Joyest

Terms of Service

last updated December 25, 2020

The services


The aim of the Services is to help you save money with limited work by paying you with such qualified transactions and other actions. Joyest is a smart mobile first incentive programme built to help creative and aspiring brands attract, maintain and engage consumers. Joyest customers search the categorised catalogue of deals to find and purchase from the brands and retailers.

Acceptance of these terms

By accessing or using the Services in any way or by clicking to agree to these Terms when this option is made available to you, you agree to be bound by these Terms and our Privacy Policy, which are incorporated in these Terms by this reference.
f you do not agree to any of the terms and conditions of these Terms, do not use or use the Services. If your access to or usage of the Services is forbidden by applicable law, you are not allowed to access or use the Services. We are not liable if you are accessing or using the Services in any way that violates applicable law.

Preliminary requirement

To be able to access our services, you must be 18 years old and above, live in the United States, and hold a U.S mobile number(Non-VoiP) and agree and accept our terms and conditions and privacy policies, you also agree to provide with all information needed to be able make your a member of our platform, such as your full name, mobile number, email address, and payment account information. You also agree to only get one account as an individual. At the time of submitting your user information, you represent and warrant that all the information you submitted to use is truthful, accurate, updated, and complete and you agree to misrepresent your identity.

You alone is responsible for making sure the account login information is confidential. You agree to not allow any other person to use your account for any purpose. Except in a time of applicable law, you alone bare the  responsibility for all you transactions and other activities done in your account, whether authorised by you or now.
At any time, you believe your account and user credentials have been accessed by any unauthorised person or you are aware of any unauthorised attempts on your account, you must notify us as soon as you know of it.  

Linking your cards

To be able to receive cash back rewards from us for all authorised brands and purchases as individual or as a team you must first download Joyest application,and you must link at least one eligible debit or credit card (a “payment card” to your account. One vital thing you have to understand is, not all debit cards are not eligible to be linked to your account, i.e Cards that are not managed and processed by Visa U.S.A payment system, the Mastercard payment system, or American express payment system. In order to eligible to receive our full service including cashback you must have a card issued by a U.S bank.
You must connect at least one valid debit or credit card ('Payment Card') to your account in order to earn
rewards  from us for qualified purchases of products or services or for referring other users to download the Joyest application.
Please note that you are not eligible to link all credit and debit cards to your account. We have the absolute discretion to determine whether a card is valid for a payment card.
For example, some cards of Visa, Mastercard and American Express cannot be linked, including, but not restricted to,  prepaid cards, business and corporate cards, purchasing cards, store cards, which can only used at their respective stores,  government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards).

Use of Enrolled Cards and Transaction Information

Cash back you receive as a result of purchasing at a local merchant will be viewable in your account within 1-7 business days after you make the transaction. Cash back you receive from one of our online brands will be viewable in your account after the return period has expired which ranges between 60-90 business days after you make the online transaction from that brand. Business days means Monday - Friday, excluding federal banking holidays.
If you believe you’re qualified for a cashback but have not received a cashback, you have 30 days to provide us with an evidence showing that you made the transaction with the the right type of payment card that’s linked to our app. Any request made after these deadlines will not be honored, and the cashback associated with the request will be denied.

Team Cashback
Teams have different rules to play by when it comes to accessing and receiving the team’s cashback. They must first meet the right amount of people required to unlock the store, once the the required amount of people have formed a team and the store is unlocked. They will be able receive the team’s cashback. Each team’s member will be able receive the team’s cashback amount but it will show as pending, that’s because  till everyone in the team  has completed a transaction at the unlocked store, the team won’t be able transfer the cashback. When the last person makes a purchase at the unlocked store, all team members are able to transfer their cashbacks into their linked card.

We do not warrant the accuracy of timeliness of this information displayed via the site,App of the services. Descriptions of Joyest rewards may contain inaccuracies or typographical and other errors. You agree that neither Joyest, nor the merchant/brand(s) are responsible for such error and that both Joyest and the brands reserve the right to correct them when they're found. Joyest and the brands reserve the right to cancel all the transactions that are found to container these types of errors, refund all amounts paid and cancel all rewards associated with such transactions, without any liability to you.

Subject to these Terms, we will automatically provide rewards to you when you buy qualified products or services using your Payment Card or conduct any qualifying acts defined by us. The Company shall, at its own discretion, set down the terms and conditions for each eligible purchase or activity and decide if you have met the terms and conditions for receiving rewards. Such terms and conditions shall be set out on the Website and the Application and may be revised, changed, suspended or cancelled by the Company at any time at its absolute discretion. The deals made available to you via the Joyest application are temporary and could be inaccessible without warning. You will also have a limited, time-limited window to take advantage of the deal. Often search the Joyest application for deals that are actually open to you.


Not all qualifying transactions made with your Payment Card may be available for rewards unless we are
unable to access such transaction details from the Payment Card Network connected with your Payment Card.
For eg, we will not be able to access such transaction details from the Payment Card Network (and thus you may not be able to collect rewards) for the following transactions made with your Payment Card: 1. purchases that enable you to enter your Personal Identification Number (PIN) for your Payment Card, (2) purchases that you initiate through verification technology that replaces for the PIN
3. Payments made using other payment mechanisms (such as a digital wallet or a third party payment systems, where you may select your payment card as a means of funds but do not apply your payment card directly to the merchant), (4) payments of current accounts, balance transfers, or (5) transactions that are not accepted or sent to the Payment Card Network.Do not use a PIN while you pay for a qualifying transaction with your Payment cards if you want the purchase to be qualified for rewards.


Without limiting any of the other terms of these Terms, whenever you return, charge back, cancel, dispute or otherwise request a refund for a qualifying transaction for which you have already earned rewards, we will decrease the balance of rewards in your Account by the amount of rewards you received for that transaction.
If the balance of rewards in your account is smaller than the amount of rewards you got for that transaction, we will offset the amount of rewards you will normally earn from rewards for future qualified actions.


Redemption of rewards

Subject to these Conditions and our authorization, you can order us to redeem rewards from your Account. Before redeeming rewards, 1. you must validate an email address associated with your Account, 2. Rewards can only be redeemed through your Account via the Application and the Application, 3. the amount of rewards in your Account must be at least $15 in order to redemption rewards, and 4. you must complete an offer-qualifying transaction with the participating retailer.
We would usually redeem rewards from your account and credit your designated U.S. bank account, PayPal account, or any other payment
system allowed by us and designated by you ('Redemption Method') within 1-5 business day(s) of receipt of your redemption request. Credits to your bank account will be completed within 2-3 business days of receipt of a submission for redemption. Credits to your PayPal account can be completed on the very day as we obtain a redemption request or up to 5 business days after your request.


We use Fidel Limited (“Fidel”) to gather user’s date from payment card networks. By using the services, you grant us and Fidel Limited (“Fidel”) right to act on your behalf to access,store and process your personal and financial information from the relevant payment networks in accordance to Fidel  Privacy Policy. By redeeming cashback from your Account, you authorize us to electronically credit your Redemption Method for the applicable redemption amount.

By redeeming rewards from your account, you allow us to electronically reimburse your redemption process for the amount of redemption that applies. This permission will continue in full force and effect until your account
is discontinued or until you otherwise inform us by contacting us help@joyest.co You must inform us of any update to your redemption process at least 3 business days prior to any such change by contacting us help@joyest.co or by upgrading your account. If we do not receive a notification at least 3 business days prior to any such change, we will, in our absolute discretion, attempt to make such a change prior to any credit transaction. However, we do not take any blame for our failure to do so.

You are solely responsible for checking the authenticity and completeness of any credits made to your redemption method by us. You must alert us of any errors within 15 days of the availability of such material. If you do not inform us of any such errors within 15 days, you will lose the right to appeal a contract, except to the extent that such forfeiture is prohibited by applicable law. Certain limitations can extend
to your rewards redemption. For eg, unless otherwise allowed by us, you can only redeem rewards up to $300 in every day.
Without limiting any of the other terms and conditions of these Terms, we can at any time, in our absolute discretion, change the terms and conditions of redemption for rewards.


Additional requirement

Except as specifically permitted by us and subject to applicable law, you may not pass, assign, sell, give, swap, trade, convert, lease, sub-license, rent, or distribute cash rewards. Any disposal or attempt to dispose of rewards in breach of these Terms shall be void and shall result in the immediate termination of your Account. We do not accept or tolerate any third-party service that may be used to sell, swap, move or otherwise dispose of rewards, and we take no liability whatsoever for such transactions and will not help them.
You represent and warrant, in addition to your other representations and assurances in these Words, that you will not use or use the Facilities to participate in any criminal, fraudulent or other illegal activity. You must provide other information and documentation as required by us to verify your identity and comply with these Conditions, including, but not limited to, your representations and promises, in order to reclaim rewards via the Services.You hereby allow us, for our compliance purposes and for the intent of providing the Services to you, to obtain, verify, and record, information and documents, either directly or through a third party for the purposes of verifying your identity, payment card and redemption account information.

Fees and Taxes

Joyest charges no fees for accessing and using the Platform, Maintaining your account and offering costs are covered by the fees Joyest earns when you complete eligible transactions but we reserve the right to charge certain fees for the Services in the future. Before charging any fees for the Services, we will contact you via e-mail, by posting information to the Web, if appropriate, or by any other means allowed by applicable law.
If you want to visit or use the Platform and/or services following such notice, you must pay all relevant fees.

You may be taxed on receipt or redemption of rewards, other factor (goods, flights, competition rewards, etc.) depending on the tax regulations in effect.You understand and accept that you are entirely responsible for any and all tax responsibility arising out of your
use of the Web, App and Services and any consideration you can obtain as a result of such liability.
It is also the duty to make all relevant reports to third parties.Any undefined costs relating to the registration or use of the Products, including
without limitation the rewards scheme, are the sole responsibility of the customer. Joyest  would not be responsible for any tax obligation, responsibility or other costs related to the issuing of rewards or any other operation or programme incentive benefits.

Online and Mobile Alerts

From time to time, Joyest can include automated updates and voluntary account-related alerts. Automatic updates may be sent to you as a result of any changes to your account or records, such as changes to your login information. Voluntary account notifications may be switched on as part of the Communication by default. They can then be customised, deactivated or reactivated by you. These notifications encourage you to pick your account alert message. Joyest  may add new notifications from time to time or, at its own discretion, may cease to provide such alerts at any time. Each notification has various options available, and you will be asked to choose from these options upon activation of your alerts. You understand and accept that any notifications you get from the Services can be delayed or blocked by a number of factors.

Joyest may make reasonably fair attempts to provide reliable information in a timely manner, but may
not guarantee the delivery, timeliness or consistency of the content of any warning. Joyest  
SHALL NOT BE Responsible FOR Any Transmit, OR MISDIRECTED Transmission OF Any ALERT; FOR Any ERRORS IN THE
Quality OF ALERT; OR FOR Any ACTIONS TAKEN OR NOT TAKEN BY YOU OR THIRD PARTY IN RELIANCE OF ALERT. Electronic updates will be sent to the email address  you given as the primary email address for the Services.
If your email address or the email address of your mobile device changes, you are responsible for reminding us of this update. Since the notifications are not secured, we would also provide the email. However, notifications can include your login ID and other information about your account.




Expiration, Inactivity & Cancellation

Inactive accounts will no longer be rewarded. If you reactivate your account by logging back to the App after 6 months, you will be able to re-select your card-linked deals and start collecting rewards again.
If your account is cancelled or disabled for some cause, including but not limited to multiple attempts at non-qualifying purchases or other illegal conduct, then your current rewards will be forfeited and any other transactions that may otherwise result in your rewards will not be considered to be applicable.
You can cancel your account and enrol in the rewards programme by contacting Joyestp at support@joyest.co with this message.
Both unredeemed rewards shall be forfeited automatically upon cancellation and may not be recovered or moved.

Joyest may cancel your accrued points, suspend your benefits or cancel your account at any time with immediate effect and without written warning, for any reason and at Joyest's absolute discretion, including in cases where Joyest determines that you have I behaved in a manner that is inconsistent with applicable laws or regulations, 1. refused to pay Joyest or its merchants/partners the amounts owed, (iii) acted in a manner that does not conform with applicable laws or regulations and these any of these Terms of Service .
Nothing found in these Terms of Service shall prohibit the exercising of any civil or equal rights or remedies. rewards and other associated incentives and services are the exclusive property of Joyest, and are not the property of the customer.

If you should re-enroll in the Service following closure is at Joyest's absolute discretion. In any case, previously won rewards that have
been forfeited will not be awarded to you.

Third-Party Links

Some sections of the Services are funded by sponsored connections from sponsors and show Joyest Deals that may be tailor
matched to you on the basis of details stored in the Services, requests made via the Services or other information. In conjunction with and without Joyest Deals, Joyest can provide links from the Platform, the App and the Services to other websites belonging to Joyest advertisers and other third parties. You can leave Joyest's Web, App and Services if you use these links. Joyest offers these links to you as a convenience and we do not check, make claims or take credit for such third party pages, including, but not limited to, the veracity, authenticity, consistency or completeness of the information, programmes, links shown and/or any other action carried out on or across such third party sites.

Joyest does not support or promise the goods or services offered through the Joyest Offerings (or any other third party products or services promoted on or related from our website), whether or not sponsored, and Joyest is not an agent or broker or otherwise responsible for the actions or practises of such websites.
If you want to use or buy services from third parties, you do so completely at your own expense and are bound to their terms and conditions and privacy policies.
You Accept that Joyest WILL NOT, UNDER Conditions, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR Any Products, Facilities, INFORMATION, Tools AND/OR Material AVAILABLE OR FOR THIRD PARTY SITES
AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR any HARM RELATED THERETO, OR FOR any DAMAGES OR LOSS CAUSED OR TO BE CAUSED IN CONNECTION WITH YOUR US OR RELIANCE


User Content

You are responsible for any information, views, messages, feedback, images, videos, graphics, sounds and other content or
material you send, upload, publish or otherwise make accessible on or via the Web or Services ("User Content").
We can not promise that you will be able to change or remove the User Material that you have requested. By uploading any User Content, you promise us:
You are entirely responsible for the delivery, quality, completeness and publishing of that User Content; (b) you have the freedom, control and permission to share that User Content and to issue the privileges and licences to that User Content given herein; and (c) the User Content does not and does not infringe or infringe the rights of any third party. Any User Content shall be regarded as non-confidential and non-proprietary, except as otherwise specified in our Privacy Policy.
You should not post User Material that is offensive; objectionable; encourages bigotry, bigotry, intolerance, hate or physical damage of some kind; harasses or supports abuse of another person; abuses people in any way; or includes pornography, aggression or pornographic items.


You grant us a royalty-free, worldwide, permanent, non-exclusive, unlimited, unrestricted, transferable and sub-licensable right and licence to update, copy, replicate, distribute, sell, publicly view, share, erase, render derivative works from, store and otherwise exploit User Content and to encourage others to do the same for any reason, including, though not limited to, commercially pure content.
You understand and recognise that you will not get any fee whatsoever for granting us this licence to your User Content, and you hereby absolutely and irrevocably forfeit any moral or equivalent privileges that you might have in your User Content, even though such User Content is updated or modified in a way that is not satisfactory to you. This covers, but is not limited to, all complaints focused on privacy breach, misappropriation, other human rights breaches, or diffamation.The licence issued under this Section, including the associated waiver of all relevant moral rights, shall survive any expiration of these Terms.We can, but are not required to, pre-screen User Content or track any part of the Web or Services from which User Content may be sent. We are not needed to host, show or transmit any User Content on or through the Platform or Services and may delete or reject any User Content at any time for any reason whatsoever.
We are not liable for any loss, fraud or harm of any sort to any User Content.

Mobile Device Use

Joyest distributes mobile applications that allow users to access the Services from a mobile device ("Mobile Applications"). You must have a compatible Mobile device to use the Mobile Application. We do not warrant that the Mobile Application is compatible with your mobile device. We hereby issue you a non-exclusive, non-transferable, revocable licence to use an item code copy of the Mobile Application on a registered account on a mobile device owned or leased solely by you for your personal use.

INDEMNIFICATION
You consent to indemnify, hold harmless and (at our request) protect us, our partners and their respective staff, officials, directors and agents, as well as Payment Card Networks, against and against all claims, claims, suits, losses, charges, litigation, fines, sanctions, obligations and expenditures, including fair attorneys' fees, arising out of any third party claims against or coming out of (i) User Content that you share through the Services; (ii )) your use of the Services; (iii) your violation or possible infringement of these Terms; (iv )) your infringement of applicable legislation, including, but not limited to, infringement of intellectual property rights of third parties; or (v) your other acts or negligence that result in our liability.

We reserve the right, at your expense, to assert exclusive protection and control of any matter on which you are required to indemnify us pursuant to these Terms, and you agree to comply with our defence of these claims.
If you are a California resident or resident in a State with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in accordance with the above (or any other similar applicable law in your State), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."


Social media

Joyest can provide experience on social media platforms such as Facebook®, Instagram® Twitter® and LinkedIn® that allow online networking and communication between registered users to use them.
Your usage of such platforms and your uploading of any content on such platforms, such as images, data, ideas or any personal information
that you make accessible to other users on these social platforms, are subject to the terms of use and privacy policy of such platforms.
Please link to these social media sites for a clearer understanding of your rights and responsibilities with respect to those content.


Notice


At the e-mail address or physical address you provide for your account, we will send you all updates and other correspondence about the services which you can change from time to time. You would be deemed to have sent a notice from us about the Services when we send it to the e-mail address or physical address that we have in our database for you, or when we publish such a notice on the Website or the Application.
Except as otherwise given in these Terms, all notices to us meant to have legal effect must be submitted via e-mail to Legal@joyest.co.
Any such notices shall be considered to be effective upon recorded receipt by us..


Governing Law and disputes

These Terms of Service and your agreement with Joyest under these Terms of Service shall be regulated by the Federal Arbitration Act (FAA)
and the laws in place in the State of New York without respect to its dispute or choice of law clauses.
Any conflict with Joyest or its officers, directors, staff, agents or partners arising out of or in accordance with these Terms of Service and not settled by arbitration (as set out below) shall be resolved exclusively through the courts of New York City, New York, with the exception of immediate harm requiring immediate or provisional injunctive relief in which case Joyest can proceed to ask relief in any court and jurisdiction.
You acknowledge that, in exchange for the commitment to this clause, Joyest is in a position to deliver the Service
at the appointed time and that your consent to this provision is an essential consideration of these Terms of Service.


Amendments to this  Privacy Policy

We reserve the right to update this Data Security Policy periodically at our discretion. Please check it regularly. You can at any time check our Service Terms and Conditions and privacy policy through the links at https://www.joyest.co/ or via the application. Changes take effect on publishing immediately.