Maggie’s F-W Services Contract Agreement
Maggie’s F-W Services Contract Agreement
Some excerpts of this agreement might apply to: E-PicPoints, Quacktelegram, RAWR, Firefly Collage, EduDolphin, Maggie’s F-W| Bank Savings, E-Commerce, and Waves of Kudos
Your Privacy
1. Your Privacy. Your privacy is important to us. Please read the Maggie’s F-W Privacy Statement as it describes the types of data, we collect from you, how we use your Data, and the legal bases we must process your Data.
Buying License
2. Buying License. Unless accompanied by a separate Maggie’s F-W license agreement (for example, if you are using a Maggie’s F-W application that is included with and/or a part of Maggie’s F- W | Savings Bank, then the Maggie’s F- W Products License Terms are included in any service provided by us.
Payment Terms
3. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge [ e.g., Maggie’s F-W--E-Commerce and in some case with Maggie’s F-W--Waves of Kudos]. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Taxes are calculated based on your location.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can use email/regular mail to us informing us about any change on your billing information and payment method. You agree to let us know a promptly update on your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing Maggie’s F-W with a payment method, you (1) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (2) authorize Maggie’s F-W to charge you for the Services or available content using your payment method; and (3) authorize Maggie’s F-W to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., every 6 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Maggie’s F-W by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Maggie’s F-W. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Maggie’s F-W to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account.
e. Online Statement and Errors. Maggie’s F-W will provide you with an online billing statement [ it could be a third party), where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Maggie’s F-W has identified a billing error, we will correct that error within 90 days.
f. Refund Policy. Unless otherwise provided by law or by a “particular Service offer,” all purchases are final and non-refundable. If you believe that Maggie’s F-W has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, send us an email and/or a letter to Maggie’s F-W. You can request a refund from using the Cancellation and Refund form. You should refer back to the offer describing the Services as (1) you may not receive a refund at the time of cancellation; (2) you may be obligated to pay cancellation charges; (3) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (4) you may lose access to and use of your account when you cancel the Services.
h. Promotional Offers. From time to time, Maggie’s F- W may offer Services for a trial period during which Maggie’s F- W will not charge you for the Services. Maggie’s F- W reserves the right to charge you for such Services (at the normal rate) if Maggie’s F- W determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
i. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
j. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
k. Bank Account Payment Method. You may register an eligible bank account with your Maggie’s F-W account to use it as a payment method. By registering or selecting your bank account as your payment method, you authorize Maggie’s F-W to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Maggie’s F-W account. Contact customer support as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
Contracting Entity, Choice of Law, Jurisdiction
4. Contracting Entity, Choice of Law, Jurisdiction
Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Allegan County, Michigan, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
5. Warranties
Warranties. MAGGIE’S F- W, AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MAGGIE’S F-W DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
Limitation of Liability
6. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Maggie’s F-W or any affiliates, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred. You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or other issue related to the Services.
Maggie’s F-W Rewards
7. Maggie’s F- Rewards.
a. Maggie’s F-W Rewards (e.g., Pic points) enables you to earn redeemable points for activities such as described for each specific product/service, and other offer from Maggie’s F-W (e.g., waves of Kudos). Offers may vary by market. An acquisition is the process of purchasing goods or downloading and acquiring a license for digital content from Maggie’s F-W, whether free or paid ("Acquisition"). Rewards points are not offered for every purchase from Maggie’s F-W. Maggie’s F-W [ e.g.’ E-Commerce] may offer additional opportunities to earn points from time to time, and each points-earning offer will not be available in perpetuity. Your earned points can be redeemed for items ("Rewards") in the redeem page. For more information see the Rewards section at Waves of Kudos.
b. Program Requirements. You need a valid Maggie’s F-W account and your devices must meet the minimum system requirements. The Program is open to users who reside in the markets listed only. The Program [e.g., Pic Points] is solely for your personal and noncommercial use.
c. Points. You cannot share points and/ or donating your points. You cannot transfer points either. Points are not your personal property, and you may not obtain any cash or money in exchange for them. Points are awarded to you on a promotional basis. You cannot purchase points. Maggie’s F-W may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day) if you are not disadvantaged in breach of good faith. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Maggie’s F-W or third parties. Unredeemed points expire if you do not earn or redeem any points for the described expiration dates [e.g. Waves of Kudos].
d. Rewards. You may redeem your points by visiting the redeem page or you may contribute points to a school. There may be a limited number of a Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number, and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points except in the case of defective products or as required by applicable law. If you order a Reward that is out of stock or unavailable for other reasons, we may substitute a Reward of comparable value or refund your points. Maggie’s F-W may update the Rewards offered on the redeem page or discontinue offering specific Rewards. Some Rewards may have age eligibility requirements. Any such requirements will be included in the relevant offer. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address associated with your Maggie’s F-W account, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale.
e. Other Conditions. Maggie’s F-W reserves the right to disqualify you; disable your access to the Program or your Rewards account; and/or withhold points, Rewards and charitable contributions, if Maggie’s F-W believes you are tampering with or abusing any aspect of the Program or may be engaging in.
Effective Date: This Maggie’s F-W Services Agreement is effective and was last updated on September 20, 2021.