KICKS WHEN YOU BUY TERMS AND CONDITIONS (FOR VISA CARDS)
The Kicks When You Buy Program
Kicks When You Buy is an enhanced program available to shopkick users. With Kicks When You Buy, you'll have access to participating merchant offers and the opportunity to get kicks™ on certain qualifying purchases as determined by participating merchants. shopkick owns, operates and is responsible for Kicks When You Buy. Visa is helping shopkick provide Kicks When You Buy to you by conveniently tracking your enrolled Visa card transactions to help identify when you've made a qualifying purchase at a Kicks When You Buy participating merchant, and to allow shopkick to tailor offers to you based on all of your transactions at participating merchants, even purchases that didn't qualify you to earn kicks.
How it Works
Please see the shopkick Terms of Service to understand how Kicks When You Buy works, including what constitutes a qualifying purchase, when kicks points are rewarded, how returns are treated and other important information on Kicks When You Buy.
Use of Transaction Information
Kicks When You Buy will use the transaction information provided by Visa solely to enable your participation in Kicks When You Buy and for no other purpose, which specifically means:
1) shopkick will use the information to confirm a purchase or return to match transactions to confirm whether you qualify for merchant offers provided by shopkick; and
2) shopkick will provide our participating merchants return information to confirm qualification for merchant offers provided by shopkick as well as aggregated and anonymized information relating specifically to Kicks When You Buy activity solely to allow our participating merchants to assess the results of their campaign.
Eligible Visa Cards
Only Visa consumer and business credit and debit cards are eligible for Kicks When You Buy. Prepaid Visa cards, including Visa gift cards, Visa Buxx, Flexible Spending Account (FSA) Visa cards, EBT Visa cards and other Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system, are not eligible to participate.
Not All Transactions are Tracked
Only transactions that are made with an enrolled Visa credit and debit card that are processed or submitted through Visa U.S.A. Inc.'s transaction-processing system will be tracked for purposes of Kicks When You Buy. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled Visa debit card if you want to receive kicks for such purchase. You acknowledge that Visa may be unable to track every transaction made with your enrolled Visa card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, payments made for pre-paid and re-loadable cards such as certain gift cards, Visa Buxx and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system.
In order to enroll in and participate in Kicks When You Buy, you must first download the shopkick app and create a mobile phone verified shopkick account and then enroll (or "link") at least one eligible Visa card. You must be the cardholder or an authorized user of the enrolled Visa card. Only legal residents of the 50 United States (including the District of Columbia) may enroll in Kicks When You Buy. Those residing outside of the foregoing jurisdiction are not permitted to enroll in Kicks When You Buy.
You agree to provide true, accurate and complete information about your eligible Visa card. If your enrolled Visa card is lost, stolen or you receive a replacement card, you must immediately opt-out from Kicks When You Buy or update your enrolled Visa card information immediately. You acknowledge and agree that neither shopkick nor Visa will have any liability associated with or arising from your failure to provide accurate enrollment information, including your failure to receive kicks and important information and updates about Kicks When You Buy. If Visa or shopkick has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your enrollment in Kicks When You Buy may be suspended or terminated.
In order to opt-out from Kicks When You Buy, please click the link within the shopkick app to unlink your card(s) from Kicks When You Buy. In addition to opting out via the app, under the following circumstances, your participation in Kicks When You Buy will be terminated by shopkick.
- you haven't used the shopkick app for 60 days
- you fail to respond or use the shopkick app within 30 days of an initial email notification
- you fail to respond or use the shopkick app within 7 days of a second email notification
- you change your mobile phone number and fail to re-verify the number
If you did not intend to opt-out or terminate your participation, you can re-enroll in Kicks When You Buy at any time.
Visa may continue to deliver to shopkick information about your returns at participating merchants for a limited period of time after your opt-out or termination from Kicks When You Buy for use solely as described above in the "Use of Transaction Information" section.
Changes to These Terms; Termination
The Kicks When You Buy Terms and Conditions may be changed at any time with or without further notice to you. You can always find the most recent version of the Kicks When You Buy Terms and Conditions through the shopkick app. Certain Kicks When You Buy features or offers may be subject to additional terms and conditions provided to you.
You acknowledge that any or all aspects of Kicks When You Buy may be suspended, modified or terminated, temporarily or permanently, at any time with or without notice to you. You agree that neither shopkick nor Visa shall be liable to you or to any third party for any suspension, modification or termination of Kicks When You Buy.
No Product or Merchant Endorsements
Visa does not endorse or sponsor, and is not responsible for: (a) the offers, goods or services displayed, purchased or paid for in connection with Kicks When You Buy; (b) honoring or fulfilling the offers provided to you through Kicks When You Buy; or (c) the merchants whose offers are provided in connection with Kicks When You Buy.
There are no licenses or other rights granted to you by Visa in connection with Kicks When You Buy. All rights associated with Visa's role within Kicks When You Buy are owned by Visa or its licensors and protected under applicable copyrights, trademarks and other rights and international treaties. All rights not expressly granted to you are retained by Visa and its licensors.
No part of Kicks When You Buy may be reproduced in any form, stored or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Kicks When You Buy or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Kicks When You Buy and you may not take any action that imposes an unreasonable or disproportionately large burden on Kicks When You Buy, as determined by Visa in its sole discretion.
You agree that you will comply with all applicable laws, regulations and other legal requirements that relate to your participation in Kicks When You Buy. In addition, in participating in Kicks When You Buy, you agree:
DISCLAIMERS AND LIMITATION OF LIABILITY
KICKS WHEN YOU BUY, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE SERVICES VISA PROVIDES IN CONNECTION WITH KICKS WHEN YOU BUY, IS PROVIDED ON AN "AS IS" AND " AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR PARTICIPATION IN KICKS WHEN YOU BUY AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VISA AND ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "VISA PARTIES") OR SHOPKICK, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH KICKS WHEN YOU BUY, EVEN IF A VISA PARTY OR SHOPKICK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE VISA PARTIES NOR SHOPKICK SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) YOUR USE OF OR INABILITY TO USE KICKS WHEN YOU BUY; (B) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH KICKS WHEN YOU BUY; (C) THE ACTS OR OMISSIONS OF SHOPKICK; (D) ANY PROBLEMS OR DISPUTES BETWEEN YOU AND A MERCHANT; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH KICKS WHEN YOU BUY; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH KICKS WHEN YOU BUY; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF KICKS WHEN YOU BUY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE VISA PARTIES' OR SHOPKICK'SCUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PARTICIPATE IN KICKS WHEN YOU BUY. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THE KICKS WHEN YOU BUY TERMS AND CONDITIONS SHALL BE TO OPT-OUT FROM KICKS WHEN YOU BUY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE VISA PARTIES' AND SHOPKICK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Visa or shopkick's failure to exercise or enforce any provision or right contained in the Kicks When You Buy Terms and Conditions shall not be deemed a waiver of such provision or right. The Kicks When You Buy Terms and Conditions constitute the entire agreement between Visa, shopkick and you with respect to your participation in Kicks When You Buy. The Kicks When You Buy Terms and Conditions do not amend or otherwise modify the card agreement with the issuer of your enrolled Visa card. In the event of any inconsistency between the Kicks When You Buy Terms and Conditions and your card agreement, the Kicks When You Buy Terms and Conditions will govern as to the relationship between you and Visa solely with respect to Kicks When You Buy and your card agreement governs as to the relationship between you and the issuer of your Visa card. In the event of any inconsistency between the Kicks When You Buy Terms and Conditions and the shopkick Terms of Service, the Kicks When You Buy Terms and Conditions will govern as to the relationship between you and Visa with respect to Kicks When You Buy. If any provision of the Kicks When You Buy Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the Kicks When You Buy Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Visa reserves the right to freely assign the Kicks When You Buy Terms and Conditions, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, the Kicks When You Buy Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. To the fullest extent permitted by law, you and Visa, and shopkick agree that: (a) any and all disputes, claims and causes of action arising out of or in connection with Kicks When You Buy will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of or in connection with Kicks When You Buy shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you and Visa each waive any jurisdictional venue or inconvenient forum objections to such courts; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated Kicks When You Buy, but in no event will attorneys' fees be due or payable; and (d) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
If you have any questions regarding Kicks When You Buy, please contact shopkick customer service at email@example.com.
Last updated: October 7, 2013.