Last updated March 3, 2021
Introduction
These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by Bestofcent.com. The Service includes, but is not limited to, the Bestofcent extension for desktop web browsers and the website located at www.bestofcent.com (the “Website”) and localized domains.
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with Bestofcent). If you are a “Member” you will need to confirm your acceptance to this Agreement prior to creating your account. The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to Bestofcent. You may not use the Service and you may not accept this Agreement if you are not at least 18 years of age. If you do not agree to this Agreement, please don’t use the Service.
Privacy and your Personal Information
For information about Bestofcent’s privacy and data protection practices, please read Bestofcent’s privacy policy found at www.bestofcent.com/privacy. Our privacy policy explains how Bestofcent collects, uses and shares your personal information that you provide when you access the Service.
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices.
The Service is provided to you by Bestofcent as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.
Purchases from Third-Party Merchants
All products you purchase from a third-party merchant linked from the Bestofcent Website are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Bestofcent. Bestofcent is not a re-seller or distributor of any products of third-party merchants displayed within the Website, nor is it a party to any purchase agreements entered into between you and any third-party merchants.
You agree that your purchase from a third-party merchant is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that Bestofcent is in no way responsible or liable to you for any products you purchase from third-party merchants, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific third-party merchant of that product to address such an inquiry. You agree that the third-party merchant (and not Bestofcent) is responsible for its communications with you regarding your purchases, and that Bestofcent is in no way liable to you for any emails or other notifications from the third-party merchant that you receive or fail to receive. If there is a dispute between participants on our Service, or between Users and any third-party (including a merchant from whom you purchase a product), you agree that Bestofcent is under no obligation to become involved. In some cases, Bestofcent may, at its sole discretion, communicate with the merchant directly to attempt to resolve issues with the purchase process.
While we attempt to be as accurate as we can in our descriptions for the products shown on the Website, we cannot promise that such product descriptions are accurate, complete, up to date or error-free. Some of the information regarding products provided on our Service comes from the relevant third-party merchant(s) – this information is the responsibility of the third-party merchant(s) and again we cannot promise that this information is accurate, complete, up-to-date or error-free. Please consult the product information on the third-party merchant’s website to confirm full product details.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use Bestofcent. We do not promise that the Bestofcent extension or Website can be accessed and used on any particular mobile device or with any particular service plan. We do not promise that Bestofcent will be available in, or that orders for products can be placed from, any particular geographic location.
Account Information from Third-Party Sites
With the Service, Members may direct Bestofcent to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third-Party Accounts”) such as Facebook or their accounts on the websites of specific third-party merchants. Bestofcent makes no effort to review the Third-Party Accounts for any purpose, including but not limited to accuracy, legality or non- infringement. Bestofcent is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Bestofcent may (in accordance with our privacy policy) import information from your Third-Party Accounts to help better offer the Services to you. Bestofcent does not control the policies and practices of any third-party site or service, including any Third-Party Accounts you connect to the Services.
Bestofcent cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or inability to access data or other service interruptions. Please ensure that you back-up any communications, information and content which you may require to continue to access in such situations.
Bestofcent Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from third-party advertisers and the display of “Bestofcent Offers,” which are product offers sponsored by third-parties that may be (subject to and in accordance with our privacy policy) custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”).
If you click on a sponsored advertiser link, Bestofcent Offer or Affiliate Link you will be redirected to the site of the third-party which offers the products (or a specific portion of the Website dedicated for the third party’s offerings, from which the third-party’s website will be accessible) and (subject to and in accordance with our privacy policy) your session may be tracked using cookies.
In connection with Bestofcent Offers, the Service will provide links to other websites belonging to Bestofcent advertisers and other third parties. Bestofcent does not endorse or guarantee the products or services available through the sponsored advertiser link, Bestofcent Offer or Affiliate Link (or any other third-party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Bestofcent is not an agent, distributor, re-seller or broker for such third-parties or the activities or policies of those websites or the products or services available on them. Bestofcent does not promise that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.
When you access third-party websites via our Service, you accept that there are risks in doing so, and that Bestofcent is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise. Bestofcent has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in, any third-party websites or by any third-party that you interact with directly through the Services. In addition, Bestofcent will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also (subject to and in accordance with our privacy policy) use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Bestofcent immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Bestofcent hereby grants to you, a right to: (i) use the software and content provided to you as part of the Services for personal, non-commercial purposes; (ii) download a single copy of our software for such use; (iii) make a further copy of the software as necessary for back-up purposes only; and (iv) print a copy of information provided in the Service for your personal, non-commercial use.
Accurate records enable Bestofcent to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Bestofcent. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that Bestofcent may use your feedback, suggestions, or ideas in any way in relation to the provision of Services (or other related products or services), including in future modifications of the Service and advertising or marketing materials (although any use of your personal information will remain subject to our privacy policy).
As is further detailed in our privacy policy, Bestofcent collects information about the websites that you visit in order to create a better user experience for you and other Bestofcent users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Bestofcent);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Involves the sharing of any information which is false, inaccurate or misleading;
- Jeopardises the security of your Bestofcent account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Involves decompiling, reverse engineering, or otherwise attempting to obtain the underlying source code for the purpose of creating a service to compete with the Services; or
- Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you infringe the rules above, we may immediately suspend or terminate your right to use or access the Services.
Electronic Notifications
Bestofcent may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.
Automatic notifications may be sent to you following certain changes made online to your Bestofcent account, such as a change in your Registration Information.
Voluntary account notifications relating to the operation of the Service may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Bestofcent may add new notifications from time to time, or cease to provide certain notifications at any time, subject always to the provision above (i.e. you will still be able to customize, activate and deactivate etc. these notifications). Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Bestofcent login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Bestofcent through the Service, then (except for User Content, to which the specific rules below apply) you are giving Bestofcent permission to use that content solely for the purpose of providing the Service. Bestofcent may use and store the content, but only to provide the Service to you. By submitting this content to Bestofcent, you represent that you are entitled to submit it to Bestofcent for use for this purpose, without any obligation by Bestofcent to pay any fees or other limitations.
Bestofcent’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Bestofcent or its software or content suppliers. Bestofcent grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at info@bestofcent.com.
Access and Interference
You agree that you will not do stuff to make it harder for other Users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
Rules for Posting Content
As part of the Service, Bestofcent may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you agree that you have all necessary rights in the User Content to allow us to use it (including to distribute, copy, modify or display it) in connection with the Service (and related products and services), including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also grant each other User the right to use (including to distribute, copy, modify or display) your User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Limitations on Bestofcent’s Liability
The Service is provided on an “as is” basis. Bestofcent specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We are not responsible for loss or damage resulting from your use of the Service that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to this Agreement, both you and we are aware that it might occur.
The Service is provided for personal, non-commercial use only. We have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Service.
You are solely responsible for ensuring the accuracy of any User Content that you provide (and for the consequences, should such user Content not be accurate).
We don’t exclude or restrict (including in the provisions below) our liability in any way that would be unlawful, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Ending your Relationship with Bestofcent (and vice versa)
This Agreement will continue to apply until terminated by either you or Bestofcent as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Bestofcent and stop visiting our Website and using other Services.
Email removeaccount@bestofcent.com to cancel your account. Upon doing so:
- your account will be closed, your Bestofcent account will be zeroed out, and your ability to log in deactivated (so be sure to redeem anything you accumulated beforehand); and
- any data in our records will be retained subject to our privacy policy.
Bestofcent may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.
Modifications and Novation
Bestofcent may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website, and will be effective at the time of posting, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide a notice to you of at least 30 days in email (or by way of other reasonable means). In addition, the Agreement will always indicate the date it was last revised. You further understand and agree that a different entity of the PayPal Group may provide the Bestofcent service in the future to you and will become your contractual partner for these Terms. Again, in this event, we will provide you with reasonable notice of the change.
By continuing to use our services after any changes to this Agreement take effect, you agree to be bound by those changes. If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above).
Governing Law and Forum for Disputes
This Agreement, and your relationship with Bestofcent under this Agreement, shall be governed by the laws of England and Wales. However, if you are based outside England and Wales, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the USA court.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).
You agree that if you breach this Agreement and Bestofcent does not immediately exercise or enforce any legal right or remedy which it has (including e.g. to terminate this Agreement), this will not prevent Bestofcent from doing so at a later date.
Contact Us
Bestofcent welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at info@bestofcent.com.