Below are our detailed Terms and Conditions (“Terms” or “Agreement”) that you must read and accept before using our websites: www.birdybytes.com, www.cashyt.com (“Websites”), any of our mobile Apps (Birdy Bytes and others) (“Applications”) or any of our services (our “Services”) (hereinafter, our Websites, Applications and Services are referred to as the “CASHYT Program”). If you decide to download and use any of our Applications and Services or continue using our Websites, you will be bound by these Terms. In these Terms and Conditions document, the terms “CASHYT”, “we” and “us” refers to CASHYT S.A. The terms “you” and “user” refer to any user of the CASHYT Program.
By accessing and using the CASHYT Program, you agree to the following Terms. The Agreement defines your rights and responsibilities as a user (“User”).
In order to access certain features of our Apps, you must create an account with us (“Account”). When you register, we will ask your name, telephone number, email address, date of birth, gender, or your Facebook credentials. While you are using the App, we may also collect additional information, such as: location, postal address, city and country.
To create an Account, you must be at least 13 years of age and older at the time of registration. If you are younger than 18 years of age, then you need to ensure your parents’ or legal guardian’s consent, as whenever a minor uses the CASHYT Program, the parent or guardian of said minor will be held responsible for that minor’s actions. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us with will be true, accurate, current and complete and that you are entitled to provide us such information.
These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on our Websites or Applications, shall constitute the entire agreement between you and us concerning the CASHYT Program. If you do not agree with any of these Terms, or if you have any objections to our Privacy Statement, you must not use the CASHYT Program.
The CASHYT Program contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user-generated information and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the CASHYT Program may be owned by CASHYT or by third-party companies. All content is owned, licensed to and/or copyrighted by CASHYT and may only be used in accordance with this Agreement. In addition, the CASHYT Applications include descriptions and potential availability of products and promotions from third parties. CASHYT cannot control these third parties and therefore quantity, selection, price and promotion conditions may vary between store location and online. All content, whether protected by copyright, contract rights, or both, is provided for you for your information and use, only as permitted through the functionality of the CASHYT Program. We attempt to ensure that all content is complete and accurate but, despite our efforts, the content may occasionally be inaccurate or incomplete and we make no representation that the content is complete, accurate, reliable or error-free.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable and revocable license to download and install (1) our Applications to your supported device, and access and use our Websites and/or Services, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute our Applications for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute our Applications or our Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of our Applications or our Services; (iv) make the functionality of our Websites, Applications or Services available to multiple Users through any means; (v) use multiple accounts per individual User per device; or (v) use our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly-display, publicly-perform, transmit, stream, broadcast or otherwise exploit the CASHYT Program, except as expressly permitted in these Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CASHYT or its licensors.
If you accessed or downloaded our Applications from any App store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
CASHYT Applications include virtual currencies such as Coins and Gems (“Virtual Currencies”), and virtual goods such as, but not limited to, Special Cards, Mess-up Cards and Keys (“Virtual Goods”). You agree that when you purchase or earn any of these Virtual Currencies and Virtual Goods they have no monetary value and do not constitute actual currency or property of any type, and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from CASHYT or anyone else. Those Virtual Currencies and Virtual Goods are non-transferable, non-sublicensable, and its use cannot be subject to payments of any third party in order for other users to gain unfair advantage in the CASHYT Applications. The term “Virtual Currencies” is not in any way or form related to crypto currencies since it has no “real” value, any exchange rate or cannot be traded for any “real” money, cash or services.
All Virtual Currencies and Virtual Goods are CASHYT’s property. You do not own Virtual Goods and/or Virtual Currencies but instead you purchase and/or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use and held them that can be terminated at any time. Any balance of Virtual Goods and/or Virtual Currencies does not reflect any stored value, any “real” money, and cannot be used to sell your Account to any third-party.
You can earn Virtual Goods or Virtual Currencies with your activity within the CASHYT Application on in any other promotional activities announced by us. You can also purchase or acquire Virtual Goods and/or Virtual Currencies in the Store inside the CASHYT application. The purchase of Virtual Currencies and Virtual Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the Parental consent or the consent of a legal guardian to make the purchase. Parents or legal guardians of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Currencies or Virtual Goods.
Purchases of Virtual Goods and Currencies should only be made inside the official version of the App available on Google Play and the App Store, where CASHYT Application is permitted. CASHYT does not take any responsibility for purchases in versions downloaded in other stores or in unpermitted locations.
Please be aware that depending if you are an iOS or Android user, any payment or purchase is made from your platform provider, which can have specific Terms & Conditions and User Agreement that you should also agree before completing a purchase.
CASHYT reserves the right to remove, change or create any Virtual Goods and/or Virtual Currency on its services. The availability, value or promotions of Virtual Goods and/or Virtual Currency on the Store inside the App is on the sole discretion of CASHYT.
Virtual Currencies and Virtual Goods may only be purchased and held by legal residents of countries where access to and use of the CASHYT Application are permitted. If you are a European Union Citizen, you have certain rights to withdraw from online purchases. However, please note that once you complete the transaction and download Virtual Currencies from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Currencies involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete.
CASHYT is entitled, in our sole discretion and without prior notice, to suspend, or terminate your Account and your access to your Virtual Goods and Virtual Currency, or the Services, including if (a) your Account is inactive (not logged into) for 180 days; (b) you use your right to be forgotten and ask us to delete all your data regarding CASHYT Services; (c) you act in any way against what is written on this terms; (d) we suspect that any sale, transfer, or exchange of this Virtual Goods and Virtual Currency (or attempt to do so) is happening in violation of these Terms; (e) we suspect any other unlawful activity associated with your Account; (f) any other situation not described here occurs.
Virtual Goods and Virtual Currencies are for one-time use only and will be deleted from the App after use. CASHYT does not take any responsibility if you purchase a wrong Virtual Good or Virtual Currency without intent or if their use was not effective. CASHYT does not have to reimburse any expense in those situations.
YOU ACKNOWLEDGE THAT CASHYT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS WHEN YOUR ACCOUNT IS TERMINATED OR CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
By using CASHYT Applications you are elected to earn special cards (“Special Cards”). These Special Cards can be used inside the CASHYT Applications to play against other users of our Application and win points. You may earn Special Cards in a variety of ways, such as: (i) scanning certain images with the camera inside the mobile Application (“Image Scan”); (ii) scanning certain audio files with the CASHYT Application (“Audio Scan”); (iii) completing challenges available in CASHYT Application; (iv) by spinning the daily wheel of prizes, available in the CASHYT Application; (v) by bringing friends to the CASHYT Application through our “Tell-a-Friend” program; (vi) purchasing cards in the store inside the CASHYT Application.
CASHYT reserves the right to change, add or remove any Special Card, and the methods by which members can earn Special Cards, for any reason and without notice to you, in its sole discretion and at any time.
Below is more information on the various ways to earn Special Cards:
You can earn Special Cards by visiting physical, eligible locations that are open for business and active at the time you visit and scanning a QR code. Sometimes there could be limits to how often you can scan a QR code in a specific store or location, so be sure to check our Application for the most up-to-date information. We cannot be liable for a failure to award Special Cards for a check-in operation due to a network or server malfunction, or due to the incorrect use or damaged conditions of the QR code. By participating in the CASHYT Program, you agree that: (i) CASHYT is under no obligation to notify you when the allocation of Special Cards, for distribution under this program, has reached a zero balance for any participating merchant; (ii) CASHYT will collect some information about the stores and locations where you checked-in. CASHYT will only use such information to award you with Special Cards, validate the check-in promotion, personalize your service and/or provide aggregated and anonymized reporting; (iii) If a Check-in location is provided by a third party, such as a shopping mall, or a specific restaurant or store, CASHYT accepts no liability for the removal of this Check-in location by the third party, and accepts no responsibility to inform you of such a removal.
In some cases, and as explained in our Applications, the Special Cards for Check-ins will be distributed on a “first come, first served” basis and are limited to a certain number per store or location. Be sure to check our Application for the most up-to-date information about this activity.
You can earn Special Cards by purchasing products or subscribing to services in physical stores and qualified merchants, as described in the CASHYT Application. Once you purchase a product or service you can present the corresponding promotion displayed in the CASHYT Application and ask the merchant for a QR code (“CASHYT Stamp”) that should be redeemed in the CASHYT Application. We cannot be liable for a failure to award Special Cards in a purchase operation due to a network or server malfunction, or due to the incorrect use or damaged conditions of the QR code. By participating in the CASHYT Program, you agree that CASHYT is under no obligation to notify you when the allocation of Special Cards for distribution under this program has reached a zero balance for any participating merchant. In some cases, the Special Cards for in-store purchases will be distributed on a “first come, first served” basis and limited to a certain total number per store or location. Be sure to check the Application for the most up-to-date information about this activity.
By earning Special Cards with this activity, you automatically agree: (i) that certain transaction information from your purchase will be shared with CASHYT and processed by CASHYT servers. CASHYT will only use such information to award you with Special Cards, validate an in-store promotion, personalize your service, and/or provide aggregated and anonymized reporting.; and (ii) to the specific Terms and Conditions of the corresponding promotion in that particular merchant and the Terms and Conditions of the third-party merchant, as described in the promotions sections of our Application. You also agree that should you not be awarded a Special Card due to non-compliance with the Terms and Conditions of the third-party merchant, even if you comply with CASHYT’s Terms and Conditions, CASHYT accepts no liability for this. CASHYT
Please see the stores and promotions listed in the CASHYT Application for more information. If you return your purchase, the transaction can be invalidated, disputed, or if your purchase does not settle, for any reason, then some or all of the awarded Special Cards will be decremented from your Account, as determined and at the sole discretion of CASHYT. If you make a return for cash, store credit or credit to a different credit card, we do not have any rights to claim for additional Special Cards. CASHYT does not store any information about the debit or credit cards you have used in that transaction in any merchant, so CASHYT is not responsible for any liability relating to the transaction itself.
You can earn Special Cards by purchasing products or subscribing to services online at the included merchant websites, as described in the CASHYT Websites. Once you purchase a product or service, you will receive the Special Cards directly to your CASHYT Application. We cannot be liable for a failure to award Special Cards in a purchase operation due to a network or server malfunction. By participating in the CASHYT Program, you agree that CASHYT is under no obligation to notify you when the allocation of Special Cards for distribution under this program has reached a zero balance for any participating merchant. In some cases, the Special Cards for online purchases will be distributed on a “first come, first served” basis and limited to a certain total number. Be sure to check our Application for the most up-to-date information about this activity.
By earning Special Cards with this activity, you agree: (i) that certain transaction information from your purchase will be shared with CASHYT and processed by CASHYT servers. CASHYT will only use such information to award you with Special Cards, validate an online promotion, personalize your service, and/or provide aggregated and anonymized reporting; and (ii) to the specific Terms and Conditions of the corresponding promotion in that particular online store, as described in the promotions sections of the CASHYT Applications or Websites. You also agree that should you not be awarded a Special Card due to non-compliance with the Terms and Conditions of the third-party merchant, even if you comply with CASHYT’s Terms and Conditions, CASHYT accepts no liability for this.
Please see the online stores and promotions listed in the CASHYT Application for more information. If you return your purchase, the transaction can be invalidated, disputed, or if your purchase does not settle, for any reason, then some or all of the awarded Special Cards will be decremented from your Account, as determined and at the sole discretion of CASHYT. If you make a return for cash, store credit or credit to a different credit card, we do not have any rights to claim for additional Special Cards. CASHYT does not store any information about the debit or credit cards you have used in that transaction in any online store, so CASHYT is not responsible for any liability relating to the transaction itself.
Our CASHYT program lets you earn Special Cards by using the Application’s scanning function and your phone’s camera to scan certain images or visual elements in particular locations, stores, outdoors, indoors, booklets, newspapers or magazines, as described in the CASHYT Application. From time to time, CASHYT will announce which visual images are eligible for this activity, as well as locations where those images might be available, via messages distributed through our Application or in the section of Challenges inside our Application. Each image has a limit to how many times you can scan it in various time periods (a day, a week, a month, etc.). There might be also a limited number of scans per image available in total across all users of the CASHYT Application, and if that limit is reached, you will no longer be able to earn Special Cards for scanning that image.
By participating in this activity, you agree that the CASHYT Application may access your phone’s camera and that CASHYT may collect information about the scans you have made with your device. CASHYT will only use such information to award you with Special Cards, validate the camera scan content, personalize your service, and/or provide aggregated and anonymized reporting.
You also agree to follow, entirely, the CASHYT Rules, including these Terms and Conditions and our Privacy Statement. Specifically, you agree to only scan images at the stores and locations listed inside the CASHYT Application. Non-compliance with the CASHYT Rules, including these Terms and Conditions and our Privacy Statement can lead to your permanent exclusion from the CASHYT Service or from the ability to earn Special Cards. CASHYT does not guarantee that the eligible images will always be available for scanning at published locations (e.g. a merchant may pull images from its stores at their own discretion), or that image scanning will always be accurate, and thus CASHYT disclaims all responsibility for any failed scanning experiences or errors or mistakes that may during a scanning attempt. Additionally, we cannot be liable for a failure to award Special Cards due to the malfunctioning of the servers or networks, or due to the damage of the image. By participating in this activity, you agree that CASHYT is under no obligation to notify you when an allocation of Special Cards under this activity has reached a zero balance for any given image, and Special Cards will be distributed on a “first come, first served” basis. Be sure to check our Application for the most up-to-date information about this activity.
Please also be aware that the Terms and Conditions of any third-party location provider of the images to be scanned are also applicable for these Image Scans and CASHYT does not accept responsibility for any user who is unable to scan an image, earn Special Cards or complete any such challenge due non-compliance with the Terms and Conditions of this third-party, even if the User complies with all of CASHYT’s Terms and Conditions.
Our CASHYT program lets you earn Special Cards by using our Application’s microphone function to scan certain audio files, as described in the CASHYT Application. From time to time, CASHYT will announce which audio files are eligible for this activity. Each audio file has a limit to how many times you can scan it in various time periods (a day, a week, a month, etc.). There is also a limited number of audio scans per audio file available in total across all users of the CASHYT Application, and if that limit is reached, you will no longer be able to earn Special Cards for scanning that audio file.
By participating in this activity, you agree that the CASHYT Application may access your phone’s microphone and that CASHYT may collect information about the audio scans you have made with your device. CASHYT will only use such information to award you with Special Cards, validate the audio content, personalize your service, and/or provide aggregated and anonymized reporting.
You also agree to follow, entirely, the CASHYT Rules, including our Terms and Conditions and Privacy Statement. Non-compliance with the CASHYT Rules, including our Terms and Conditions and Privacy Statement can lead to your permanent exclusion from the CASHYT Service or from the ability to earn Special Cards. CASHYT does not guarantee that the eligible audio files will always be available for scanning at published locations (e.g. a merchant may not play that audio file), or that audio scanning will always be accurate, and thus CASHYT disclaims all responsibility for any failed scanning experiences or errors or mistakes which may occur during a scanning attempt. Additionally, we cannot be liable for a failure to award Special Cards, due to the malfunctioning of the servers or networks, or due to the damage of the audio file. By participating in this activity, you agree that CASHYT is under no obligation to notify you when an allocation of Special Cards under this activity has reached a zero balance for any given audio file, and Special Cards will be distributed on a “first come, first served” basis. Be sure to check our Application for the most up-to-date information about this activity.
Please also be aware that the Terms and Conditions of any third-party provider of the audio to be scanned are also applicable for these Audio Scans and CASHYT does not accept responsibility for any user who is unable to scan audio, earn Special Cards or complete any such challenge due non-compliance with the Terms and Conditions of this third-party, even if the user complies with all of CASHYT’s Terms and Conditions.
CASHYT also provides various other ways for you to earn Special Cards. For example, you can earn Special Cards by spinning the “Daily Wheel of Prizes” inside the CASHYT Application; by bringing friends through our “Tell-a-Friend” program and the usage of a unique invitation code; or by completing challenges made available in the CASHYT Websites. From time to time, CASHYT will announce these challenges inside the Application. Each action you wish to take to earn Special Cards has instructions you must follow as well as limits of Special Cards that can be earned in the overall for each action. Please note that eligibility requirements may change without prior warning.
By participating in these programs, you agree that the CASHYT Application may access information about the actions you take and the challenges you solve. CASHYT will only use such information to award you with Special Cards, validate the activity, personalize your service, and/or provide aggregated and anonymized reporting.
CASHYT cannot be liable for a failure to award Special Cards, due to errors in the servers or the network, failing to complete the actions, failure to follow the stated instructions or due to the inaccuracy of the responses. Be sure to check the Application for the most up-to-date information about these activities.
Please also be aware that the Terms and Conditions of any third-party of these challenges are also applicable and CASHYT does not accept responsibility for any user who is unable to complete a challenge to, earn Special Cards due non-compliance with the Terms and Conditions of this third-party, even if the user complies with all of CASHYT’s Terms and Conditions.
By participating in the games available in the CASHYT Applications you are entitled to earn various rewards (“Rewards”) according to your performance. The list of Rewards is described in the Leagues section of the CASHYT Applications. The availability of those Rewards is subject to the Terms and Conditions associated with each League competition and described in the corresponding part of the CASHYT Application.
The Rewards you win will be represented in the wallet section of the CASHYT Application. There might be different types of rewards: digital rewards; electronic gift cards; physical gift cards; vouchers; tickets; or merchandize rewards.
PLEASE BE AWARE that the distribution of some of these rewards may be restricted by law and regulations of your country, state, region or jurisdiction. You acknowledge that various rules, regulations and laws addressing contests, and tournaments with prizes govern your participation in Competitions. These laws are set up by each individual state, country, territory, jurisdiction and it’s CASHYT’s and your obligation to comply with these laws. You must not try to join Leagues, Challenges or Contests that are considered unlawful at your location. Please check the League Rules before you join a competition to see if you are entitled to participate on your location. CASHYT is not obliged to give you rewards in Prohibited Locations. Laws regarding trade, customs or taxes may also apply to your state, country, territory, jurisdiction and CASHYT does not take any responsibility for not delivering the rewards due to these matters.
You have exclusive responsibility for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES, COMPETITIONS AND REWARDS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. DO NOT PARTICIPATE IN THE LEAGUES OR CHALLENGES IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS.
Digital Rewards can include but are not limited to: Special Cards, Coins, Gems and Keys. Digital Rewards are sent directly to your CASHYT Application. You agree that these rewards have no monetary value and do not constitute actual currency or property of any type, and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from anyone else. These digital rewards are non-transferable, non-sublicensable, and CASHYT may cancel any Digital Rewards sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. These Rewards can have expiration date or be terminated by CASHYT at any time.
Electronic gift cards are sent to the wallet of your CASHYT Application and can be redeemed directly in the merchant store by scanning the barcode on the back of the digital card or providing a specific code on the back on the digital reward to the merchant. The redemption process is handled by the merchant, and CASHYT is not responsible or liable for its value or the process.
THESE REWARDS MAY BE SUBJECT TO SPECIFIC LAWS, TAXES OR LIMITATIONS AND BE VOIDED TO YOUR LOCATION. SEE SPECIFIC LEAGUE OR CHALLENGE RULES TO SEE IF YOU ARE ELIGIBLE TO PARTICIPATE.
Voucher rewards will be represented in the wallet. However, you will receive an email containing a unique code that you will need to present at the store to redeem your Reward. Emails will be sent to the email address you provide in the Application. Once the code of the virtual store card has been sent to you, the redemption process and the store card itself are handled by the store the card is to be used at, and CASHYT is not responsible or liable for its value or the process.
THESE REWARDS MAY BE SUBJECT TO SPECIFIC LAWS, TAXES OR LIMITATIONS AND BE VOIDED TO YOUR LOCATION. SEE SPECIFIC LEAGUE OR CHALLENGE RULES TO SEE IF YOU ARE ELIGIBLE TO PARTICIPATE.
Physical gift cards, tickets and merchandise rewards may require a postal address, a valid phone number or a valid email account to ship the Rewards. You are responsible for maintaining the accuracy of your contact information in your Account. Some Rewards may require additional time before they can be fulfilled. Refunds, exchanges and other issues regarding the redeemed item are governed by the Reward Supplier’s Terms and Conditions applicable to the item, including any warranty, and are not the responsibility of CASHYT. Restrictions may apply to certain Rewards and the terms specific to the Rewards are disclosed through the Application. Merchants participating in CASHYT Rewards are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from Rewards received as part of the CASHYT Program. Rewards pictured on the CASHYT Application may not necessarily reflect exact models of actual Rewards due to model variations and/or manufacturer’s updates.
THESE REWARDS MAY BE SUBJECT TO SPECIFIC LAWS, TAXES OR LIMITATIONS AND BE VOIDED TO YOUR LOCATION. SEE SPECIFIC LEAGUE OR CHALLENGE RULES TO SEE IF YOU ARE ELIGIBLE TO PARTICIPATE.
Merchandise rewards, that are not available to be claimed in-store, will be shipped via postal mail (via any carrier at the discretion of CASHYT) within six to eight weeks from the date of Reward redemption. Merchandise can only be shipped to approved shipping locations. Some merchandise Rewards require a street address for shipment, this means you are responsible for maintaining the accuracy of your contact information in your Account. CASHYT reserves the right to substitute merchandise for equal or greater value in place of unavailable merchandise. All CASHYT Program Rewards are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Freebies can take the form of any type of rewards mentioned above, either electronic or physical, and are offered in the Application at some specific points. All Terms and Conditions for the aforementioned rewards apply to the relevant freebie, and freebies may also be subject to the Terms and Conditions of the third-party providing the freebie. Please be aware that CASHYT and third-party Terms and Conditions apply to all freebies, and if you do not abide by both of these Terms and Conditions, you may not be eligible to receive the freebie. If you abide by all of CASHYT’s Terms and Conditions but not by the third-party’s, CASHYT accepts no responsibility for the user being refused the freebie.
Freebies, by nature, are free of charge, are may not be exchanged for a cash or credit equivalent in any store. Any attempt to do this will go against these Terms and Conditions and may result in that user’s account being suspended or terminated.
To redeem your Rewards, you agree to comply with all applicable laws and to abide by the CASHYT Rules, including our Terms and Conditions and Privacy Statement. CASHYT expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any prohibited conduct or violation of these Terms; you agree to provide your full cooperation and prompt repayment under such circumstances. Please also be aware that the Terms and Conditions of any third-party provider of these rewards or benefits are also applicable and CASHYT does not accept responsibility for any user who is unable to redeem a reward due non-compliance with the Terms and Conditions of this third-party, even if the user complies with all of CASHYT’s Terms and Conditions.
If you believe that a Reward you won was not properly sent to your CASHYT Application, email address or postal address, please notify CASHYT by using the “Contact Us” form on the CASHYT Website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. CASHYT’s determination will be final. Unfortunately, we cannot guarantee that Rewards you believe should have been accrued can be credited to you later, if CASHYT had no access to your accurate postal address or email address.
The CASHYT Application contains Leagues, which users may take part in. These Leagues, as well as being governed by these Terms and Conditions and our Privacy Statement, are also governed by a set of League Rules, which are available for the user to read in the CASHYT Application. Here the user is informed of their eligibility to play in a League, and that they are also bound by third-party Terms and Conditions, should they apply. As you are bound by these League Rules, we advise you read them before entering any League.
Any Challenge provided in the CASHYT Application, including any aforementioned Challenges in this document mentioned to obtain Special Cards, such as check-in, are subject to these Terms and Conditions. By completing any Challenge in the CASHYT Application you agree that the only valid Challenges are those provided to you in the CASHYT Application. Third-parties may also share these Challenges; however, we do not accept any responsibility for Challenges shared by third-parties which represent our own, but which are not provided in the CASHYT Application. All Challenges are subject to CASHYT’s Terms and Conditions and Privacy Statement, but will also be subject to the Terms and Conditions of any third-party providing the Challenge. Both sets of Terms and Conditions must be abided by, or CASHYT, and the third-party hold the right to exclude you from completing the Challenge.
All persons who wish to complete any Challenges listed in the CASHYT Program must be over 13 years of age. Some Challenges may, in their specific Terms and Conditions, require you to be of a higher age. If you are younger than 18 years of age, you need to ensure you have your parents’ consent to use our Services. Please make sure you carefully read any specific Terms and Conditions provided by certain Challenges, namely Challenges provided to you by our third-party Partners. You will be made aware of any specific Terms and Conditions for any Challenge which requires them. CASHYT reserves to right to refuse any user participation in any Challenges if they do not comply with these terms.
The CASHYT Program also allows Users to complete digital Loyalty Cards in the Application. This Loyalty Card scheme may be provided by the CASHYT Program or by a third-party. Whether the Loyalty Card is provided by the CASHYT Program or by a third-party, it will be displayed in the CASHYT Application. Only digital Loyalty Cards shown in the CASHYT Application are affiliated with CASHYT or any of its third-party partners. Any other digital Loyalty Card is not part of the CASHYT Program.
All digital Loyalty Cards are subject to these Terms and Conditions, but may also be subject to the Terms and Conditions of any third-party which provides them. To be able to redeem any rewards as a result of completing a digital Loyalty Cards, you must adhere to both the CASHYT Terms and Conditions and the relevant third-party Terms and Conditions. CASHYT accepts no responsibility for any User not being able to earn a Stamp on a Loyalty Card, complete a Loyalty Card, or redeem a Reward for completing a Loyalty Card due to non-compliance with the CASHYT or any third-party Terms.
The Digital Loyalty Card scheme works by providing Users with virtual “stamps” which are placed onto a Loyalty Card every time there is some interaction with the brand of the Loyalty Card. The list of possible interactions include activities like the scanning of Birdy Stamps, check-in markers, audio-scans or image-scans. When the Loyalty Card has a sufficient number of “stamps”, the User will receive a specific Reward. For Terms and Conditions for Rewards provided in the CASHYT Program and their delivery, please see the “Rewards” section of these Terms. These Rewards vary depending on stock and the type of Loyalty Card completed, but please be aware no Reward may be exchanged for cash or credit. These Rewards may change from the Rewards advertised on the Loyalty Card due to issues with stock. CASHYT accepts no responsibility for this and any replacement Reward will be of equal or greater retail price of the original Reward.
THESE REWARDS MAY ALSO BE SUBJECT TO SPECIFIC LAWS, TAXES OR LIMITATIONS AND BE VOIDED TO YOUR LOCATION. SEE THE DIGITAL LOYALTY CARDS TERMS AND CONDITIONS TO SEE IF YOU CAN CLAIM YOUR REWARD.
CASHYT reserves the right to remove any Digital Loyalty Card from your Account, or the Account of any User who does not comply with these Terms and Conditions or any relevant third-party Terms and Conditions.
Certain sections of the CASHYT Program may allow you to post or upload text, images and other content for display or publication on CASHYT Websites; or for exchange with other users within the chat function of our Application; or for display and publication in social networks (“User Content”). By submitting User Content to CASHYT, you hereby grant CASHYT a worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute copies of, prepare derivative works of, display, and perform publicly the User Content in connection with the CASHYT Program and CASHYT’s business, including, without limitation, for promoting and redistributing part or all of the CASHYT Program in any media formats and through any media channels. Any User Content that you submit via the CASHYT Program may be viewed by, and shared with, other people, for example, on third-party social networks like Facebook or Instagram, based on the settings you select for your Account. In addition, any feedback, comments and suggestions you may provide for improvements to our Websites, Applications or Services (“Feedback”) will be the sole and exclusive property of CASHYT and you hereby irrevocably assign to CASHYT all of your right, title and interest in, and to, all Feedback.
When submitting User Content, you agree not to: (i) submit material that violates anyone else’s proprietary rights, including intellectual property rights and privacy, confidentiality and publicity rights or which can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; or (v) impersonate another person. In addition, you agree to abide by the CASHYT Rules anytime you access our Websites or Applications.
CASHYT does not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We reserve the right to decide whether User Content is appropriate and complies with these Terms and may remove such User Content and/or terminate your ability to upload material in violation of the Terms, at any time, without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available User Content or other materials that are believed to violate these Terms.
CASHYT respects copyright law and expects its Users to do the same. While we cannot preview or monitor the User Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that we believe to be in violation of the Terms (for example, we could use automated tools to suppress obscene content). We reserve the right, but are not obligated, to act expeditiously to remove or disable access to any User Content that we believe violates these Terms. We are also sensitive to the copyright and other intellectual property rights of others.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with CASHYT and you should not rely on the existence of such a connection, sponsorship, partnership or affiliation. Any trademarks/names featured on CASHYT Applications are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CASHY, except where expressly referred.
Any behaviour which is considered inappropriate by us, will not be tolerated. Other players are able to report any user they feel is threatening them, bullying them, or making them feel uncomfortable. If, at any time, you feel threatened, bullied or uncomfortable, due to the behaviour of another user, or you feel they are acting in a way which goes against our Terms and Conditions and Privacy Statement, please report it to us.
We want CASHYT Program to be a safe place for people to enjoy themselves. Please only post content which is appropriate for all users, of all races, genders and cultures. Any discrimination against another user based on them or their background, including, but not limited to, their culture, gender or race will not be tolerated by us and will result in your immediate exclusion from the App.
Serious threats of violence, against anyone, will also be taken seriously. All attacks and mess-ups are virtual and are supposed to be fun. They, in no way, give you the right to threaten another player. All reports will be taken very seriously as we want to make the experience as fun and enjoyable as possible.
Any behaviour which, in any way, goes against our Terms and Conditions and Privacy Statements, will be dealt with accordingly and may result in the permanent termination of the offending user’s account.
Any attempt of cheating in the game, which gives you an unfair advantage against other players, will be taken very seriously and may result in your permanent exclusion from the App.
Cheating can include, but is not limited to, the use of hacks, playing dummy accounts and simultaneous use of multiple devices.
We reserve the rights to maintain a blacklist of players that made any attempt of cheating in the App to get some unfair advantage.
Please be aware, by reading our policies, what constitutes a violation of them. You may come across content which you do not like, but technically does not violate our guidelines. In this case, we suggest you to block a user. You can do this by going to their profile and clicking “BLOCK CONTACT”. This can be undone, by going to your Settings in the App.
Please make all CASHYT Applications a fun, safe place for everyone. Treat players in a way you would also like to be treated, with mutual respect. Other situations not included here can be also considered abusive at CASHYT’s sole discretion.
Please also be aware that, reported behaviour is not the sole way in which you may run the risk of being excluded from the App. Anything posted in public, including, but not limited to, our social media pages, will be monitored by us, as so we will also exclude you from the App if we see any behaviour which creates damage to our reputation or goes against our policies.
You may terminate your Account at any time and for any reason by deleting your Account via our Application or by sending CASHYT an email notice with the subject line “please cancel my account” to firstname.lastname@example.org. By cancelling your CASHYT membership, your Account will be terminated and may no longer be accessible and all Special Cards, Gift Cards, Vouchers, Tickets and other Rewards immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by CASHYT.
We may immediately terminate your Account or suspend your access to the CASHYT Program and remove any material (including any User Content provided by you) from our Websites or Applications in the event that you breach these Terms or for other improper conduct, at our sole discretion and without prior notice. As a result of any such termination, we may disqualify you from future participation in the CASHYT Program. Any suspension, termination or cancellation will not affect your obligations to CASHYT under these Terms (including, but not limited to, ownership, indemnification and limitation of liability), which by their sense and context, are intended to survive such suspension, termination or cancellation.
Upon termination, all licenses and other rights granted to you under these Terms will immediately cease and you will forfeit all Special Cards, Gift Cards, Vouchers, Tickets and other Rewards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to our Services. Upon any termination or suspension, any information that you have submitted to our Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
Note: we may deem your Account inactive if you have not actively used our application for 180 days or more. Once your Account is deemed inactive, your Account may be terminated and any, or all, Special Cards, Gift Cards, Vouchers, Tickets and other Rewards within your account may be forfeited, without notice and at CASHYT’s sole discretion. Similarly, if any Gift Cards, Vouchers, Tickets or other Rewards are not used or redeemed within 180 days after they are awarded, all such unused Rewards may be subject to a forfeiture, at CASHYT’s sole discretion
By accessing and using the CASHYT Program, you agree that we may collect, use and disclose, as set forth in the Privacy Statement, certain information about you, and in some cases other parties, provided to CASHYT. We may use this information to contact you by chat within our Applications, text messages or electronic mail, for the purpose of informing you of changes or additions to our Applications or Services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your smartphone. For example, you may receive push notifications, chat messages, picture messages, text messages, emails or other types of messages directly sent to you outside or inside our Application. To receive text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize CASHYT to send text messages to your phone. We may also offer you the opportunity to invite your friends or contacts to download the CASHYT Application and enjoy our Services. You may invite one or more of your friends or contacts using SMS messaging, Email, WhatsApp, Facebook Messenger, or other forms of communication. Depending on your phone’s functionality, we may suggest content for the message and you may edit said suggested content. If you choose to send invitations, you represent to CASHYT that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt-in or out of these via the CASHYT Program, or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). CASHYT is not responsible or liable for sending any invitation messages; these are expressly sent by you, should you choose to make these invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
We have no intention of spamming you with unwanted messages and you may opt-out of advertising and marketing communications at any time by following the unsubscribe instructions included in each communication. Please note, however, that we do need to send you certain communications regarding the CASHYT Program and your Account and you will not be able to opt-out of those communications – e.g., communications regarding updates to our Terms and Conditions or Privacy Statement. Please see our Privacy Statement for further information on how we manage and process your Personal Information.
We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the CASHYT Program, or modify these Terms at any time. Changes will be posted on our Website and in our Applications, via a Message, and by changing the date of the last revision on this Agreement. All modified Terms will be immediately effective, as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all Users, regardless if you created an Account or not. If any portion of this Agreement or any change to the Terms, Websites, Applications or CASHYT Program is unacceptable to you, or will cause you to no longer be in compliance with the Agreement, you must cease using our Services and, if applicable, terminate your Account. As indicated herein, if you choose to opt-out of the Services, CASHYT may forfeit any or all Rewards in your Account after the prior notice period. By continuing to access or use the CASHYT Program after the changes are effective, you agree to be bound by such changes.
We make no express warranties or representations as to the quality and/or accuracy of the content, applications, websites or services and we expressly disclaim any implied warranties, conditions and/or representations, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the full extent permissible under applicable law. We offer the Content, Applications, Websites, Services and CASHYT Program on an “as is” basis and do not accept responsibility for any use of or reliance thereon, or for any disruptions to or delay in your use of each. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, timeliness, error-free nature, compatibility, security or fitness for purpose of the Content, Application, Website, Services or CASHYT Program. CASHYT does not guarantee the adequacy of the Content, Applications, Websites, Services and CASHYT Program or compatibility thereof to your computer equipment, mobile devices or environment and does not warrant that the Content, Applications, Websites, Services and CASHYT Program, their servers or any messages which may be sent from CASHYT are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms and Conditions will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above, or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any section of the Content, Applications, Websites, Services and any CASHYT Program, or with any clause of these Terms and Conditions, as your sole and exclusive remedy, you may discontinue using the CASHYT program. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable to others as well as to us if your Account is used in violation of these Terms and Conditions.
In no event will CASHYT’s total liability arising out of, or in connection with, these Terms, or from the use of or inability to use the CASHYT Program, exceed the amounts you have paid directly to CASHYT for use of our services, if applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between CASHYT and you.
You agree to defend, indemnify and hold harmless, CASHYT, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of our Applications, Websites, Services and CASHYT Program; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, privacy or confidentiality right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of our Applications, Websites and Services.
The CASHYT Application includes descriptions and potential availability of products available for purchase from third parties. CASHYT cannot control these third parties and therefore quantity, selection and price may vary between store location and online. CASHYT may, from time to time, provide opportunities for Users to use or purchase services from third parties. Websites of those third parties are subject to Terms and Conditions different from those applicable to the CASHYT Program, and it is your responsibility to ensure that you have read and understood them. CASHYT makes no warranty concerning, is not responsible for and does not endorse any third-party-provided goods or services (including goods or services purchased or earned as a Reward through the CASHYT program), and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from CASHYT.
By using our Applications, Websites or Services, you agree that the Arbitration Act, applicable law and the law of Portugal will govern these Terms, and any dispute of any sort that might arise between you and CASHYT.
If a dispute arises between you and CASHYT, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact CASHYT Customer Support, using the contact information below, to describe the problem and seek a resolution. If that does not resolve the issue, then you and CASHYT agree that any dispute or claim relating to your use of our Applications, Websites and Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in a small claims court, if your claims qualify. In addition, you and CASHYT both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If, for any reason, a claim proceeds in court rather than in arbitration, you and CASHYT each waive any right to a jury trial.
You and CASHYT agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative action. Furthermore, unless both you and CASHYT agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This entire arbitration provision shall survive termination of this Agreement and the termination of your CASHYT membership(s).
If any controversy, allegation or claim (including any non-contractual claim) arises out of, or relates to, our Services or Terms, then you and we agree to send a written notice to the other, providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. Your notice to us must be sent to us at email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, CASHYT and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or CASHYT to resolve the dispute on terms which either you or CASHYT, in each of our sole discretions, are uncomfortable with.
If your dispute against CASHYT involves a paid CASHYT Service and we are unable to resolve it through dialogue (as described above), CASHYT will use Directive 2013/11/EU on Consumer Alternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be accessed at http://eu.europa.eu/consumers/odr/.
Unless you and CASHYT otherwise agree, the arbitration will be conducted in Portugal and will be ruled by Portuguese Law.
Any promotions (“Challenges”) made available by CASHYT may be governed by rules that are separate from this Agreement. If you participate in any Challenge, please review the applicable rules as well as our Privacy Statement. If the rules for a Challenge conflict with this Agreement, the Challenge rules will apply. Please see the Challenges section of this Agreement for relevant information.
Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of CASHYT, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability: In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver: Any failure by us to enforce any of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement: This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on any of our available platforms, shall constitute the complete understanding and agreement between you and us and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by CASHYT.
You can contact us by email (firstname.lastname@example.org), by phone (+351.239.801030), or by postal mail (CASHYT S.A, Centro de Empresas de Taveiro, Coimbra, 3045-508, Portugal).
If you have any questions about these Terms, please contact us at email@example.com
We hope you will enjoy using CASHYT.