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Zip Co US Inc. User Incentive Program Terms and Conditions

Zip Co US Inc. (“we”, “Zip” or “Company”), may at times offer users in the United States (“you”) opportunities (“Offers”) to earn user incentives (“Rewards”) via a bonus program (“Program”) offered on our mobile application or the web site located at https://www.zip.co/us (in either case, the “Platform”).

1. Binding Agreement.

By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. Offers are subject to these Terms unless they expressly refer to another set of governing terms. By participating in the Rewards and Program offered by the Company, you acknowledge to have read the Company’s Customer Agreement, the Terms of Use for any and all of the Company’s products and services Terms of Use, if applicable, and accept their terms in full.  All of the Company’s decisions are final and binding.  These Terms incorporate by reference and are subject to the Company’s Customer Agreement available at https://zip.co/us/quadpay-terms-of-service (Capitalized terms not otherwise defined shall have the meanings set forth in the Customer Agreement.)

2. Privacy. 

The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available for your review at https://www.zip.co/us/privacy-policy.

3. Eligibility.

If you are under the age of legal majority in your state, you may not use or access the Platform. Children under 13 years old are prohibited from accessing the Platform or otherwise providing any personal information to Zip. Zip’s products are not marketed nor designed for children, and Zip disclaims any and all liability for any children that may be exposed to our Services, Offers, Rewards  or Program by a responsible adult or legal guardian. Specific Offers may be made available under the Program to individual users, in which case such Offers are personal and non-transferrable. Other Offers made available under the Program may be available generally to classes of users or to all users, as indicated in the Offers themselves. Zip reserves the right to determine the eligibility of any user or class of users for each Program, using its sole discretion.

4. How the Program Works Generally.

You may earn a Reward under the Program by clicking through the invitation link provided by Zip, if any, and completing the required actions detailed in the Offer.  For any given Offer, you may earn the related Reward only once, unless otherwise expressly provided. Any Offer will expire when indicated in the Offer, provided that if no expiration date is provided, the Offer expires 30 days from its issuance. Unless otherwise stated in the Offer, all related order installments must be paid in full and on time under the terms of the Customer Agreement. For “Dollar Off” or other discount Rewards Offers, eligible users will receive the stated percentage or dollar amount as a discount from the total order amount, which may be applied across all installments or just the final installment, as indicated. For “Cash Back” Rewards Offers, eligible users will receive the stated cash back in the form of a discount applied to the final order installment; provided that if the final order installment payment is less than the Reward amount, users will receive an aggregate discount equal to such amount applied over the final two order installments. If a Merchant processes a refund (full or partial) of a transaction made by you, such that the net amount of the transaction after such refund will be less than the minimum amount specified in the applicable Offer for such Merchant (if any), you will not be eligible to earn any Reward for such transaction, and any previously earned Reward will be forfeited. Rewards may take other forms such as multi-transaction discounts, in which case the specifics of that Offer will describe the particular Reward being offered.

5. Specific Terms for the Zip App Rewards Balance Program.

If invited to participate in the Zip App Rewards Balance Program, your use of this Program is also subject to this paragraph. Offers under this Program will be identified to you as such, and the details of such Offers (amounts, eligibility requirements, transaction qualifications, etc.) may vary. All Offers under this Program award account credits as Rewards, and these Rewards may vary by specific Offer; however, all such Rewards expire 60 days after the qualifying transaction (“Qualifying Transaction”) from which they are earned, unless otherwise expressly stated. Reward amount will be calculated based on the final order total of the Qualifying Transaction (not including installment fees). Rewards may only be applied against future Zip Purchases via the Zip App (“Redemption Transactions”), and no Rewards may be redeemed for cash. Any redemption of Rewards will apply the entire available Rewards balance against the last three installments of the Redemption Transaction, unless the available Rewards balance exceeds the total amount of such installments, in which case, Rewards will be redeemed from the oldest first. Redeemed Rewards are applied against the final installment amount first, then the third, etc. If a user receives a refund with respect to a Qualifying Transaction, this will result in earned Rewards being reduced or cancelled, and in the event such Reward has already been redeemed, the user’s other Rewards will be applied in its place; if the user has insufficient Rewards balance, the user’s Rewards balance may become negative. Maintaining a negative Rewards balance may result in removal from the Program.  If a user receives a refund with respect to a Redemption Transaction in excess of the cash amount paid or payable for such transaction, this will result in applied Rewards being restored to the user’s Rewards Balance account, but without any extension of expiration dates. Program may be discontinued at any time.

6. Promotion Modalities.

Each Program and the applicable Rewards will be subject to the specific restrictions applicable to the promotional event. Zip will determine the modality of each promotional event under its own discretion, but reserves the right to modify it at any time. These restrictions may include, but not be limited to: - Limited stock of the Rewards, which will not give users any rights to obtain any Rewards once the set quantities have been given out to the qualified users. - Limited time availability, which will set a time period during which the Program will be available, and after which users will not be able to obtain any Rewards. - Limited quantities per user, which will allow users to obtain a set number of Rewards only, and any attempt to obtain a surplus of Rewards over the set number will be a breach of the Terms. - Action dependent promotions, which may require users to take some actions to qualify for the Rewards offered. These actions may include but are not limited to social media postings, specific item or specific amount purchases, social media participations, among others.

7. Restrictions.

Users cannot refer themselves or create multiple, fictitious or fake accounts with the Company in order to accept an Offer multiple times.   You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, malicious, in bad faith or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of Offers or personal links on any website or social media platform, or any other wrongful uses of Zip products and services  that may breach its Terms of Use.  If we believe that a link or Offer associated with your account was used in such a manner, we have the right to revoke all Rewards granted to you and/or remove you from our Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

8. Neither Redeemable Nor Transferable.

Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash.  They are not transferable and may not be auctioned, traded, bartered or sold. Zip reserves the right to make null and void any Reward that is being transferred to a third-party in violation of these Terms. Zip will not be liable for any attempt to redeem a Reward that has been obtained through a third-party, whether gratuitously or for monetary gain.

9. Liability.

YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY ZIP, OR THE COST OF SUBSTITUTE SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ZIP PLATFORM OR ZIP SERVICES, EVEN IF  ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Zip and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Losses incurred in connection with (i) your use or inability to use the Zip Platform or Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your account to the Zip Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Losses resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Zip reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Zip.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE FIFTY DOLLARS ($50).

10. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE ZIP PLATFORM MAY BE SUBJECT TO CHANGE, FURTHER DEVELOPED AND IMPROVED, AND THEREFORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ZIP PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ZIP PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ZIP PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

11. Taxes.

If you receive a Reward under the Program, you are responsible for all applicable taxes and fees resulting from it, if any apply.

12. Severability.

If any provision in these Terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions.

13. Right to Cancel, Modify or Terminate.

We reserve the right to cancel, modify or terminate these Terms or the Program at any time for any reason in our sole discretion. We reserve the right to disqualify any user at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms, or the Terms of Use of any of Zip’s products and services.

14. Amazon Disclaimer.  

This section applies to any promotion involving gift cards or promo codes issued by Amazon.com. Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com eGift Cards (“GCs.“) cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. By pursuing the Rewards related to GCs you acknowledge and accept to have read the terms and conditions as published on the product’s website. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, LLC, a Washington limited liability company. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.

Last Updated: 15 April 2022