TERMS AND CONDITIONS
DIGITAL CARDS
- The Service Terms
These terms and conditions govern the provision of services (“Services”) to you through BlinkSky Jamaica www.blinkskyjamaica.com (the “Application”). By using the Application to enjoy the Services, you expressly agree to be bound by the terms of this agreement. By using the Services you also consent and agree to be bound by all BlinkSky Terms and Conditions for Sale and Service which can be found at Blinksky Terms of Saleand Blinksky Terms of Service. If you object to any of the terms of this Service Agreement or subsequent modifications, you reserve the right to discontinue your use of the Applications. No other remedy, legal or otherwise, is available to you. - The Services
BlinkSky Jamaica through its Application, as third-party distributor, offers for sale Digital Cards distributed by BlinkSky, Inc. (“Merchant”). Any information you provide to us in our Application to access the Services shall be used in accordance with the Merchant’s and our Privacy Policy, which can be found at Blinksky Privacy Policy. Through our Application you will be able to purchase a variety of Digital Cards Cards and gift codes (collectively, “eGift Cards”) offered by Merchant and deliverable to recipients via text messaging. Digital Cards purchased via our Application are issued by Merchant, participating third-party merchants, retailers and vendors (collectively “Vendors”).Please be aware that the availability of the Service may change from time to time at our discretion. To access the Service, you will be required to disclose certain information about the recipient (such as the mobile phone number). You agree that we shall pass on certain required information to the Merchant in fulfillment of your instructions to us. You agree that any purchases made through the Application will be governed by this agreement, any other agreements the Vendors might have with the Merchant and any agreements the Merchant might have with you. - Payments
Notwithstanding any clause to the contrary, purchases once made are irrevocable, and you will lose your right to ask for a refund where we have processed your instructions in accordance to information you have provided to us. We are not liable for errors you may make including but not limited to the selection of the wrong Digital Card, providing wrong information including the amount, mobile phone numbers etc. Should our Merchant authorize any refunds to your account, such refund shall be processed in accordance with the Merchant’s refunds policy. - Service Delivery
While we aim to deliver fast efficient Services as you use the Application, you agree that from time to time, instructions provided to us may be delayed. Delays may be caused by a variety of circumstances including but not limited to delays with our processors, delays from the Merchant and our systems delays. - Your Obligation
Use of our Application is free however, any device you may use to access our Application is your sole responsibility and you agree that you may incur additional charges (such as data charges) while using the Application. - Promotions
From time to time, we may by ourselves or, together with our various partners and Merchants run promotions. You consent to viewing this promotion. Your participation in such promotions will subject you to additional terms and conditions. - Suspension of Services
We reserve the right to suspend or terminate your use of the Services and Application if you are in violation of any terms and conditions of this Agreement. - Intellectual Property
You acknowledge that we are the owners of a number of trademarks including Digicel and that the Merchant and Vendors are owners of their trademarks. Nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright. We reserve the right to change the Services, Application including withdrawing them completely. - Security, Maintenance and Availability
You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure, and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. As a consequence, we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place appropriate security measures to protect these methods of communications. - Limited Liability
You agree and acknowledge that the Application and the Services and content provided through them are provided “as is”. To the fullest extent permitted by law, we makes no warranties in relation to the use and availability of the Application or the Services provided through them. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BLINKSKY JAMAICA BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE DIGITAL CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF DIGITAL CARDS), USER CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BLINKSKY JAMAICA’s TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY UNITED STATES DOLLARS ($50.00).You agree to indemnify us and keep us indemnified against all loss, damages and liability that is caused to a third party as a result of your breach of this Agreement. - Variations of the Agreement
We reserve the right to amend or unilaterally change the terms of this agreement at any time without notice. - Severability
If, at any time, any provision of this agreement (or any part of a provision of this agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable). - Waiver
Any waiver of a breach or default of any of the provisions of this agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you. - Governing Law
The Services are subject to U.S. and Jamaica laws. We make no representations or warranties that the Services are appropriate or available for use in other locations. If you choose to access or use the Services from locations outside Jamaica or the US you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. Your use of the Services may also be subject to other local, state, national, or international laws. - Notices
Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this agreement may be given by email or through SMS. - Contact Information
If you have any questions about this agreement or any complaints or require any assistance with the Applications or the Services you have purchased, we are always here to help. Kindly contact us at info@blinkskyjamaica.com Monday to Saturday 8:30am to 5:00pm.
