Jemjar Ltd.
“The Jemjar Application” allows merchants and customers to participate in our unique Rewards Program.
1. Definition
1.1 “Jemjar Platform” shall mean the Jemjar API, website, web application, and native applications.
1.2 “Assets” shall mean a means of giving and receiving rewards based on the blockchain technology, which may represent either a token eligible to be converted into Ethereum, Bitcoin or other any blockchain token or non-blockchain-based reward or fiat currency or basket of currencies.
1.3 “Merchant” shall mean the natural person or company that expresses interest in Jemjar’s services, and who shall use the Rewards Program to reward their customers and for that purpose accepts these Terms and Conditions and any other agreement.
1.4 “Customer” shall mean the person who expresses interest in Jemjar’s services, and who wants to receive rewards from the Rewards Program from certain merchants, and for that purpose accepts these Terms and Conditions and any subsequent agreement. Customer represents he/she has the legal capacity to participate in the Rewards Program.
1.5 “User(s)” Merchant and Customer.
1.6 “Rewards Program” or “Services” the mobile phone application that Jemjar offers to Merchant and Customer and to which both parties can subscribe.
2.Registration, Eligibility and Application Terms
2.1 After a person subscribes to our Services, Jemjar may request additional information in order to verify the Consumer or Merchant’s identity and/or in order to provide additional services.
2.2 Users may also register for the Rewards Program by means of a valid Facebook or Google account. Both Merchant and Customer agree that Jemjar in that situation receives access to Users’ full name, user ID, profile picture, gender, social network connection, language and country. The processing of personal information from Users shall be subject to Jemjar’s Privacy Policy.
2.3 By registering on our website, Merchant guarantees that he/she and their business is solvent, and has not filed for bankruptcy, liquidation, a debt arrangement or otherwise lost the legal capacity to enter into contracts such as these Terms and Conditions.
3. Security and Cryptographic Risks
3.1 Users shall keep their mobile device secure at all times as it is the key for the use of and access to Users’ Assets.
3.2 Users expressly acknowledge that the following risks are involved by holding Assets:
(a) Losing access to Assets due to loss of private key(s), passphrase or; (b) Customer’s risks connected with the functioning and unfavorable fluctuation of the Ethereum protocol or alternative protocols and/or networks; (c) Mining or other malware attacks; (d) Risk of hacking attacks and other unanticipated security weaknesses; (e) Uninsured losses; (f) Uncertain regulations and governmental enforcement actions, including taxation; (g) Insufficient interest in and traction on the platform and its distributed applications; (h) The development and maintenance of Jemjar’s platform; (i)The risk of dissolution of Jemjar’s platform and related activities in the future; (j) Any other unanticipated risk in connection with the future development of blockchain technology and other software techniques that can affect JemJar and Users’ Assets.
4. The Jemjar Application
4.1 The Jemjar Application is part of the Services Jemjar offers, and we can add or deprecate services from time to time, as well as withhold a portion of the Service.
4.2 Users can manage their Assets by adding, sending or receiving new Assets to the account connected to the Application, and this is conducted by means of QR codes or other techniques.
4.3 Jemjar gives each User access to manage his/her Jemjar account, where Assets’ data can be viewed, and archived assets may be deleted or archived.
4.4 When Jemjar allows Subscribers to back up data to any third party service provider, it remains Users’ sole responsibility to securely retain a backup.
4.5 Jemjar allows each User to view his/her transaction history and any other related information.
5. Fair Use
5.1 Jemjar provides the Jemjar Application only for bona fide use. Users acknowledge and agree that the intended purpose for Jemjar’s Rewards Program shall only be the use of Jemjar services as defined in this agreement.
5.2 Users cannot resell the Jemjar Application, allow third parties to access the Jemjar Application or information obtained through the Jemjar Application or make excessive calls with or use of the API and/or Jemjar’s Application. Jemjar may put a cap on the number of server calls, Asset transfers and other activities and functions.
6. Use of the Blockchain
6.1 Jemjar allows its Users to send their Assets to regular blockchain addresses, which are not affiliated with Jemjar’s Users. However, in such case, the User may lose these Assets or lose access to these Assets.
6.2 Subscriber is aware of the fact that the Jemjar technology is at an early development stage, and from time to time the use of its application can be limited.
7. License
7.1 Jemjar hereby licenses Users a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, and individual license to use the Jemjar Application.
7.2 Users shall only use Jemjar Application on their own device and solely for the purpose as it is issued to User. Apart from the situation that Jemjar specifically licensed to others, Users are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the Jemjar Application.
8. Payment, Cash-in and Cash-out Process
8.1 Jemjar charges each Merchant a fee on our Application which Jemjar uses for marketing purposes which can be affected by various factors, including market price. That marketing fee may be charged as portion from the total of Assets. Merchant purchases the aggregate volume of Assets from third party FL Group UK Ltd as a result of a completed payment conducted on the Jemjar Application.
8.2 Customers can receive Jems if gifted to them by Merchants or other participating Customers. Jemjar does not facilitate the purchase of Jems by consumers for cryptographic tokens or altcoins.
8.3 Merchants can purchase Jems from the third party on the Jemjar application according to the procedure defined in this Paragraph, and at the prevailing market rate in exchange for the crypto-currency or currency specified by Jemjar.
8.4 Customers may cash out their balance of Jems to the crypto-currency or currency specified by Jemjar at any time, at the prevailing market rate, available on the Jemjar Application and conducted and finalized by a third and independent party.
8.5 Merchants are not able to cash out their Jems, unless by special permission arranged, to which Jemjar doesn’t have an obligation.
9. Shrinking and Fees
9.1 As part of Jem’s price formula, a proportion of Jems cashed in by Merchants, and distributed to Consumers are shrunk (i.e. removed from the system). Amounts shrunk are shown to the Users on the Jemjar Application.
9.2 Fees are paid during cash-in and payments, to cover technology license and referral fees paid in Jems to other Users. The levels of these fees are always shown on the relevant transactions section on the Jemjar Application.
10. No Warranty
10.1 Jemjar does not warrant a certain quality of the Jemjar Application and supplies it on an “as-is” and “as-available” basis. The use of the Jemjar Application is at Users’ own risk and liability. Jemjar makes no warranty that: (a) the Jemjar Application will meet your requirements;
(b) the use of the Jemjar Application will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Jemjar Application will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through Jemjar Application will meet your expectations; or
(e) any errors in the Jemjar Application will be corrected.
10.2 Users acknowledge and agree that the service of the Jemjar Application may be flawed and that some errors may occur, as a result of the early stage of development of the Jemjar Application and technologies on which it is built.
11. No Liability
11.1 For no case and for no reason shall Jemjar be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to Users, any other user or any third party due to its misperformance of duties herein. Jemjar provides the services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: your credit on the Jemjar service, Assets, reputation and business reputation, user account information including login information, loss of profit and loss of good name, all resulting from the use or inability to use Jemjar’s services.
11.2 Jemjar cannot represent or warrant the accuracy of the material displayed on our Application and other means of communication. To the extent permitted by applicable law, Jemjar and its suppliers, content providers and advertisers hereby exclude all express or implied warranties, terms and conditions and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this platform or linked websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. The abovementioned circumstances do not affect Jemjar’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the applicable law.
12. Linking to this platform
12.1 Users may link to our homepage or Application, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Users cannot establish a link from any platform that is not owned by them.
12.2 The Jemjar application or website cannot be framed on any other site. Users cannot create a link to any part of this platform other than the home page. We reserve the right to withdraw linking permission to which request Users shall comply.
13. Amending these Terms
13.1 Jemjar may amend these Terms and Conditions from time to time, provided that Users shall be informed through electronic communication on such amendment and shall be granted the option to terminate the agreement with Jemjar by providing a seven (7) days’ notice.
14. Terminating User Account and the Platform
14.1 Jemjar has the right to terminate your use of the Jemjar Application at any time and by providing a seven (7) days’ notice. Moreover, Jemjar may terminate your use of the Jemjar Application at any time and without prior written notice in any case where Users breached these Terms and Conditions and such breach may cause Jemjar irreparable harm. Users may terminate their accounts at any time, but please note that in such case, some of the information and Assets that are issued to Jemjar may be lost.
14.2 Jemjar may terminate the Jemjar Application at any time, by providing a written notice of 30 days prior to such termination. In such case, Jemjar shall exercise reasonable efforts to allow Users to migrate their Assets to a different platform, if possible.
15. Independent Contractors
15.1 The parties enter into these terms as independent contractors or consumer. Nothing in these terms shall create any employee-employer relationship, partnership, joint venture, equity holdings or any other legal relationship.
16. Severability
16.1 If any provision of these Terms and Conditions shall be held unenforceable by any competent legal authority, it shall not limit the other provisions of these terms.
17. Disclaimer as to ownership of trademarks and Users’ copyrights
17.1 Except where expressly stated to the contrary all persons (including their names and images), the Merchant’s trademarks and content, services and/or locations featured on this platform are in no way associated, linked or affiliated with Jemjar and you should not rely on the existence of such a connection or affiliation. Any trademarks featured on this platform 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 Jemjar.
18. Indemnity
18.1 You agree to indemnify, defend and hold Jemjar, its directors, officers, employees, consultants, agents, and affiliates, harmless from any claims, liability, damages and/or costs (including, but not limited to, legal fees), made by or owe to any third party (including but not limited to the Merchant) arising from your use this platform or your breach of the Terms of Service.
19. Invalidity
19.1 If any part of the Terms of Service is held to be invalid, void or for any reason unenforceable (including any provision in which we exclude our liability to you), such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. So far as possible where any clause/ sub-clause or part of a clause/ sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that it closely resembles the original meaning of the clause / sub-clause as is permitted by law.
20. Complaints
20.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
21. Waiver of Liability
21.1 Our failure to act with respect to a breach by User or others does not waive our right to act with respect to subsequent or similar breaches.
22. Entire Agreement
22.1 The abovementioned Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between Jemjar and Users. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director from Jemjar.
