Privacy Policy

Last Update: April 1, 2018

This PRIVACY POLICY (the “Privacy Policy”) explains how BSpoints, Inc. (“BombaySpices”, “we”, “our” or “us”) collects, uses, shares, and protects the personal information of persons who interact with our website, bspoints.com (“Site”), mobile application (“App”), or platform (“Platform”) (the Site, App, and Platform shall collectively be the “Service”), and the transactional information of persons who make purchases from merchants that have subscribed to our Platform (“Rewards Providers”).

Even if you do not sign up as a customer of Bombayspices, we may still collect, process, use, store, and share your transactional data in accordance with this Privacy Policy. By using the Service, you agree to the policies and practices described in this Privacy Policy and the Terms of Use. If you do not agree with our policies and practices, you may choose not to use the Service.

Bombayspices may offer certain products and/or services for a fee or for evaluation purposes. In such situations, additional terms or requirements may apply to our collection and use of personal information, and if there is any conflict between such additional terms and this Privacy Policy, the additional terms will control.

§  INFORMATION WE COLLECT

When you interact with us through the Service, we may collect personal information from and about you. You may interact with us directly, such as when you sign up for a Bombayspices account through the Site or App, as well as indirectly, such as when you sign up for a Bombayspices account through our Platform operated by one of our Rewards Providers. When you make a purchase or otherwise interact with one of our Rewards Providers, we may also collect transactional information from you.

§  Information You Provide

We collect personal information from you when you voluntarily provide it, such as when you register for access to the Service and create an account, use certain aspects of the Service, contact us with inquiries or respond to one of our surveys. For example, we may collect your name, phone number, email address, photograph, birthdate, location information, Third-Party Service (defined below) login credentials, other information (such as your online activity) based on your registration and privacy settings on those Third-Party Services, and the messages you send or receive through the Service.

§  Information Automatically Collected

We collect transactional information automatically when you transact with one of our Rewards Providers. Transactional information may include details from your receipt (e.g., subtotal, total, and tip amount), payment card information (e.g., the last four digits of your payment card number and payment card expiration date), bill, and order ticket data (e.g., items purchased and their purchase price) from point of sale printers and devices (“Terminals”) used by Rewards Providers.

When you interact with the Service, we also may use various technologies, including cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other tracking technologies, to automatically collect certain general user data and information, including aggregate measures of the Service’s use and aggregate technical and other data about your use of the Service that does not personally identify you. For example, we may track the total number of visitors or users of the Service, the number of visitors to each page of our Site or App, the domain names of our visitors’ Internet service providers, and how end user customers use and interact with the Service.

§  Tracking Options and Saskatchewan Do Not Track Disclosures

Our cookies and other tracking technologies help provide additional functionality to the Service and help us analyze Service usage more accurately. For instance, our Service may set a cookie on your browser that saves your login credentials. You can set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain Service features. Please refer to your web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.

Our system may not respond to Do Not Track requests or headers from some or all browsers.

§  Combination of Information & Collected from Third-Party Services

We may combine the personal information we receive from or about you, including information you provide to us and information we automatically collect through the Service, as well as information across other computers or devices that you use, with information we collect or receive about you from other online and offline sources, or from other third party sources.
In addition, one of the special features of the Service is that it allows you to integrate various online third-party services, such as social media and social networking services (“Third-Party Services”), directly into your Bombayspices experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third-Party Services. By enabling such Third-Party Services, you are allowing us to pass your Third-Party Service log-in information to these Third-Party Services for this purpose. When you add a Third-Party Service account to the Service, we will collect your Third-Party Service login information and other relevant information necessary to enable the Service to access that Third-Party Service and your data contained within that Third-Party Service. However, please remember that the Third-Party Services may use, store and disclose your personal information differently, as described in their policies, and Bombayspices shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service.

§  INFORMATION USE

Bombayspices uses the personal information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use that information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information to obtain access to the Bombayspices Service, we will use your information to provide you with access to such services and to monitor your use of such services.
Bombayspices uses transactional data to facilitate your transactions with Rewards Providers. If you are a Bombayspices accountholder, transactional data will be used by Rewards Providers to automatically award you rewards points and/or to provide you with other offers that may be of interest to you. We may also remove your personal information from transactional data and aggregate it with other anonymous data, pool and/or combine aggregated data with other information, and share aggregated data with Rewards Providers, affiliates, service providers, agents and business partners. Bombay spices may also disclose de-identified, aggregated data to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Bombay spices and its subsidiaries and affiliates (the “Related Companies”) may use data collected automatically through your use of the Service to analyze, improve, support and operate the Service, to help us improve the content and functionality of the Service, to better understand our users, for distribution in general benchmarking data and industry and/or other usage and demographic reports, and other business purposes.
Bombay spices may also use the personal information collected from and about you through the Service to improve the Bombay spices Service. Bombay spices and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. Bombay spices may also use your information in other ways, with your consent or as disclosed to you at the time of collection.

By voluntarily providing us with personal information or by utilizing the Service, you are consenting to our use of your personal information in accordance with this Privacy Policy. You acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Bombayspices and the authorized third parties referred to herein located in the United States.

By making a purchase at a Rewards Provider that uses Bombay spices Terminals, your transactional information will be used in accordance with this Privacy Policy. Transactional data of Bombay spices accountholders may be used to provide you with Bombay spices rewards points and other offers from our Rewards Providers. Transactional data of non-accountholders will be collected, processed, used, stored and shared to facilitate the transaction and to fulfil any other lawful purpose.

§  INFORMATION DISCLOSURE

Bombay spices is not in the business of selling your personal information and has not sold personal information in the past 12 months. We consider personal information to be a vital part of our relationship with you.
There are, however, certain circumstances in which we may share your information with certain third parties without further notice to you, as set forth below:

·  Rewards Providers\: To the extent you have obtained or redeemed a reward offered by a Rewards Provider, added a Rewards Provider as a membership to your account, made a purchase at or through a Rewards Provider, or otherwise participated in any other activity sponsored or offered on behalf of the Rewards Provider, we may provide your personal and transactional information to such Rewards Providers (a) for the Rewards Provider to redeem and validate your reward, send you customized offers, troubleshoot redemption, combat fraud and otherwise communicate with you; (b) as part of legal proceedings affecting Bombayspices or the Rewards Provider; or (c) to send you marketing information or otherwise facilitate a direct relationship between the Rewards Provider and you.

· Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets. We will use reasonable efforts to try to require that the transferee use personal information collected through the Service or through Bombayspices Terminals in a manner that is consistent with this Privacy Policy.

· Related Companies: We may also share your personal information with our Related Companies, but will only do so in a manner that is consistent with this Privacy Policy.

· Agents, Consultants and Service Providers: Bombayspices, like many businesses, sometimes hires agents or service providers to perform certain business-related functions. Examples of such functions include maintaining databases, sending emails and SMS messages, offering and developing certain features of the Service, and performing maintenance and security. When we employ an agent or service provider to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

·  Other Third Parties: Bombayspices may disclose automatically collected data, including card scans, promotional activities, redemption information, purchase and loyalty history, and other customer account information, with other companies or organizations outside of Bombayspices (such as our Rewards Partners, third-party ad servers, and third-party advertisers[1] ) in connection with marketing, promotional, and other offers. These third parties may match this data with information that they have previously collected about you, and their use of data that they receive from Bombayspices is subject to their respective privacy policies.

· Your Public Profile: If you make any information available through your public profile, it will be made available to members of the Bombayspices community. Please note that your first name and last initial and photo are, by default, available on your public profile, while your phone number, email, and birthday are kept nonpublic (consistent with this Privacy Policy). Please exercise caution when disclosing personal information in these public areas of the Service.

·  Legal Requirements: Bombay spices may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of Bombay spices, Rewards Providers, or our users, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, (iv) protect against legal liability; (v) protect Rewards Providers from fraudulent, abusive, or unlawful uses; or (vi) protect the security or integrity of the Service.

· Aggregate or Anonymous Non-Personal Information: We may also share aggregate, anonymous, or de-identified non-personal information with third parties for their or our marketing or analytics uses, and as described in the “Information Use” section above.

§  YOUR CHOICES AND OPT-OUTS

We do not share your personal information with other third-party organizations for their marketing or promotional uses except as described in the “Information Disclosure” section above, as part of a specific program or feature that includes the ability to opt out, or with your express consent.
The Service will automatically send you SMS messages with updates and other information. You may stop receiving SMS messages by replying STOP or OFF in response to any received SMS message. You may also opt-out of receiving SMS messages on the Bombayspices website. If you opt-out of receiving SMS messages, you may not be able to use certain Service. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of such emails.

§  YOUR SASKATCHEWAN PRIVACY RIGHTS

If you are a Saskatchewan resident, you may request information about our collection, use, and disclosure of personal information, including disclosure to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us at [email protected] and put the statement “Your Saskatchewan Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

§  EXCLUSIONS

This Privacy Policy does not apply to any information other than information collected through the Service and/or from Bombayspices Terminals at Rewards Providers. This Privacy Policy shall not apply to any unsolicited information you provide to Bombayspices through the Service or any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as public forums, any ideas for new products or modifications to existing products, and other unsolicited submissions. All such unsolicited information shall be deemed non-confidential, and Bombayspices shall be free to reproduce, use, disclose, distribute and exploit it without limitation or attribution.

§  Children: Bombayspices does not direct the Service to, nor does it not knowingly collect personal information from children under the age of 13. If we learn that a child under the age of 13 has provided personally identifiable information to Bombayspices through the Service, we will endeavor to delete that information from our databases.

§  Links to Other Websites: This Privacy Policy applies only to the Service and to Bombayspices Terminals at Rewards Providers. The Service may contain links to other websites not operated or controlled by Bombayspices (the “Third-Party Sites”). The policies and procedures we describe here do not apply to the Third-Party Sites. The links do not imply that Bombayspices endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

§  SECURITY

Bombayspices takes reasonable steps to protect the personal information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email, mobile or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you provide.

§  CHANGES TO THIS PRIVACY POLICY

The Service and our business may change from time to time. As a result, it may be necessary for Bombayspices to make changes to this Privacy Policy. Bombayspices reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. If we change this Privacy Policy in a material way, we will provide appropriate notice to you. Please review this Privacy Policy periodically, and especially before you provide any information to us. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement to the terms of such revised Privacy Policy.

§  ACCESS TO INFORMATION; CONTACTING US

You may request, by contacting us as specified below, that we disclose, update, correct, or delete certain personal information that we have collected through the Service. We will take reasonable steps to honor your request. You may also update, correct, or delete certain information associated with your account, and you are responsible for maintaining the accuracy of this information.

Term & Condition

We reserve the right, at our sole discretion, to change or modify these Terms at any time without further notice. If we change these Terms in a material way, we will provide appropriate notice to you, and, for any change, will indicate the date of revision at the top of this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please stop using and accessing the Service.

These Terms contain a mandatory arbitration provision that requires that disputes be resolved in individual arbitration or small claims court proceedings. Please read these Terms carefully.

The Service

Your Registration Obligations: You are required to register with Bombayspice’s BSpoints to access and use certain features of the Service, including the Rewards. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is limited to legal residents in the Canada. If you are under 13 years of age, you are not authorized to use the Service, with or without registering, and must stop use of the Service immediately. If you are between 14 and 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. You further agree that you will not provide us or Rewards Providers any mobile device numbers not assigned to you. You agree that your use of the Service will comply with applicable law and that you will not use the Service to engage in any illegal activity.
Payment Authorization: You agree and represent to Bombayspice’s BSpoints that you are an authorized user of any credit or debit card or payment instrument (collectively “payment instrument”) you use in connection with the Service. Your use of a payment instrument is subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions.

Your Privacy

At Bombay Spice , we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Bombayspice’s BSpoints of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Bombayspice’s BSpoints will not be liable for any loss or damage arising from your failure to comply with these requirements. Only one account is permitted per person. You agree and represent that you are not currently and will not use or maintain any other Bombayspice’s BSpoints account under a different phone number. Your account and your rights under this agreement cannot be transferred by you to any party.

Modifications to Service: Bombayspice’s BSpoints reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bombayspice’s BSpoints shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Rewards: By using the Service, you may have the opportunity to qualify for Rewards through promotional campaigns offered by merchants that participate in the Service. All Rewards made available in connection with the Service are promotional only and have no cash value. You have no property value in any Rewards. Such Rewards are made available directly by the relevant merchant providing such Reward (“Rewards Provider”), and not Bombay Spice , and are redeemable solely for the applicable goods or services of the relevant Rewards Provider as may be determined by such Rewards Provider. The Rewards Provider, not Bombay Spice , is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. Bombayspice’s BSpoints will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:

§  Rewards may not be cashed out or transferred into any other medium of exchange.

§  Rewards are nontransferable.

§  Redemption frequency is determined by the Rewards Provider.

§  Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.

§  Rewards cannot be combined with any other rewards, offers, vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.

§  Neither Bombayspice’s BSpoints nor the Rewards Provider is responsible for malfunctioning, lost, or stolen cards.

§  Reproduction or sale of any Reward is prohibited.

§  Any attempted redemption not consistent with these Terms or any other restrictions imposed by the Rewards Provider or Bombayspice’s BSpoints (including any Reward-specific terms associated with a Reward) will render the Reward void.

§  Rewards are void to the extent prohibited by law.

§  Rewards may be applied only to the applicable products or services sold by the Rewards Provider that are the subject of such Rewards as determined by such Rewards Provider.

A Rewards Provider may discontinue its rewards program and participation with Bombay Spice ’ Service at any time. Bombayspice’s BSpoints also reserves the right to terminate a Rewards Provider’s rewards program and participation with the Service at any time. Upon termination of a Rewards Program for whatever reason, all Rewards will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.

Third-Party Services: You may register for the Service using third-party services (e.g., Facebook Login) and otherwise enable various third-party services to be directly integrated into your Bombayspice’s BSpoints experience. By enabling third-party services within the Service, you are allowing us to pass your log-in information or other information (e.g., token authentication information) to these services for this purpose. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and Bombayspice’s BSpoints shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service. When you access a third-party service you will be subject to the privacy policy of the third-party service. In addition, Bombayspice’s BSpoints is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third-party services, and such third-party services may revoke authentication or become unavailable at any time. As such, Bombayspice’s BSpoints is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. Bombayspice’s BSpoints enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to upload content to the Service and the ability to browse and otherwise access the Service or certain features thereof (“Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we and Rewards Providers may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Bombayspice’s BSpoints account information.
SMS Alerts for Users

§  To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before granting you access to the Bombayspice’s BSpoints Service.

§  When you opt-in to the Bombayspice’s BSpoints Service, either through web-registration or in-store signup, you have the option to agree to receive SMS alerts. If you agree to receive SMS alerts, we will send you an SMS message to confirm your sign-up.

§  You can cancel the SMS alerts at any time. Just text “STOP” to 578277. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

§  If at any time you forget what keywords are supported, text “HELP” to 578277. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our Service as well as how to unsubscribe.

§  We are able to deliver messages to subscribers of most wireless carriers. Please check with your wireless carrier to confirm whether you are able to receive SMS alerts.

§  As always, standard text message and data rates may apply for any SMS messages sent to you from us and to us from you. Message frequency depends on your interaction with the Service. If you have any questions about your text message or data plan, contact your wireless carrier. For all questions about the services provided by this short code, you can send an email to support@Bombay Spice .com.

Conditions of Use

User Conduct: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Bombay Spice , are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities and events that you facilitate via the Service.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for commercial endeavors.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bombay Spice , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, if any.

In connection with your use of the Service, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site, Service, or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or related to the Service is the property of Bombay Spices , our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Bombay Spices .

The Bombayspice’s BSpoints name and logo are trademarks and service marks of Bombayspice’s BSpoints (collectively the “Bombayspice’s BSpoints Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bombay Spices . Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Bombayspice’s BSpoints Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Bombayspice’s BSpoints Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Bombayspice’s BSpoints be liable in any way for any content posted by third parties (including Rewards Providers) or at the direction of users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Bombayspice’s BSpoints does not pre-screen content, but that Bombayspice’s BSpoints and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

User Content Posted on the Site or the Service: You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, whether as an end user or otherwise (collectively, “User Content”), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Bombayspice’s BSpoints and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. The posting of inappropriate User Content, including hateful or discriminatory speech, inappropriate language, or abusive activity of any kind, is prohibited, and Bombayspice’s BSpoints has the sole discretion to determine what constitutes inappropriate User Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Bombayspice’s BSpoints are non-confidential and Bombayspice’s BSpoints shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Applications

The Service may be available or accessed in connection with Bombayspice’s BSpoints applications (“Applications”) made available through third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play.

§  Bombayspice’s BSpoints and you acknowledge that these Terms are between BombaySpices’s BSpoints and you only, and not with any Provider, and that as between BombaySpices’s BSpoints and any Provider, Bombay Spice , not the Provider, is solely responsible for the Applications and the content thereof.

§  You may not use the Applications in any manner that is in violation of or inconsistent with the usage rules set forth for Applications made available through a Provider, or otherwise be in conflict with the terms of use of the Provider.

§  Your license to use Applications is limited to a non-transferable license to use the Applications on a device that you own or control, as permitted by the usage rules set forth in the terms of use of the Provider.

§  Provider has no obligation whatsoever to provide any maintenance or support services with respect to the Applications.

§  Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Application to conform to any applicable warranty, you may notify Provider, and Provider will refund the purchase price for the Application to you, if any; and, to the maximum extent permitted by applicable law, Provider will have no other warranty obligation whatsoever with respect to the Applications, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Bombay Spice ’ sole responsibility, to the extent it cannot be disclaimed under applicable law.

§  Bombayspice’s BSpoints and you acknowledge that Bombay Spice , not Provider, is responsible for addressing any claims of you or any third party relating to the Applications or your possession and/or use of those Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar law.

§  In the event of any third party claim that the Applications or the end-user’s possession and use of those Applications infringes that third party’s intellectual property rights, as between Bombayspice’s BSpoints and Provider, Bombay Spice , not Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

§  You represent and warrant that (i) you are not located in a country that is subject to a Federal Government embargo, or that has been designated by the Federal Government as a “terrorist supporting” country; and (ii) you are not listed on any FEDERALGovernment list of prohibited or restricted parties, including the Office of Foreign Assets Control’s Specially Designated Nationals List; and (iii) you will comply with FEDERALexport control laws in connection with your use of the Service.

§  If you have any questions, complaints or claims with respect to the Applications, they should be directed to Bombayspice’s BSpoints as follows: [email protected]

3918 Gordon Rd, Regina, SK S4S 6Y3

§  BombaySpices’s BSpoints and you acknowledge and agree that Provider, and Provider’s subsidiaries, are third party beneficiaries of these Terms with respect to the Applications made available through Provider, and that, upon your acceptance of the terms and conditions of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Applications as a third party beneficiary thereof.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including Rewards Provider websites). Bombayspice’s BSpoints has no control over such sites and resources, and Bombayspice’s BSpoints is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Bombayspice’s BSpoints shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Rewards Providers) while using the Service are between you and the third party, and you agree that Bombayspice’s BSpoints is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release

You agree to release, indemnify and hold Bombayspice’s BSpoints and its affiliates and their officers, employees, directors and agents harmless from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOMBAYSPICE’S BSPOINTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BOMBAYSPICE’S BSPOINTS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOMBAY SPICE , ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOMBAYSPICE’S BSPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL BOMBAY SPICE ’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BOMBAYSPICE’S BSPOINTS IN THE LAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Arbitration and Class Waiver

Any dispute or claim relating in any way to your use of the Service, other than a court action to enjoin infringement or other misuse of intellectual property rights, (“Covered Disputes”) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

This arbitration and class waiver agreement not only applies to Covered Disputes between you and Bombay Spice , but also to Covered Disputes between you and Reward Providers, other merchants who participate in Bombayspice’s BSpoints loyalty programs, or vendors who perform services for Bombay Spice .

Choice of Law

Except as provided above in the Arbitration and Class Waiver section, these Terms will be governed by the laws of Saskatchewan without regard to choice of law principles. This choice of law provision is only intended to specify the use of Saskatchewan law to interpret this Agreement and does not create any other substantive right to non-Saskatchewanns to assert claims under Saskatchewan law whether by statute, common law, or otherwise.
Termination

You agree that Bombay Spice , in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if Bombayspice’s BSpoints believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of the Service and may be referred to appropriate law enforcement authorities. Bombayspice’s BSpoints may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Bombayspice’s BSpoints may immediately deactivate or delete your account and all of your related Rewards. Further, you agree that Bombayspice’s BSpoints shall not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service (or any third-party service with which the Service is integrated), and Bombayspice’s BSpoints will have no liability or responsibility with respect thereto. Bombayspice’s BSpoints reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service (or any third-party service with which the Service is integrated). In addition, without limiting the foregoing, Bombayspice’s BSpoints will have no liability or responsibility for any acts or omissions of Rewards Providers with respect to their use of any of your information or your interactions with them.

General

These Terms and the Privacy Policy constitute the entire agreement between you and Bombayspice’s BSpoints and govern your use of the Service, superseding any prior agreements between you and Bombayspice’s BSpoints with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Bombayspice’s BSpoints to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Bombayspice’s BSpoints nevertheless agree that the court should endeavor to give effect to Bombay Spice ’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.