- Embee Mobile is an interactive computer service provider that sells wireless products and related goods and services.
- EmbeePay is an interactive computer service that enables customers to manage a prepaid mobile phone account using an online application.
- EmbeePay sells a virtual currency called "Embee Points". Embee Points are prepaid credits of goods and services offered by Embee Mobile.
- Embee Points can be only consumed for products and services that are offered by directly by Embee Mobile and those partners of Embee Mobile who make up the Embee Mobile Network.
- Users can configure EmbeePay to access the User's online mobile account to retrieve Embee Point balances and history, and to execute other functions provided by Embee Mobile.
- Embee Points are not a real-world currency. A purchase of Embee Points is not a deposit. Embee Points have no monetary value and cannot be used or exchanged for value outside of the Embee Mobile Network.
- Embee Mobile is not responsible for content on other sites that may utilize Embee Points.
- Embee Mobile provides its service to you subject to this Terms of Service, which may be updated by us from time to time without notice to you.
- Users must provide valid and truthful information during all stages of membership at Embee Mobile.
- To open an account, Users are asked to provide Embee Mobile with a mobile phone number. Embee Mobile may ask the User to verify the account via short message service, or SMS, by sending the User a personal identification number, or PIN, to enter on Embee Mobile's website.
- Data transmitted by the User is the User's Data. Embee Mobile will not intentionally share User's Data with any third party without the User's permission, except as set forth in these terms.
- Users represent and warrant that by providing or uploading User's Data that the User has all necessary permissions to do so.
- Users further represent and warrant that it will, at all times during the term of this Agreement, comply with all applicable laws, regulations, statutes, ordinances, and the terms and conditions of this Agreement.
A User's account may be disqualified and his or her earnings forfeit in, but not limited to, the following cases:
- He/she violates any of the terms set forth in these Terms of Service,
- He/she posts his or her referral link where it is unwelcome (e.g., "spamming"),
- He/she attempts to exploit any vulnerability on Embee Mobile (e.g., "hacking"),
- He/she is determined by Embee Mobile, in its sole discretion, to be detrimental to the stability of this site or this site's relationship with its advertisers.
- He/she posts instructions for canceling any offer, a walkthrough, or any other type of tutorial or suggestion on a website. This includes but is not limited to: instructions on completing a specific offer, suggesting an offer based solely on its payout, or including cancellation web addresses or telephone numbers.
- He/she provides fake, invalid, or information that does not reflect themselves on an offer. Each user must use his/her VALID information on every offer completed. A user may not create an email address or voicemail box for the sole purpose of completing offers.
- Embee Points are prepaid. User's Embee Points will continue in effect per the terms of the the respective carrier's prepaid minutes unless and until the User cancels his/her account, or Embee Mobile terminates it.
- You may cancel your EmbeePay account at anytime, and cancellation will be effective immediately. Should you elect to cancel your EmbeePay account, the User will not be issued a refund for Embee Points held in the User's account.
- Embee Mobile reserves the right to cancel an account if there is no evidence of activity for over 60 days. If an account has been inactive for over 60 days, the account will be canceled and the User will not be issued a refund for Embee Points held in the User's account.
EmbeePay accounts may not be transferred, exchanged, sold, or otherwise change ownership under any circumstances, except by Embee Mobile.
Embee Mobile reserves the following rights:
- Embee Mobile reserves the right to deny payment for any legitimate reason.
- Embee Mobile reserves the right to disable any account for any reason.
- Embee Mobile reserves the right to modify its catalog of products and services at any time.
- Embee Mobile reserves the right to restrict access to its service for an indefinite period of time for any reason.
- Embee Mobile will report fraudulent activities to the proper authorities.
- Embee Mobile reserves the right to update these terms at any time. Any such update will be posted to this page.
- Embee Mobile reserves the right to terminate this agreement at any time.
Embee Mobile encourages Users to evaluate and test the Site, Content, and Services, and provide Embee Mobile with feedback, comments, and suggestions for improvements ("Feedback"). The User hereby irrevocably grants Embee Mobile a non-exclusive, sublicensable, royalty free, perpetual license to make, use, sell, copy modify, distribute, and perform any and all Feedback provided by the User. The User will not earn or acquire any rights or licenses in the Site, Content, or the Services on account of this Agreement or User's performance under this Agreement.
The Site may contain links to third party websites or resources. The User acknowledges and agrees that Embee Mobile is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Embee Mobile of such websites or resources or the content, products, or services available from such websites or resources. The User acknowledges sole responsibility for and assumes all risk arising from use of any such websites or resources.
EMBEE MOBILE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. THIS DISCLAIMER OF WARRANTY EXTENDS TO USER AND USER'S CUSTOMERS AND IS IN LIEU OF ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS AND SERVICES, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS OTHERWISE EXPRESS SET FORTH IN THIS AGREEMENT, USER UNDERSTANDS AND AGREES THAT EMBEE MOBILE SHALL BEAR NO RISK WITH RESPECT TO USER'S SALES OF ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CREDIT CARD FRAUD OR CHARGEBACKS.
Indemnifcation And Limitation Of Liability
User agrees to defend, indemnify, and hold harmless Embee Mobile, its parent, affiliates, officers, directors, employees and agents, and the successors and assigns of the foregoing, from and against any and all damages, costs, losses and expenses (including reasonable attorneys' fees) and other liability to third parties arising out of User's breach of any terms and conditions contained in this Agreement or User's violation of any law or rights of a third party relating to User's use of EmbeePay.
UNDER NO CIRCUMSTANCES SHALL EMBEE MOBILE, ITS PARENT, AFFILIATES, OR EMPLOYEES BE LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF EMBEE MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR USER'S LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
THE ENTIRE LIABILITY OF EMBEE MOBILE, ITS PARENT, AFFILIATES, OR EMPLOYEES TO USER OR ANY THIRD PARTIES UNDER THIS AGREEMENT, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE ACTUAL OUT OF POCKET DIRECT DAMAGES INCURRED BY USER. IN NO EVENT SHALL EMBEE MOBILE, ITS PARENT, AFFILIATES, OR EMPLOYEES BE LIABLE TO USER IF LOSSES RESULT FROM ANY OF THE FOLLOWING CONDITIONS:
- Use of EmbeePay in a manner that violates applicable laws, regulations, statutes, ordinances, or the terms and conditions of this Agreement
- Losses or delays in transmission of instructions arising out of the use of any Internet access service provider or caused by any browser or other software;
- User's provision of incorrect or incomplete information to Embee Mobile;
- User's payment instructions are not given sufficiently in advance to allow for timely provision of the Embee Mobile Services requested by User;
- Malfunction or inoperability of any equipment or systems of which User knew or had been advised before User started any transmission to Embee Mobile;
- Circumstances beyond Embee Mobile's reasonable control, such as, but not limited to, power outages, fire, flood, mechanical, telecommunications or systems failures, despite reasonable precautions taken by Embee Mobile;
- Interception of payments by legal process or other encumbrances restricting execution of the payment,
- Suspension or termination of the User Account for any reason;
- Embee Mobile's inability to confirm User's identity; or,
- Suspected fraud.
The content and all intellectual property pertaining to the Embee Mobile website and EmbeePay and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Embee Mobile or third parties, and all right, title and interest therein and thereto shall remain the property of Embee Mobile and/or such other third parties. The Embee Mobile website and EmbeePay may be used only for the purposes permitted by this Agreement or described on the Embee Mobile website. User is authorized solely to view and to retain a copy of the pages of the Embee Mobile website for User's own personal use. User may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the Embee Mobile website, EmbeePay, or any portion thereof for any public or commercial use without the express written permission of Embee Mobile. Except as provided in the following section, User agrees not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Embee Mobile website or printed pages thereof. The name Embee Mobile and other names and indicia of ownership of Embee Mobile's products and/or services referenced on this site are the exclusive marks of Embee Mobile. Other products, services, and company names appearing on the site are the trademarks of their respective owners.
This Agreement will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California. The parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in San Francisco County, California, and the parties hereby expressly consent to jurisdiction therein.
This Agreement may not be transferred or assigned by User without the prior written consent of Embee Mobile. Any attempts by User to assign any of its rights or delegate any of its duties hereunder without the prior written consent Embee Mobile shall be null and void.
This EmbeePay Services Agreement and most current version of the Embee Mobile Privacy Statement constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
This Agreement may not be modified or amended, including by custom, usage of trade, or course of dealing, except by an instrument in writing signed by duly authorized employees of both of the parties hereto. The waiver by either party of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself. Embee Mobile reserves the right to amend this Agreement at any time, at its sole and absolute discretion, by posting the amended agreement on the Embee Mobile website, provided that Embee Mobile gives Users notice by e-mail of any such amendments no less than fifteen (15) calendar days from the effective date of such amended agreement. User's use of the EmbeePay on or after the effective date of any such amended agreement shall constitute User's acceptance of the terms and conditions of the amended agreement.
Rights You Grant to Us
By submitting personal information, phone numbers, passwords and other information, materials and other content to Embee Mobile through EmbeePay (the "Service"), you are licensing that content to Embee Mobile solely for the purpose of providing the Service. Embee Mobile may use and store the content, but only to provide the Service to you. By submitting this content to Embee Mobile, you represent that you are entitled to submit it to Embee Mobile for use for this purpose, without any obligation by Embee Mobile to pay any fees or other limitations.
By using the Service, you expressly authorize Embee Mobile to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Import" and "Update" features of the Service, you may be directly connected to the website for the third party you have identified. Embee Mobile will submit information including phone number and passwords that you provide to log you into the site. You hereby authorize and permit Embee Mobile to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Embee Mobile a limited power of attorney, and appoint Embee Mobile as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EMBEE MOBILE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, EMBEE MOBILE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service may not be sponsored or endorsed by all third parties which are accessible through the Service.