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CATCH
TERMS OF SERVICE
Last Modified: Mar. 13, 2024
Welcome to the website and/or online service of Catch Inc. (“Catch,” “we,” or “us”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Service. You also understand and acknowledge that your personal information will be collected, used, and otherwise processed in accordance with our Privacy Notice. Catch reserves the right to modify the terms of this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 13.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND CATCH, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Our Service
1.1 Our Service
Subject to the terms of this Agreement, and as part of our Service, we may provide to you certain payment services to facilitate payment, including, without limitation, by Automated Clearing House or debit card, to Merchants through Merchant’s websites. As part of such payment services, all funds transfer services are provided by a U.S. state or federally-chartered bank (“Bank”), as Catch does not receive, hold, or transmit funds. A “Merchant” means a merchant that has been authorized by us to accept the Service as a method to facilitate payment for purchases of goods and services, subject to the terms of this Agreement.
1.2 Eligibility
This is a contract between you and Catch. You must read and agree to the terms and conditions of this Agreement before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Catch and have a U.S. mobile phone number and U.S. state or federally-chartered bank account, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Unless otherwise agreed in writing by Catch, the Service is not available to any Users previously removed from the Service by Catch.
1.3 User Verification
In determining whether you may use the Service with Merchants, we reserve the right to verify the required identifying information you provide to us (including, without limitation, your mobile phone number, bank account information, name, and email address). If we are not able to link your bank account at the time of your initial purchase on the Service, you may be offered the option to pay for such purchase using your credit card or debit card. If applicable, you hereby authorize us to make and then promptly reverse a nominal deposit to your Payment Method (as defined below) solely for purposes of verifying your Payment Method.
1.4 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s User Account without permission, nor create multiple User Accounts for illegitimate purposes, as determined by us, in our sole discretion. When creating your User Account, you must provide accurate and complete information, such as your mobile phone number, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account secure. You must notify Catch immediately of any breach of security or unauthorized use of your User Account. Catch will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your My Account page. By providing Catch your email address you consent to our using the email address to send you Service-related notices and agree to our Electronic Communication and E-Sign Agreement, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.5 Payments
To use the Service to make any purchase at a Merchant, you must have a linked Payment Method. You may link or unlink your payment method, which may include a U.S. state or federally-chartered bank account or debit card (“Payment Method”) to your User Account. A Payment Method does not include the Catch Card. Subject to the terms of this Agreement, you may use the Services to facilitate purchases of goods or services from Merchants through one of the following methods:
(a) Payments via Payment Method
Subject to the terms of this Agreement and our approval, you may make a purchase from a Merchant by instructing Payment Provider to debit your Payment Method to pay Merchant fors uch purchase. If you elect to make a purchase at a Merchant using the Payment Method (and not the Catch Card), you authorize Bank, us and/or our payment service provider (individually and collectively, as applicable, the “Payment Provider”) to make a payment toMerchant using funds debited from your Payment Method, and you hereby authorize your Bank to initiate an electronic transfer from your Payment Method in the amount you specify, if applicable. You are solely responsible for complying with any and all terms set by your financial institution with respect to your Payment Method, including without limitation any fee terms, such as insufficient fund or overdraft fees. You further acknowledge that payments made from your Payment Method via normal Automated Clearing House are subject to clearing times, and Merchants may wait until they have received your funds before fulfilling your purchases. To the extent we accept or process funds on behalf of Merchant in connection with a purchase you make from the Merchant using the Service, you understand that we are acting as the payment collection agent of Merchant, and that upon our receipt of funds from you for such purchase, your obligation to the Merchant ceases with respect to the amount of funds we receive from you. In the event that we do not remit any such amounts to Merchant, Merchant will have recourse only against us and not you.
(b) Payments Using The Catch Card
Subject to the terms herein, we may provide you with access to a Catch payment card (the “Catch Card”) as an authorized user to facilitate the funding of your purchase of goods or services from Merchants, as approved by Catch (a “Card Transactions”). The Catch Card is issued by Bangor Savings Bank (“Bangor”), and Catch is the accountholder of the Catch Card.
When you use the Catch Card, you are using the Catch Card provided by Catch. There is no contractual relationship between you and Bangor. Your Catch Card must be activated prior to use. Catch will provide activation instructions to you as part of your receipt of the Catch Card. Catch or Bangor may apply limits to the Catch Card, such as spend limits or limits on merchant categories. You are responsible for securing your Catch Cards, account numbers and card security features (including the CVV and PIN). For all information that we collect about you in connection with you seeking to obtain a financial product or service for personal, family or household purposes, Bangor’s consumer privacy notice applies. The Catch Card remains the property of Bangor and must be returned upon request. We may cancel, revoke, repossess or restrict the use of the Catch Card at anytime.
You may use the Catch Card only for transactions at Merchants and only in compliance with the terms of this Agreement. The total dollar amount of each Card Transaction is the “Purchase Price.” The maximum Purchase Price for a Card Transaction is $1,000 . You may engage in multiple Card Transactions; provided, however, you must ensure the value of all outstanding Card Transactions never exceeds your available funds in your Payment Method at that time.
Before making any Card Transaction, you must consent to Payment Provider debiting your Payment Method for each Card Transaction. For each Card Transaction, you authorize Payment Provider to initiate a one-time debit against your Payment Method for the amount of the Purchase Price (including any subsequent modification to the Purchase Price). You hereby authorize Payment Provider to initiate a single debit for the combined amounts of all Card Transactions in a day (e.g., initiate a single debit in respect of all Card Transactions initiated in a day) or to initiate individual debits for each Card Transaction. You acknowledge that the amount of each debit you authorize to be made from your Payment Method on each day may vary from the amount of the previous debit based on your Card Transactions. All debits will be between $0 and the aggregate Purchase Price for all Card Transactions in the day (the “Range”). You have the right to receive notice of any debit that varies in amount from the previous debit, but agree that you will only receive notice where such payment falls outside of the Range. You acknowledge that you may view your Card Transactions at any time through the Service.
In addition to any other restrictions set forth in this Agreement, you cannot use the Catch Card (1) to make cash withdrawals from any ATM, bank, or Merchant location; (2) to transfer money to any person, bank account, or payment account; (3) to pay “post secondary educational expenses” as defined in Regulation Z, 12 C.F.R. § 1026.46 (b)(3),(4) to access any loan or credit product or for any home purchase or refinance,(5) for the purpose of buying or carrying margin securities, (6) for purchase or investment in cryptocurrency, (7) for purchase or investment in securities such as stocks, mutual funds, etc., (8) for business purposes, (9) for gambling, (10) to fund any illegal activity, or (9) to enter into any other transactions which we may prohibit. All transactions are subject to our approval. We may further restrict your use of the Catch Card, in our discretion, subject to applicable law. There may be additional retailer-specific restrictions that we may impose, which may result in your use of the Catch Card being denied. We retain all rights in respect of the Catch Card, and you have no rights in respect of the Catch Card, other than as expressly set forth herein.
If you use the Catch Card within a digital wallet or other virtual card management service managed or owned by a third-party (“Digital Wallet”) (including, but not limited to, placing your mobile device near a point-of-sale terminal equipped with contactless payment technology while the Catch Card selected), you agree to the following terms:
(i) Your use of your Catch Card in connection with the Digital Wallet is subject to the terms and conditions of this Agreement and the terms and conditions set forth by the third party Digital Wallet provider or another third party supporting the Digital Wallet or Digital Wallet provider (collectively, the “Digital Wallet Provider”). By using your Catch Card in connection with a Digital Wallet, you agree you will comply with the terms of this Agreement and any agreement with the applicable Digital Wallet Provider. If you do not agree to the terms of this Agreement, you may not add your Catch Card to, or use your Catch Card in connection with, a Digital Wallet. All transactions initiated by you using the Catch Card or Digital Wallet must comply with the terms of this Agreement.
(ii) A Digital Wallet may be available to you for the purpose of purchasing goods and services or for other transactions where the Digital Wallet is accepted. A Digital Wallet may not be accepted at all places where your Catch Card is accepted, and your Catch Card in a Digital Wallet may not be eligible to be used for all the features and functionalities of that Digital Wallet. We reserve the right to restrict your use of your Catch Card within the Digital Wallet.
(iii) Digital Wallet Provider Relationship. A Digital Wallet is offered exclusively by your Digital Wallet Provider (e.g., Apple, Google, Samsung) and can only be used with eligible and supported devices determined by your Digital Wallet Provider (the “Supported Devices”). You understand and acknowledge that we do not own, control or operate your Digital Wallet. We are not responsible or liable for any service provided to you by your Digital Wallet Provider or any third party that supports your Digital Wallet or your Digital Wallet Provider or for any failure of or performance of your Digital Wallet or your Digital Wallet Provider’s products or services. Your Digital Wallet Providers have their own terms and conditions that you must comply with when you access or use the Digital Wallet Provider’s Digital Wallet.
(iv) We are not responsible, and do not provide support or assistance, for any Digital Wallet or Digital Wallet Provider’s software, systems, products or services (including any Digital Wallet or Supported Device), including (a) providing Digital Wallet services to you; (b) any failure of the Digital Wallet or any Supported Device; (c) your inability to use, or the unavailability of, the Digital Wallet to make a payment in connection with any transaction; (d) the performance or nonperformance of the Digital Wallet or Digital Wallet Provider; or (e) any loss, injury or inconvenience that you sustain as a result of matters addressed subparts (a) through (d) of this provision. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of a Digital Wallet, Digital Wallet Provider's or any third party's products or services. If you have questions concerning the use of a Digital Wallet or the operation of a Supported Device equipped with the Digital Wallet, such questions should be directed to the Digital Wallet Provider.
(v) Before you are able to use your Catch Card in a Digital Wallet, you must first add your Catch Card to a Digital Wallet. To add your Catch Card to a Digital Wallet, you must first register your Catch Card with that Digital Wallet by linking your Catch Card to that Digital Wallet. By doing this, you agree that certain of your account information for the Catch Card will be transmitted and stored according to the Digital Wallet and payment card network procedures for the Supported Device and you authorize and allow us to share your information with the Digital Wallet Provider and payment card networks. You will be required to complete this process for each Digital Wallet and for the Catch Card. We may require you to take additional steps to authenticate yourself before your Catch Card is added to a Digital Wallet.
(vi) If your physical plastic Catch Card is lost or stolen and your Supported Device is not lost or stolen, you may be required to add the new physical plastic Catch Card to a Digital Wallet. If your Supported Device is lost or stolen, you will need to add your Catch Card to a Digital Wallet on a new Supported Device. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Supported Device or the Digital Wallet. You are responsible for the Supported Device, including its selection, and for all issues relating to the operation, performance and costs associated with such Supported Device. You authorize your wireless operator and/or Catch to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, account activation date and device make and model, where provided, in accordance with your mobile operator's or our privacy policy, to allow verification of your identity and for fraud prevention purposes.
(vii) By adding your Catch Card to a Digital Wallet, you create a virtual or digital version of your Catch Card to enable you to make payments utilizing the Catch Card at any merchant that accepts the Digital Wallet and the Catch Card. You agree that the virtual or digital representation of your Catch Card in a Digital Wallet may, in our sole discretion, be automatically updated or upgraded without notice to you. We reserve the right for any reason to discontinue your use of your Catch Card in participation with any Digital Wallet at any time.
(viii) You are required to have a Supported Device in order to use your Catch Card in a Digital Wallet. Your Digital Wallet Provider, in its sole discretion, determines which mobile device is a Supported Device that is eligible to be used with a Digital Wallet under this Agreement. Any mobile device which is unlocked in an unauthorized fashion (“jailbroken”) or otherwise altered or modified are not Supported Devices under this Agreement and are therefore not eligible to be used with any Digital Wallet under this Agreement. You acknowledge that use of any ineligible, non-supported mobile device with any Digital Wallet is expressly prohibited, constitutes a breach of the terms and conditions of this Agreement and is cause for us to temporarily suspend, permanently terminate or otherwise restrict or deny your further access to, attempted use of or use of your Catch Card in any Digital Wallet. We will not be liable to you (or any third party or otherwise) for such suspension, restriction or termination.
(ix) The Digital Wallet may display transaction history on your Supported Device. The transaction history does not reflect any post-authorization activities (e.g., settlement, foreign currency exchange, chargebacks, etc.). The details for your transaction history in connection with that Digital Wallet may not match the actual transaction details, including the amount that ultimately clears, settles and posts to your Catch Card.
(x) We do not charge you any fees to add the Catch Card to a Digital Wallet or to use the Catch Card through a Digital Wallet. However, Digital Wallet Providers and/or other third parties, such as your wireless carrier or data service providers, may charge you fees in connection with your use of a Digital Wallet. You agree to be solely responsible for all such fees and agree to comply with any limitations and restrictions relating to a Digital Wallet and/or your Supported Device. Each Digital Wallet provider, your wireless carrier and other third-party websites or services that support the Digital Wallet have their own terms and conditions and privacy policies, and you are subject to those agreements when you give them your personal information, use their services or visit their respective sites. Merchants may present to you certain discounts, rebates or other benefits in a Digital Wallet (the "Promotions"). Promotions are subject to separate terms and conditions and are subject to change at any time and without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant relating to Promotions. We do not endorse or warrant the merchants that are accessible through a Digital Wallet or the Promotions that they provide.
(xi) Compromised Supported Device. In addition to the security procedures described elsewhere in this Agreement, you are solely responsible for maintaining the confidentiality of your Digital Wallet Provider credentials and any other means that you may use to securely access your Digital Wallet ory our Supported Device. If another person's biometric identifier is loaded onto a Supported Device, you must take immediate steps to ensure that the biometric identifier is removed from the Supported Device, otherwise any transaction using such Supported Device by a person who you have granted access to will not be an unauthorized transaction for the purposes of determining liability.Similarly, if you provide your user ID, PIN or password necessary to access your Supported Device, you must take immediate steps to change such user ID, PIN or password to ensure no third party has access to or knows such user ID, PIN or password. Otherwise, any transaction using such Supported Device by a person to whom you provide your user ID, PIN or password will not be an unauthorized transaction. If your PIN, biometric authentication or other passcode is compromised or your Catch Card has been used through a Digital Wallet without your permission, or you have a Supported Device and it has been lost or stolen, you must notify us immediately. If you fail to notify us without delay, you maybe liable for part or all of the losses in connection with any unauthorized use of your Catch Card in connection with that Digital Wallet. You should notify us by calling the number on the back of your Catch Card or through the Service.
(xii) We reserve the right to discontinue offering or supporting the Catch Card with any Digital Wallet. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate the use of your Catch Card with any Digital Wallet at any time without notice and for any reason. You agree that we will not be liable to you if your Digital Wallet Provider or any third-party blocks, cancels or terminates your use of the Catch Card or Digital Wallet services.
(xiii) You may remove your Catch Card from your Digital Wallet at any time by following the instructions in your Digital Wallet. You agree that we may automatically update or upgrade your Catch Card at any time, in our sole discretion and without prior notice, we may expand, reduce, or suspend the type and/or dollar amounts of transactions allowed using your Catch Card with a Digital Wallet.
(xiv) You may only use your Catch Card with a Digital Wallet under the terms and conditions of this Agreement. We reserve all rights not expressly granted to you. You understand and agree that you are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use your Catch Card with the Digital Wallet on a Supported Device solely in accordance with the terms and conditions of this Agreement. The license is limited to use on a Supported Device that you own and control and as permitted by any applicable third-party agreement. Such license does not allow you to use your Catch Card on any device that you do not own or control (or for which you do not have authorization to install or run the Digital Wallet, such as where prohibited by applicable security policies), and you may not distribute or make the Catch Card available over a payment network where it could be used by multiple devices at the same time. We may revoke this limited license. You agree not to use any third-party materials associated with the Catch Card or the Digital Wallet in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third-party intellectual property marks, including the logos of merchants, are the property of their respective owners. We disclaim any representations or warranties related to non-infringement of the Digital Wallet or in connection with your use of the Catch Card with the Digital Wallet. The license granted hereunder is effective until terminated by you or us. Your rights will terminate automatically without notice from us if you fail to comply with these terms or if we terminate the use of your Catch Card or the Digital Wallet. Upon termination of the license, you must cease all use of the Digital Wallet and delete your Catch Card from the Digital Wallet.
(xv) DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DIGITAL WALLET IS BEING PROVIDED TO YOU BY THE APPLICABLE DIGITAL WALLET PROVIDER AND OTHER THIRD PARTIES THAT SUPPORT SUCH DIGITAL WALLET PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE CATCH CARD INA DIGITAL WALLET IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE NEITHER CONTROL NOR ENDORSE, AND ARE NEITHER RESPONSIBLE NOR LIABLE FOR: (A) ANY DIGITAL WALLET OR SERVICES PROVIDED BY ANY DIGITAL WALLET PROVIDER; (B) ANY ACT OR OMISSION OFA DIGITAL WALLET PROVIDER OR ANY PARTY SUPPORTING A DIGITAL WALLET OR ANY MERCHANT; (C) SUPPORTED DEVICES, INCLUDING THEIR OPERATION; OR (D) ANY ACT OR OMISSION OF ANY OTHER THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY,COMPLETENESS, RELIABILITY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS OR SAFETY OF ANY THIRD-PARTY INFORMATION OR DIGITAL WALLET. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED OR PERFORMED BY ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER (INCLUDING ANY THIRD PARTY PROVIDING SUPPORT FOR ANY DIGITAL WALLET OR DIGITAL WALLET PROVIDER) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF DIGITAL WALLET OR SERVICES OF A DIGITAL WALLET PROVIDER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DIGITAL WALLET OR WITH THE DIGITAL WALLET PROVIDER’S SERVICES OR PRODUCTS WILL BE CORRECTED. ACCESS, USE AND MAINTENANCE OF YOUR CATCH CARD IN A DIGITAL WALLET WILL DEPEND ON THE DIGITAL WALLET AND THE PAYMENT CARD NETWORKS AND WIRELESS CARRIERS.WE DO NOT OPERATE OR CONTROL THE DIGITAL WALLET OR SUCH PAYMENT CARD NETWORKS OR WIRELESS CARRIERS. WE WILL NOT BE LIABLE FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF THE CATCH CARD WITH A DIGITAL WALLET OR DIGITAL WALLET SERVICE OR YOUR WIRELESS SERVICE,COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON YOUR WIRELESS COVERAGE, SYSTEM OUTAGES OR INTERRUPTIONS OF YOUR WIRELESS CONNECTION. WE DISCLAIM ANY RESPONSIBILITY FOR ANY DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO ACCESS,USE OR MAINTAIN YOUR CATCH CARD IN ANY DIGITAL WALLET. USE OF YOUR CATCH CARD WITH A DIGITAL WALLET INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD-PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE’S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO ORFROM US OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE,IN OUR SOLE DISCRETION, SELECT. WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE DIGITAL WALLET SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
(xvi) You authorize us to collect, transmit, store, use or share technical, location, login or other information about you and use of the Catch Card through a Digital Wallet with Digital Wallet Providers. You understand, acknowledge and agree that the use and disclosure of any information provided by you directly to a Digital Wallet provider will permit such parties to have access to certain details of your transactions made with your Digital Wallet and such use, accesses and disclosure will be governed by such party's privacy policy and not our privacy policy, and, to the greatest extent permitted by law, we are not liable for the use of your information by any such parties. You understand that the information that is provided to or held by a Digital Wallet Provider in relation to your Catch Card or Digital Wallet is outside of ourcontrol. Any information you provide to a Digital Wallet through your use of your Catch Card with the Digital Wallet or that is accessed or collected by your Digital Wallet Provider is subject to the Digital Wallet Provider’s separate agreement with you, including that party’s privacy policy.
Catch may, at any time, restrict or change payment methods acceptable to Catch. Termination by you or Catch of any payment method or use of the Service will not terminate your obligations to Catch and you will be responsible for making payments owing in respect to any purchase made using the payment method acceptable to us.
In connection with all transactions through theService, you are responsible for both (i) providing accurate, complete, and current information to us and (ii) maintaining sufficient funds in your Payment Method, and you acknowledge and agree that otherwise, we will not be able to provide the Service to you and Merchants will not be able to accept your payments through the Service. You represent and warrant that you are the owner or authorized user of the Payment Method and you have all rights and privileges to authorize transfers from the Payment Method. You agree to pay all charges incurred by all individuals who use your Payment Method in connection with transactions through the Service, at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such transaction.
1.6 Credits
This section describes the terms and conditions that apply to any Merchant Credits and Catch Cash (each as defined below) that you obtain and/or use in connection with the Service. Merchant Credits and Catch Cash are collectively referred to in this Agreement as “Credits”.
Notwithstanding anything to the contrary herein, by participating in Catch’s Credits program or otherwise obtaining and/or using any Credits, you release Catch and all Merchants, their respective advertising and promotion agencies, and the respective parent companies, subsidiaries, affiliates, partners, agents, representatives, successors, assigns, employees, officers, and directors of the foregoing from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to Catch’s Credits program or the use of any Credits.
A Merchant may offer discounts and credits to you from time to time in connection with the Service, which may be used by you to make payments to that Merchant for your purchase of goods or services from that Merchant (“Merchant Credits”). The applicable participating Merchant will be solely and exclusively responsible for honoring any and all Merchant Credits that relate to that Merchant. From time to time, we may, in our sole discretion and on behalf of a Merchant, offer to you discounts and credits to be used as Merchant Credits. You may redeem Merchant Credits only when (i) you make a subsequent purchase from the Merchant that offered and supports the Merchant Credit, (ii) use Catch Service to effect the subsequent purchase, and (iii) complete such purchase in advance of the Merchant Credit’s expiration date as set forth in your User Account. Participating Merchants and offer terms may be changed from time to time without notice; provided that the terms applicable to Merchant Credits that have already been accrued by you will change only if such change is required by applicable law and upon notice. Merchant Credits that you earn will be posted to your User Account based on the information we receive from participating Merchants. Merchant Credits may be subject to restrictions, conditions or limitations as may be described in your User Account or otherwise communicated by Catch from time to time.
Merchant Credits are not owned by you, and you have no rights to any Merchant Credits until they are redeemed at a particular Merchant. Merchant Credits have no monetary value and if the Service is canceled or discontinued, the Merchant Credits immediately expire. You acknowledge and agree that regardless of terminology used, Merchant Credits are also subject to the terms of this Agreement and any additional Merchant terms. You acknowledge that you do not own the User Account you use to access the Service. You agree that, in the event that a Merchant modifies and/or eliminates Merchant Credits, in any general or specific case, Catch will have no liability to you based on any such modification or elimination, and you hereby release Catch from any and all such liability.
Without limiting the generality of the foregoing, you may transfer any Merchant Credits (subject to the foregoing limitations) in your User Account to other individuals (your “Friends”) for their personal, non-commercial use. A Friend must create his or her own User Account and link his or her own Payment Method in order to receive and use such transferred Credits. If your Friend claims such transferred Merchant Credits, you will no longer have rights to use those Merchant Credits. So long as your Friend fails to claim such transferred Merchant Credits, you will continue to have rights to use those Merchant Credits, subject to the terms of this Agreement. You acknowledge and agree that, subject to Section 2, if and after you claim transferred Merchant Credits, you may receive marketing emails from the Merchant providing such Merchant Credits.
From time to time, we may, in our sole discretion, offer you promotional credits which may be used by you to make payments for goods or services purchased from any eligible Merchant (such promotional credits, “Catch Cash”). You may redeem Catch Cash only when you make a purchase from an eligible Merchant using the Catch Service and complete such purchase in advance of the Catch Cash expiration date as set forth in your User Account. Eligible Merchants and offer terms may be changed from time to time without notice; provided that the terms applicable to Catch Cash that have already been accrued by you will change only if such change is required by applicable law and upon notice. Catch Cash may be subject to restrictions, conditions or limitations as may be described in your User Account or otherwise communicated by Catch from time to time.
Catch Cash is non-transferable, not owned by you, and you have no rights to any Catch Cash until it is redeemed at a particular Merchant. Catch Cash is promotional in nature, has no monetary value. If the Service is canceled or discontinued, all Catch Cash immediately expires. You acknowledge and agree that regardless of terminology used, Catch Cash is also subject to the terms of this Agreement and any additional Merchant terms. You agree that Catch Cash may not be eligible for use at all Merchants and that any Catch Cash in your User Account may be modified and/or eliminated for a particular Merchant, in any general or specific case, in Catch’s sole discretion. Catch will have no liability to you based on any such modification or elimination, and you hereby release Catch from any and all such liability.
Without limitation of any additional terms or offers that may apply, you may have the opportunity to earn Catch Cash if you refer Friends to use Catch. In order to receive Catch Cash in connection with a Friend referral, such Friends must (i) create a new User Account via the unique referral link associated with your User Account, (ii) have not previously created a User Account, and (iii) complete and pay in full for one (1) purchase on the Service that meets the then-current Catch referral minimum spend requirement (as may be updated by Catch from time to time in its sole discretion). Subject to the foregoing, and if applicable, we will post Catch Cash that you earn from such referrals to your User Account.
1.7 Refunds and Adjustments
Subject to the terms herein, if you buy something from a Merchant using the Service and the transaction is ultimately canceled or rescinded in whole or in part for any reason, we may either return the applicable amount of funds collected from you with respect to the transaction (such amount to be determined by Catch based on whether the transaction was cancelled or rescinded in whole or in part) to the original Payment Method that was used to fund the applicable transaction (if the original Payment Method is no longer supported, we will you to link a new Payment Method for us to use instead); or require you to handle refunds directly with the Merchant, including obtaining a refund from the Merchant. If a Catch Card was used to make a transaction that is ultimately cancelled or rescinded and no funds for such transaction were collected from your Payment Method, we will not return or refund any funds to you. You hereby authorize us and your Bank to credit that Payment Method to complete any refund transaction. If a different Payment Method is linked to your User Account at the time at which the refund is expected, Catch may require you to unlink such different Payment Method from your User Account and to re-link the original Payment Method to your User Account before processing your refund. If you receive a refund for a qualifying purchase for which you have already received Credits, we reserve the right to remove all related Credits from your User Account, or if such Credits are no longer available in your User Account, to deduct the corresponding amount from the refund to your Payment Method.
We may invalidate and reverse payments through the Service if, among other reasons: (i) we sent the payment in error; (ii) the funding transaction is declined, charged back or reversed by you, your bank, or the applicable Merchant; (iii) the payment was unauthorized or insufficiently funded; (iv) we decided a dispute against you, in our sole discretion; or (v) if the payment was for Restricted Goods or Services. In the event of such invalidation, chargeback, payment dispute or other adjustment, you may be liable to us for the full amount of the payment, and we may recover the amount of the payment plus any fees from you, subject to applicable law. You hereby authorize us to recover any such amounts due by initiating an electronic transfer from your Payment Method or engaging in collection efforts. If you dispute a payment through the Service, you must notify us in writing at help@getcatch.com immediately, and if you fail to do so, we may recover the amount of the reversed payment from you. Upon our receipt of the foregoing notice, we will initiate an investigation into the applicable transaction and, in our sole discretion and subject to your cooperation, we may provide you with a full refund. Notwithstanding anything to the contrary herein, your eligibility for refunds and other adjustments are subject to each Merchant’s terms and conditions.
In the event you initiate a chargeback, payment dispute or other adjustments through your bank, we may notify the Merchant and disclose your personal information to the Merchant in connection with exercising our rights against Merchant and processing or disputing any chargeback, payment dispute or other adjustment. You further authorized Merchant to share any personal information it may have on you in order for us to process or dispute any chargeback, payment dispute or other adjustment.
1.8 Risk of Loss
Catch does not sell products; Merchants do. All products that may be purchased via the Service are transported and delivered to you by a Merchant or independent third party not affiliated with, or controlled by, Catch. Title to and risk of loss for such products passes to you in accordance with your separate agreements with the applicable Merchant. If you have any issue with a product, please reach out to the applicable Merchant directly. We are not responsible for the quality, safety, legality or any other aspects of the goods or services you purchase from others in connection with the Service. If you have a problem with a purchase you made with the Service, or if you have a dispute with the Merchant, we may require you to handle it directly with the Merchant, including obtaining a refund from the Merchant.
1.9 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Catch servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Catch grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personal information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person, misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) any other activities we may notify you of from time to time.
1.10 Restricted Goods and Services and Review and Suspension of Transactions
You will not, without Catch’s prior written consent, use the Service to purchase Restricted Goods or Services, and Catch reserves the right to prohibit the use of the Service to purchase such goods or services. “Restricted Goods or Services” means goods or services which Catch considers, in its sole discretion, to be dangerous, inappropriate for the Service, or high risk, for example, but not in limitation, (i) goods or services that are illegal under applicable law (i.e., goods or services that infringe third-party intellectual property, including without limitation counterfeit goods and pirated content); (ii) inherently dangerous goods, including without limitation illegal drugs or derivatives thereof, cannabidiol products and nutraceuticals, psychoactive substances, equipment to facilitate drug use, weapons, ammunition, explosive materials and fireworks, instructions for making explosives or harmful products, or tobacco products; (iii) pornographic materials; (iv) products that enable dishonest behavior, including without limitation hacking software or instructions, fake documents, and academic cheating products; (v) without limiting the foregoing, any goods or services which are prohibited by law to be sold to customers under 18 years of age; (vi) gift cards; and (vii) any other goods or services designated by Catch, from time to time, as prohibited or restricted.
We may review payments facilitated through the Service in our sole discretion.When we identify a potentially high-risk payment to a Merchant, we reserve the right to suspend and review the transaction more closely before determining whether to allow it to proceed. When this happens, we may suspend or delay processing the transaction request and notify the Merchant to delay or cancel shipping of the item or provision of the service. If, in our sole discretion, we process the transaction request, we will notify the Merchant and direct them to ship the item or provide the service, as applicable, if the item or service is still available. If we do not process the transaction request, we will cancel it and (as applicable) instruct Payment Provider to return the applicable funds to your Payment Method, unless we are legally required to take other action. We assume no responsibility, and disclaim any and all liability, for your inability to obtain the item or service originally transacted for as a direct or indirect consequence of the process described above, and you hereby release Catch, each Merchant, Payment Provider and their respective affiliates, agents, licensors, managers, employees, contractors, agents, officers, and directors of Catch and of each Merchant from any and all such liability.
1.11 Changes to the Service
We may, without prior notice and in our sole discretion, add new services; change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, if we believe, in our sole discretion, that you may not be able to pay for transactions initiated through the Service, if you have not timely made any payments, or for no reason. In the event that we suspend or terminate your User Account for your breach of this Agreement, you acknowledge and agree that you will receive no refund or exchange for any Credits or anything else. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.12 Service Location
The Service is controlled and operated from facilities in the United States. Catch makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
2. Third-Party Links and Information
The Service may contain links to integrate with or otherwise utilize or make available third-party materials and/or services that are not owned or controlled by Catch, including, without limitation, integrations and links to various third party bank account verification providers such as Plaid Inc. (“Plaid”) and Teller, Inc. (“Teller”). By using our Service, you agree to be bound by Plaid’s applicable End User Services Agreement, available at https://plaid.com/legal/#overview, by Teller’s End User Terms of Service, available at https://teller.io/legal#end-user-terms-of-service, and by any other third-party bank account verification provider’s terms of service, as may be disclosed to you from time to time or made available on the applicable third-party bank account verification provider’s website and/or service. Catch does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk, and you understand that this Agreement and Catch’s Privacy Notice do not apply to your use of such sites. You expressly relieve Catch from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings and interactions with third parties found on the Service, including without limitation payment and delivery of goods or services, return and refund of goods or services, customer service, receipt of marketing emails and other communications, and any other terms (such as warranties), are solely between you and such third parties. You agree that Catch shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You are responsible for resolving any and all disputes that you may have with a Merchant. You understand that you must ensure Catch has account viewing rights and verification rights to your Payment Method, which may be facilitated through third-party bank account verification providers. In the event Catch is unable to view information, including available fund balance, related to your Payment Method through any third-party bank account verification provider or your Payment Method link to your User Account no longer is able to collect Payment Method account information, including available fund balance, then you may not be able to initiate any purchase from a Merchant using the Service.
3. Our Proprietary Rights
3.1 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Catch reserves all rights not expressly granted herein in the Service and the Catch Content (as defined below). Catch may terminate this license at any time for any reason or no reason.
3.2 Our Ownership
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the “Catch Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Catch and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Catch Content. Use of the Catch Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
3.3 Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Catch under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Catch does not waive any rights to use similar or related ideas previously known to Catch, or developed by its employees, or obtained from sources other than you.
4. Your Proprietary Rights
By submitting or otherwise making available any data (“User Data”) through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Catch a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, distribute, syndicate, and make derivative works of all such User Data, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Catch’s (and its successors’ and affiliates’) business.
5. Text Messaging and Calls
5.1 Transactional Communications
By providing your phone number, you expressly consent and agree that we may contact you using written, electronic, and/or verbal means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send SMS/text messages to your phone number as necessary to (i) help keep your User Account secure through the use of one-time passcodes, two-factor authentication or other authentication methods; (ii) help you access your User Account; and (iii) as otherwise necessary to service your User Account, complete transactions requested by you, or enforce this Agreement, our policies, or applicable law, or any other agreement we may have with you, even if the provided phone number is registered on any federal or state Do-Not-Call registry (such text messages, collectively, “Transactional Text Messages”). For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.
5.2 Promotional Text Messages
Additionally, we may offer you the chance to enroll to receive recurring SMS/text messages from us about news and alerts and/or marketing and promotional offers for Catch products and services (e.g., cart reminders) (collectively, “Promotional Text Messages”). By enrolling, you agree to receive Promotional Text Messages from us to the phone number for your User Account and that such Promotional Text Messages may be sent using an automatic telephone dialing system. Consent is not required as a condition of purchase.
If you get a new mobile number or change the phone number for your User Account, you will need to re-enroll for Promotional Text Messages with that new number.
5.3 Certification; Acknowledgments; Catch Disclaimer
You certify that any phone number(s) you provide to us are true and accurate and that you are authorized to enroll such phone number(s) to receive calls and/or SMS/text messages as described herein. Message and data rates apply. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
5.4 Text Message Opt-Out and Customer Support
You may opt-out from Promotional Text Messages at any time. To unsubscribe from Promotional Text Messages, text STOP, STOPALL, QUIT, END, CANCEL, or UNSUBSCRIBE to the Catch phone number described in the Catch Help Center or reply STOP, STOPALL, QUIT, END, CANCEL, or UNSUBSCRIBE to any Promotional Text Message you receive from us. You may opt out of Transactional Text Messages by texting STOP to any Transactional Text Message you receive from us.
You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request.
For help or customer support, reply HELP to one of our messages or contact us at help@getcatch.com.
If you have opted-out of Promotional Text Messages, you may resubscribe at any time by texting START, UNSTOP, or YES to one of our texts or the Catch phone number described in the Catch Help Center or by contacting us at help@getcatch.com.
6. Privacy
We care about the privacy of our Users. You understand and acknowledge that Catch will collect, use, share, and otherwise process your personal information as set forth in our Privacy Notice.
7. Security
Catch cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Additional Terms for Mobile Applications
8.1 General. We may make available software to access the Service via a compatible mobile device (such software, a “Mobile App”). To use a Mobile App, you must have a mobile device that is compatible with such Mobile App. We do not warrant that any Mobile App will be compatible with your mobile device. You may use mobile data in connection with a Mobile App and may incur additional charges from your wireless service provider in connection with such Mobile App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the Mobile App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google (as each of those terms is defined below) permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any Mobile App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any Mobile App, except to the extent that such restriction is expressly prohibited by applicable law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Mobile App to any third party, or use any Mobile App to provide time sharing or similar services for any third party; (c) make any copies of any Mobile App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Mobile App, features that prevent or restrict use or copying of any content accessible through any Mobile App, or features that enforce limitations on use of the Mobile App; or (e) delete the copyright or other proprietary rights notices on any Mobile App. You agree that we may, from time to time, issue upgraded versions of Mobile Apps and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into a Mobile App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to any Mobile Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
8.2 iOS App. This Section 8.2 applies to any Mobile App you acquire from the Apple App Store (such Mobile App, the “iOS App”). These Terms are solely between you and Catch, not Apple, Inc. (“Apple”), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Catch as the provider of the iOS App. Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS App, or your possession and use of the iOS App, infringes that third party’s intellectual property rights, Catch, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS App, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to the iOS App against you as a third-party beneficiary thereof.
8.3 Android App. This Section 8.3 applies to any Mobile App you acquire from the Google Play Store (such Mobile App, the “Android App”): (a) these Terms are between you and Catch only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Catch, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) Google is a third-party beneficiary to these Terms as they relate to the Android App.
9. Termination
You may close your User Account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your User Account even after your User Account is closed and for all activities occurring prior to termination. As soon as you close your User Account, you immediately forfeit any and all Credits in your User Account, without refund. You may not close your User Account to evade an investigation or if you have a pending transaction or an open dispute or claim. We may, with or without cause and without notice (unless required by applicable law), terminate your User Account or use of the Service at any time in our sole and absolute discretion. If your User Account is terminated or you request that we delete your personal information (and we honor such request), you shall seek any refund related to goods or services purchased from Merchant in connection with the Service directly from the Merchant, unless we otherwise agree to assist you with the refund.
10. Indemnity
You agree to defend, indemnify and hold harmless Catch and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your mobile phone, authentication pin code, or other appropriate security code.
11. No Warranty
THE SERVICE AND ALL CREDITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE AND/OR CREDITS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CREDITS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATCH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CATCH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON OR THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR CREDITS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE OR CREDITS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, CATCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CATCH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL CATCH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CATCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CATCH HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
13.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
13.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CATCH. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Catch that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Catch, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). This Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new Catch user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Catch at help@getcatch.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at help@getcatch.com and attempt to resolve the dispute with us informally. In the unlikely event that Catch has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or San Francisco County, California, unless you and Catch agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Catch agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Catch from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
13.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND CATCH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER CATCH USERS. YOU AND CATCH FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CATCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
14. General
14.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Catch without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.2 Notification Procedures and Changes to the Agreement. Catch may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Catch in our sole discretion. Catch reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Catch is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Catch may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of this Agreement or any future Terms of Service, do not use or access (or continue to access) the Service.
14.3 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Catch in connection with the Service, shall constitute the entire agreement between you and Catch concerning the Service. Except as otherwise stated in Section 13.2, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14.4 Survival. Any terms of this Agreement that by their nature extend beyond its termination remain in effect until fulfilled. Subject to applicable law, Catch may retain personal information about you, including in order to process any refunds, chargebacks or other transactions or as otherwise determined by applicable law.
14.5 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Catch’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
14.6 California Residents. The provider of services is: Catch Inc., 440 N. Barranca Avenue #5941, Covina, CA 91723, telephone 415-275-2454. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
14.7 Contact. Please contact us at help@getcatch.com with any questions regarding this Agreement.
