The following policies (collectively, the “Points Policy”) describe the supplemental terms and conditions that apply to the distribution and use of Fufild points (collectively “Points”). This Points Policy supplements our Terms of Service (for users) or Subscription Agreement (for employers) for the Fufild mobile application (the “App”) and Fufild platform (the “Platform”). You represent that you have read, understood, and agree to this Points Policy together with any and all rules, policies, and guidelines set forth in our Privacy Policy and Terms of Service (for users) or Subscription Agreement (for employers) (collectively the “Agreement”). This Agreement is between you and Fufild, Inc. (“Company”, “we”, “us”, and “our”). Company reserves the right to change this Points Policy from time to time in its discretion.
1. Purchase. Points may be purchased by employers exclusively through the Platform. The prices for Points will be determined by Company in its sole discretion and may vary by subscription type, quantity purchased, or other factors. A registered account is required to purchase Points. Points are nonrefundable. Points have no cash value and may not be redeemed for cash.
2. Allocation. You are solely responsible for the allocation of Points among your employees. Points must be allocated by you within the Platform. Upon termination of employment of one of your employee users, such user’s Points balance will remain active in their account for 90 days and may continue to be redeemed for eligible purchases. After 90 days, any Points balance will return to your employer account and may be reallocated to other employee users.
3. No Resale. Points may not be resold under penalty of law. Unlawful resale or attempted resale is grounds for seizure and cancellation of the Points without compensation.
1. Receiving Points.
You may receive Points as determined solely in your employer’s discretion. We do not allocate points and cannot guarantee you will receive any Points. In some cases, your employer may require you to complete a brief survey in order to receive Points.
2. No Expiration or Fees.
Points do not expire. No penalties for inactivity or service fees apply. See “Change in Employment” for the effect of a change in your employment status on your Points balance.
3. Redemption of Points.
Points are only valid and may only be redeemed for purchases through participating third-party providers via the App. You must have an account on the App in order to receive or redeem Points. Points have no cash value and may not be redeemed for cash. Points may not be used to redeem more Points. Points are also not redeemable for a check or credit, nor can they be applied as payment to any credit or other account. Points may only be redeemed for purchases for which you have the sufficient balance of Points.
4. Change in Employment.
(a) Account. Your use of the App is a benefit of your then-current employer. If you are employed by more than one Fufild employer, you must register for separate accounts for each employer. POINTS CANNOT BE COMBINED OR TRANSFERRED BETWEEN THESE ACCOUNTS. When your employment is terminated by you or your employer, your account will continue to exist unless terminated pursuant to our Terms of Service, but you will not become eligible to receive any additional Points until your account is associated with a new employer who offers Fufild as a benefit of employment.
(b) Points. Upon termination of employment, your Points balance will remain for 90 days and may continue to be redeemed for eligible purchases. After 90 days, any Points balance will return to your employer. POINTS WILL NOT REMAIN IN YOUR ACCOUNT INDEFINITELY AND WILL NOT BE TRANSFERRED TO YOUR NEW EMPLOYER.
(c) Purchases. Upon termination of your employment, any subscription purchases will remain active through the duration for you conducted a prior Points redemption. In order to continue such subscriptions after the duration for which you redeemed Points, you must separately renew each subscription directly with the provider using a payment method approved by such provider. You must renew each subscription prior to its expiration or such provider may suspend or terminate your access to its service in accordance with its terms of use.
5. Lost or Stolen Points.
Company is not responsible for any Points used without your permission or authorization or for any lost or stolen Points. The risk of loss to the Points pass upon electronic transmission to the recipient.
1. No Resale.
Points may not be resold under penalty of law. Unlawful resale or attempted resale is grounds for seizure and cancellation of the Points without compensation.
2. No Warranties.
IN ADDITION TO THE DISCLAIMERS AND WAIVERS SET FORTH IN THE TERMS OF SERVICE, FUFILD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO POINTS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY POINTS CANNOT BE REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH POINTS BALANCE TO YOUR ACCOUNT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FUFILD’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS POINTS POLICY (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $500. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
4. Choice of Law.
This Agreement shall be construed and enforced with the laws of the state of Tennessee (other than its conflicts of law provisions), and venue for any dispute shall be exclusively in the federal or state courts sitting in Tennessee.
