Terms and Conditions
- Welcome to the HiXFi Platform
HiXFi (“we” or “HiXFi” or “Company”), provides information technology services including but not limited to the installation, maintenance and repair services of network infrastructure as well as web designing and development, application development and software management. We also develop and design software solutions specifically adapted to the customers needs (“Services” or “HiXFi Services”), and provides and/or enables related mobile applications, software applications, websites, and microsites (“Apps” or “HiXFi Apps”), for use by you (“User”) to make payments for goods and/or services thru the HiXFi Apps and participate in merchant incentive and rewards programs (“Programs”) at physical and/or online point-of-sale (“POS”), among other available functions. HiXFi provides access to these Services and Apps, subject to your acceptance of all of the following Terms and Conditions (“User Terms” or “Agreement”).
By accessing, downloading, copying, and/or using a HiXFi Website and/or App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND HIXFI AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
- HiXFi User Account
In order to make better use of the HiXFi Website, we recommend that you first register with HiXFi and create a HiXFi User Account. Your registration and use of a HiXFi User Account is subject to these User Terms.
By registering for a HiXFi User Account, you agree that:
- All information provided to HiXFi is accurate, current and complete, and that you will maintain and update such information as it changes;
- You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
- You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The HiXFi platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;
- You do not and have never used or maintained any other HiXFi User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
- Your registration and your use of HiXFi Website and any HiXFi App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
- License to Use the HiXFi Website; Intellectual Property
Limited License – HiXFi grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this HiXFi App(s), and/or any HiXFi website content, for the purpose of using the HiXFi Services, including the initiation of orders and/or the request of any services. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the HiXFi Apps, Services or HiXFi Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the HiXFi Property. You may not collect and use the product listing, pictures, or descriptions within the HiXFi Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of HiXFi and its licensors.
No Rights to HiXFi Property – The HiXFi App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the HiXFi website or Apps, or otherwise used by HiXFi to deliver the HiXFi Services (collectively, the “HiXFi Property”), is the sole property of HiXFi and/or of third parties provided under license to, or used with permission by, HiXFi. HiXFi reserves all rights in the HiXFi Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.
Trademarks – The brand “HIXFI,” are exclusively owned by HiXFi and may not be used in connection with any service or products other than those provided by HiXFi, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HiXFi.
No Illegal Uses -The HiXFi Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person
Third-Party Property – The HiXFi platform and Apps feature the trademarks, service brands, images, and logos of third parties (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners. HiXFi’s use of such Third-Party Property does not imply any affiliation or relationship between HiXFi and the Third-Party nor any endorsement of HiXFi or the Services by such Third Party.
- Privacy, Security, and User Data
- Third Party Websites and HiXFi Apps
The HiXFi Apps and/or HiXFi Website may contain links to third party apps or websites. In some cases, HiXFi Apps (meaning applications, sites, or software that you may use or download that have the ability to access the HiXFi platform on your behalf, with your permission) are provided and maintained by third parties. You may also be offered services, products, and promotions provided by third parties as part of your use of any HiXFi App.
Access to the HiXFi platform, or link to a third party site or App within a HiXFi App, does not imply endorsement of, sponsorship of, or affiliation with the linked site or third party HiXFi App by HiXFi. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any HiXFi App to access any of your User Data, or otherwise act on your behalf, within the HiXFi platform. HiXFi is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a third party HiXFi App, site, or service, in connection with the HiXFi platform.
- Ideas Submitted to HiXFi; User Content
User Ideas – HiXFi is pleased to hear from you and welcomes your comments about the HiXFi platform. If you submit ideas or suggestions for the HiXFi platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of HiXFi, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of HiXFi, and HiXFi will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, HiXFi will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
- Copyright Infringement; Digital Millennium Copyright Act
HiXFi complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material contained in a HiXFi App or on a HiXFi Website infringes a copyright that you control, you may contact our Designated Agent with a notification of such infringement at the following address:
Email: [email protected]
HiXFi requests that any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights include the following information (17 U.S.C. § 512(c)(3)): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good-faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which HiXFi may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
- Suspension; Modifications and Termination
Termination by User – You may terminate this Agreement at any time by ceasing to use the HiXFi Services, and all HiXFi Apps.
Termination by HiXFi – HiXFi reserves the right to suspend or terminate your User Account and/or your access to the HiXFi Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the HiXFi Services or any HiXFi App in a manner harmful to HiXFi, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Merchant or User Credit that you rightfully earned prior to termination.
Modification of Services and Terms – HiXFi reserves the right to modify the Services and HiXFi Apps, any features or aspects of the Services or Apps at any time, without notice to you. HiXFi may also from time to time amend, update, or change these User Terms. If HiXFi does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published HiXFi policies when using the HiXFi Apps and/or Services. You agree that your continued use of your HiXFi User Account, the HiXFi Services, or the HiXFi Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the HiXFi Services and HiXFi Apps.
Obligations in the Event of Termination – If your HiXFi User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the HiXFi Services and all HiXFi Apps, (c) that the license provided by HiXFi under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by HiXFi, and (e) that HiXFi shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of HiXFi or for termination of access to your HiXFi User Account.
- No Warranties
The HiXFi Services and HiXFi Apps are provided on an “as-is” basis. HiXFi does not warrant that the Services or HiXFi Apps will operate error-free or without downtime. HiXFi may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIXFI DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. HIXFI DOES NOT WARRANT THAT THE HIXFI SERVICES AND/OR HIXFI APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HIXFI IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HIXFI OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the HiXFi Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with the use of the HiXFi Services.
HiXFi is not responsible for the goods and services that you purchase using the HiXFi Services or any HiXFi App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. HiXFi is also not responsible for any customer service related to your payment instrument(s).
Because we do not control the security of the Internet, or other networks you use to access the HiXFi Services, HiXFi is not responsible for the security of information that you choose to communicate with HiXFi while it is being transmitted. HiXFi is not responsible for any data lost during transmission.
- Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL HIXFI, OR ANY OF HIXFI’S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE HIXFI SERVICES OR ANY HIXFI APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE HIXFI SERVICES OR ANY HIXFI APP. HIXFI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE HIXFI SERVICES, YOUR HIXFI USER ACCOUNT, ANY HIXFI APP, OR THE INFORMATION CONTAINED THEREIN. HIXFI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE HIXFI SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.
THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF HIXFI OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your HiXFi User Account, and HiXFi may condition its payment of any fraud or unauthorized use reimbursement upon your releasing HiXFi from any further claims with respect thereto.
An action or proceeding relating to any claim arising out of the HiXFi Services or any HiXFi App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.
- Release of Claims; Indemnity
You hereby release, and agree to defend, indemnify and hold harmless HiXFi against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with or relating to: (i) your improper or illegal use of the HiXFi Service or any HiXFi App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the HiXFi Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the HiXFi Services or any HiXFi App (“Damages”). HiXFi reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with HiXFi with respect to such defense and settlement.
- Disputes; Arbitration
HiXFi seeks reasonable to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and HiXFi, you agree that any disputes arising out of or relating to the HiXFi Services, any HiXFi App, or this Agreement (including, without limitation, the validity, applicability, or enforceability, and scope of the agreement to arbitrate and any disputes with HiXFi’s third-party licensors or merchants) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Orlando, Florida unless the AAA or the arbitrator shall determine that venue in Orlando is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of the patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but HiXFi does not hereby agree to any personal jurisdiction that is otherwise lacking.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST HIXFI.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect.
- Miscellaneous Provisions
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.
This Agreement shall be governed by the laws of the State of Florida without reference to principles of conflicts of laws.
No delay or omission by HiXFi in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by HiXFi of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
In no event shall HiXFi be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside HiXFi’s reasonable control.
The provisions of this Agreement are entered into for the benefit of HiXFi, its third party licensors, and the merchants and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third-party beneficiaries to this Agreement.
HiXFi reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any HiXFi App or Service, shall constitute agreement to User Terms as so amended.
In the event of a conflict between this Agreement and any other HiXFi agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.
Effective Date of these Terms of Service: April 1, 2018