration and your use of TrueKonnects and any TrueKonnects App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
• Your registration and your User Account, including any User Credit, Gift Card Credit, or Merchant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.

Termination of User Account.

TrueKonnects reserves the right to reject, suspend, or terminate your registration and/or use of a TrueKonnects User Account, and/or your access to the TrueKonnects Services, in the event that you breach any of the TrueKonnects User Terms or any of the representations and warranties made herein, as determined in TrueKonnect's sole discretion.

Merchant Incentive and Reward Campaigns; Campaign Credit

When initiating a TrueKonnects transaction or registering at the TrueKonnects check-in station, you participate automatically in any promotional campaigns offered by TrueKonnect's merchant partners, and/or third-party partners offering rewards to TrueKonnects Users, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. ("Programs"), and earn automatically any merchant-offered rewards, incentives, or discounts ("Merchant Credit") and/or third-party-offered incentives, rewards, or discounts ("User Credit") associated with your transaction. REWARDS APPLIED TO ORDER AHEAD TRANSACTIONS IN A TRUEKONNECTS APP WILL INCLUDE ONLY THOSE REWARDS DISPLAYED IN THE APP AND MAY NOT INCLUDE ALL REWARDS ADVERTISED BY A MERCHANT OR OFFERED BY A MERCHANT THROUGH OTHER CHANNELS, OR IN CONNECTION WITH MOBILE APPS OTHER THAN A TrueKonnects APP. Merchant or User Credit applied to the purchase will be deducted from the transaction amount charged by TrueKonnects as part of the authorized charge to the payment instrument(s) associated with your User Account.

Merchant or User Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or User Credit. If a Program is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or User Credit will expire immediately.

Passwords

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID e-mail address, allows you to access the Services. That login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify TrueKonnects immediately at the email contact@truekonnects.com

No Warranties

The TrueKonnects Services and TrueKonnects Apps are provided on an "as-is" basis. TrueKonnects does not warrant that the Services or TrueKonnects Apps will operate error-free or without downtime. TrueKonnects may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUEKONNECTS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. TRUEKONNECTS DOES NOT WARRANT THAT THE TRUEKONNECTS SERVICES AND/OR ANY LEVEL UP APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRUEKONNECTS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUEKONNECTS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the TrueKonnects Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the TrueKonnects Services.

TrueKonnects is not responsible for the goods and services that you purchase using the TrueKonnects Services or any TrueKonnects App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant's personnel, policies, or processes. TrueKonnects is also not responsible for any customer service related to your payment instrument(s).

Because we do not control the security of the Internet, or other networks you use to access the TrueKonnects Services, TrueKonnects is not responsible for the security of information that you choose to communicate with TrueKonnects while it is being transmitted. TrueKonnects is not responsible for any data lost during transmission.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUEKONNECTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRUEKONNECTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Your Indemnification of TrueKonnects

You shall defend, indemnify and hold harmless TrueKonnects and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of these Terms by you.