Terms & Conditions

The bCODE service (“the Service”) is owned and operated by bCODE Pty Ltd (“bCODE”). bCODE reserves the right to change the Terms of Use. The most current version will be accessible through www.bcode.com/terms

By texting in and receiving a promotion through one of our third party partners, using or signing up for the Service, including receiving promotions through our partners, you are agreeing to sign up for the Service, these Terms of Use and to receiving promotions from our partners on your mobile phone, email, or other means. In addition to signing up and agreeing via your cell phone, you may also sign up and agree to these terms through our website or through one of our partners web sites. By signing up to the Service you agree to recieve further promotions from that partner. By default, no more than twelve text messages will be sent to you per week. You can change this default by emailing info@bcode.com.

Fees

Standard third party wireless carrier text messaging fees apply. Please consult your wireless carrier for applicable text messaging fees. These fees will billed by your wireless carrier and not by bCODE. Under no circumstances will bCODE be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service. Message and data rates may apply.

Privacy

bCODE respects and protects your privacy. Please see our Privacy Policy for more information.

Supported Carriers

The following list of carriers is supported by the bCODE service: Alltel, AT&T, Boost Mobile, Nextel, nTelos, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile.

Support Issues, Canceling or Unsubscribing

You may opt out of the Service at any time by texting ‘STOP‘, ‘END’, ‘QUIT’, ‘CANCEL, or ‘UNSUBSCRIBE’ to 22633. Alternatively, you can send an email to support@bcode.com with word UNSUBSCRIBE and your mobile phone number as the subject line. For help or other support issues, you can send an email to support@bcode.com, text ‘HELP’ to 22633 from your mobile phone, or call the following phone number: 1-877-806-3596.

Ownership; Trademarks; Modifications to Offers

You agree that bCODE or its partners will own all legal right, title and interest in and to the Services and any offers made through the Services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the Service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which max be affixed to the Services or offers made through the Services. Except as may be expressly authorized by a partner, you agree that you will not use any trademark, service mark, tradename, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.

Third Party Offers

The Service provides offers from third party partners. These offers can be redeemed through the participating partner. bCODE is not responsible for the content and redemption policies of these offers. Please contact the appropriate partner if you have any questions concerning the offer, its presentation, or its redemption terms.

Termination

bCODE reserves the right, at our sole discretion, to terminate your subscription at any time without notice without future obligation.

Disclaimer of Warranties

bCODE makes no warranties, express or implied regarding the Service. The Service is provided “as is” and on an “as available” basis, and bCODE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of bCODE, including without limitation, the speed of the mobile carrier networks and the Internet, may affect the performance of the service. bCODE is not responsible for any acts that are beyond the control of bCODE, including without limitation the acts of third parties.

Limitation of Liability

Under no circumstances will bCODE, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the Service, including without limitation any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the bCODE parties will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will the bCODE parties be liable for any damages or liability arising under these terms of use or your use of the service that exceed US$500.

Indemnity

You agree to indemnify and hold each bCODE Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.

Governing Law; Venue

This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of New South Wales, Australia, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.