Terms and Conditions

augmigo, ("augmigo") provides its website located at (the "Site") and its related services that provides users with a single, universal loyalty card on which you can participate in brand owners' loyalty programs directly (such services and the Site, collectively, the "Service(s)"), subject to the following Terms of Use (as amended from time to time, these "Terms of Use"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at /privacy-policy. All such terms are hereby incorporated by reference into these Terms of Use.

The Service

Your Registration Obligations:

You are required to register with augmigo in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy including the information that will remain private and the information that will be available to participating brand owners. If you are under 18 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to :

    1. immediately notify augmigo of any unauthorized use of your password or account or any other breach of security
    2. ensure that you exit from your account at the end of each session when accessing the Service

augmigo will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:

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

Rewards:

All Rewards made available in connection with the Service are made available directly by the relevant brand owner providing such Reward ("Rewards Provider") (not augmigo itself) and are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not augmigo, is the provider of the Rewards and is solely responsible for redeeming any Rewards you obtain. augmigo will have no liability if a Rewards Provider refuses or fails to honor any Reward.

Third Party Services:

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

Conditions of Use

User Conduct:

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

Commercial Use by Consumers:

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

Intellectual Property Rights

Service Content, Software and Trademarks:

You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by augmigo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, if any. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or related to the Service is the property of augmigo, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by augmigo. The augmigo and augmigo name and logo are trademarks and service marks of augmigo (collectively the "augmigo Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to augmigo. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of augmigo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of augmigo Trademarks will inure to our exclusive benefit.

Third Party Material:

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

User Content Posted on the Site or the Service:

You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as an end user or otherwise (collectively, "User Content"), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant augmigo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to augmigo are non-confidential and augmigo shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints:

If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send augmigo a notice requesting that the Content be removed, or access to it blocked. Notices and counter notices with respect to the Service should be sent to augmigo at:

By Mail: Copyright Agent augmigo
By Email: support [at] augmigo [dot] com

Third Party Websites

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

Indemnity and Release

You agree to release, indemnify and hold augmigo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUGMIGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AUGMIGO MAKES NO WARRANTY THAT:

    1. THE SERVICE WILL MEET YOUR REQUIREMENTS
    2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUGMIGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUGMIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:

    1. THE USE OR THE INABILITY TO USE THE SERVICE
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
    4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

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

User Disputes

You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service, and augmigo will have no liability or responsibility with respect thereto. augmigo reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service.

General

These Terms of Use constitute the entire agreement between you and augmigo and govern your use of the Service, superseding any prior agreements between you and augmigo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and augmigo agree to submit to the personal and exclusive jurisdiction of the state and federal courts. The failure of augmigo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

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

Governing Law

By accessing this website and its contents, you agree that Malaysia law shall govern such access and you agree to submit to the non-exclusive jurisdiction of the Malaysia courts. You agree that augmigo's records and any records of communications, instructions made, performed, processed or effected through this website by either party, whether stored in electronic or printed form, shall be binding and conclusive evidence of such communications or instructions. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system.

Questions? Concerns? Suggestions?

Please contact us to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Service.